Orissa Court December 1996 Judgments
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Amritlal Das Pattanaik Vs. Tata Engineering and Locomotive Company Ltd ...
Court: Orissa
Decided on: Dec-13-1996
Reported in: AIR1997Ori167
P.C. Naik, J.1. Though styled as one under Articles 226 and 227 of the Constitution of India, this petition is, in fact, one under Article 227 thereof. The orders impugned are annexures 3 and 4 whereby the petitioner's application under Section 151 of the Civil F.C. for release of the bus in question was turned down by the trial court as well as the revisioinal court.2. Shorn of unnecessary details, the facts giving rise to this petition are that the petitioner had entered into a hire-purchase agreement in respect of a bus with its chasis (vehicle hearing registration number ORA 2322). The total contract amount was Rs. 4, 16.930/- out of which a down payment of Rs. 33.549/- towards hire charges was made and the balance hire charges of Rs, 3,83.381/- was to he paid in thirty-five monthly instalments, as provided in the hire-purchase agreement. It is not disputed that for non-fulfilment of the term regarding payment the vehicle was seized by the finaneer. There is however, a dispute betw...
Dillip Kumar SwaIn Vs. Executive Officer, Cuttack Municipal Corporatio ...
Court: Orissa
Decided on: Dec-13-1996
Reported in: 1997(I)OLR202
A. Pasayat, J. 1. Petitioner's bi-cycle was seized by staff of Cuttack Municipal Corporation (hereinafter referred to as the 'Corporation') on the ground that it was being plied inside the Corporation limits without requisite licence.2. Petitioner's case, in brief, is as under :Petitioner is the owner of an Atlas brand bi-cycle. He being a permanent resident of Purunabasanta Grama Panchayat which forms, part of Raghunathpur Panchayat Samiti, had obtained requisite licence for user of his bi-cycle. He comes to Cuttack occasionally for personal works. Though he had obtained a licence for user of his bi-cycle, under an erroneous impression that it was unlicensed, seizure thereof was made purportedly under Section 186 of Orissa Municipal Act, 1950 (in short, the 'Act') and Orissa Municipal Rules, 1953 (in short, the 'Rules' ) framed thereunder. Stand of petitioner is that in view of Section 188 of the Act, he having obtained licence for plying his cycle, there was prohibition on further co...
A. Krishna Patra Vs. Orissa State Electricity Board and ors.
Court: Orissa
Decided on: Dec-12-1996
Reported in: II(1998)ACC367; 1998ACJ155; AIR1997Ori109; 83(1997)CLT356
P.C. Naik, J. 1. In this petition, the petitioner claims compensation of Rupees 1,00,000/- from the Orissa State Electricity Board (hereinafter called 'the O.S.E.B.') and its functionaries for the death of his wife who was electrocuted when she came in contact with a live conductor which had snapped and was lying on the ground. 2. According to the petitioner, the mishap was solely due to the negligence of the opposite parties who had failed to maintain the line in proper order, in utter disregard to the statutory safeguards. The opposite parties, i.e. the O.S.E.B. and its functionaries, have filed a counter denying its liability. 3. The fact that the petitioner's wife was electrocuted when she came in contact with a live conductor which had snapped and was lying on the ground, is not disputed. However, the allegation of negligence and poor supervision is denied. The stand taken by the opposite parties in reflected in paragraph 7 of their counter which reads thus : '......There might be...
Cattle Development Officer, (i.C.D.P.) Vs. Taranisen Dash and ors.
Court: Orissa
Decided on: Dec-12-1996
Reported in: (1998)IIILLJ1178Ori
S.N. Phukan, C.J.1. This writ petition has been filed by the Cattle Development Officer (I.C.D.P). Sambalpur, against the ex parte award dated November 13, 1993 made by the learned Presiding Officer, Labour Court, Sambalpur,2. Briefly stated, the workman-opposite party No. 1, after undergoing training as Village Cattle Inseminator at the cost of the Government, was appointed in March, 1983 by the District Veterinary Officer, Sambalpur. According to the writ petitioner, after introduction of Liquid Nitrogen Semen, the services of opp. party No. 1 were terminated in May, 1988. There was a conciliation proceeding. Thereafter the State Government by order dated September 19, 1992 referred the following dispute for adjudication of the Labour Court, Sambalpur :'Whether the termination of services of Taranisen Dash w.e.f. May 27, 1988 by the Cattle Development Officer (Intensive Cattle Development Project), Sambalpur, is legal and/ or justified? If not, what relief Sri Taranisen Dash is entit...
Laxman Kumar Behera Vs. State
Court: Orissa
Decided on: Dec-12-1996
Reported in: 1997(I)OLR78
D.M. Patnaik, J.1. The appellant assails his conviction under sections.302 and 201 of the Indian Penal Code and sentence of imprisonment for life and Imprisonment for six months respectively. He has been acquitted of the charge of Dowry death punishable under Section 304B, IPC.2. Prosecution case is marriage between the appellant and deceased Jhunu alias Shakuntala took place in Falguna 1990. Though PW 1, father of the deceased had met the demand of dowry, yet he failed to keep his promise to pay Rs. 10,0 00/- towards the cost of a scooter for which it was alleged that, the appellant and his parents started ill-treating to deceased.On 2-4-1994 receiving information that Shakuntala was ailing, PW 1 came to the house of the appellant and found his daughter to have recovered from the illness. On that day he witnessed the appellant quarrelling with the deceased for amount of Rs. 10,000/-promised by PW 1 to get. The appellant left the house at 4 p.m. towards the Bazar and returned at about ...
Pradipta Kumar Samanta, Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-12-1996
Reported in: 1997(I)OLR162
S.N. Phukan, C.J.1. In all thase seven writ petitions filed under Arts. 226 and 227 of the Constitution of India, the facts and the point of law involved are the same and similar. Therefore, all of them are disposed of by this common judgment and order.2. For the purpose of convenience, we state the facts of OJC No. 632 of 1996. The following facts are not disputed :The Registrar (Judicial) of this Court issued notice dated 17-7-1991 inviting applications from candidates for filling up some posts of Junior Assistant in the Registry of this Court. The said notice is available at Anriexure-A/2 to' the. counter filed on behalf of the Registrar. Pursuant to the said notice, all the petitioners submitted applications and appeared in the written test as well as viva voce test. Thereafter a select list was prepared, a part of which has also been annexed as Annexure-B/2 to the aforesaid counter. The names of all the petitioners appear in the said select list. Considering the position of the pe...
Sribatsa Kumar Bara Alias Sribatsa Bara and ors. Vs. Sabitri Karan
Court: Orissa
Decided on: Dec-12-1996
Reported in: 1997(I)OLR67
D.M. Patnaik1. The petitioners, accused persons in a complaint case for offence under Section 395, IPC, assail the order dated 28-11-1994 of the Judicial Magistrate, First Class, Baramba issuing processes following an enquiry under Section 202 of the Code of Criminal Procedure (for short, 'the Code'). The allegation was that the petitioners on 23-1-1994 in the dead of the night snatched away gold necklace from the person of the opposite party and removed a sum of Rs. 1200/- from her house. During the enquiry under Section 202 of the Code, the Magistrate examined five witnesses out of the six. This is challenged by the petitioners on the ground that it was mandatory on the part of the Magistrate to examine all the six witnesses.2. Mr. S. S. Das, learned counsel for the petitioner raised two contentions in support of his case. Firstly, it was submitted that since the opposite party had lodged an FIR with the police it was obligatory on the part of the Magistrate to stay the proceeding in...
Cattle Development Officer, (i.C.D.P.) Vs. Taranisen Das and ors.
Court: Orissa
Decided on: Dec-12-1996
Reported in: 1997(I)OLR135
S.N. Phukan, C.J.1. This writ petition has been filed by the Cattle Development Officer (ICDP). Sambalpur, against the ex parte award dated 13th November, 1993 made by the learned Presiding Officer, Labour Court, Sambalpur.2. Briefly stated the workman-opposite party No. 1. after undergoing training as Village Cattle Inseminator at the cost of the Government, was appointed in March, 1983 by the District Veterinary Officer, Sambalpur. According to the writ petitioner, after introduction of Liquid Nitrogen Semen, the services of opp. party No. 1 were terminated in May, 1988. There was a conciliation proceeding. Thereafter the State Government by order dated 19-9-1992 referred the following dispute for adjudication of the Labour Court, Sambalpur :'Whether the termination of services of Taranisen Dash w.e f. 27-5-1988 by the Cattle Development Officer (Intensive Cattle Development Project), Sambalpur, is legal and/or justified If not, what relief Sri Taranisen Dash is entitled to ?' By the...
Dr. Pradeep Rao Vs. State of Orissa, Represented Through the Secretary ...
Court: Orissa
Decided on: Dec-12-1996
Reported in: 1997(I)OLR142
A. Pasayat, J.1. Petitioner, in eminent homoeopathic doctor of the Stats, has filed this petition stated to be in public interest questioning decision of the State Government to purchase Single Plune Digital Cardiac Cathaterisation Lab for the S. C. B. Medical College Hospital from M/s. Siemens Ltd., (in short, 'Siemens'), allegedly over-looking recommendations of the State Level Purchase Committee (in short, 'SLPC') to purchase it from fv?/s. Philips Medical System India Ltd., (in short 'Philips'). It is stated that quality of equipment for which order has been placed with Siemens is inferior to that offered by Philips, and in any event indicated determinative reason of lesser financial involvement is not factually correct.2. A reference to the1 factual aspects with some details would be necessary.On 23-2-1999 seated tenders were invited for supply of the equipment. . Three cocerns, namely. Philips, Siemens and M/s. WilmoGs. submitted their tenders. The sealed tenders were opened by D...
Dr. Hemanta Chandra Panda and ors., Etc. Etc. Vs. State of Orissa and ...
Court: Orissa
Decided on: Dec-09-1996
Reported in: AIR1997Ori98
R.K. Patra, J. 1. In this batch of petitions the controversy veers round the admission to Post-graduate Courses in the three Government Medical Colleges of the State. For the sake of convenience, they were heard together and are disposed of by this judgment. 2. Applications in the prescribed forms were invited for selection of candidates for Post-Graduate Courses leading to M.D./ M.S. Degree and Higher Specialties Courses, 1996 available in the three Government Medical Colleges of the State. The last date of receipt of application forms was 30-5-1996. (In these matters, as there is no grievance with regard to admission to Higher Specialties courses, we have not referred to any clause of the prospectus dealing with that course). As prescribed under Clause 9 of the prospectus a competitive entrance examination was held on 16-6-1996 to fill up 184 seats in the Post-Graduate Courses (91 seats for direct candidates and 93 seats for in-service candidates). The break-up of the seats as indica...
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