Orissa Court December 1996 Judgments
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Superintendent, Live Stock and Breeding Farm Vs. Prahallad Barik and a ...
Court: Orissa
Decided on: Dec-09-1996
Reported in: (1997)IIILLJ872Ori; 1997(I)OLR192
A. Pasayat, J. 1. The Superintendent of L.B.D. Farm, Cuttack calls in question legality of award by the Presiding Officer, Labour Court, Orissa, Bhubaneswar (in short, the 'Labour Court') in I.O. Case No. 103 of 1990 holding that the Live Stock and Breeding Farm (in short, 'the farm), unit of Veterinary Department of the State, is an industry as defined in the Industrial Disputes Act, 1947 (in short, the Act'). 2. Factual position is almost undisputed, Service of Prahallad Barik (hereinafter referred to as 'the employee') were terminated by the management of the farm (referred hereinafter as) 'management' with effect from December 24, 1983. A reference was made by the Government of Orissa in the Labour and Employment Department on the basis of a complaint lodged by the employee and following reference was made to the Labour Court for adjudication : '...Whether the termination of services of Sri Prahallad Barik by the management of Live Stock ant Breeding Farm, Cuttack with effect from ...
Bhabagrahi Nayak Vs. State of Orissa
Court: Orissa
Decided on: Dec-06-1996
Reported in: 84(1997)CLT388; 1997(I)OLR198
P.K. Misra, J. 1. The three Criminal Revisions relate to same petitioner and since common questions of fact and law are involved, all the three matters are being disposed of by this judgment.2. The petitioner was initially convicted under Sections 409 and 468, Indian Penal Code, by the trial Court and the order of conviction was confirmed by the appellate Court. Criminal Revision No. 638 of 1932 filed by the petitioner was allowed by this Court by judgment dated 7-2-1994 reported in (1994) 7 0CR 215 (Bhabagrahi Mayak v. State of Orissa). The revision was allowed and the matter was remitted to the trial Court for fresh disposal on the ground that there had been improper framing of charges in contravention of Sections 219 and 220 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') and that there had been defective examination of the accused person under Section 313 of the Code. The matter was remitted to the trial Court with the following observations :'In the resul...
Srima Pattanayak Vs. Council of Higher Secondary Education, Orissa and ...
Court: Orissa
Decided on: Dec-05-1996
Reported in: AIR1997Ori125
Pasayat, J.1. Petitioner, who was a candidate in the Annual+2 Arts Examination, 1996 conducted by the Council of Higher Secondary Education, Orissa (hereinafter referred to as 'Council') has prayed for revaluation/re-checking of answer paper of English Paper-I as she has been awarded '0' (zero) mark. Prayer has also been made for re-checking of answer papers of certain other subjects, i.e., History Papers-I and II. Petitioner had appeared as a candidate from Barapali College, Barapali where she was prosecuting her studies as a regular candidate.2. From the counter affidavit filed by the Council, we find that because of resort to mass scale of mal-practice, result so far as examination of English Paper-I is concerned was cancelled and zero mark was awarded to each candidate in the said paper. Flying Squad of the Council visited the examination centre and found large number of candidates resorting to mal-practice, and suggested cancellation of the examination in respect of English Paper-...
Choudhury Debasis Dash Vs. State of Orissa, Represented by the Commiss ...
Court: Orissa
Decided on: Dec-05-1996
Reported in: 83(1997)CLT95; 1997CriLJ2398; 1997(I)OLR215
A. Pasayat, J. 1. In exercise of powers under Sub-section (2) of Section 3 of the National Security Act, 1980 (in short, 'the Act' ) describing the activities of Choudhury Debasis Dash (hereinafter referred to as 'the detenu' to have affected the public tranquillity, and with a view to prevent him from acting in any manner prejudicial to the maintenance of public: order, an order of detention was passed by the District Magistrate, Khurda on 6-2-1996 which is under-challenge in this writ of habeas corpus.2. Indicating nine incidents involving ghastly and cruel acts including murderousassaults, which disturbed even tempo of life in the society order of detention has been passed. Detenu made a representation before the State Government which has been rejected.3. In support of the writ application, Mr. M.M. Basu, the learned counsel has primarily taken three grounds, namely,(a) the situations described did not constitute the public order situations, and at best may constitute taw and order...
Gayadhar Naik Vs. State of Orissa
Court: Orissa
Decided on: Dec-05-1996
Reported in: 1997(1)ALT(Cri)19; 1997CriLJ1950
S.N. Phukan, C.J.1. The accused-appellant Gayadhar Naik was booked for trial under Sections 302 and 201 of the Indian Penal Code before the learned Sessions Judge: Dhenkanal, The case was registered as S.T. Case No. 136 of 1980 and the learned Sessions Jude found the accused guilty under Section 302, I.P.C. and accordingly convicted him to suffer imprisonment for life. The accused-appellant was found not guilty under Section 201, I.P.C.2. The prosecution case, briefly stated, is that in the evening of 9-9-1989 while the deceased-Sambhu Manigira and Banshidhar Naik (P.W. 1), were returning from Sanjamura to their village Kumbhamunda after taking liquor, on the way they met the accused-appellant and there was exchange of hot words between the accused and the deceased over 'Pidha Puja'. The prosecution has further alleged that the accused pushed the deceased into the Satidhara Nala at Gangadhar ghat and the deceased fell into the water. The further allegation is that the accused thereafte...
Budhia Murmu Vs. State
Court: Orissa
Decided on: Dec-04-1996
Reported in: 1997(1)ALT(Cri)8; 83(1997)CLT110; 1997(I)OLR47
Dipak Misra, J.1. Shastras may proclaim God manifests in the innocent smile of a child, a Philosopher may gaze at the sparkling eyes of a growing child to feel the quintessence of the universe and a poet laureate like Wordsworth may announce with divine solemnity 'Child is the father of man' and yet someone else in nostalgia may remember the house he was born, but here is a sad and unfortunate incident where the appellant succumbing to the most inferior bestial propensities of lowly human nature and exposing his perverse impulse shattered the serene innocence of a eight year girl depriving her of the life-time privilege of cherishment of the childhood memory in posied tranquillity and compelling her to remain in constant despair bearing the burnt of an incurable stigma.2. The appellant faced trial for commission of an offence under Section 376, Indian Penal Code, for having committed rape on an Adivasi girl aged eight and has been convicted by the learned trial judge. The legality of t...
Saroj Kumar Das and ors. Vs. Utkal University and ors.
Court: Orissa
Decided on: Dec-04-1996
Reported in: 1997(I)OLR254
S. Chatterji, J.1.The present writ petition is at the instance of 41 students who appeared as private B. Ed. Examinees at U. N. College, Nalagaja Centre in the district of Mayurbhanj seeking reliefs as follows :'......issue a writ in the nature of mandamus commanding the opposite parties to have a thorough probe into the system, method and actual conduct of B. Ed. Examination, 1995 to determine the petitioners in any way guilty of any misconduct either in process or in respect of answers written in the examination papers and find out if the petitioners deserve the punishment meted out to them by the University by the order in Annexure-1 and if necessary command the 0. P. N. 1 to restore the marks in all papers hereby cancelling illegal notification in Annexure-1 or in the alternative command the opposite parties to hold a fresh examination, if the Hon'ble Court feels as a part of the Annual Examination, 1995 without fees and issue other order/direction as will do complete justice to th...
Sakhi Sahu and ors. Vs. Rambha Bewa and ors.
Court: Orissa
Decided on: Dec-04-1996
Reported in: 1997(I)OLR168
Dipak Misra, J. 1.Plaintiffs are in appeal against the affirming judgment and decree of the learned District Judge, Cuttack, in a suit for declaration of right, title and interest, permanent injunction, and for eviction of the defendants from the 'B' Schedule property and also for grant of damages.After stating the pleadings and the evidence, the Hon'ble Court found :6. Both the Courts below have concurrently found that the plaintiffs' suit is devoid of merit as Sanei did not possess the land as a licensee, but as a lessee; the plaintiffs' suit is vague and there is actually no cause of action for filing of such a suit. The Courts below have also recorded a finding that the defendants are in possession of the suit land since 1930 and they have the right over the entire C.S. Plot No. 148.7. Before I proceed to address myself with regard to the merits of the second appeal, it is appropriate to deal with the contention of Shri B. Routray,the learned Counsel for the plaintiffs-appellant, w...
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