Orissa Court April 1996 Judgments
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Dhaneswar Das and anr. Vs. Commissioner for W.C.-cum-asst. Labour Comm ...
Court: Orissa
Decided on: Apr-22-1996
Reported in: 1997ACJ762; 82(1996)CLT228; (1998)IIILLJ1219Ori
Dipak Misra, J.1. In this appeal under Section 30C of the Workmen's Compensation Act the parents of the deceased challenge the order dated February 18, 1993 passed by the Assistant Labour Com-missioner-cum-Commissioner for Workmen's Compensation under the W.C. Act (in short, 'the Act') in W.C. Case No. 169/1988.2. A brief reference to the facts would suffice. Late Nrusingha Charan Das the son of the present appellants was working under Respondent No. 4 M/s. Larson & Toubro Ltd. As the death Occurred on December 15, 1987 the Respondent No. 4 voluntarily deposited Rs. 42,221.60 before the Commissioner for Workmen's Compensation, Visakhapatnam as per the provisions of the Act for payment of compensation to the legal representatives of the deceased. The Commissioner for Workmen's Compensation, Visakhapatnam., Respondent No. 3 sent the aforesaid deposited amount to the Respondent No. l, the Commissioner for Workmen's Compensation at Cuttack for disbursement of the said amount in favour of t...
Sukanti Gochhayat Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-22-1996
Reported in: 1996(II)OLR275
S. Chatterji, Acting C.J. 1. The present petition for a writ of habeas corpus at the instance of one Sukanti Gochhayat challenges the impugned order for the alleged detention of her husband dated 16-9-1995 passed by opp. party No. 3, District Magistrate, Puri. 2. It is stated that one Subash Chandra Gochhayat has been detained under Section 3(2) of the National Security Act. 1980 and the ground of detention was served on the husband of the petitioner on 19-9-1995. The State Government has confirmed the order on 10-11-1995. The copy of the documents dated 17-9-1995 containing the grounds of detention and the order of confirmation dated 10-11-1995 have been served on him. The petitioner in this connection has mainly challenged that the order of detention suffers from various infirmities and the continued detention is bad in law.'3. The writ petition is opposed by the opp. parties by filing affidavits by the State Government as well as by the Collector, Puri. The allegations of the petiti...
Anam Charan Mallick and ors. Vs. Commissioner of Endowments and anr.
Court: Orissa
Decided on: Apr-22-1996
Reported in: 82(1996)CLT467; 1996(I)OLR529
P. Ray, J. 1. There is a famous deity, namely; Sri Radhakanta Jew situated at village Danduo, P. O. Baijanga, District, Jagatsinghpur having its temple and considerable properties. The nature of the said temple has not yet been determined and a proceeding under Section 41 of the Orissa Hindu Religious Endowments Act (hereinafter referred to as 'the O. H. R. E. Act') is pending for determination of the nature of the said institution. It appears that the said institution belongs to Madhab Gaudeswar Sampradaya and was all allong being managed by Nihangi Baishnabas. The last person in management of the institution was one Mahanta Harmohan Das. Mahanta Harmohan Das died on November 2, 1990 without nominating any chella and without indicating any line of succession. After death of said Mahanta the Commissioner of Endowment (in short 'Commissioner') in exercise of powers conferred upon him under Section 7 of the O. H. R. E. Act appointed the Inspector of Endowment, Jagatsinghpur as an interim...
Dhaneswar Das and anr. Vs. Commissioner for W.C.-cum-asstt. Labour Com ...
Court: Orissa
Decided on: Apr-22-1996
Reported in: 2(1996)ACC277
Dipak Misra, J.1. In this appeal under Section 30C of the Workmen's Compensation Act the parents of the deceased challenge the order dated 18.2.1993 passed by the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation under the W.C. Act (in short, 'the Act') in W.C. Case No. 169/88.2. A brief reference to the facts would suffice. Late Nrusingha Charan Das the son of the present appellants was working under respondent No. 4 M/s. Larson & Tubro Ltd. As the death occurred on 15.12.1987 the respondent No. 4 voluntarily deposited Rs. 42,221.60 before the Commissioner for Workmen's Compensation, Visakhapatnam as per the provisions of the Act for payment of compensation to the legal representatives of the deceased. The Commissioner for Workmen's Compensation, Visakhapatnam, respondent No. 3 sent the aforesaid deposited amount to the respondent No. 1, the Commissioner for Workmen's Compensation at Cuttack for disbursement of the said amount in favour of the dependents of the...
Talcher Swasthya Surakshya Parishad Vs. Chairman-cum-managing Director ...
Court: Orissa
Decided on: Apr-19-1996
Reported in: AIR1996Ori195
Pasayat, J.1. This application is stated to have been filed in public interest by one Bibhudhendra Pratap Das on behalf of Talcher Swasthya Surakshya Parishad. Backdrop in which this application has been filed is essentially as follows :Talcher in the State of Orissa is famous for rich coal deposit, and large quantity of coal is excavated from different mines situated theredaily. Because of such extraction, Talcher town and its nearby areas are being polluted environmentally. There is no pure air to breathe, and pure water to drink. Large number of persons have been affected being exposed to dust and effluent materials which they have to perforce inhale. Water has become polluted because of dust and effluent articles rendering it unsuitable for drinking purpose. Mahanadi Coalfields Limited (hereinafter referred to as 'the company') is operating in the areas and necessary steps have not been taken by it to avoid pollution of air and water. There has been flagrant violation of the provis...
Bipra Charan Mohanty Vs. Basanta Kumar Mohanty
Court: Orissa
Decided on: Apr-19-1996
Reported in: 82(1996)CLT89; 1996CriLJ2982; 1996(I)OLR517
R.K. Dash, J. 1. The sole question for consideration in this revision is : When the enquiry in a proceeding under Section 107, Cr PC shall be deemed to have commenced ?2. To answer this question, it is necessary to recapitulate the factual aspect of the case.The petitioner and the opp. party are real brothers. There was a land dispute which compelled them to approach the Civil Court for partition and as it appears from record, a preliminary decree, for partition has been passed by the learned Subordinate Judge, Jajpur, in Title Suit No. 158 of 1936. Because of the ill-feeling, it is alleged that the opp. party was harassing the petitioner in various ways. So, the petitioner approached the learned Subdivisional Magistrate, Jajpur by filing a petition for taking appropriate legal action against him. The said petition was sent for enquiry to the local police and on receipt of the report, the present proceeding was initiated under Section 107, Cr PC, since in the opinion of the learned Mag...
Divisional Forest Officer-cum-authorised Officer, Keonjhar Forest Divi ...
Court: Orissa
Decided on: Apr-19-1996
Reported in: 82(1996)CLT7; 1996(I)OLR557
A. Pasayat, J. 1. In this writ application order passed by the learned District Judge, Keonjhar in an appeal directed against the order of Authorised Officer-cum-Divisional Forest Officer, Keonjhar (in short 'Authorised Officer') rejecting prayer for release of the vehicle (a jeep) bearing registration No. ORX 681 In terms of Section 57 of the Orissa Forest Act, 1972 (in short, 'the Act') is under challenge.2. factual position is undisputed, and detailed reference to it is unnecessary. The aforesaid vehicle was seized on 20-2-1994 by the officials of Forest Department on the allegation that it was carrying 167 pieces of Bija Sawn timber and one piece of Kasi sawn timber. A proceeding was Initiated before the Authorised Officer. Prayer was made for interim ralease of the vehicle in terms of Section 57 of the Act, by the owner of the vehicle. The prayer was rejected. An appeal was carried before the learned District Judge, which was numbered as Miscellaneous Appeal No. 39 of 1994. By the...
Prasanna Narayan Sarangi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-18-1996
Reported in: AIR1996Ori211; 81(1996)CLT730; 1996(I)OLR551
D.M. Patnaik, J.1. The petitioner assails the order of the Government of Orissa in the General Administration Department vide Annexurc 6 directing him to give up the unauthorised possession of the land beyond his leasehold area.2. The petitioner's case is, he was allotted a Government plot bearing No. BJ-12 measuring an area of 78'(m) x 80'(m) in the Kalpasa area, Bhubaneswar on lease basis. The plot being a corner plot having roads on three sides of it, he paid on extra 10% of the premium at the rate of Rs. 80,000/- per acre. Pursuant to the agreement dated 27-3-84 (Annexure 2), he took delivery of possession of the plot on 9-5-84-Annexure. In course of time, he constructed the ground floor after requisite permission from the Bhubaneswar Development Authority. For construction of the first floor he approached the Development Authority for permission. The said Authority on verification found the petitioner to have possessed certain land beyond the lease-hold area. The Bhubaneswar Devel...
Smt. Bidyut Mishra Vs. State of Orissa, Through the Secretary to Govt. ...
Court: Orissa
Decided on: Apr-18-1996
Reported in: 1996(I)OLR532
P. Ray, J. 1. The petitioner, a transferee from the original settlee of Government land has assailed the order dated July, 25, 1989 passed by the Addl. District Magistrate, Bhubaneswar in suo motu Lease Revision Case No. 21/89 initiated under Section 7-A (3) of the Orissa Government Land Settlement Act, 1962 (hereinafter referred to as the 'Government Land Act') cancelling the grant of lease.2. On October 9, 1975 land measuring about Ac. 1.000 acre comprising plot No. 562 under Khata No. 272 of Mouza Dasapur, P. S. Chandaka, Bhubaneswar (hereinafter referred to as the 'disputed land') was settled in favour of one Dharamu Behera (opp. party No. 3) by the Tahasildar, Bhubaneswar in Waste Land Lease Case No. 1177 of 1975. On January 30, 1985 the said settlee transferred the disputed land to one Smt. Pratima Kar (opp. party No. 4). On December 6, 1985, opp. party No. 4 in her turn sold the disputed land to the present petitioner under registered sale deed No. 9941. The possession of the La...
Arundhati Sahoo Vs. Board of Secondary Education and anr.
Court: Orissa
Decided on: Apr-15-1996
Reported in: 82(1996)CLT754; 1996(I)OLR512
R.K. Patra, J. 1. Of late it has come to be noticed that after publication of results of examinations conducted by the Board of Secondary Education, Orissa (O.P. No. 1), large number of examinees have been approaching this Court alleging, inter alia, commission of errors in the evaluation process by the examiners. In many cases, this Court on examination has found that such complaints are not without any basis. The opposite parties are in charge of conducting the High School Certificate Examinations and Teachers' Certificate Examinations and other examinations. Opp. party No. 1 being a statutory authority is under an obligation to ensure correct evaluation process and elimination of possible errors committed by the examiners on account of their negligence, remisness, indifference or casual-ness. The Manual of Central Valuation compiled by the opp. party No. 1 deals, inter alia, with the duties and responsibilities of Chief Examiners, Assistant Examiners and Scrutinisers. The instructio...
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