Orissa Court May 1996 Judgments
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Chandra Kala Padi, Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-15-1996
Reported in: 1997(I)OLR52
Dipak Misra, J. 1. Warrantableness of the orders passed by the Collector Koraout under Section 7-A(3) of the Orissa Government Land Settlement Act, 1952 (hereinafter referred to as 'the Act'), cancelling the lease granted in favour of the petitioners by the Tahasildar Umerkote and the affirmation of the same by the Revenue Divisional Commissioner (Southern Division) Berhampur, are called in question in these writ applications invoking the Extraordinary Jurisdiction of this Court.2. As factual backdrop and legal controversy involved are similar and the counsel for the parties advanced a single set of argument, these writ applications are take-up together and are disposed of by this common judgment.3. The factual matrix giving rise to these bunch of the writ applications may be stated in a concise manner. Chandra Kala Padhi, the petitioner in OJC No. 1864/90, filed an application before the Tahsiidar, Umerkots for settlement of land situated in Plot Nos.530/A, 433/4, 649/1, villag Murtum...
Sanatan Mohanta Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-15-1996
Reported in: 1996(II)OLR171
A. Pasayat, J.1. Petitioner seeks for a direction to the Utkal University (hereinafter referred to as 'the University') and its Controller of Examinations to issue his certificate and mark-sheet in respect of Bachelor of Arts Examination held in the year 1982.2. A brief reference to the factual aspects would suffice.Petitioner appeared at the Bachelor of Arts (Pass) Examination as a candidate of Keonjhar College, Keonjhar. His roll number was 401K075. He did not come out successful in the said examination. From the mark-sheet obtained from the college authorities, it appeared that he had passed in all subjects, except English. He appeared in the Supplementary Examination, 1932, as a compartmental candidate bearing roll number 40 1K018. After publication of the result, marksheet was issued by the Controller of Examinations of the University wherein it was indicated that the petitioner had passed in the Second 8. A.' Examination. Subsequently in the year 1995 petitioner filed an applicat...
Oriental Insurance Co. Ltd. Vs. Gajindra Prusty and anr.
Court: Orissa
Decided on: May-15-1996
Reported in: 2(1996)ACC430
A. Pasayat, J.1. In this appeal under the Letters Patent purport of the word 'lie' appearing in the third proviso to Sub-section (1) of Section 30 of the Workmen's Compensation Act, 1923 (in short 'the Act') is the pivotal question for consideration, in addition to other questions which shall be dealt with infra. The Oriental Insurance Company Limited (hereinafter referred to as 'the Insurer') calls in question legality of judgment of a learned Single Judge holding that the Miscellaneous Appeal preferred under Section 30 of the Act was defective, and consequentially was not maintainable, as the memorandum of appeal was not accompanied by a certificate by the Commissioner to the effect that appellant had deposited with him the amount payable under the order appealed against. That was the interpretation given to the expression 'lie' appearing in third proviso to Sub-section (1) of Section 30 of the Act. The quantum awarded by the Commissioner as compensation to Gajendra Prusty (hereinaft...
Chandrasekhar Raula Vs. Gangadhar Raula and ors.
Court: Orissa
Decided on: May-14-1996
Reported in: AIR1997Ori28
D.M. Patnaik, J. 1. In this writ petition the petitioner, defendant No. 1 in a suit for partition, assails the orders dated 16-11-94 (Annexure-4) and 22-12-95 (Annexure-7) of the Civil Judge (Senior Division), Berhampur, in F. D. T. S. No. 25 of 1976 and the revisional order dated 16-2-96 (Annexure-8) of the District Judge, Ganjam Berhampur in Civil Revision No. 8 of 1996. 2. The case of the parties is as follows: Opposite party No. 1 filed Title Suit No. 25 of 1976 against the present petitioner and others for partition of the family property. In the said suit a claim was also made for distribution of the usufructs of the Palis performed by the members of the family as Sebayats of deity Chandrasekhar in Berhampur town. A preliminary decree was passed in the said suit defining the respective shares of the parties. The petitioner filed First Appeal No. 300 of 1970 before this Court. Whiledisposing of the said first appeal on 2-11-93, this Court modified the trial Court decree holding th...
Management, State Bank of India Vs. BipIn Bihari Patnaik and anr.
Court: Orissa
Decided on: May-14-1996
Reported in: (1999)IIILLJ718Ori; 1996(II)OLR326
A. Pasayat, J.1. The Management of State Bank of India (hereinafter referred to as the 'employer') calls in question legality of the award made by the Industrial Tribunal, Orissa (in short, the Tribunal') adjudicating a reference made by Government of India in the Ministry of Labour in exercise of power conferred under Clause (d) of Sub-section (1) and Sub-section (2-A) of Section 10 of the Industrial Disputes Act, 1947 (in short, the 'Act'), Reference related to justification of refusal of employment to Bipin Bihari Patnaik (hereinafter referred to as the workman), opp. party No. 1 in this writ application.2. Factual position, as presented by the respective parties before the Tribunal and reiterated before this Court, are as follows :The workman's case sans unnecessary details is that he was working as a Clerk in the State Bank of India, Phulbani Branch in the year, 1985. He availed leave for three days from April 11, 1985 to April 13, 1985 and proceeded to his native place. Since he ...
Smt. Shantilata Dei Vs. Additional District Magistrate and 2 ors.
Court: Orissa
Decided on: May-14-1996
Reported in: 1996(II)OLR182
ORDERD.M. Patnaik, J.1. In this writ petition the petitioner assails the notice dated 10-10-1981 for cancellation of the lease and the order dated 16-2-1982 of the revisional authority cancelling the lease under Section 7-A (3) of the Orissa Government Land Settlement Act, 1962 (for short, 'the Act.')2. Petitioner's case is she was granted lease of an area measuring Ac. ,2.00 decimals in mouza Andharua in the district of Khurda under Khata No. 805, plot No. 2708 of the previous settlement in W. L, Lease Case No. 1160/78 by the Tahasildar on 20-10-1978. This was settled for agricultural purpose under the approved lease principles after due enquiry. Consequently the R. O. R. was corrected. The petitioner since then has been in possession of the land. It is her case that the Additional District Magistrate committed illegality in cancelling the said lease by invoking the powers under Section 7-A (3) of the Act. She has therefore approached this Court to quash Annexures-3 and 7 being illega...
Samarendra Nath Mukherji and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-13-1996
Reported in: 1996(II)OLR5
D.M. Patnaik, J.1. Puri Hotel at Puri through its manager, petitioner No. 1 assails the order of the Orissa State Pollution Control Board (for short, the 'Board') directing to close down the hotel for allegedly violating the provisions of the Water and Air (Prevention and Control of Pollution) Act, 1974 (Act No. 6 of 1974) (for short, the 'Act').2. Petitioners' case is, the hotel is a premier hotel of repute carrying on business in hotel industry since last more than 40 years it has been awarded various tophies for its performance in hotel industry. Being a premier hotel of the State, it has taken utmost care to keep the industry free from all types of pollution. Its trade effluent from bath-room and kitchen etc. is driven to the pits dug and from there through its own sewer to the municipal drain.It is further case of the petitioner that notwithstanding the fact that the petitioner-hotel is not a polluting unit, the Board (opp. party No. 5) under Annexure-1 dated 23-6-1993 and Annexur...
The Divisional Manager, National Insurance Co. Ltd. Vs. Ranjan Kumar P ...
Court: Orissa
Decided on: May-10-1996
Reported in: 1997ACJ1417; [1997(75)FLR310]; (1996)IILLJ880Ori; 1996(I)OLR629
Dipak Misra, J.1. These appeals preferred under Section 30(1) of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') arise from the proceedings initiated under the Act relating to the same accident. Two of the claimants-respondents were stated to be coolies and the other was a helper of the vehicle in question. Since the facts and law involved in all the cases are similar and the appeals were heard together and one set of argument was canvassed by the learned counsel, the same are disposed of by this common judgment.2. A brief reference to the facts would suffice. The claimants- respondents filed applications for grant of compensation as they had sustained injuries in an accident arising out of and in course of their employment before the Assistant Labour Commissioner, Bhubaneswar forming the subject-matter of W.C. Case Nos.70, 71, and 72 of 1993. The employer appearing before the Commissioner admitted the employment, accidental injuries and wage of the claimant...
Samir Kumar Ray Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-10-1996
Reported in: 82(1996)CLT411; 1996(I)OLR622
S. Chatterji, A.C.J. 1. The present writ petition is at the instance of one Samir Kumar Ray, a judicial officer of the State. He has prayed inter alia to :(i) Issue a Rule Nisi in the nature of a writ of mandamus and/or writ of certiorari and/or any other appropriate writ/ writs, order/orders, direction/directions, calling upon the opposite parties to show-cause as to why Annexure-9 should not be quashed and the petitioner should not be considered for promotion with effect from 30-1-1989, declaring the petitioner's inter se seniority above opp. party Nos. 3 to 42; AND (ii) If the opp. parties fail to show-cause and/or show insufficient end/or false cause, make the said Rule Nisi absolute; AND (iii) Grant any other appropriate relief/reliefs to which the petitioner is entitled; AND (iv) Allow the writ application with costs. XX XX XX 2. It is stated in the writ petition that at the time of presenting the writ petition the petitioner was serving as an officer in the cadre of Orissa Ju...
Arjuna Charan Mallik Vs. State of Orissa
Court: Orissa
Decided on: May-10-1996
Reported in: 1996(II)OLR187
ORDERP.K. Misra, J.1. A fairy-tale love story has turned a nightmare. The petitioner who is now a Lecturer in Ravenshaw College and the informant who is a Lecturer in J. K. B. K. College were classmates. Though they belonged to different castes, love knew no barrier and ultimately they were married. They have three children -- two daughters aged about 16 and 14 and a son aged about 10. The love story turned sour. Admittedly, two divorce cases are now pending, one filed by the informant-wife at Bhubaneswar and the other filed by the accused-husband at Cuttack. The children are now staying with the petitioner. The wife has lodged an FIR in Chauliaganj Police Station which has been registered under Sections 498A, 323, 379, 341, Indian Penal Code. How the investigation is being done by the H. R. P. C.2. In the aforesaid background, apprehending arrest, the husband has filed this application under Section 438 of the Cede of Criminal Procedure for grant of anticipatory bail. The informant ha...
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