Orissa Court May 1996 Judgments
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Bidyadhar Sahoo Vs. Sanjay Kumar Dalei and ors.
Court: Orissa
Decided on: May-10-1996
Reported in: 82(1996)CLT702; 1996(II)OLR198
ORDERP.K. Misra, J.1. The first party member in a proceeding under Section 144 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has filed this application under Section 482 of the Code for quashing the order dated 7-10-1996 passed by the Sub-Divisional Magistrate, Dhenkanal, in Criminal Misc. Case. No. 249 of 1995.2. On 27-9-1995 on the basis of a petition-cum-affidavit filed by the present petitioner, the Sub-Divisional Magistrate, Dhenkanal, initiated a proceeding under Section 144 of the Code and passed a restraint order restraining the second party members and their henchman from going upon the disputed land. The second party members after receiving notice filed their show-cause. Though the case had originally been fixed to 11-10-1995, the Sub-Divisional Magistrate, on the basis of a petition filed by the second party members, took up the matter on 7-10-1995 and passed order rescinding the order dated-27-9-1995. The first party member approached this Court ...
N. Nageswar Rao Vs. Union of India (Uoi)
Court: Orissa
Decided on: May-10-1996
Reported in: 1997CriLJ6; 1996(II)OLR211
ORDERP.K. Misra, J. 1. Robert Bruce had become successful after several attempts. The petitioner possibly being inspired by Robert Bruce has filed this petition for bail after similar applications had been rejected on several occasions in the High Court. Last such order was passed on 23-2-1994. The present petition has been filed even before the ink has dried on the earlier order.2. The petitioner is facing trial before the 2nd Addl. Sessions Judge, Cuttack in 2 (c) C. C. No. 335 of 1994 alongwith co-accused Dhoina Das. Charge has been framed under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') Some witnesses have been examined.The petitioner has been charged under Section 20(b)(i) of the NDPS Act which is punishable with imprisonment for a term which may extend to five years. Learned counsel for the petitioner submits that since the offence is punishable for a term of imprisonment which may extend to five years, the...
Assistant Depot Superintendent, Food Corporation of India and anr. Vs. ...
Court: Orissa
Decided on: May-08-1996
Reported in: 1997ACJ1197
P.C. Naik, J.1. Whether a workman, who received injuries in an accident arising out of and during the course of his employment but is retained in service and paid the same salary as he was drawing prior to the accident, is entitled to compensation and whether, in the absence of assessment of loss of earning capacity by a qualified medical practitioner, the Commissioner can determine the loss of earning capacity and award compensation are the moot questions which arise for consideration in this appeal.2. Brief facts giving rise to this appeal are that on 27.7.1985 the claimant (respondent herein) who was a workman in the employment of the appellants sustained injuries during the course of his employment. The circumstances under which he was injured need not be narrated since the accident is not disputed by the employer (appellants herein). The employer denied its liability on the ground that as the claimant continues in its employment and is drawing the same salary which he was getting ...
Uttam Sahoo Vs. Chairman, Orissa State Electricity Board of anr.
Court: Orissa
Decided on: May-06-1996
Reported in: 1996(II)OLR99
A. Pasayat, J.1. Batakrushna Sahoo alias Krushna Chandra Sahoo (hereinafter referred to as 'the deceased') having lost his life by electrocution on 9-10-1995, this writ petition has been filed by his widow for a direction to the Orissa State Electricity Board (for short, 'the Board') to pay compensation of Rs. 3,50,000/-.2. Back ground facts as projected by the petitioner, filtering out unnecessary details are as follows :Deceased came from a remote village to Cuttack City to earn his livelihood and was plying rickshaw in the city. At about 10 a. m. on the fateul day. while he was sitting on his rickshaw near Nuapada Market Complex along with two other rickshaw pullers waiting for passengers, a live 33 KV. electric wire fell down on them being disconnected from the main line. It fell down on the deceased .and two others who breathed their last due to electrocution. The matter was immediately reported at Madhupatna Police Station and P. S. Case No. 306 dated 9-10-1995 was registered, an...
Gouri Sankar Dhar Vs. Government of Orissa and ors.
Court: Orissa
Decided on: May-03-1996
Reported in: (1999)IIILLJ1212Ori
Pasayat, J.1. Petitioner calls in question legality of order passed by the Government of Orissa in the Labour and Employment Department, refusing to refer a purported dispute for adjudication by the appropriate adjudicating forum by impugned order dated December 8, 1995 (Annexure-6).2. The facts giving rise to the application essentially are as follows:Questioning correctness of the order of retrenchment as passed by the Bargarh Regional Co-operative Marketing Society Limited (in short, 'the Society'), petitioner moved the District Labour Officer-cum-Conciliation Officer, Bargarh. He took the stand that his retrenchment was not in accordance with law. A failure report was submitted by the Conciliation Officer. On consideration of the report, the State Government by the impugned order refused to make a reference.While exercising power under Section 12(5) of the Industrial Disputes Act, 1947 (in short 'the Act') refusal was made on the following ground as contained in the impugned order....
Tanuja Kumar Rout and ors. Vs. District Panchayat Officer and ors.
Court: Orissa
Decided on: May-03-1996
Reported in: 1996(I)OLR575
P.K. Mohanty, J. 1. The petitioners assail the selection and appointment of opp. party No, 4 in the post of Secretary, Choramara Grama Panchayat inter alia, on the ground of gross violation of the rules of natural jutice, fair-play and procedural Irregularities.2. The short fact of the petitioners' case is that on constitution of a new Gram Panchayat namly Choramara Gram Panchayat, one Laxmidhar Rout was elected as its Sarpanch. The Sarpanch with a view to appoint his son as the Secretary of the Grama Panchayat invited applications for the post of new Secretary of the Gram Panchayat, without a valid resolution of the Gram Panchayat and without giving due publicity to the advertisement for the post. Even a Selection Committee was constituted without the knowledge of Gram Panchavat members and resolution of the Gram Panchayat and procedures under the Rules were deliberately not followed. The petitioners along with others including opp. party No. 4 were applicants for the post.It is the p...
Ashok Kumar Mohapatra Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-03-1996
Reported in: 1997CriLJ109
P.K. Mohanty, J.1. The writ petitioner has approached this Court for a writ of mendamus directing the Crime Branch to investigate into the allegations in the F.I.R. lodged by the petitioner in Kendrapara Police Station and for a direction to the opposite parties, the State Government and its officials to make payment of adequate compensation for their inaction to protect the life and property of the petitioner and his family members etc.2. The petitioner is a resident of village Nagapur within P. S. and district Kendrapara, where he has his parental residential house and landed properties etc. The family of the petitioner have their own family Deity namely Sri Radhe Mohan Jee Thakur and his ancestor Bansidhar Mohapatra, who owned considerable landed property, set apart some land out of his own personal property in favour of the Deity. Some of the villagers brought O.A. No. 11 -5 of 1974 under Section 41 of the Orissa Hindu Religious Endowments Act before the Additional Assistant Commis...
Balbir Singh Vs. State of Orissa
Court: Orissa
Decided on: May-02-1996
Reported in: 1996CriLJ3068
ORDERP.K. Misra1. This is an application under Section 439 of the Code of Criminal Procedure for releasing the petitioner on bail. The petitioner is accused of having committed offences under Section 20(b) of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the 'N.D.P.S. Act') and Section 47(a) of the Bihar & Orissa Excise Act.2. It is alleged that the petitioner is the owner of a Maruti Van bearing registration No. OAS 7405 and the co-accused Sukant Kumar Biswal is the Driver. The Sub-Inspector of police of Bargarh Police Station while on patrol duty, on 21 -8-1995 at about 9 p.m. received reliable information that a Maruti Van bearing number OAS 7405 was coming from Sohella side on N.H. 6 carrying Ganja and country liquor. On receiving this information, the Sub-Inspector along with other police staff proceeded towards Sohella side. At about 10.30 p.m., the Maruti Van was coming from Sohella side in high speed and did not stop in spite of signal given by th...
Rama Chandra Naik Vs. State of Orissa
Court: Orissa
Decided on: May-01-1996
Reported in: 1996(I)OLR568
ORDER1. The petitioner is in custody in connection with S. T. Case No. 250/95 in the Court of the Sessions Judge, Sambalpur. It is alleged that he has committed an offence under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter) referred to as the 'NDPS Act').2. The petitioner had filed an application before the Sessions Court which was rejected by the Additional Sessions Judge-cum-Special Judge (Vigilance) by order dated 29-3-1996. The relevant portion of the order passed by the Additional Sessions Judge is as follows :'In obedience to a Full Bench decision of Hon'ble High Court of Orissa that Section 37 of the NDPS Act stands as a bar for releasing the person accused of an offence under Section 20(b)(i) NDPS Act, i feel it is beyond the jurisdiction of this Court to consider the bail matter of the accused in face of the prohibition sounded by the Hon'ble High Court of Orissa. In the circumstances, the application for bail is rejected.......'The under...
Hrusikesh Jena and anr. Vs. State of Orissa
Court: Orissa
Decided on: May-01-1996
Reported in: 1996(I)OLR570
ORDERP.K. Misra, J. 1. The petitioners who have been implicated in Cuttack Sadar P. S. Case No. 62 of 1991 corresponding to G. R. Case No. 331 of 1991 under Section 436/34, Indian Penal Code, in the file of the Judicial Magistrate First Class, Cuttack,. have filed this application under Section 438 of the Code of Criminal Procedure (hereinafter referred to as the 'Code').2. The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated end should be released on bail in exercise of power under Section 438 of the Code. Alteratively, he has submitted that the petitioners may be permitted to surrender before the Sessions Judge as the case is exclusively triable by the Court of Session and as such, the Judicial Magistrate First Class has no power to deal with the application for bail of the petitioners.3. The incident is of the year 1991 and about five years have elapsed in the meantime. The petitioners have not been taken into custody as yet. As suc...
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