Orissa Court July 1996 Judgments
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Orissa Municipal Employees Federation Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-25-1996
Reported in: 82(1996)CLT380; (1997)IIILLJ1084Ori; 1996(II)OLR384
Dipak Misra, J. 1. Defensibility of the order passed by the Deputy Secretary to Government in the Department of Labour & Employment by Office Memorandum dated March 4, 1995 (Annexure-1) declining to refer the disputes alleged to have arisen between the Director, Municipal Administration, Orissa and All Executive Officers and Chairman of Municipalities and Notified Area Councils of the State and their workmen in exercise of powers conferred by Sub-section (5) of Section 12 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') is called in question by the petitioner-Orissa Municipal Employees Federation in the present writ application under Articles 226 and 227 of the Constitution of India. 2. The factual scenario as depicted by the petitioner is as follows :The Federation raised charter of demand before the Conciliation Officer-Assistant Labour Commissioner for adjudication. The said authority entered into conciliation and upon conciliation submitted his failure re...
Md. Naimatullah Habibi and ors. Vs. Sogra Bibi and anr.
Court: Orissa
Decided on: Jul-25-1996
Reported in: 1997CriLJ706; 1996(II)OLR307
R.K. Dash, J. 1. The petitioners, accused in complaint case No. 52 of 1993 by filing this case Under Section 482, Cr PC have invoked the inherent juisdiction of the Court to quash the order of the learned SDJM, Sadar, Cuttack whereby he has taken cognizance of the offence Under Sections 313, 354, 376 and 506 read with Section 34, IPC.2. The opp. party-complainant filed the aforesaid complaint alleging inter alia, that she being a divorcee came to Cuttack in search of a job to earn a living since her parents due to impecuniocity were unable to maintain her. Petitioner No. 1 originally belonged to Dhamnagar to which place the complainant-opp. party belongs. But after marriage he has been staying in his in-law's house at Cuttack and doing tax practice. Being in need of a maid-servant to attend to domestic works, he engaged the complainant-opp. party on a monthly remuneration of Rs. 100/-, besides boarding and lodging. His wife has taken up a job in the Agro-Industries Department at Bhuban...
Prakash Chandra Kuanr Vs. Secretary, Board of Secondary Education and ...
Court: Orissa
Decided on: Jul-25-1996
Reported in: 82(1996)CLT783; 1996(II)OLR268
R.K. Patra, J.1. The petitioner in this application under Article 226 of the Constitution of India seeks to assail the notification dated 22-7-1995 cancelling his result of the Annual High School Certificate Examination, 1995 at Annexure-3 and letter dated 24-7-1995 cancelling his marks at Annexure-4.2. Petitioner's case is that after passing 7th class examination in the year 1992, he took admission in Class VIII (Madhyama First Year) in Sri Raghunath Jew Bidya Niketan, Charbatia and prosecuted his studies up to Class X(Madhyama 3rd year) when he obtained his school leaving certificate. Thereafter he took admission in Class X in G. C. High School. Anuri and continued his studies. After completing his 10th class course in the said High School, he applied to sit in the Annual High School Certificate Examination, 1995. The Board of Secondary Education on being satisfied that his application was in order permitted him to take the examination and issued admit card bearing Roll Number 27 AB ...
Tapasya Behera and anr. Vs. Padma Charan Behera
Court: Orissa
Decided on: Jul-25-1996
Reported in: 1996(II)OLR337
R.K. Dash, J. 1. This petition Under Section 482, Cr PC is filed invoking inherent power of the Court to quash the order of the learned Executive Magistrate passed in Misc. Case No. 41 of 1990 converting the proceeding Under Section 144. Cr PC to one Under Section 145 and subsequent order declaring the possession of the opposite party (first party in the Court below) in respect of the land in question.2. The disputed land appertains to plot No. 531 under Khata No. 61 of mouza Dangulu, P. S. Sadar, District Phulbani. On an application being filed by the opp. party that there was likelihood of commission of breach of peace concerning the disputed land, learned Subdivisional Magistrate, Kondhamal, Phulbani, initiated a proceeding Under Section 144, Cr PC on 25-7-1990 and restrained both the parties to enter upon the said land. In response to the notice the petitioners entered appearance and filed their show-cause. Since both parties independently advanced claim of possession, which requir...
Prafulla Chandra Ghadei Vs. Union of Republic of India
Court: Orissa
Decided on: Jul-24-1996
Reported in: 1997CriLJ201
ORDERP.K. Misra, J.1. In this application for bail under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), an important question of law pertaining to jurisdiction is raised.2. The petitioner has been arrested in connection with S.P.E. case No. 44/94. His earliar application for bail numbered as Criminal Misc. Case No. 1715 of-1996 was disposed of with an observation that it .would be open to the petitioner to move for bail afresh before the appropriate authority after substantial progress had been made in the investigation. Thereafter, the petitioner filed an application before the Additional Chief Judicial Magistrate, Bhubaneshwar. The said application have been rejected, the petitioner filed an application before the 2nd Additional Sessions Judge, Bhubaneswar. During hearing of the aforesaid bail application, the question of territorial jurisdiction of the 2nd Additional Sessions Judge, Bhubaneswar, to entertain the bail application was rais...
Prasanjeet Basu Mallick Vs. State of Orissa
Court: Orissa
Decided on: Jul-24-1996
Reported in: 1997CriLJ902
ORDERP.K. Misra, J. 1. This is an application under Section 459 of the Code of Criminal Procedure (hereinafter referred to as the 'Cr. P.C.').2. The petitioner is in jail custody since 7-5-1992 on the allegation that he has committed offence Under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'N.D.P.S. Act'). It is alleged that the petitioner along with another accused person was found in possession of brown sugar.The petitioner had earlier filed Crl. Misc. Case No. 3404 of 1995 which was withdrawn by the petitioner for the purpose of filing another application before the trial Court on the ground of contravention of Section 167(2), Proviso, of the Cr .P.C. The subsequent bail petition of the petitioner having been rejected by the Addl. Sessions Judge on I -2-19%.. the petitioner filed Cri. Misc. Case No. 813 of 1996. The said application was dismissed on technical ground as wrong case number had been indicated and thereafter the present b...
Bholanath Majhi Vs. Government of Orissa and anr.
Court: Orissa
Decided on: Jul-22-1996
Reported in: (1999)IIILLJ1378Ori; 1996(II)OLR316
A. Pasayat, J.1. The sole point that arises for consideration in this writ application is whether State Government was justified in refusing to refer a dispute for adjudication by the Industrial Tribunal on the ground that petitioner lacked requisite qualification for being entitled to promotion and therefore no industrial dispute existed. Action was taken in purported exercise of powers under Section 12(5) of the Industrial Disputes Act, 1947 (in short the 'Act').2. Petitioner lodged a grievance that though he was entitled to be promoted, the Executive Engineer, Jeypore Electrical Division, Jeypore (opp. party No. 2) illegally kept him out of zone of consideration. The Concilition Officer-cum-Asst. Labour Officer, Jeypore submitted a failure report under Section 12(4) of the Act. On consideration of the same, State in Labour and Employment Department, by the impugned office memorandum dated January 12, 1995 (Annexure-2) refused to refer the matter for adjudication on the ground that n...
Nityananda Satpathy and ors. Vs. Member, Board of Revenue and ors. Overruled
Court: Orissa
Decided on: Jul-22-1996
Reported in: 1996(II)OLR262
R.K. Patra, J.1. In this application under Arts. 225 and 227 of the Constitution, the petitioners seek quashing of the proceedings in O. E. A. Revision Case No. 15 of 1989 at Annexure-1 and the final order dated 1-1-1992 at Annexure-4 passed by the Member, Board of Revenue, Orissa (opp. party No. i)error.2. The case of the petitioners is that the ex-intermediaries of Paikapada Maj estate under Touzi No. 268 in the district of Puri were owners in khas possession of lands measuring Ac. 659.37 decimals under khata No. 23, in mouza Gadabangoro and Ac. 167.10 decimals under khata No. 153 in mouza-Badagaon. The estate came to vest in the State Government on 25-8-1953. The then Deputy Collector, Puri in O. E. A. Case No. 8/43-54 illegally restrained the ex-intermediaries from felling and removing casuarina trees from the disputed lands and transferred the same to the Divisional Forest Officer, Puri Division, Khurda for management during the pendency of the aforesaid case. On 10-8-1957 the cas...
Tripty Drinks Private Ltd. Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Jul-19-1996
Reported in: 1996(II)OLR311; [2003]133STC184(Orissa)
A. Pasayat, J.1. Petitioner calls in question legality of order passed by the Assistant Commissioner of Sales Tax, Cuttack-II Range, Cuttack, purportedly under Section 23(4)(a) of the Orissa Sales Tax Act, 1947 (in short, 'the Act') read with Rule 80 of the Orissa Sales Tax Rules, 1947 (in short, 'the Rules'). By the impugned order, a combined order of assessment dated September 5, 1994, made by the Sales Tax Officer, Cuttack-II Circle, Cuttack, for the assessment years 1984-85 to 1998-91 were set aside, and direction was given for raising fresh demand for the said periods. Originally, assessments were made under Section 12(4) of the Act causing extra demands of tax. Petitioners questioned correctness of those orders of assessment before this Court in O.J.C. Nos. 1694 of 1986, 329 of 1987, 3772-3773 and 96 of 1988, 314 of 1990, 305 of 1991 and 2061 of 1992. Said writ applications were disposed of observing that no definite finding was recorded to show as to how transactions which were ...
Manas Kumar Chand and ors. Vs. Secretary, Education and Youth Services ...
Court: Orissa
Decided on: Jul-18-1996
Reported in: 82(1996)CLT309; 1996(II)OLR173
Dipak Misra, J.1. By the time the grief-stricken, job-hungry, anxious for sustenance and believers in the majesty of law, felt that their real and unfortunate odyssey was over, the authorities and benefit-conferring agencies have made them realise the journey to the unseen and unexplored has just begun. To counter such an ingenious method by the opposite parties the petitioners have moved this Court for initiation of contempt because that is the last resource of hope to unveil and uncurtain the factual matrix, and discern in proper perspective whether the commands of this Court are carried out as directed, or there are skilful efforts and adroit attempts to nullify the order of this Court under some guise or other.2. The case in hand has a sad history. Sripati B. Ed. Training College, Nalagaja was established in January, 1981 in the district of Mayurbhanj to impart B. Ed. training. The institution was continuously being given concurrence till the year 1986-87, but was refused beyond th...
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