Orissa Court September 1996 Judgments
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Jogeswar Majhi Vs. Ramia Kisan @ Lakra and ors.
Court: Orissa
Decided on: Sep-25-1996
Reported in: AIR1997Ori197
Dipak Misra, J.1. In this writ application under Articles 226 and 227 of the Constitution of India the petitioner calls in question the order passed by the Additional District Magistrate, Sundargarh (opposite party No. 2) in Revenue Appeal No. 1 of 1991 under Section 3(3) of Regulation 2/1956 (hereinafter referred to as 'the Regulation') reversing the order passed by the Sub-Collector, Sundargarh in Revenue Misc. Case No. 24 of 1984 whereby the original authority had directed for restoration of possession to the present petitioner.2. The essential facts which are necessary for disposal of the writ application may be stated thus: --The present petitioner, Jogeswar Majhi instituted Revenue Misc. Case No. 24 of 1984 before the Sub-Collector, Sundargarh claiming restoration of possession from one Ramia Kishan @ Lakra, opposite party No. 1, in the present writ application. A show cause was filed by the opposite party therein indicating that he had not purchased the suit land situated at vil...
Banchhanidhi Das Vs. Income-tax Officer and ors.
Court: Orissa
Decided on: Sep-25-1996
Reported in: [1998]229ITR166(Orissa)
Susanta Chatterji, J.1. As suggested and agreed by Mr. B.K. Mohanti, learned counsel appearing for the petitioner, and Chowdhury P.K. Misra, appearing for the Income-tax Department, we take up this matter for final disposal.2. The petitioner, a retired Development Officer of the Life Insurance Corporation of India, Bhadrak, has filed the present writ petition challenging, inter alia, the notice, vide annexure-1 to the writ petition issued under Section 148 of the Income-tax Act. The points of challenge are that the Assessing Officer completed the assessment on October 17, 1988, under Section 143(1) of the Act after accepting the return. On November 25, 1988, however, a notice was issued under Section 154 of the Act and an order was made on January 27, 1989. Being aggrieved by the said order, the petitioner preferred an appeal before the Commissioner of Income-tax (Appeals) who after considering the matter on the merits quashed the order of the assessing authority, vide annexure-4. The ...
Dr. Pratap Chandra Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-25-1996
Reported in: 1996(II)OLR519
ORDER1. Consequent upon surrender of P. G. (Medical) seats of the central quota by the Central Government to the State Government, a number of writ petitions (which have been disposed of today) were filed in this Court by different candidates praying for a direction to the State Government and its officials to make those seats available to them on the basis of their merit position after holding counselling. On. 3-5-1996 when some of the writ petitions came up for consideration, this Court (vide order No. 6 dated 3-5-1996 in OJC No. 3580 of 1995) observed that writ petitions filed for the self-same relief after 2-5-1996 will not be entertained. On 17-8-1996 (vide order No. 4 dated 17-5-1996 in OJC No. 776 of 1996) we directed the election Committee to hold counselling of the concerned petitioners and submit the result thereof on the next date of hearing (25-6-1996). It was made? clear by that order that the counselling would be without prejudice to the rights and contentions of the oppo...
Dr. Pratap Chandra Mohanty and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-25-1996
Reported in: 1996(II)OLR440
R.K. Patra, J. 1. The controversy in all the aforesaid writ petitions is with regard to filling up of 14 Post Graduate (Medical) seats of the All India (Central) quota (hereinafter referred to as 'the Central quota') surrendered by the Government of India to the State Government. The seats are of the year 1995 and are available in the three Government Medical Colleges of the State.2. In May, 1995, applications in the prescribed forms were invited for selection of candidates for Post Graduate Courses in the three Government Medical Colleges of the State. The selection was conducted by the P. G. Selection Committee. As per Clause 5,1 of the Prospectus, 184 seats (91 seats for direct candidates and 93 seats for in-service candidates) were available under the 'State quota'. 25 per cent of the total P. G. se3ts were to be filled up by candidates selected on All India basis which is called 'Central quota' as per Clause 5. 2 of the prospectus, Some candidates filed a writ petition (Civil) No....
Balaji Sahu Vs. State
Court: Orissa
Decided on: Sep-24-1996
Reported in: 84(1997)CLT357; 1997CriLJ2843; 1997(I)OLR71
Dipak Misra, J. 1.Gone are the days of yore when an Emperor like Babar, at the cost of his life prayed for an ailing son ; vanished are the days of old when an obedient son like Rama chose his way to the forest sacrificing the royal throne and disappeared is the era when a casabianca stood imbedded on the burning dock in honour of his father's command. Here is an unfortunate case where the father and the brother, succumbing to their inferior endowments from nature, arrived at the police station and lodged a written report (Ext. 2) complaining about the drug addiction as well as the clandestine drug business of the appellant. In promptitude a station diary entry was made to that effect and information was sent to the Town Inspector. Raiding party inclusive of independent witnesses went to the houses of the Informant where the aappellant resided and recovered from hit custody three small packets containing 1350 ml. grams of heroin and another small packet containing 1150 ml. grams 'Ganja...
Ghasiram Lakra Vs. State of Orissa
Court: Orissa
Decided on: Sep-23-1996
Reported in: 1997CriLJ939
Dipak Misra, J.1. In this appeal from Jail Ghasiram Lakra (here in after referred to as 'the accused') calls in question the legality of his conviction for the offence punishable under Section 304, Part I of the Indian Penal Code, 1860 (in short 'I.P.C.') and the sentence of imprisonment for ten years as awarded by the learned Additional Sessions Judge, Rourkela, in S.T. Case No. 153/ 39 of 1992.2. The prosecution version as depicted during trial is as follows :-On 29-4-92 at about 8.45 p.m. a telephonic message was received at Biramitrapur Police Station from the Octroi check-gate located at Talsara intimating that a man having been assaulted was lying senseless near the check-gate. The fact was entered in the Station Diary vide S.D. Entry No. 602 (Ext.23) and the Sub-Inspector (P.W.16) along with some other Police Officials immediately rushed to the spot. At the spot, the wife of the ,deceased (P. W. 12) reported the matter to the Sub-Inspector. As per her version, the deceased was i...
Krushna Panda Vs. Smt. Godabari Alias Sundari Panda and ors.
Court: Orissa
Decided on: Sep-20-1996
Reported in: 83(1997)CLT116; 1997(I)OLR60
Dipak Misra, J.1. Challenge is with regard to the order passed by the Commissioner of Consolidation the revisional authority under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the Act) reversing the orders passed by the original and the appellate authority namely, the Consolidation Officer and the Deputy Director by the present writ petitioner2. The facts which emerge from the averments in the writ application are that one Sagar Panda was the common ancestor and after his death, his two sons Nidhi and Chakradhar became the owners in possession over the disputed properties, appertaining to C. S. Plot Nos. 1087, 1784, 1703, 2057, 2092, 2565, 2094 and 1734. They were amicably separated and there wars severance of status. Chakradhar died issueless leaving behind his wife Saria. Nidhi died leaving his son Bansi. Sundari is the only survivor from Bansi's branch. Chakradhar had expired prior to 1928, and as there was alread...
Smt. Bandita Dash Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-20-1996
Reported in: 83(1997)CLT700; 1997(II)OLR241
R.K. Patra, J. 1. Is the petitioner entitled to the revised U.G.C. pay scale in terms of the Government resolutions dated 6.10.1989 and 6.11.1990 at Annexures-4 and 5 This is the core question that comes to the fore for decision in this writ petition. Although the petitioner has made a prayer to declare the cut-off date '1.4.1989' mentioned in the aforesaid Government resolutions ultra vires the Constitution, no argument was advanced on that score at the time of hearing.2. A narration of skeletal facts is necessary for proper appreciation of the controversy raging between the parties.The Selection Board of the Education and Youth Services Department issued advertisement No. 1 of 1989 at Annexure-1 inviting applications for the post of lecturers in aided Colleges'. The advertisement required that the applications should reach the concerned authority for preparation of a list of successful candidates in order of merit for appointment of 135 lecturers in different subjects. Since the case...
Gobinda Chandra Mohapatra Vs. Commissioner of Consolidation and ors.
Court: Orissa
Decided on: Sep-20-1996
Reported in: 1996(II)OLR563
Dipak Misra, J.1. Challenge is with regard to the orders passed by the authorities under the Consolidation of Holdings and Prevention of Fragmentation of Land Act, (hereinafter referred to as 'the Act'), at different stages in the present writ application by the petitioner herein.2. The factual backdrop is that the disputed property measuring Ac. 0. 5 decimals situated on Sabik Plot No. 119 corresponding to L. R. Khata No. 52 Plot No. 119, was the 'Kharida Jamabandi Madha-sstwadhikari i. e. intermediary interest of petitioner's father late Krupasindhu Mohapatra. The said land was settled with the petitioner and his name was recorded in the finally published record-of-rights as per the decision rendered in 0. E. A. Case No. 892 of 1965-66. In the record of right, a note was incorporated to the effect that late Gangadiar Sahoo. husband of opp. party No. 4 has a right of way on the aforesaid land. Challenging the said entry, the petitionsr filed Civil Suit No 92/ 253 of 1931/ 75 (I) for d...
Bishnudas Behera Vs. State of Orissa
Court: Orissa
Decided on: Sep-19-1996
Reported in: 1997(1)ALT(Cri)16; 1997CriLJ2207; 1996(II)OLR614
Dipak Misra, J.1. This appeal is preferred against the judgment of the learned Assistant Sessions Judge, Boudh convicting the appellant for an offence under Section 366, Indian Penal Code (IPC in short) and sentencing him to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 10,000/- in default to undergo further R. I. for one year. There is also a direction that the fine amount realised would be paid to the victim girt under Section 357(1) Cr.PC. 2. Briefly stated, the prosecution case is that on 17-1-1992 at 3 p. m. when the parents of Sanjukta Sahu, PW 4, were absent home, she was found missing from the house. After the parents came they received the information from the younger daughter, end in search of Sanjukta, her father PW 3 went to his father-in-law's house at Daspalla with the help of his brother-in-law,. Ladu Kishore Sahu (PW 6) they came to Madhapur Out-Post, and reported at Adenigarh Out-Post with regard to the elopement of PW 4. The victim girl was re...
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