Orissa Court September 1996 Judgments
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Arabinda Panda Vs. State of Orissa
Court: Orissa
Decided on: Sep-12-1996
Reported in: 1997CriLJ915; 1996(II)OLR541
P.K. Mohanty, J.1. This is a petition under Section 401. read with Section 482 of the Code of Criminal Procedure by the accused, petitioner against the order dated 13-2-1995 passed by the learned Special Judge, Keonjhar in framing the charges against the petitioner under Section 4 of the Orissa Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called as 'the Act').2. The prosecution case in brief is that on an FIR being lodged by one Hamira Soren, a case under Section 384, IPC was registered against one Keshab Patra and Padmalochan Shah on the allegation that the informant who is a beneficiary of the Million Well Scheme was not allowed to dig well and whereas the aforesaid two accused persons forced the informant to sign on five pieces of blank papers in the month of March, 1993 despite his refusal to do so on the threat of Bhujali. Thereafter, the informant was asked by the Block Office to complete the digging of well failing which he will be liab...
Andhari Naik and anr. Vs. State of Orissa
Court: Orissa
Decided on: Sep-12-1996
Reported in: 1997CriLJ1346
P.K. Misra, J.1. The two appellants have been convicted under Section 302/34, Indian Penal Code, and sentenced to undergo imprisonment for life for having voluntarily caused the death of one Nakula Naik. The appellants are also convicted under Sections 307/34, Indian Penal Code, and sentenced to undergo R.I. for three years and to pay a fine of Rs. 300/-, in default, to undergo further R.I. for three months, for having attempted to commit the death of Katua Naik.2. Deceased Nakula Naik was the brother of informant Katua Naik. On 24-6-1990 their brother Arjuna Naik expired. The two appellants who are agnatic relations of the informant had accompanied the dead body to the burial ground for cremation. After returning, the appellants questioned Nakula Naik (deceased) as to why oil had not been arranged at the time of taking bath after cremation. On this ground there was exchange of hot words between Nakula Naik and the appellants. Immediately thereafter, appellant No. 1 Andhari Naik brough...
Sitam Seshanka Vs. Principal, College Pharmaceutical Sciences and anr.
Court: Orissa
Decided on: Sep-11-1996
Reported in: AIR1997Ori62; 82(1996)CLT596
Misra, J. AjnanatimirendhesyaJnenenjana salakaya.Cakeurnmilitam YenaTasmai Srigurave Namah.1. 'Shastras' put the 'Guru' on a pedestal making him equivalent to God and treat him as one who enlightens, illumines, guides, paves the path of light, unfolds the bright horizon amidst the encircling gloom, expands his sura enigmatically reaching the true follower, and he is also the one who transfer his sense of originallity, duty of accountability and progressive creativity to the dutious decipleleaving his lively foot-prints on the sands of time. In turn, the deciple follows him with reverence, acts in veneration and obeys with abeicance.2. In the case at hand there has been perverse manifestation to the contrary by the opposite party No. 1, the Principal of the College of Pharmaceutical Science, Berham-pur at Mohude. Instead of showing guidence to the petitioner to put a step forward in real light, he kept him in complete darkness to mar his cereer and destroy his energy, defeat his youth ...
Management of Gandhamardan Bauxite Project of Balco Vs. P.O., Industri ...
Court: Orissa
Decided on: Sep-11-1996
Reported in: [1996(74)FLR2360]; (1999)IIILLJ8Ori
Susanta Chatterji, J.1. The present writ petition is at the instance of a company registered under the Companies Act, carrying on business in the name and style of Bharat Aluminium Company Limited (for short BALCO), a Government of India enterprise. The Gandhamardan Bauxite Project at Paikmal in the district of Bargarh is a unit of BALCO. The petitioner challenges the award dated December 26, 1994 passed by the Presiding Officer. Industrial Tribunal, Bhubaneswar in Industrial Dispute Case No. 1 of 1988(Central) published in the Gazette of India dated February 25, 1995, copy whereof is Annexure-1.2. By the impugned award, the Industrial Tribunal has ultimately concluded to the effect that termination of services of the workman, opposite party No. 2 is an act of illegal retrenchment and it is not justified for which the workman is entitled to back wages for the entire period from the date of retrenchment till the date the matter relating to retrenchment is lawfully regularised or until h...
Smt. Urmila Beura Vs. Director, Higher Education and Three ors.
Court: Orissa
Decided on: Sep-11-1996
Reported in: 1997(II)OLR263
D. M. Patnaik, J.1. The petitioner invokes the extraordinary jurisdiction of this Court under-Article 226 of the Constitution of India.to quash the appointment of opposite party No.4 to the post of Lecturer in Education in the Bhadrak Women's College. Petitioner's case is as follows :2. The Principal-cum-Secretary of the Bhadrak Women's College invited applications to fill up the aforesaid post from among lady candidates, the last date for receiving applications being 16.8.1993 (vide Annexure-1). The petitioner and opposite party No.4 along with others applied for the post in due lime and faced interview on 19.12.1993 at 11.00 A.M. The Selection Committee placed opposite party No.4 in the first position and the petitioner in the second position. The selection and appointment of opposite party No.4 are challenged on two grounds, firstly, that she did not have the requisite qualification of Master's Degree in Education as on the last day of application and secondly, the appointment was b...
Prafulla Chandra Ghadei Vs. Union Republic of India
Court: Orissa
Decided on: Sep-11-1996
Reported in: 1996(II)OLR400
P.K. Misra, J. 1. In this application Under Section 401 read with Section 432 of the Code of Criminal Procedure (hereinafter referred to as the 'Code'), the petitioner has sought for modification of conditions of bail imposed by the Second Additional Sessions Judge, Bhubaneswar. 2. Petitioner was arrested in connection with S. P. E. Case No. 44/94(1). His application for bail was allowed by the Second Additional Sessions Judge, Bhubaneswar, by order dated 31-7-1996 in Criminal Misc. Case No. 427 of 1996. While enlarging the petitioner on bail, the aforesaid Court imposed, inter alia, the following condition: '1. He shall not leave Bhubaneswar Sub-Division without obtaining prior permission from the Court below till completion of the investigation and submission of the final form.' Subsequently, the petitioner filed an application Under Section 439(1)(b) of the Code before the said Court for modifying the first condition as indicated above. Relying upon the decision of this Court report...
Jayakrushna Parida Vs. State of Orissa
Court: Orissa
Decided on: Sep-11-1996
Reported in: 83(1997)CLT257; 1997CriLJ2179
C.R. Pal, J.1. This appeal is directed against the order of conviction and sentence dated 28-7-1993 passed by the learned 1st Addl. Sessions Judge, Puri in Sessions Trial Case No. 36/ 128 of 1992 wherein the appellant has been convicted and sentenced under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act') to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- (rupees one lakh), in default, to undergo rigorous imprisonment for a further period of two years and under Section 20(b)(1) of the Act to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 10,000/- (rupees ten thousand), in default, to undergo rigorous imprisonment for a further period of one year. The sentences were to run concurrently.2. The case against the appellant is that on 24-10-1991 the S.I. of Police, Kakatpur (P.W.9) receiving information about the selling of Opium and Ganja at Kundhei Hat proceeded to Kundhei Hat along...
Rishi Dev Batra Vs. Union of India (Uoi)
Court: Orissa
Decided on: Sep-09-1996
Reported in: AIR1997Ori74
P.C. Naik, J.1. The award of interest for the pre-reference period having been set aside by the Subordinate Judge, Bhubaneswar in O. S. No. 227 of 1990, the plaintiff-contractor has filed this appeal under Section 39(1)(iii) of the Arbitration Act, 1940.2. The facts giving rise to this appeal are that the appellant, a building contractor, entered into an agreement No. 77/EE/BCD/ 77-78 with the Union of India through the Executive Engineer, C. P. W. D., Central Division, Bhubaneswar for construction of operational wall of Civil Aerodrome Bhubaneswar. Dispute having arisen between the parties, the matter was referred to the Arbitrator for arbitration in terms of Clause 25 of the agreement. According to the terms of the agreement, the Chief Engineer (Eastern Zone), C. P. W. D. had initially appointed Shri N. Krishna Murthy as the sole Arbitrator on 4-11-1981 to resolve the dispute between the parties. Due to various reasons, Arbitrators were changed from time to time and ultimately Shri C...
Madhubrata Mohapatra and ors. Vs. Utkal University and ors.
Court: Orissa
Decided on: Sep-09-1996
Reported in: 1996(II)OLR525
R.K. Patra, J.1. This petition under Article 226 of the Constitution recounts a tale of misery and distress suffered by a group of hapless ladies at the hands of the University authorities.2. The petitioners are twenty-eight in number who are all lady graduates. The Controller of Examinations of the Utkal University issued notification dated 17-10-1992 inviting applications in the prescribed form from the non-collegiate (private) candidates eligible for admission to different examinations of the Utkal University for the year 1993. The petitioners being desirous to appear at the M. A. (Sociology Part I) Examination applied to the concerned authority in due time. Although they were eligible to appear at the said examination being possessed of the requisite eligibility qualifications, the opp. parties 1 and 2 refused to accept their applications. Finding no other alternative, they approached this Court by filing a writ petition (OJC No. 3305 of 1993) praying for a direction to the opposit...
B.B. Enterprises Vs. Octroi Collector, Cuttack Municipal Corporation a ...
Court: Orissa
Decided on: Sep-09-1996
Reported in: 83(1997)CLT83; 1996(II)OLR636
Dipak Miisra, J. 1. Occasions arise in course of adjudication of litigation when a feeling dominates that the facts are hidden in the steep dark sea and efforts are to be made to dive into the whirlpool and undrape the perplexity to arrive at the truth through the agencies which are normally not taken resort to. Such investigation may be at times, eventually makes one feel the whole exercise in much ado about nothing, but nonetheless the exercise has to be taken for the simple reason revelation of truth is an essential part of our adjudicational functioning. The protagonists who face the necessary, may be, embarrassing investigations are not to harbour the feeling of laesa majestas--but are required to co-operate for final unfolding--the real catharsis.2. Here is the backdrop. The present case, filed by tons M/s. B. P. Enterprises has a simple prayer, seeking a declaration that no octroi is payable in respect of goods not intended for consumption, use or sale within the Cuttack Municip...
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