Orissa Court September 1997 Judgments
Md. Mustaque Ahmed Vs. Managing Committee, Urdu High School and ors.
Court: Orissa
Decided on: Sep-30-1997
Reported in: 1997(II)OLR410
P.K. Tripathy, J.1. The petitioner in this case inter alia challenges the order of his termination/dismissal as per Annexure-12 and also the order of the Education Tribunal dt. 29.3.1993 in Appeal No. 15 of 1989 as unreasonable and illegal.2. In a nut shell, the relevant facts constituting the petitioner's case is that he was appointed as Head Maulabi in Urdu High School, Rourkela, a private recognised High School receiving grant-in-aid from the Government, vide the Appointment letter dt. 25.9.1973, i.e. Annexure-I. He continued to hold the post till the end of Summer Vacation, 1986 and after reopening on 5.7.1986 when the petitioner went to the School, the Headmaster of the School did not permit him to sign in the Attendance register and on such persuasion by the petitioner, the said Headmaster supplied him a copy of Annexure-12 i.e. a letter from the Secretary of the Managing Committee i.e. opp. party No. 1, in which it is indicated that the service of the petitioner was terminated w...
Tag this Judgment!Bhaskar Textile Mills Represented Through Its General Manager Vs. Comm ...
Court: Orissa
Decided on: Sep-30-1997
Reported in: 1997(II)OLR420
P.C. Naik, J. 1. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing the order dated 26.2.1992 (Annexure-1) passed by Opp. Party No. 2 attaching the Bank Account of the Petitioner company towards payment of arrear taxes of the erstwhile Bhaskar Textile Mills.2. The Bhaskar Textile Mills was a private industry, which on account of mis-management had to be closed down. In order to reopen the mill and for rehabilitation of the workers, the State Legislature enacted Bhaskar Textile Mills (Acquisition and Transfer) Act, 1986 (Act 4 of 1988) hereinafter referred to as 'The Acquisition Act' providing for acquisition and transfer of the Bhaskar Textile Mills Ltd., Jharsuguda. This Act received the assent of the President on 7th March 1986 and, by virtue of Sub-section (2) of Section 1, came into effect retrospectively from 13th August, 1985. Sub-section (1) of Section 3 of the Act provides for right of the owner in respect of the tex...
Tag this Judgment!Sasmita Palei Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-30-1997
Reported in: 1997(II)OLR441
R.K. Patra, J.1. The petitioner having been denied admission to the 1st year Diploma in Engineering under sports quota has filed this application praying for appropriate relief.2. The petitioner passed High School Certificate Examination in the first division in April, 1993, The State Government in the appropriate department have been extending concession in the matter of admission to different educational institutions to the persons participating in sports. The case of the petitioner is that she represented Orissa State team in the VIth National (Senior) ATYA PATYA Championship held in New Delhi in July, 1994. She accordingly applied for admission in 1st Year Diploma in Engineering during the Session 1994-95 under the sports quota, she was wrongly not selected from the sports quota. Being aggrieved by such refusal, the petitioner along with one Ritan Kumar Pradhan filed a writ application bearing O.J.C. 6354 of 1994. This Court without going into the merit of the case, by order dated ...
Tag this Judgment!Brundaban Patra Vs. the New India Assurance Co. Ltd., Through Its Bran ...
Court: Orissa
Decided on: Sep-30-1997
Reported in: 1997(II)OLR538
Pradipta Ray, J. 1. In pursuance of order dated April 30, 1997, Mr. M. Sinha, learned Advocate appeared on behalf of the Respondent No. 1 at the stage of Admission. Heard Mr. Rath for the appellant and Mr. Sinha for Respondent No. 1.Appellant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the 2nd Motor Accident Claims Tribunal (S.D.), Berhampur and the same was registered as MAC No. 305/91 and renumbered as MAC No. 185/92. Appellant alleged that while he was getting down from the bus, the driver suddenly started the bus, he fell down and suffered injuries on his right hand. He claimed a compensation of Rs. 25,000/- from the respondents.2. The owner Atanu Kumar Behera, respondent No. 2 herein, did not contest the claim. The New India Assurance Company, the insurer, contested the claim and denied its liability on the ground that the vehicle was not covered by a valid insurance and the driver did not have any valid driving licence on the date of accident.3...
Tag this Judgment!Arjun Sethi Vs. L.A. Collector, Cuttack and ors.
Court: Orissa
Decided on: Sep-29-1997
Reported in: AIR1998Ori34; 85(1998)CLT742
1. This Civil Revision is directed against the order dated 26-9-1994 passed by the Civil Judge (Senior Division), First Court, Cuttack, in Execution Case No. 36 of 1991.2. The tacts giving rise to the present Civil Revision are as follows : The petitioner and preferred opposite parties had filed Execution Case No. 36 of 1991 for execution of the decree passed in First Appeal No. 153 of 1979. The land of the decree-holders had been acquired and thereafter the subordinate Judge passed an award on 19-4-1979. As per the provisions of the Land Acquisition Act, the Subordinate Judge had granted interest as well as solatium at the rate of 15 per cent. Against the aforesaid award passed by the subordinate Judge, the Land Acquisition Officer. Cuttack (Judgment-debtor) filed First appeal No. 153 of 1979 in the High Court, which was dismissed by order dated 14-12-1989. While disposing of the appeal, the High Court observed :--'5. During pendency of this appeal, the Act has been amended by Act 68 ...
Tag this Judgment!Sharmila Das Vs. State of Orissa
Court: Orissa
Decided on: Sep-29-1997
Reported in: 85(1998)CLT520; 1997(II)OLR534
Pradipta Ray, J. 1. Petitioner, a lady, has filed an application for grant of Succession Certificate under Section 372 of the Indian Succession Act, 1925. In view of Notification No. SRO 575/94 dated June 7, 1994 issued by the Law Department and published in Extra Ordinary Orissa Gazette on June 10, 1994 she being a woman, was exempted from depositing the sum as it is required to be deposited under Section 379 of the Indian Succession Act (hereinafter referred to as the 'Act'). Subsequently Trial Court reconsidered the order granting exemption and by order dated February 17, 1977 directed the petitioner to deposit the necessary sum holding that the aforesaid Government Notification dated June 7, 1994 does not exempt deposit of a sum as required under Section 379 of the Act. Petitioner has challenged the said judgment and order dated February 17, 1997 in this revision.2. By the Notification dated June 7, 1994 the State Government has remitted in the whole of the State of Orissa all fees...
Tag this Judgment!Parameswar Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-29-1997
Reported in: 86(1998)CLT170; 1997(II)OLR444
R.K. Patra, J. 1. In this application, the petitioner-Parameswar Mohanty prays for quashing of the order passed by the Additional Tahasildar, Balaosre at Annexure-5 by which he has been called upon to show cause as to why action would not be taken against him under Sections 4, 6 and 7 of the Orissa Prevention of Land Encroachment Act, 1972 for unauthorised occupation of Government land (fully described in the notice as an area of 16' x 12' Abada Jagya Anabadi, kissam Gharabari, appertaining to plot No. 173 under Khata No. 247 in mouza Purusottampur).2. The case of the petitioner is that his three sons, Amareswar, Ajiteswar and Aditeswar purchased the land measuring Ac. 0.04 of hal plot No. 135 under hal Khata Nos. 10 and 11, Ac. 0.03 of hal plot No. 136 and Ac. 0.07 of hal plot No. 137, in mauza Samaraipur from one Smt. Pravavati Ghosh by a registered sale-deed dated 17.4.1978 and they have been in possession of the aforesaid land from the date of the execution of the sale-deed in thei...
Tag this Judgment!Kumar Nayak Vs. Estate Officer and ors.
Court: Orissa
Decided on: Sep-25-1997
Reported in: AIR1998Ori22
P.K. Mohanty, J. 1. The aforesaid two writ petitions are by petitioner Kumar Nayak against the opposite parties and involves common question of law and facts and therefore, with the agreement and consent of the learned counsel for the parties are heard and disposed of by this common order. 2. In O. J. C. No. 92 of 1997, the petitioner assails the order rejecting his application for impletion as a party in proceedings under Public Premises (Eviction of unauthorised occupants) Act. 1971 (here in after called 'the Act') in respect of Stall No. 183 in Ispat Market, Rourkela. In O.J.C. No. 7779 of 1997, the petitioner challenges the action of the opposite parties, in particular opp. party No. 5, on the alleged locking up of the said shop, Stall No. 183 thereby paralysing his business establishment. 3. The petitioner claims that he was the occupant of stall No. 183 in Ispat Market. Rourkela since last eight years and was carrying on his business without any interference from any corner. On 1...
Tag this Judgment!Nayan Behari Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-25-1997
Reported in: AIR1998Ori39; 1997(II)OLR406
P.C. Naik, J. 1. The petitioner, a practising advocate of this Court has filed this petition for issuance of an appropriate writ direction or order commanding the opposite parties 2 and 3 to adopt strict measures for restraining use of multitoned horns and other such devices giving an unduly harsh, shrill, loud or alarming noise, by vehicles, in particular, goods vehicles and passenger buses, as such sound devices are creating immense inconvenience to the public at large.2. It is the case of the petitioner that he has got his office-cum-residence situated near the Link Road, a busy area through which private buses and other transport vehicles are plying practically throughout the day and night. On either side of the Link Road, near the Badambadi Square, the O.S.R.T.C. bus-stop and the bus-stop for use of the private bus operators are situated. However, many buses are parked on the side of the road over a long period and more often than not, the engines are kept running and there is ind...
Tag this Judgment!Niranjan Mohapatra and ors. Vs. State of Orissa
Court: Orissa
Decided on: Sep-24-1997
Reported in: 84(1997)CLT902; I(1998)DMC507
D.M. Patnaik, J.1. The above two appeals are heard analogously after are dispsed of by this common judgment.2. In both the above appeals, all the appellants have been convicted under Sections 498A and 304B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and seven years respectively, but appellants in Criminal Appeal No. 221 of 94 have been released on probation under Section 4 of the Probation of Offenders Act.3. The prosecution case in brief is, deceased Renubala @ Ranjita 'married appallant Niranjan sometime during the year 1989 according to the Hindu rites. After marriage while the deceased was staying with her -in-laws, it was alleged by the parents of the deceased that she used to complain of being tortured and ill-treated by the appellants because of non-payment of Rs. 3,000/- being the balance amount of the dowry promised by the father, PW 5 at the time of marriage.4. On 29.12.92 about 1.00 a.m. in the night, PWs 2 and 3 heard a splashing so...
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