Orissa Court April 1998 Judgments
Pratusha Vs. Board of Secondary Education, Orissa, Cuttack and ors.
Court: Orissa
Decided on: Apr-16-1998
Reported in: AIR1998Ori149; 1998(II)OLR25
C.R. Pal, J.1. The O.J.C. No. 882 of 1998 and O.J.C. No. 2286 of 1998 are taken up together for disposal as the questions raised in both the petitions are common.2. The facts giving rise to the aforementioned two cases can be briefly stated as follows :--The petitioners of both the writ petitions were prosecuting their study in an English medium school, i.e.,St. Joseph Girls' High School, Cuttack.While reading in Std. VIII they took school leaving certificates and left the school to prosecute their study in vernacular as the medium of education. Both the petitioners applied for admission into correspondence course conducted under the Board of Secondary Education, Orissa (In short, the 'Board') for preparing themselves to appear in the Annual High School Certificate Examination of 1998. The petitioner in O.J.C. No. 882 of 1998 coming to know from the brochure that unless a candidate completes 14 years of age by the 31st day of July, 1997 he/she will not be allowed admission, made a repr...
Tag this Judgment!Smt. Sumati Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-15-1998
Reported in: 86(1998)CLT42; 1998CriLJ3239; 1998(II)OLR50
S.N. Phukan, C.J.1. The writ petitioner is the wife of Sri Harihar Das who is under detention under National Security Act since 30.7.1997. While the detenu was in custody in Special Jail, Boudh since 28.7.1997 in connection with Boudh P.S. Case No. 125 of 1997, he was served with detention order dated 30.7.1997 and grounds of detention dated 3.8.1997. A copy of the detention order passed by the District Magistrate is at Annexure - 1/A.2. By order dated 7.8.1997, the Government of Orissa in Home (Special Section) Department in exercise of powers conferred by Sub-section (4) of Section 3 of the Act approved the detention order made by the District Magistrate, Boudh until further orders. After receiving the report of the National Security Advisory Board, the State Government passed an order dated 20.9.1997 in exercise of powers under Section 12(1) of the Act confirming the detention order and directed that detenu shall continue in detention for twelve months or until further orders.3. Bei...
Tag this Judgment!Kadar Mian Vs. Smt. Jahera Khatun and anr.
Court: Orissa
Decided on: Apr-15-1998
Reported in: 1999CriLJ1440
ORDERP.K. Tripathy, J.1. Heard2. This revision is directed against the order dated 7-5-1997 in Criminal Proceeding No. 458 of 1991 of the Court of Judge, Family Court, Cuttack under Section 125 of the Code of Criminal Procedure, 1973 (in short 'the Code').3. Inter se relationship is, not disputed that petitioner is the husband or opp. party No. 1 and father of opp. party No. 2. Admittedly, parties are Muslim by faith and they are governed by their personal law. Alleging ill-treatment and cruelty against the petitioner and lack of funds to maintain themselves, the opposite parties filed petition Under Section 125 of the Code claiming monthly maintenance of Rs. 300/- and Rs. 200/- respectively for opp. parties 1 and 2. Petitioner denied to the allegations of ill-treatment and cruelty etc. He advanced the case that opposite party No. 1 was never interested to stay in his house and on 3-1-1988, she gave 'KHULA' and left the house of the petitioner. He thus stated that opp. party No. 1 is n...
Tag this Judgment!Kalia Alias Duryodhan Naik Vs. State of Orissa
Court: Orissa
Decided on: Apr-10-1998
Reported in: 86(1998)CLT608; 1998(II)OLR32
S.N. Phukan, C.J.1. This appeal is directed against the judgment and order dated 21.6.1993 passed by the Sessions Judge, Koraput, Jeypore, in Sessions Case No. 180 of 1992, convicting the accused-appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.2. The appellant along with two others, namely, Subarna Naik and Janaki alias Budhia Naik, were sent up for trial for committing offence under Section 302/34, IPC. The learned Sessions Judge, by the impugned judgment, convicted the appellant under Section 302, IPC and acquitted the other two accused persons.3. Briefly stated, the case of the prosecution is that the appellant and the deceased were carrying on timber business jointly. On 19.3.1992, the deceased came to the house of the appellant and demanded money which he had paid in connection with supply of timber. It may be stated that the deceased had paid money for supply of timber and the supplier had delivered the goods in the house of the appellant. The...
Tag this Judgment!State of Orissa Vs. Jagadish Chandra Jena and anr.
Court: Orissa
Decided on: Apr-09-1998
Reported in: 1998CriLJ4771
P.C. Naik, J.1. An order of confiscation passed by the Authorised Officer-cum-Divisional Forest Officer, Baripada Division, Baripada, having been set aside in appeal with a direction to release the vehicle bearing registration number WGB 6909, the State is before us for quashing the same and restoring the order of confiscation.2. The impugned order (Annexure-1) is assailed by the petitioner-State, inter alia, on the ground that it proceeds on an erroneous interpretation of Section 55(2-c) of the Orissa Forest Act, 1972 (in short, 'the Act') and due to failure on the part of the learned District Judge, Balasore to take notice of the material on record. Elaborating the contention, Mr. Jairaj Behera, the learned Additional Government Advocate submitted that the learned District Judge has proceeded on an assumption that the burden to establish the guilt is on the prosecution whereas under Section 56(2-c), it is on the person who has been charged. It is further submitted that the finding th...
Tag this Judgment!Modern Malleables Ltd. and anr. Vs. Grid Corporation of Orissa Ltd. an ...
Court: Orissa
Decided on: Apr-07-1998
Reported in: AIR1998Ori183; 86(1998)CLT338; 1998(II)OLR157
S.N. Phukan, C.J.1. In this writ petition, the petitioners have challenged the rebid notice dated 5-12-1997 inviting tenders.2. Facts of the case, briefly stated, are thus:--The Government of India reccived a loan from the Asian Development Bank (for short, 'ADB') towards the cost of Power Efficiency (Sector) Project. It was intended that a part of the proceeds of such loan would be applied to eligible payments under Contract for Supply of Tower structures and fixtures, power conductor and insulator and hardwares for different transmission line scheme in Orissa. Therefore, notice daied 1-12-1995 (Annexure 1) was issued by the Grid Corporation of Orissa (for short, 'the Gridco'). We are concerned with serial No. 2 of the statement ICE for the present purpose, which runs as follows:--Name of the packageQuantityBid SecurityLast date and time for sale of bidding documentsLast date and time of submission of bid.Power Conductor LOT-1(A) AAAC Moose Lot-1(R)171 KMs.Rs. 16,11,260/- or E.Q.U.S. ...
Tag this Judgment!Prafulla Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-06-1998
Reported in: AIR1998Ori168
P.C. Naik, J. 1. The petitioner, who is a member of the Agency Marketing Co-operative Society Ltd., Tikabali (hereinafter referred to as 'the Society') has filed this petition praying for issuance of an appropriate writ, direction or order declaring Clauses 30 and 31 of the Bye-laws of the Society unconstitutional and void, and for a declaration that reservation of the said constituency for women for the second time is violative of Article 14 of the Constitution. His further prayer is for issuance of a direction commanding the opposite parties not to reserve any constituency for women or in the alternative to reserve the constituencies on rotation.2. The case of the petitioner is that action ofthe Society in reserving 1/3rd of the constituencies for women is contrary to the statutory provisions and is, therefore, bad in law. It is submitted that reservation of five constituencies out of fifteen constituencies is bad as Clauses 30 and 31 of the Bye-laws are illegal, arbitrary and irrati...
Tag this Judgment!Kay Vee Aar Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-06-1998
Reported in: 86(1998)CLT614; 1998(II)OLR539; [1998]111STC112(Orissa)
Pradipta Ray, J.1. The writ petitioner is a company incorporated under the Indian Companies Act, 1956. It was initially registered as a medium scale industrial unit with the Director-General of Technical Development (hereinafter referred to as 'D.G.T.D.'). It started commercial production on November 30, 1987. Government of India by a Notification No. S.O. 232(E) dated April 2, 1991 enhanced the investment limits in fixed assets in plant and machinery for the purpose of categorising an industry as small-scale industrial unit. By the said notification option was given to the registered medium scale industries falling within the enhanced limit of investment to register themselves as small-scale industrial units or to continue as medium scale unit. In view of the said notification petitioner-company opted for registering itself as a small-scale industry with effect from September 28, 1991. The petitioner-company as a medium scale industry was admitted into the benefit of Industrial Policy...
Tag this Judgment!Kuturi Dei Vs. Suka Dei and ors.
Court: Orissa
Decided on: Apr-06-1998
Reported in: 1998(II)OLR65
Pradipta Ray, J.1. Being aggrieved by the judgment and order dated August, 22 1990 passed by the Commissioner of Consolidation, Sambalpur at Bhubaneswar in Consolidation Revision No. 1721 of 1983 (Annexure-7) the writ petitioner has filed this writ application.2. The case of the petitioner is briefly stated below :Plot. No. 2072 in Khata No. 287 of Mouza-Bania, P.S. Bhadrak, District-Balasore having an area of Ac.0.74 decimals (hereinafter referred to as the 'disputed property') was originally recorded in the name of Ranka Jena, the husband of the writ petitioner and Ajodhya Bewa, w/o. Gadei Jena with sthitiban status in the record of rights of 1928. Ajodhya Bewa died issueless and thereafter Ranka Jena became exclusive owner of the disputed land. Ranka paid rent to the ex-intermediary regularly and obtained receipts. As Ranka was a tenant under the intermediary on the date of vesting under the Orissa Estates Abolition Act hereinafter referred to as 'O.E.A.Act'), he became a direct ten...
Tag this Judgment!Larsen and Toubro Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-03-1998
Reported in: 85(1998)CLT671
Susanta Chatterji, J. 1. This batch of writ petitions, namely, O.J.C. Nos. 1171 of 1996, 13293 of 1996, 13294 of 1996, 2176 of 1996 and 2435 of 1997 at the instance of Larsen & Toubro Ltd. as also O.J.C. No. 854 of 1996 by Kehar Agencies have been heard analogously for great length of time. As all these writ petitions raise similar points of facts and law for adjudication these are disposed of by this comprehensive judgment.2. Certain relevant dates and materials have been given to appreciate the background of the cases and the course of events. An Industrial Policy Resolution was introduced by Government of Orissa on December 23, 1989 (hereinafter referred to as 'the IPR'). The petitioner, Larsen & Toubro Ltd. was granted a provisional registration certificate under Section 9C of the Orissa Sales Tax Act, 1947, and under Section 7(2) of the Central Sales Tax Act, 1956, with effect from January 23, 1992 and August 29, 1992 respectively. Its industry was set up with a capacity of 0.7 mi...
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