Orissa Court August 1998 Judgments
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Subrat Kumar Mishra Vs. Subhendu Mishra @ Tuku Mishra
Court: Orissa
Decided on: Aug-28-1998
Reported in: 86(1998)CLT578; II(1999)DMC607
ORDERP.K. Tripathy, J.1. Heard.2. This is an application under Section 439(2) of the Criminal Procedure Code, 1973 filed by the informant in G.R. Case No. 1719 of 1997 of the Court of S.D.J.M., Bhubaneswar. The alleged offences are under Sections 498A, 304B/34, Indian Penal Code read with Section 4 of the Dowry Prohibition Act. It is alleged by the prosecution that though marriage of the deceased Sasmita was performed with opposite party No. 1 in June, 1993, but there was constant ill-treatment and cruelty on her not only by the in-laws (co-accused persons), but also by opposite party No. 1, her husband. On the date of occurrence the deceased was found dead and the post-mortem report reveals that there were external injuries like abrasion on the left ear, right knee, right elbow and there was interputed ligature mark of the size of 1 /5' to 1 /4' broad above the thyroid and on the left side from the left angle of mandible and the length was 1 1/2'. Besides that there was bruise appeari...
Gangadevi Poddar Vs. Gopi Krishna Sangmeria and ors.
Court: Orissa
Decided on: Aug-27-1998
Reported in: AIR1999Ori43
P.K. Misra, J.1. The present Civil Revision is at the instance of one of the applicants in a proceeding for grant of letters of Administration pending before the trial Court. Originally, Misc. Case No. 28/92 (Letters) had been filed before the District Judge, Cuttack, but after appearance of opposite party No. 1, the case was transferred to the Court of the Civil Judge (Senior Division), 1st Court, Cuttack, and converted to O.S. No. 2 of 1994.2. The facts giving rise to the present Civil Revision are as follows : It is alleged that one Gouri Shankar Sanganeria executed a will on 21-9-1989 bequeathing certain properties in favour of the present petitioner and others. The present petitioner and pro forma opposite party No. 4 filed Misc. Case No. 28/92 in the Court of the District Judge, Cuttack, for grant of Letters of Administration with the copy of the Will annexed. The applicants in the said Misc. Case had valued the property at Rs. 2,00,000/- (two lakhs) and had paid Court-tee accord...
Miss Vani Aparna Vs. Principal Ravenshaw College and ors.
Court: Orissa
Decided on: Aug-27-1998
Reported in: AIR1999Ori58; 86(1998)CLT749
P.C. Naik, J.1. The petitioner has approached this Court for issuance of an appreciate writ, direction or order declaring that the +3 degree awarded to the petitioner by Osmania University, Hyderabad be treated as equivalent to B.Sc. (Rons) degree, of Utkal University and accordingly, she be declared eligible to obtain admission in P. C. course of Botany Department in Ravenshaw College, Cuttack. Her alternative prayer is to declare her eligible for admission against the seats reserved for outside candidates.2. The facts giving rise to mis petition may behereinafter stated thus ;The petitioner was a regular student of Osmania University of Andhra Pradesh who, on successfully completing the graduation course was conferred a degree of B.Sc. (Pass). The subjects in which she was examined were Chemistry, Botany and Zoology (in short 'CBZ'). It is the petitioner's case that on coming to Cuttack she had applied for admission to the P.G. Department of Botany both in Revenshaw College, Cuttack ...
Susanta Kumar Patnaik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-27-1998
Reported in: AIR1999Ori67; 87(1999)CLT464
P.C. Naik, J.1. The petitioner, a lecturer in Logic and Philosphy in Janata College, Kuhuri, has filed this writ petition for quashing the order under Annexure-13 whereby the Government turned down the proposal for ante-dating the concurrence for opening Logic in +2 Arts stream from the academic session 1989-90 instead of 1990-91. Accordingly, the prayer is for issuance of an appropriate writ, direction or order commanding the Government to accord concurrence to the subject Logic from the academic session 1989-90 instead of 1990-91 and to allow all consequential benefits to the petitioner.2. The case of the petitioner is that the college in question was established in the year 1986 and got concurrence during the academic session 1989-90 and thereafter, it was notified to receive grant-in-aid with effect from 1 -6-94 and as such, is an aided educational institution. According to the petitioner, the subject Logic was introduced in the college from the academic session 1988-89 and accordi...
Kanchan Sahu Vs. Premananda Sahu
Court: Orissa
Decided on: Aug-27-1998
Reported in: I(1999)DMC483
P.C. Naik, J.1. In this appeal under Section 19 of the Family Courts Act, 1984, the wife, who was the respondent before the Court below, assails the decree of divorce granted in favour of the respondent-husband who was the petitioner there.2. The facts giving rise to this appeal are that the present respondent (hereinafter referred to as 'the husband') had filed a petition under Section 13 of the Hindu Marriage Act, 1955 before the Subordinate Judge, First Court, Cuttack, for a decree of divorce dissolving the marriage on the ground of wilful desertion by the present appellant (hereinafter referred to as 'the wife'). According to the husband, the marriage between him and the present appellant was solemnized at Cuttack on 29.5.1975 according to Hindu caste custom and rites. After the marriage, both stayed together at Cuttack for about a week whereafter the wife left for her father's place on the pretext of her cousin's illness. Thereafter, in spite of repeated correspondence and persona...
Executive Engineer, Jeypore Electrical Division and ors. Vs. Presiding ...
Court: Orissa
Decided on: Aug-25-1998
Reported in: (1999)IILLJ337Ori
Pasayat, J. 1. Order passed by the learned Presiding Officer, Labour Court, Jeypore, Koraput disposing of an application under Section 33C(2) of the Industrial Disputes Act, 1947 (in short the 'Act') is under challenge.2. Ghasiram Jena (opposite party No. 2) (hereinafter referred to as the 'claimant') filed an application claiming benefit of unpaid wages and interest thereon from the petitioners stating that they were his employers.3. Case of the claimant in essence was as follows:In 1983 while the claimant was working as Clerk A in the office of the Executive Engineer, Bhawanipatna Electrical Division, Bhawanipatna, now renamed as Kalahandi West Electrical Division, Bhawanipatna, the Executive Engineer selected him for appointment as Junior Accountant and posted in the Headquarter office of Finance Wing at Bhubaneswar. The said appointment was duly communicated to the Superintending Engineer, Electrical Circle, Jeypore, and the Executive Engineer of Kalahandi West Electrical Division,...
Rangadhar Nayak Vs. Fertilizer Corporation of India Ltd. and ors.
Court: Orissa
Decided on: Aug-25-1998
Reported in: (1999)IIILLJ1280Ori
Pasayat, J.1. In the second journey of the petitioner to this Court, this is the third hearing. This matter has been heard afresh on being remanded by the Apex Court. In the earlier writ application, i.e. OJC No. 3512 of 1987 disposed of on January 11, 1990, the petitioner, an erstwhile employee of the Talcher Unit of Fertilizer Corporation of India (for short, the 'FC1') had assailed the order directing his removal by way of dismissal in a disciplinary proceeding initiated against him under Rule 23 of the Fertilizer Corporation of India Limited Employees (Conduct, Discipline and Appeal) Rules, 1972 (for short, the 'Rules'). After delineating the jurisdiction of this Court under Article 226 of the Constitution of India in matters of disciplinary action it was observed that departmental authorities are the sole judges of facts and if there is some legal evidence on which their conclusion is based, adequacy or reliability of that evidence is not a matter that can be permitted to be canva...
Biswanath Majhi Alias Biswa Vs. State of Orissa
Court: Orissa
Decided on: Aug-24-1998
Reported in: 1999(I)OLR101
S.C. Datta, J.1. The appellant was put on trial Under Sections 302 and 201 of the Indian Penal Code for allegedly committing murder of his estranged wife Saudamini Majhi and for causing disappearance of evidence of the offence by burying the dead body in a stone quarry. He was found guilty under.both the sections, convicted thereunder and sentenced to imprisonment for life on the first count viz., Under Section 302, IPC and to a further sentence of imprisonment of two years on the second count viz., Under Section 201, IPC. Both the sentences were to run concurrently.2. The prosecution case is very short and simple.The appellant was married to deceased Saudamini Majhi in the year 1991 but it was none too happy. They broke away within two years of the marriage whereafter the wife started residing with her parents. She instituted a case Under Section 498A of the Indian Penal Code in the Court of the Sub-divisional Judicial Magistrate, Athagarh, complaining dowry torture, she also filed a ...
Ganesh Chandra Bandopadhyay Alias Banerjee Vs. Authorised Officer-cum- ...
Court: Orissa
Decided on: Aug-24-1998
Reported in: 1999CriLJ2612
C.R. Pal, J. 1. In this writ petition the petitioner has prayed to quash the confiscation proceeding O. R. No. 152/97-98 pending before the Authorised Officer-cum-Divisional Forest Officer, Nayagarh Division.2. The facts of the case in brief are as follows:--The petitioner, a resident of 7/2, P. W. D. Road, Calcutta-35, is the registered owner of the truck bearing registration No. WML 1000. The petitioner states that the said truck came with the load of empty bottles of Dabur Company from Calcutta to Bhubaneswar and after giving delivery of the articles at the destination while returning from Bhubaneswar to Calcutta a person approached the driver, Namilal Ray, near Gopalpur Check Gate and asked him if he was willing to carry a load of turmeric and chilly from Odegaon to Calcutta. As the truck was empty, the driver agreed to the proposal to carry the same for a consideration of Rs. 4,000/-. Accordingly, the driver of the truck instead of proceeding towards Calcutta proceeded to Odegaon ...
Branch Manager, United India Insurance Co. Ltd. Vs. Bhagabati Naik (Sm ...
Court: Orissa
Decided on: Aug-21-1998
Reported in: 2001ACJ817; (1999)IILLJ1427Ori
P.C. Naik, J.1. Heard counsel for the appellant.2. This appeal under Section 30 of the Workmen's Compensation Act is by the insurer.3. Respondent-claimant is the widow of Nakula Naik, a helper engaged on the truck bearing registration number ORC 9767, who died out of an injury sustained in the course of his employment when the said vehicle was involved in an accident. She accordingly claimed compensation of Rs. 80000/- from the owner and insurer of the truck in question.4. The claim was resisted by the insurer inter alia on the ground that as the driver was driving the vehicle under the influence of liquor, it was in breach of the law and as such, it could not be held liable. The liability was sought to be assailed also on the ground that the driver did not possess a valid driving licence and as such, there being a breach of the policy condition, no liability could be saddled on the insurer.5. Before the Commissioner for Workmen's Compensation, Jeypore, the insurer-opp. party No. 2 (th...
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