Orissa Court September 1998 Judgments
Kumar Barik and ors. Vs. Banshidhar Lenka
Court: Orissa
Decided on: Sep-25-1998
Reported in: 1998(II)OLR653
P.K. Misra, J.1. Defendants have filed this appeal against the judgment dated 17.6.1996 whereunder the lower appellate Court has set aside the judgment and decree of the trial Court and remanded the suit to the trial Court for fresh disposal.2. There is no dispute that defendant No. 1 was the owner of the disputed land. Originally, the suit was filed for specific performance of contract against defendant No. 1. It appears that the said suit was decreed ex pane on 19.12.1979 and subsequently, a sale deed was executed in execution through Court. On 2.1.1982, defendant No. 1 executed three sale deeds in favour of defendants 2 to 4. Subsequently, defendant No. 1 filed Misc. Case No. 327 of 1982 under Order 9, Rule 13, Code of Civil Procedure, to set aside the ex pane decree and the ex pane decree was set aside. Thereafter, defendants 2 to 4 got themselves impleaded in the suit. The plaintiff also amended his plaint and prayed that the sale deeds in favour of defendants 2 to 4 are illegal a...
Tag this Judgment!Kshirod Prasad Das Vs. Orissa State Housing Board and anr.
Court: Orissa
Decided on: Sep-24-1998
Reported in: 1999(I)OLR546
R.K. Dash, J.1. Kshirod Prasad Das, a retired Junior Class-I Officer of the Orissa State Housing Board (for short, 'the Board') in this writ petition under Articles 226 and 227 of the Constitution of India has prayed for a direction to the opposite parties to release pension payable to him from October, 1996 and onwards.2. Briefly stated, petitioner's case as set out in the writ petition is that he while working as Scheme Officer in Junior Class-I in the Board, retired from service on 30.11.1993 on attaining age of superannuation. Provisional pension @ Rs. 1,337/- per month was a sanctioned in his favour vide Officer order under Annexure-3 with effect from 1.12.1993. Accordingly, the petitioner drew commuted value of pension amounting to Rs. 57.488/- and so, his pension was reduced to Rs. 915/-. He continued to draw his pension at the aforesaid rate along with temporary increase as admissible from time to time. On 1.11.1996 he authorised one Khageswar Parida to receive pension in the s...
Tag this Judgment!Smt. Sushila Devi Rungta Vs. State of Orissa, Through Chief Secretary, ...
Court: Orissa
Decided on: Sep-23-1998
Reported in: 1999(I)OLR549
Pradipta Ray, J.1. Plot No. P/13 having an area of 5400 sqr.ft. (hereinafter referred to as the 'disputed plot') is situated in an area ear-marked as residential area in Rourkela. In 1990 Smt. Sushila Devi Rungta, the writ petitioner in O.J.C. No. 13,952 of 1 996 purchased the disputed plot from the original lessee with necessary permission and submitted a plan seeking permission for construction of a four storied residential building. In the said plan the petitioner proposed to construct over a plinth area of 2271 sqr. ft. with front set-back of 22'-8'. rear set-back of 9'-10', Eastern side set-back of 5'-10' and Western side set-back of 13'-3'. Rourkela Regional Improvement Trust found that the proposed plan was defective inasmuch as it did not provide for the required rear set-back of 15' and side set-back of 10'. On June 4, 1991 Smt. Rungta modified the earlier plan and submitted the same for approval/licence. After holding necessary site-verification Licence No. 204/RRIT dated Oct...
Tag this Judgment!Sushanta Sethi Vs. Sk. Manjar Alli and ors.
Court: Orissa
Decided on: Sep-23-1998
Reported in: 87(1999)CLT543; 1999(I)OLR540
R.K. Dash, J.1. Sushanta Sethi, petitioner herein, in this writ petition under Articles 226 and 227 of the Constitution of India has prayed to quash the order of the Additional District Judge, Balasore, passed in Civil Revision No. 69 of 1997 rejecting his prayer for interim stay of further proceeding in Misc. Case No. 167 under Order 21, Rule 97, CPC arising out of Execution Case No. 6 of 1996 till the disposal of the Probate Proceeding in Probate Misc. Case No. 3 of 1997 on the file of the District Judge, Balasore.2. For better appreciation of the questions involved it is necessary to give a brief fact of the case as under :Opposite parties 1 and 2 (hereinafter referred to as 'landlords') are the owners of two rooms having area, of 9'-3'x 14' and 33'xl4' and one shed of size 42'-3'x l8' situated abutting the Balasore Port Road which they let out to Bhikari Charan Sethi, father of the petitioner, on monthly rent basis. In the tenanted premises petitioner's father installed a fabricati...
Tag this Judgment!Annada Shankar Jena Vs. Deputy General Manager, Commercial Banking, St ...
Court: Orissa
Decided on: Sep-23-1998
Reported in: 1999(II)OLR171
R.K. Dash, J.1. The petitioner, an Assistant (A & C) of the State Bank of India (for short, 'SBI'), Cuttack Main Branch, in this petition under Articles 226 of the Constitution of India seeks to quash the order of his transfer made by the Deputy General Manager (C.B.), opp. party No. 1 and to allow him to continue in his present place of posting.2. Brief facts :The Deputy General Manager (C.B.), opp. party No. 1 issued guidelines vide letter No. PER (CB) 2/298 dated 14.3.1997, Annexure-1 indicating the details of procedure for appointment of computer operators as well as subsequent inter-network transfers. As provided in Clause 4 of Annexure-1, net inflow and outflow of employees to/from the network should be balanced by an equal number of transfers by identifying the employees on the basis of seniormost among the willing employees and (or) otherwise the juniormost employees of the branch in that order. It is manifest that the aforesaid guideline is prescribed with a view to accommodat...
Tag this Judgment!Manamohan Tripathy Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-23-1998
Reported in: 1999(II)OLR185
Pradipta Ray, J.1. The petitioner has filed this writ petition for a writ of mandamus commanding the opp. parties to approve his appointment as an Assistant Teacher in Astasambhu Sanskrit Vidyapitha at Krushnanagar in the district of Jajpur.2. The Astasambhu Sanskrit Vidyapitha (hereinafter referred to as the 'School') became a recognised institution in 1987. It was admitted into the minimum grant-in-aid scheme with effect from June 1, 1994. The petitioner, a graduate, was appointed as an Assistant Teacher on March 23, 1991 by the School. The petitioner has been continuing in the said post of Assistant Teacher since such date of appointment. After the school became an aided institution, the Superintendent of Sanskrit Studies (in short 'Superintendent') called upon the Head-Pandit of the School to submit the staff position for his approval. The Managing Committee by letter dated November 27, I 995 submitted the staff position in which the petitioner was shown ugainsi the post of a train...
Tag this Judgment!Surendra Kumar Prusty, Vs. State of Orissa Represented by the Secretar ...
Court: Orissa
Decided on: Sep-23-1998
Reported in: 1998(II)OLR610
R.K. Patra, J.1. In the aforesaid three applications under Articles 226 and 227 of the Constitution of India, the petitioners seek quashing of the order dated 17.10.1988 of the Revenue Officer passed in Ceiling Case No. 1 of 1988 at Annexure-3 (partly modified by the appellate order dated 26.2.1991 at Annexure-2 and the revisional order dated 5.10.1991 at (Annexure-1) determining ceiling surplus land at the hands of Puni Bewa (petitioner No. 1 in OJC No. 8993 of 1992).As the facts and the law involved in all the cases are one and the same, they were heard together and are disposed of by this common judgment.2. Suo motu ceiling case No. 1 of 1988 was initiated against Puni Bewa (petitioner No. 1 in OJC No. 8993 of 1992) on the allegation that she was in possession of Ac. 24.30 decimals of land which was in excess of the ceiling prescribed under law. The Revenue Officer, Bhadrak accordingly issued draft statement to her showing a surplus land of 9.89 standard acres at her hands and she w...
Tag this Judgment!Amarjeet Jena Vs. Council of Higher Secondary Education, Orissa and or ...
Court: Orissa
Decided on: Sep-21-1998
Reported in: AIR1999Ori129
Pradipta Ray, J.1. The writ petitioner appeared at the Annual Higher Secondary Examination of 1997 under the Council of Higher Secondary Education, Orissa (hereinafter referred to as the 'Council'), but his result has been withheld on the ground that he was not eligible to appear at the said Higher Secondary Examination. The petitions has filed this writ petition challenging such withholding of result.2. Undisputed facts of the present case are :--The petitioner passed All India Secondary School Examination of 1994 conducted by the Central Board of Secondary Education (hereinafter referred to as the 'C.B.S.E.') from Sainik School, Bhubaneswar. He was thereafter admitted into All India Senior School Certificate Course in Science conducted by C.B.S.E. which is equivalent to '+2 Science Course' of the Council in Orissa. He appeared in the said All India Senior School Certificate Examination in 1996 but failed. In the meantime his father was transferred from Bhubaneswar to Keonjhar. There ...
Tag this Judgment!Krushna Chandra Mallick Vs. Executive Officer, Notified Area Council a ...
Court: Orissa
Decided on: Sep-17-1998
Reported in: 1998(II)OLR607
R.K. Patra, J.1. The petitioner in this writ petition assails the validity of the office order No. 2649 dated 14.11.1996 (Annexure-4) by which the Chairman of Notified Area Council, Sunabeda has terminated his service as Octroi Peon.2. The case of the petitioner is that he had been working as N.M.R. under the PH. Sanitation establishment of Notified Area Council (in brief. 'N.A.C), Sunabeda from 1980 continuously without any break or interruption and on consideration of his seniority and performance in duty, his services were regularised as Octroi Peon with effect from 16.4.1995 against an existing vacancy as per office order dated 22.4.1995 (Annexure-1). As a consequence of regularisation, he joined as Octroi Peon and while working as such, by office order No. 474 dated 20.2.1996 (Annexure-2) he was reverted and was asked to join as D.L.R. under PH.Sanitation establishment. The Chairman, N.A.C., Sunabeda however passed order dated 16.3.1996 (Annexure-3) absorbing the petitioner in the...
Tag this Judgment!Shri Indrajeet Roy Vs. Republic of India
Court: Orissa
Decided on: Sep-16-1998
Reported in: 1998(II)OLR424
P.K. Tripathy, J.1. This Criminal Revision has been filed by the accused in Sessions Trial No. 5 of 1998 of the Court of Assistant Sessions Judge-cum-C.J.M., Khurda at Bhubaneswar (in short, ' A.S.J.') with the following prayer.'PRAYER'It is, therefore, prayed that this Honourable Court may graciously be pleased to admit this Revision application, issue notice to the opp. party, call for the Records of S.T, Case No. 5/1998-I from the Court of Additional Chief Judicial Magistrate-cum-Assistant Sessions Judge, Khurda Camp at Bhubaneswar and after hearing the Parties set aside the order dated 29.7.1998 passed by the said Court directing framing of the charge.'Thus this revision has been directed challenging the order dated 29.7.1998 passed by the A.S.J., (the impugned order).2. A brief sketch of the facts and relevant circumstances and litigations are noted herewith for the sake of reference.The informant-prosecutrix Smt. Anjana Mishra lodged a written complaint against her husband Sri Su...
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