Orissa Court December 1999 Judgments
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Rajesh Ekka and ors. Vs. Controller of Examinations, Sambalpur Univers ...
Court: Orissa
Decided on: Dec-06-1999
Reported in: AIR2000Ori82; 2000(I)OLR605
Pradipta Ray, J.1. The writ petitioners were duly admitted in the course for Diploma in Personal Management in Rourkela Institute of Management Studies, Rourkela. The said course of Post Graduate Diploma in Personal Management (hereinafter referred to as the 'PGDPM') is two years course divided into Part-I and Part-II. After completion of one year's study a student is entitled to appear at the Part-I of the Examination consisting of six papers. Under the Regulations meant for the said PGDPM Course a student may continue his study in Part-II without appearing at the Part-I Examination at the end of the first year and may appear at both Part-I and Part-II Examinations at the end of the 2nd year. The petitioners appeared in Part-I of the PGDPM Examination in 1996, but they failed to clear all the papers in the said Part I of the Examination. At the end of the 2nd year i.e. 1997 the petitioners applied for being permitted to appear in the Part-1 of the Examination for the back papers and a...
Lokesh Chandra Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-06-1999
Reported in: 89(2000)CLT73; 2000(I)OLR120
L. Mohapatra, J.1. The petitioner has approached this Court challenging the order dated 28.8.1997, Annexure-13 whrerin his representation for approval for the post of Lecturer occupied by him has been turned down on the ground that he has secured 47.88 per cent of marks and the petitioner has further prayed for a direction to the opposite parties to round up the aforesaid percentage to 48 per cent and approve the appointment of the petitioner for the post of Lecturer in English and release the grant- in-aid with effect from 1.6.1994.2. The Panchayat College, Kantamal is a junior college which was established in the year 1984 and +2 classes were opened in the same year/Government concurrence was obtained with effect from the academic year 1988-89 and the college became eligible to receive grant-in-aid with effect from 1.6.1994. Presently it is an aided college.After opening of the college, the petitioner had applied for appointment as a Lecturer in English pursuant to an advertisement a...
Sridhar Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-06-1999
Reported in: 89(2000)CLT46; 2000(I)OLR111
L. Mohapatra, J.1. In this writ application the petitioner has prayed for a direction to quash Annexure - 4 wherein the Inspector of Schools, Khurda Circle, by office order dated 5.6.97 has declined to approve the appointment of the petitioner as the 4th peon. The further prayer of the petitioner is for a direction to opposite party No. 2 to approve his appointment.2. The case of petitioner, as stated in the writ application, is that Barapalli High School under the Khurda Education Circle is an aided educational institution. The managing committee of the School vide its Resolution No. 36 dated 9.1.91 appointed the petitioner as the 4th Peon-cum-Night Watcher as the roll strength of the school exceeded one hundred and the managing committee felt the necessity of appointing a 4th peon. The Headmaster of the school on 14.7.95 recommended the case of the petitioner along with other employees, whose services had not been approved, to the Inspector of Schools for approval. The Headmaster aga...
Oriental Insurance Co. Ltd. Vs. Shyamsundar Rohidas and ors.
Court: Orissa
Decided on: Dec-06-1999
Reported in: 2(2000)ACC599; 90(2000)CLT49
P.K. Misra, J.1. The,insurer has filed this appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as the 'Act').2. Claimants-respondents 1 and 2 are the parents of the deceased. The deceased while working as a Coolie in the truck belonging to present respondent No. 3 met with an accident on 21.5.1998 and died subsequently. In the claim application filed by the parents they claimed that they were dependent upon the deceased who was receiving a sum of Rs. 1,200/- per month as wages and Rs. 25/- per day towards fooding allowance. It was further claimed that the deceased was aged 19 years at the time of the accident.3. The owner in his written statement admitted about the employment, accidental death of the deceased and the wages, but disputed the age of the deceased and the quantum of compensation claimed. He also took the plea that the amount, if any should be paid by the Insurance Company.4. The insurer while generally denying the allegations made in the cla...
Prabhash Ch. Bebarta Vs. State
Court: Orissa
Decided on: Dec-02-1999
Reported in: 2000(I)OLR59
ORDERP.K. Tripathy, J.1. Heard. This revision is disposed of at the stage of hearing on admission after hearing learned counsel for the petitioner and learned Addl. Standing Counsel appearing for the State of Orissa who is the solitary opposite party.2. The grievance of the petitioner is that the crl. appeal filed by him in the Court of District and Sessions Judge, Bolangir was transferred to the file of Addl. Dist. and Sessions Judge, Sonepur after that Court was established and the case record of the Crl. Appeal No. 54/6 of ! 995- 96 was transferred to the file of Addl. Sessions Judge, Sonepur, but notice of that transfer was not given to the appellant as a result of which the appellant was in dark about pendency of the appeal in the Court of Acldl. Sessions Judge, Sonepur. As a result of that, the appellant, did not participate, but the learned Addl. Sessions Judge disposed of the crl. appeal without hearing the appellant. Learned counsel for the petitioner further states that appel...
Md. Abdul Zahur Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-02-1999
Reported in: 89(2000)CLT255; 2000(I)OLR21
B.P. Das, J.1. This is an application for habeas corpus filed under Article 226 of the Constitution of India (in short 'the Constitution') by the petitioner-Md. Abdul Zahur, a cousin of Safo alias Sd. Imran Alli (hereinafter called 'the detenu'), who is detained Under Section 3(2) of the National Security Act, 1980 (in short 'the Act') challenging the order of detention dated 30.12.1998 passed by the District Magistrate, Kendrapara, vide Annexure-1, as also the order of approval passed by the State Government vide Annexure-4.2. The grounds on which the order of detention has been directed, as stated in the grounds of detention (Annexure-2), are that the detenu was creating havoc in Kendrapara thereby disturbing public order and in spite of being arrested and forwarded to custody on a number of times earlier, his anti-social activities continued to be unabated; that after release on bail he continued to commit further offences more vigorously and was terrorising and intimidating the wit...
Sri Ajaya Kumar Sahu and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-02-1999
Reported in: 2000(I)OLR89
ORDERP.K. Tripathy, J.1. Heard.2. Learned counsel for the petitioner states that G.R.Case No. 516 of 1994 was registered on the FIR lodged by the O.P. No. 2. A clash between the informant's and the accused groups in a religious procession led to registration of the said case. After completion of investigation charge-sheet was filed and cognizance of the offences Under Sections 147, 148, 323, 324, 307, 506, 149, IPC was taken by the SDJM, Kendrapara. He further states that even if both the parties have amicably settled their dispute and compromised, but some of the aforesaid offences being non- compoundable, petitioners have come up with this application Under Section 482, Cr.P.C. with the prayer to quash the cognizance order. Learned counsel appearing for the informant-opp. party No. 2 admits the fact situation and concedes to the said prayer. Learned Addl. Standing Counsel, however, states that a compromise of the above nature is not sufficient to entertain the prayer of the petitione...
Divisional Manager, New India Assurance Co. Ltd. Vs. Guru Charan Nath ...
Court: Orissa
Decided on: Dec-01-1999
Reported in: (2000)IIILLJ1464Ori
P.K. Misra, J.1. The Insurer has filed this appeal against the direction of the Commissioner for Workman's Compensation-cum-Assistant Labour Commissioner, Cuttack (in short, the 'Commissioner') in W.C. Case No. 184-J/94 directing payment of Rupees 59,770/- as compensation to respondent No. 1. 2. Respondent No. 1 had filed the claim case for compensation on the allegation that he had sustained bodily injury in an accident arising out of and in course of his employment on January 7, 1994 while he was working as a Helper in truck bearing number CSC 8692 belonging to respondent No. 2. It was claimed that while he was proceeding in the truck in his capacity as Helper from Bangalore to Chandikhole, the left side door of the truck opened suddenly and the claimant fell down sustaining injury. The claimant was treated in the hospital. On the basis of the report submitted by the doctor, G.R. Case No. 8/94 was registered. 3. The owner of the vehicle filed written statement admitting the employmen...
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