Orissa Court March 1999 Judgments
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Orissa Consumers' Association Vs. State of Orissa and Ors.
Court: Orissa
Decided on: Mar-22-1999
Reported in: AIR1999Ori237; 1999(II)OLR8
Susanta Chatterji, A.C.J.1. The Orissa Consumers' Association has filed the present writ application seeking relief as under;--'It is, therefore, prayed that this Hon'ble Court may be graciously pleased to issue Writ/Writs/ Order under Articles 226 and 227 of the Constitution and more particularly to issue- 1. Writ of Mandamus directing the State Government to constitute full time District Forums in all the districts of the State within specified time; 2. A writ of Mandamus directing opp. party No. 1 to provide necessary accommodation, staff, infrastructure facilities and funds for its effective and regular functioning of the forums in the State; 3. Writ of Mandamus directing the opp. party No. 1 to set up a consumer welfare fund for the implementation of the provisions of the Act; 4. Writ of Mandamus directing the opp. parties to furnish all information to this Hon'ble Court as regards the functioning of the District Forums and State Commission before the final hearing of the case so ...
Rasananda Das Vs. Grid Corporation of Orissa Limited and ors.
Court: Orissa
Decided on: Mar-19-1999
Reported in: 1999(I)OLR565
P.K. Misra, J.1. The facts which are no longer in dispute are as stated below : The petitioner was appointed as Switch-board Operator, Grade-Ill, by order 12.8.1958 passed by the Superintending Engineer, Electrical Circle, Hirakud Dam Project. Subsequently, he was terminated from service with effect from 31.3.1963 by order dated 25.2.1963 and was re-appointed by order dated 1.4.1963. He continued under the Orissa State Electricity Board till he was made to retire on 29.2.1 996 on attaining the age of 58 years as per Board's Regulation. However, as he was identified to be one of the 1200 employees working under the Hirakud Dam Project prior to 1.4.1960, by order dated 25.5.1996 passed by the Labour Court in Misc. Case No. 1/88 (SC) 481 dated 25.5.1996, he was allowed to rejoin service as per order dated 22.6.1 996 and was allowed to continue till 28.2.1998. when he attained the age of 60 years. However, subsequently under Annexure-9, an office order dated 28.1.1997 was passed stating th...
Rajkishore Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-18-1999
Reported in: 88(1999)CLT119; 1999(II)OLR50
A. Pasayat, J.1. Order of the Orissa Administrative Tribunal (in short, the 'Tribunal') directing petitioner to avail appellate forum purportedly available under Rule 23 (1) of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 (in short, 'Rules') is under challenge in this writ application.2. There is practicably no dispute on the factual aspect, and a brief reference thereto would suffice. Petitioner was proceeded against in a departmental proceeding and on conclusion thereof, he was exonerated from the charges. However, period of suspension was treated as such considering alleged gravity of charges. Said order was challenged before the Tribunal. Petitioner took the stand that since he has not been held guilty of the charges, it cannot all be conceived that period of suspension was to be treated as a measure of penalty. Tribunal held that all the same, order varied of his disadvantage of service benefits, and was to be assailed in an appeal under Rule 23 (1) o...
Basudeva Panda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-17-1999
Reported in: AIR1999Ori158
Pasayat, J.1. Order passed by the Arbitration Tribunal, Bhubaneswar (in short, the Tribunal) holding that petitioner's dispute cannot be entertained unless security deposit is made, as it cannot entertain and proceed to act on any reference unless security deposit as prescribed is furnished by the Contractor is under challenge in this writ application.2. Factual position is almost undisputed and is as follows :A reference was received by the Tribunal from the Court of learned Civil Judge (Senior Division), Bhubaneswar under Section 20(4) of the Arbitration Act, 1940 (in short, the 'Act') in O.S. No. 310 of 1993-I for adjudicating disputes raised between the petitioner and the State of Orissa acting through the Executive Engineer, Badanala Irrigation Project, Badanala in the district of Rayagada. Dispute related to the work executed under Agreement No. 14LCB of 1988-89 for execution of the word 'Excavation of Badanala Main Canal from RD 7535 M to 12,000 N of Badanala Irrigation Project'...
Goutam Chandra Patra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-16-1999
Reported in: 1999(I)OLR599
P.K. Mohanty, J.1. On the basis of a letter received from the petitioner this writ petition has been registered as O.J.C. No. 2337 of 993 as a public interest litigation. Misc. Case No. 6634 of 1993 has been filed on behalf of some villagers of village Mankha for intervention and the intervention has been allowed by order dated 5.10.1994. Subsequently, Misc. Case No. 5388 of 1997 was filed by one Braja Kishore Panda and Swapneswar Panda for intervention and the same was allowed by order dated 1.7.1997 and the intervenors were impleaded as opposite parties.2. The petitioner's case as revealed from the petition and as submitted by Sri B. R. Sarangi, appearing for the petitioner amicus qitriae is that he is the son of Gunanidhi Patra who was a poor freedom fighter of village Majurai and whose property has been forfeited during the British Rule. It is claimed that the petitioner has no source of income from landed property and from other sources. Plot No. 623/ 986 comprising of an area of ...
indrajeet Roy Vs. Republic of India and anr.
Court: Orissa
Decided on: Mar-12-1999
Reported in: 88(1999)CLT835; 1999(I)OLR421
P.K. Misra, J.1. The petitioner, who is an accused facing trial in S.T. Case No. 36/5 of 1998, has filed this revision challenging the order dated 16.2.1999 passed by the Chief Judicial Magistrate- cwm-Assistant Sessions Judge, Khurda, rejecting the obligation of the petitioner to call for certain documents. Earlier, the petitioner had filed a similar application before the trial Court on 24.11.1998 which was rejected as not pressed. Subsequently, a fresh petition was filed for the very same purpose which was rejected by the trial Court by order dated 8.12.1998. Against the aforesaid order, the petitioner has filed Criminal Revision No. 580 of 1998. The said revision was disposed of by Hon'ble A. Pasayat, J. by order dated 29.1.1999 in the following manner :'5. Another 'petition was filed to call for certain documents filed in this Court in several OJCs. and in several P.S. Cases, i.e., in Bidanasi P.S. Case and Nayapalli P.S. Case and the station diary entries. Learned trial Judge rej...
Barada Kanta Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-09-1999
Reported in: AIR1999Ori178; 87(1999)CLT637; 1999(I)OLR525
A. Pasayat, J.1. Petitioner purporting to be the General Secretary of Cuttack Chamber of Commerce, Malgodown, Cuttack has filed this writ application on behalf of its members challenging collection of octroi under Section 131(1)(kk) of the Orissa Municipal Act, 1950 (in short 'the Act') in respect of imported edible oils.2. With reference to a Notification No. 711/85 dated 30th September, 1985 issued by the Housing and Urban Development Department it is pleaded that collection, of octroi on imported edible oils is unauthorised. A copy of the said Notification dated 30th September, 1985 is annexed as Anncxure-1 to the writ application. Certain receipts have been filed to show that octroi has, in fact, been collected on the imported R. B. D. Palm oil. The Cuttack Municipal Corporation (in short 'the Corporation') has taken the stand that the Housing and Urban Development Department by order dated 5th March, 1998 has accorded sanction to the imposition of octroi on various goods and seria...
Akshaya Kumar Mohapatra Vs. State of Orissa and Others
Court: Orissa
Decided on: Mar-05-1999
Reported in: 91(2001)CLT266
A. Pasayat, J.1. Order of termination passed by the Governing Body of Deva Raya Nayapalli College (hereinafter referred to as the 'college') is the subject-matter of challenge in this writ application, after its confirmation by the Director of Public Instruction, Higher Education Orissa.2. Main plank of petitioner's argument is that though the order of termination was termed to be a simpliciter one, the background facts clearly show that it was a camouflage to avoid proceedings in the matter of termination. Reference is made to various allegations made by the college authorities and the allegations of misconduct made immediately prior to the order of termination and threats given for action. When the college authorities were satisfied that they have no material to substantiate the allegations, they adopted the novel method of labelling the, order of termination to be simpliciter one while in the background there is desire to harass the petitioner. The allegations of involvement in unau...
Aasmita Patnaik Vs. Vice-chancellor, Utkal University and ors.
Court: Orissa
Decided on: Mar-05-1999
Reported in: AIR1999Ori172
R.K. Patra, J.1. The Utkal University in its notification No. 231 dated 22-4-1998 at Annexure-A penalised the petitioner by cancelling her result of Plus Three Final Degree Examination, 1997 and further debarring her from appearing at the next examination. The validity of the aforesaid imposition of penalty is assailed by her in this writ application.2. Briefly stated the case of the petitioner is that she was admitted to appear in the Plus Three Final Degree Examination, 1997 as a regular candidate from K. S. O. Women's College, Darghapalna, Cuttack. Her roll muster was 137094033. On 15-4-1997 when she was taking History Paper-III examination, a flying squad entered the hall at about 12 noon. She was sitting in the front row of the hall close to the seat of the invigilator. At that time someone from behind her back threw some papers which fall by her side. She had no knowledge or scope to know who threw it as she was busy in writing her answers. A member of the flying squad lifted the...
Sovasri Dalai Vs. Divisional Manager, Life Insurance Corporation of In ...
Court: Orissa
Decided on: Mar-05-1999
Reported in: (2000)ILLJ172Ori
Pasayat, J. 1. The case at hand has a chequered career and has travelled the corridors of various Courts and forums mostly on the question of jurisdiction and not so much on factual aspects which are almost undisputed. 2. The background facts leading to filing of this writ application are essentially as follows:- Petitioner is the widow of one Hrudananda Setha (hereinafter referred to as the 'deceased') who expired on July 17, 1990 while working as Mobile Unit Supervisor (Junior Engineer) under the Executive Engineer Rural Water Supply and Sanitation Division No. 1 (opposite parry No. 3). The marriage was solemnised on January 30, 1990. During service prior to the marriage, deceased Hrudananda had taken a life insurance policy issued by the Life Insurance Corporation of India (in short, 'LIC'). The proposal for the same was submitted on November 28, 1989 along with the initial premium for two months. In the proposal letter, father of the deceased, namely, Haribandhu Setha (opposite par...
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