Orissa Court September 1999 Judgments
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Rajat Kumar Rath and anr. Vs. Government of India and ors.
Court: Orissa
Decided on: Sep-15-1999
Reported in: AIR2000Ori32
A. Pasayat, A.C.J.1. Petitioners call in question legality of directions as contained in the orders dated 6-6-1997 and 26-9-1997 (vide Annexures 13 and 16 respectively to the writ application) passed by opposite party Nos. 1 to 4. By the aforesaid directions the petitioners have been called upon to refund certain amounts received then as interest.2. Factual position is almost undisputed and is essentially as follows :Petitioners opened accounts in the General Post Office, Bhubaneswar eaptioned Monthly Income Scheme' (in short, the 'Scheme'). The deposits are hereinafter referred to as MIS deposits. On different dates nine accounts were opened by the petitioners jointly. Additionally one account was opened by petitioner No. 1. The first account, i.e., MIS No. 1292 was opened on 3-6-1994 for a sum of Rs. 1,20,000/- and on the same day Savings Account No. 575272 was opened in the name of petitioners. The arrangement was that the monthly interest accrued shall be credited automatically to ...
Jagannath Mohanta Vs. Election Commission of India, New Delhi and anr.
Court: Orissa
Decided on: Sep-15-1999
Reported in: AIR2000Ori44
A. Pasayat, Actg. C.J.1. Alleging that by allotment of symbol i.e. 'Conch' to Biju Janata Dal, a recognised State party, there has been violation of various provisions of the Representation of the People Act, 1951 (in short 'the Act') and the Election Symbols (Reservation and Allotment) Order, 1968 (in short 'the Order'), this writ petition has been filed.2. The undisputed factual position is as follows:--Petitioner claims to be the President of one unrecognised State Political Party, namely, 'Jagannath Dal', By notification dated 16-1-1995 (vide Annexure-1) of the State of Orissa which was published in the Orissa Gazette Extraordinary dated 16-1-1995, certain symbols were allotted to unrecognised political party/independent candidate, and the said notification reads as follows:---HOME (ELECTION) DEPARTMENTNOTIFICATION The 16th January, 1995 No. 1530-IE(E) - 16/95-Elec. - The following notification published by the Election Commission of India in Gazette of India Extraordinary Part-11,...
Notified Area Council, Bhuban Represented Through Narahari Sahu Vs. St ...
Court: Orissa
Decided on: Sep-15-1999
Reported in: 1999(II)OLR612
P.C. Naik, J.1. The petitioner herein, the Notified Area Council, Bhuban, has approached this Court for quashing the order dated 25.5.1998 issued by the Government of Orissa in the Housing and Urban Development Department cancelling the order dated 4.5.1998 (Annexure-3) whereby opp. party No. 4 - Gobinda Chandra Naik was transferred and posted on a Senior Assistant in the Athagarh Notified Area Council against a vacant post.2. In short, the case of the petitioner is that opp. party No. 4 being a local person was indulging in politics instead of devoting his time and energy for the official work. He was deeply involved in local politics and was disclosing official matters'to the general public as well as the Press. There was a special audit in the year, 1992-93 in which opp. party No. 4 (Gobinda Chandra Naik) was found to have misappropriated some funds of the N.A.C. Accordingly, it was felt that his continuance with the petitioner was not in the interest of the Council and therefore, a...
Gopinath Panda Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-08-1999
Reported in: AIR2000Ori17; 2000(I)OLR238
P.C. Naik, J. 1. The petitioner in the Principal-in-charge-cum-Secretary of Saraswat Mahavidyalaya, Kuamara. He has approached this Court for quashing the order dated 6-1-1999 (Annexure-1) of the appellate authority, who, while rejecting the petitioner's appeal has affirmed the order of the Director, Higher Education, Orissa dated 6-7-1998 (Annexure-10) refusing to grant permission for opening of + 2 Science stream; increase of seats from 192 to 256 in + 2 Arts of the existing college and opening of new subjects -- 'Education' with 64 seats from the session 1992-93. 2. The facts as appear from the record are that the institution in question was established in the year 1981. It got concurrence on 15-11-1986 and was admitted to the grant-in-aid fold with effect from 1-6-1994. Initially, the institution had + 2 Arts stream. But according to the petitioner, in view of the heavy demand from the public, it opened a + 2 Science stream from the academic session 1992-93. Though the students of ...
Steel Authority of India Ltd., Rourkela Steel Plant Vs. Smt. Jema
Court: Orissa
Decided on: Sep-08-1999
Reported in: (2000)IIILLJ680Ori
P.K. Misra, J.1. The Employer, the Steel Authority of India Ltd., has filed this appeal under Section 30 of the Workmen's Compensation Act (In short, the 'Act') against the decision of the Workmen's Compensation Commissioner, Rourkela (in short, the 'Commissioner') awarding a sum of Rs. 58,480/- to the claimant-respondent the widow of late Madhusudan, who is alleged to have expired in an accident arising out of and in course of his employment under the present appellant.2. The accident occurred on April 7, 1990. The deceased was admittedly employed as a Crane Operator in the Central Store of the appellant. On April 7, 1990, he was in general shift duty from 8.00 a.m. to 5.00 p.m. with lunch break of one hour between, 1.00 p.m. to 2.00 p. m. It is alleged by the claimant that during lunch break the deceased was coming to the house for lunch on his cycle and met with an accident on the way being dashed by a scooterist as a result of which he sustained head injury and was removed to the h...
Ramesh Das Vs. State of Orissa
Court: Orissa
Decided on: Sep-08-1999
Reported in: 2000(1)ALT(Cri)3; 88(1999)CLT487; 2000CriLJ2473; 1999(II)OLR451
R.K. Dash, J.1. The petitioner, accused of having committed an offence Under Sections 376 and 506, IPC read with Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Attrocities) Act has filed this petition praying for his release on bail.2. Shri Manoj Mishra, learned counsel appearing for the petitioner, in course of argument submitted that the charge-sheet having not been filed within 120 days from the date of remand to judicial custody, the petitioner, as of right, is entitled to bail as envisaged in proviso (a) of Sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 (for short, 'the 1973 Code'). He contended that the petitioner was remanded to custody by the learned Special Judge on 2.10.1998 and the outer limit for filing charge-sheet, that is 120 days, having expired on 1.2.1999, within which charge-sheet was not filed, the petitioner exercised his right under proviso (a) to Section 167(2) and applied to the Court for his release. The learned Spec...
Smt. Sebatilata Barik Vs. State of Orissa
Court: Orissa
Decided on: Sep-08-1999
Reported in: 89(2000)CLT230; 1999(II)OLR620
P.K. Patra, J.1. In this revision petition under Sections 397 and 401 read with Section 482 of the Code of. Criminal Procedure, 1973, petitioner Sebatilata Barik has prayed to set aside the impugned order dated 4.8.1999 passed by the learned S.D.J.M., Athagarh in Criminal Misc. Case No. 11 of 1999, rejecting her prayer under Section 457, Cr.P.C. for release of the seized vehicle.2. Learned counsel for the petitioner and the learned Addl. Standing Counsel for the State were heard at length.3. The petitioner is the registered owner of the truck bearing registration number OR-05C-3675 having National route permit. On 11.5.1999 the truck loaded with coal had been taken to Nagpur in the State of Maharashtra. On 23.5.1999 the brother-in-law of the petitioner got information that the truck had been parked near Malikeswar Temple under Govindpur Outpost in the district of Dhenkanal and that the driver and helper of the truck were not there. The brother-in-law of the petitioner lodged S.D.E.No. ...
Dhruba Charan Panda and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-08-1999
Reported in: 88(1999)CLT637; 1999(II)OLR433
A. Pasayat, Acting C.J.1. A question of universal importance revolving round the role of employer, more particularly the State Government to grant 'pension' to its retired employees is involved in this case. Several learned counsel assisted the Court in this case without any particular reference to background facts of the case at hand. The problem is of wide amplitude and grievances factually are more or less the same. After rendering years of service the employer finds from records that the employee has reached a particular age and he should retire. Immediate consequence of these is reduction in the payment made to him by the employer. Thereafter what the employee gets is normally called pension. Factual matrix as indicated above only assists in dealing with broader issues involved.2. A political society which has a goal of setting up of a welfare State, would introduce and has in fact introduced as a welfare measure wherein the retiral benefit is grounded on consideration of State ob...
Charubala Sasmal Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-08-1999
Reported in: 2000CriLJ1074; 2000(II)OLR57
P.K. Patra, J.1. In this revision, petitioner Charubala Sasmal has prayed for setting aside the order dated 22.12.1998 passed by the learned J.M.F.C. (Paradip). Kujang in Misc. Case No. 61 of 1998 arising out of 2(a)CC No.114 of 1998 and to release the Maruti (Omni) Van bearing Registration Number OR-O5F-4863 in her custody.2. The petitioner is the registered owner of the aforesaid vehicle bearing Registration Number OR-O5F-4863 and the vehicle was for her personal use as well as for the purpose of being plied as a contract carriage. On 1.12.1998 the Excise staff, while on mobile duty searched the vehicle near the P.P.L. gate at Paradip and found eight plastic jerricans each containing fifty litres of country liquor and hence seized the vehicle for illegal transportation of liquor. On the report submitted by the Inspector of Excise, Jagatsinghpur (opposite party No.2) a case was registered bearing Number 2(a) CC 114 of 1998 in the Court of the learned J.M.F.C. (Paradip), Kujang. The pe...
Manoranjan Panda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-07-1999
Reported in: AIR2000Ori36
A. Pasayat, Actg. C.J.1. Questioning nomination of Rabindranath Sharma (opposite party No. 3), as President of Aska Central Co-operative Bank Limited (in short, the 'Bank') in purported exercise of power under Section 28(g)(ii) of the Orissa Co-operative Societies Act, 1962 (in short, the 'Act') by order dated 6-2-1996 by the Registrar of Cooperative Societies, Orissa, this writ application had been filed on 6-5-1998. Subsequently the said opposite party No. 3 was elected as President of the Bank, which is also challenged by amending the writ application.2. Petitioner's case is that with effect from 16-8-1995 opposite party No. 3 was functioning as Additional Government Pleader, Aska in the district of Ganjan on the basis of Government letter No. 11234 dated 16-8-1995, and held office of profit making him disqualified to be either nominated or elected as the President. A reference in this context is made to Section 28(3)(j) of the Act. According to learned counsel for opposite party No...
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