Orissa Court January 2000 Judgments
Bhubaneswar Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-31-2000
Reported in: AIR2000Ori88; 2000(I)OLR370
B.P. Das, J.1. This is an application by one of the representatives of the parents of the students of the Sainik School, Bhubaneswar, questioning the legality of enhancement of the tuition and diet charges of the students.2. Briefly stated, the facts leading to the present writ petition are : The Sainik School at Bhubaneswar is one of the 18 Sainik Schools existing throughout India and the same was created under the control of the Ministry of Defence for the purpose of educating the students of different income groups of the society and to train them to become Sainiks. It is stated that at the time of admission of students, it was given to understand by the authorities of the School that Government would provide scholarship basing upon the income of the parents and the parents considering the said scholarship of the Government got their children admitted in the school. But the parents whose children were not eligible to get any scholarship, considering the total expenditure to be incur...
Tag this Judgment!Prafulla Chandra Samantaray Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-31-2000
Reported in: AIR2000Ori120; 2000(I)OLR430
Pradipta Ray, J. 1. In this writ petition, the petitioner has assailed an order passed by the Collector, Khurda removing him from the office of the Sarpanch, Baghmari Grama Panchayat in exercise of power conferred by Sub-Section (6) of Section 115 of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Act') as communicated by Memo No. 438/GP dated July 26, 1999.2. Admittedly, the petitioner was elected as the Sarpanch, Baghmari Grama Panchayat in the district of Khurda. He was arrested on February 26, 1999 in connection with the investigation of a criminal case in which he was an accused and remanded to jail custody till March 11, 1999 and thereafter again till June 14, 1999. While in custody he handed over charge to the Naib Sarpanch on March 10, 1999. It appears from the enquiry report submitted by the District Panchayat Officer that the petitioner also intimated the said fact of handing over charge to the Block Development Officer, Begunta by his letter No. 38 date...
Tag this Judgment!Ashok Dalwai Vs. Radhanath Pradhan Alias Bulu
Court: Orissa
Decided on: Jan-31-2000
Reported in: 90(2000)CLT169; 2001CriLJ3685; 2000(I)OLR401
ORDERP.K. Tripathy, J.1. Heard. On consent of the parties this case is disposed of at the stage of hearing on admission.2. Both the above two applications Under Section 482, Cr.P.C. have, been separately filed by the two accused persons in I.C.C. No. 32 of 1 993 of the Court of S.D.J.M., Bhawanipatna with the prayer to quash the order of cognizance. Accused No. 1 Sri Ashok Dalwai has filed Criminal Misc. Case No. 751 of 1996 and accused No. 2 Smt. Arti Ahuja has filed Criminal Misc. Case No. 905 of 1996. Analogous hearing of both the Criminal Misc. Cases is taken up as desired by the parties and this common judgment shall abide the result in both the cases.3. On 28.8.1993 petitioner Ashok Dalwai, the then Collector of Kalahandi was holding grievance cell and the other officers including Smt. Arti Ahuja, the then Sub-Collector of Bhawanipatna Subdivision were present in that grievance cell. The complainant-opposite party had gone there to put forth his grievance in that grievance cell. ...
Tag this Judgment!Narendra Chand Mehta Vs. State of Orissa
Court: Orissa
Decided on: Jan-31-2000
Reported in: 2000(1)ALT(Cri)23; 89(2000)CLT680; 2000CriLJ2513
ORDERP.K. Tripathy, J.1. Petitioner is one of the accused persons in G.R. Case No. 315 of 1987 pending in the file of Chief Judicial Magistrate, Cuttack. He has filed this application under Section 482 Code of Criminal Procedure, 1973 (in short 'the Code') challenging the order dated 8-12-1997 of learned Chief Judicial Magistrate who passed that order framing charge against the petitioner for the offences punishable under Section 420, 468, 471 and 409/109, I.P.C.2. The background facts may be noted in gist. One Ramakant Modi filed a complaint registered as I.C.C. Case No. 15/87 in the Court of Subdivisional Judicial Magistrate (Sadar) Cuttack. He alleged that he booked for a Matador delivery Van worth Rs. 1,02,779.33 paise with M/s. Bajaj Tempo Limited through M/s. Jagannath Motors Pvt. Ltd.. Cantonment Road, Cuttack by producing a Bank draft for the said amount vide the Draft No. 0077776 dated 27-9-1986. Accused No. 1 T.V.S. Mani and accused No. 2 Jackson Das of M/s. Jagannath Motors ...
Tag this Judgment!Dr. Nishant Poddar Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-28-2000
Reported in: AIR2000Ori77; 89(2000)CLT264; 2000(I)OLR392
L. Mohapatra, J. 1. The petitioner in this writ application challenges the intimation under Annexure-3 cancelling the call letter for counselling to take admission into the Post Graduate Course in medical colleges of the State,2. The case of the petitioner is that the prospectus for selection of candidates for Post Graduate Course in Government medical colleges of Orissa along with application forms were published and made available for sale with effect from 3-8-1998. The petitioner purchased the form and submitted the SAme where after an admit card was issued to him with Roll No. 3466. The petitioner appeared in the examination held on 29-8-1999 and on 9-10-1999 the results were declared and the petitioner was placed at SI. No, 37 in the merit list. Vide letter dated 11-10-1999 the petitioner was directed to appear personally for counselling which is the subject matter of Annexure-2. Though the counselling was scheduled to be held on 27-10-1999 and 28-10-1999. the petitioner received ...
Tag this Judgment!Narmada Deo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-28-2000
Reported in: 2000(I)OLR193
ORDER1. The petitioner Narmada Deo being felt aggrieved by the order dated 5. 8. 1999 (Annexure-12) passed by the Orissa Administrative Tribunal, Bhubaneswar in O. A. No. 1320 of 1999 has filed this writ petition. By the said order the Tribunal has quashed the order of transfer of the petitioner Narmada Deo as well as opposite party No. 4 Swarna Manjari Nayak with certain observation.2. It appears that by office order No. 10828/WCD dated 16. 6. 1999 (Annexure-1), opposite party No. 4 Swarna Manjari Nayak was transferred from Khaira to Phulbani as Child Development Project Officer (for short, 'CD. P. O. ') and in her place petitioner Narmada Deo was posted on being transferred from Oupada. Opposite party No. 4 Swarna Manjari Nayak filed O. A. No. 1320 of 1999 before the Orissa Administrative Tribunal, Bhubaneswar assailing the aforesaid order of her transfer from Khaira to Phulbani. The Tribunal on 25. 6. 1999 while issuing notice on admission directed stay of her transfer. After the pa...
Tag this Judgment!Gangadhar Bhuyan and 6 ors. Vs. Bijay Kumar Mishra
Court: Orissa
Decided on: Jan-28-2000
Reported in: 89(2000)CLT830; 2000(I)OLR488
ORDERP.K. Tripathy, J.1. Heard learned counsellor the petitioner. Opposite party did not appear in spite of service of notice. On being requested, Sri R.R. Patnaik, a learned counsel of this Court addresses this Court as amicas curiae.2. Petitioners, after being convicted by the J.M.F.C., Kendrapara in I.C.C. Case No. 112 of 1989/T.R.No. 31 of 1993 for the offences Under Sections 447 and 379, I.P.C. and having failed to obtain order of acquittal from the Court of Additional Sessions Judge, Kendrapara in Criminal Appeal No. 109/25 of 1993, have preferred this revision, challenging the judgment and order of conviction recorded by the Courts below.3. The opposite party/complainant claiming to be in possession of plot No. 501 of Khata No. 258 in Mouza Ganeshpur measuring an area of A0.22 decimals alleged that on 25.4.1989 in the morning at 7 a.m., the petitioners trespassed into that plot and uprooted and removed the green gram crop grown by the opposite party. After considering the materi...
Tag this Judgment!Trinath Behera Vs. Rama Chandra Sethy and ors.
Court: Orissa
Decided on: Jan-25-2000
Reported in: AIR2000Ori92
ORDERC.R. Pal, J.1. This Misc. Case arises out of Election Petition No. 9 of 1995 at the instance of respondent No. 1 praying to take up the Issue No. 9 as a preliminary issue.2. The petitioner has filed the election petition challenging the election of the respondent No. 1 to the Orissa Legislative Assembly from 74 (S.C.) Gopalpur Constituency in the election held oh 9-3-1995 on the grounds that the respondent No. 1 adopted corrupt practices during that election as enumerated in the election petition. The respondent No. 1 on receiving the notice along with copy of election petition filed his written statement contending, inter alia, that the election petition as laid is not maintainable both on facts and in law; there has been no compliance of the requirements of Sections 81, 82 and 117 of the Representation of the People Act, 1951 the election petition is defective the same having not been properly attested; the petition is not in proper form and that the affidavit in support of alle...
Tag this Judgment!Sabitri Mallick and ors. Vs. Haladhar Bhuyan and anr.
Court: Orissa
Decided on: Jan-25-2000
Reported in: 2001ACJ2002; 2000(I)OLR347
P.K. Misra, J.1. The claimants have filed this appeal Under Section 173 of the Motor Vehicles Act, 1989 (hereinafter referred to as the 'Act').2. Appellant No. 1 is the widow and appellants 2 to 4 are the sons of late Rama Chandra Mallick, who died in an accident dated 12.6.1985 involving the truck bearing No. ORJ 7213 belonging to present respondent No. 1. The Tribunal found that the accident occurred due to the negligence of the driver of the truck. It was held that sum of Rs. 2,00,000/- was payable as compensation but as the claimants had only claimed Rs. 1,00,000/- they were entitled to the amount claimed by them. It was further found that the owner would be liable to pay the compensation as the deceased was travelling unauthorisedly as a passenger in the truck and such liability was not covered.3. The present appeal has been filed by the claimants claiming higher compensation. It is also claimed that the liability should be borne by the Insurance Company.4. The Tribunal has found ...
Tag this Judgment!Laxmidhar Mahalik and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-21-2000
Reported in: 89(2000)CLT316; 2000(I)OLR226
P.C. Naik, J.1. The challenging in this writ application is to the order dated 31-1-1991 passed by the Additional District Magistrate (LR), Balasore, in O.L.R. Appeal No. 13 of 1989 whereby the order dated 23-2-1988 passed by the Revenue Officer, Bhadrak, in O.L.R. Case No. 17 of 1988 under Section 23 of the Orlssa Land Reforms Act, 1960 (in short, 'the Act') declaring the sale deed dated 18-2-1969 void and inoperative, was set aside.2. The ease of the petitioners, who are Harijans by eastern, is that they being in urgent need of money, wanted to sell separate portions of lands to persons belonging to non-scheduled caste category. Accordingly, two separate applications - one by petitioners 1 and 2 (O.L.R. Case No. 254 of 1968) and the other by petitioner No. 3 (O.L.R. Case No. 260 of 1968) for permission under Section 22 of the Act were filed. Permission sought for was, however, rejected. But, according to the petitioners, on a mis-representation being made that permission had in fact ...
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