Orissa Court April 2000 Judgments
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Santosh Kumar Mohanta and ors., Etc. Vs. Council of Higher Secondary E ...
Court: Orissa
Decided on: Apr-07-2000
Reported in: 89(2000)CLT760
P.C. Naik, J. 1. In these two writ applications, which were heard on separate dates, the prayers made being similar, they are disposed of by this common judgment. 2. These two writ applications have been filed for issuance of an appropriate writ, direction or order quashing the notification of the Council of Higher Secondary Education, Orissa, revising the results of the candidates in Science stream of Gourishankar Mahavidyalaya, Khadiasole. Mayurbhanj by invalidating their results and the Notification No. 8937 invalidating the results of the candidates of Commerce stream. 3. The facts in brief are that out of the petitioners in O.J.C. No. 11834 of 1999, petitioners 1 to 4 belong to Science stream and petitioners 5 to 9 belongs to Commerce stream. It is their case that after making due inquiry that the institution in question was permitted, recognised and approved, they had taken admission in the Science/Commerce stream. Accordingly, they had completed the course and appeared at the An...
Jagannath Sahoo and anr. Vs. State of Orissa
Court: Orissa
Decided on: Apr-06-2000
Reported in: 2000(II)OLR18
P.K. Patra, J. 1. The appellants in both the appeals have assailed the judgment dated 3.2.1992 passed by Shri. S.P.Acharya, First Additional Sessions Judge, Cuttack in Sessions Trial No. 172 of 1991. In Criminal Appeal No.65 of 1992 appellant Pravakar Rath alias Bikali Rath has been convicted under Section 302/109 of the Indian Penal Code (for short 'IPO and sentenced to undergo rigorous imprisonment for life. In Jail Criminal Appeal No. 128 of 1992 appellants Jaganath Sahoo and Sukanta Sahoo have been convicted under Sections 302/34, IPC and 337/34, IPC and have been sentenced to undergo rigorous imprisonment for life on the first count and no separate sentence has been passed on the second count.2. Prosecution case in brief may be stated as follows :Jaganath Sahoo, appellant No. 1 in Jail Criminal Appeal No. 128 of 1992 is the father of Sukanta Sahoo, appellant No.2 in the said appeal. Pravakar Rath alias Bikali Rath, the appellant in Criminal Appeal No. 65 of 1992, is the neighbour ...
Sitaram Rice Mill Vs. Orissa State Financial Corporation
Court: Orissa
Decided on: Apr-06-2000
Reported in: 90(2000)CLT237; 2000(I)OLR618
P.K. Misra, J.1. The debtor has filed this appeal. Proceeding was initiated Under Section 31 of the State Financial Corporation Act, 1951. The District Judge has found out the liability of the debtor and directed for realisation of the amount by selling the property mortgaged. The said order is under challenge in this appeal.2. In course of hearing, the respondent was called upon to produce the copy of the accounts/ledger maintained by the Corporation. The counsel for the appellant has submitted a chart indicating that there have been many mistakes in the accounts furnished by the Corporation. The counsel has also argued that pendente lite and future interest is not payable. The counsel for the Corporation, on the other hand, has tried to explain the various discrepancies in the accounts. Prima facie, it appears that the accounting done by the O.S.F.C. requires to be clarified. Unless the matter is remanded to the District Judge, the parties may not get proper opportunity of explaining...
Anita Padhy Vs. Berhampur University and ors.
Court: Orissa
Decided on: Apr-04-2000
Reported in: AIR2000Ori121; 89(2000)CLT771
P.C. Naik, J.1. The challenge in this writ application is to Annexure-6, the order dated 24-8-1999 passed by the Vice-Chancellor, Berhampur University, withdrawing the employees quota in admission to the Post-Graduate Departments of the Berhampur University and directing that henceforth no seat for the children of the employees of the University will be reserved in any Post-Graduate or Diploma Course of the University.2. The facts giving rise to this writ application may be briefly stated thus.The petitioner is the daughter of an employee of the Berhampur University who at the relevant time was posted as the Administrative Officer. For the academic session 1999-2000, she had submitted her application for appearing at the entrance examination for admission to the Master in Computer Application Course and had appeared at the said examination. It is her case that in view of Clause-VIII(f) of the Prospectus, she being the daughter of an employee of the University, ought to have been admitt...
Executive Engineer, Orissa Lift Irrigation Division Vs. Presiding Offi ...
Court: Orissa
Decided on: Apr-04-2000
Reported in: [2000(85)FLR632]; (2000)IILLJ421Ori
P.C. Naik, J.1. What is assailed in this writ application is the ex-parte award dated October 18, 1995 passed by the Presiding Officer, Labour Court, Bhubaneshwar, setting aside the order of termination of the workman (opposite party No. 2 herein) with a direction to reinstate the said workman (opposite party No. 2) with full back-wages.2. The facts, in short, are that opposite party No. 2 was an N.M.R. employee under the Executive Engineer, Orissa Lift Irrigation Corporation, Dhenkanal. It is not disputed that he was on the rolls from 1982 on 89 days basis. He continued as such till May 17, 1987. On May 17, 1987, while working as such in the Store Yard, he was detected removing electric wire cables therefrom. A departmental enquiry was conducted and after due enquiry, he was not allowed to work under the Establishment and his services as an N.M.R. Watcher were terminated. Aggrieved with the said order of termination, opposite party No. 2 - workman made several approaches to the petiti...
Pratap Rudra Mishra Alias Pratap Chandra Mishra Vs. Susanta Kumar Hota ...
Court: Orissa
Decided on: Apr-04-2000
Reported in: 89(2000)CLT725; 2000(I)OLR526
Laxmikanta Mohapatra, J.1. This is an application Under Section 482. Cr.P.C. for quashing the order taking cognizance dated 6.9.1 999 passed by the Special Judge, Ganjam, Berhampur Under Section 7 of the Essential Commodities Act for contravention of Clause 3 of the Orissa Rice and Paddy Control Order, 1965 (for short, 'the Control Order').2. Facts leading to submission of the prosecution report are that on 20.11.1998 about 8 p.m. while the opposite party was returning from Buguda to Bhanjanagar along with Sub-Collector, Bhanjanagar, A.C.S.O., Bhanjanagar, and the Inspector of Supplies, Buguda, he found a loaded truck bearing registration No. MP-26-D/4289 going towards Balipadara. He detained the truck on the main road near control Check Gate No. 1, Buguda N.A.C. and found 90 packets each weighing 50 kgs. of common boiled rice on the said truck. On interrogation the driver of the truck said that he had loaded 90 packets of rice at Aska. Nuagaon on 20.11.1998 at 5 p.m. and was transport...
Lakhiram Agarwal Vs. C.R. Dash, Food Inspector
Court: Orissa
Decided on: Apr-04-2000
Reported in: 89(2000)CLT746; 2000(I)OLR568
L. Mohapatra, J.1. The petitioner in this revision challenges the order dated 10.12.1999 passed by the learned S.D.J.M., Bolangir. framing charge against him Under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act.2. On 26. 11.1993 the Food Inspector, Bolangir District Inspected, the shop of M/s. Amarchand Lakhiram. During inspection, the said Food Inspector suspected some food items, such as Farex Veg., Dalda (Vanaspati) and Britannia Good-Day Biscuits stored for sale, to be adulterated. He served a notice in Form VI, disclosing his intention to analyse the articles by the Public Analyst and purchased 3 packets of Farex Veg of 400 grams each manufactured by Glaxo India Ltd., 3 packets of Dalda and 15 packets of Good-Day biscuits in presence of witnesses. All the aforesaid materials were sealed and sent to Public Analyst. On 15.1.1994 the said Food Inspector received the analysis report No. 7/94 from the Local Health Authority and Chief District Medical Officer, Bolangir i...
Nagarjuna Sethi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-03-2000
Reported in: AIR2000Ori108; 2000(I)OLR580
B.P. Das, J. 1. The petitioner, a practising advocate of this Court, has filed this writ petition in the interest of the public bringing to the notice of this Court a news item published in the New Indian Express on 23-9-1999 vide Annexure-1, wherein it was stated that the Chairman of the Orissa State Administrative Tribunal (shortly 'the Tribunal') passed an order to its Principal Bench at Bhubaneswar against which the members of the Orissa State Administrative Tribunal. Bar Association (shortly the Association') decided to send memoranda to the President of India, Chief Justice of India, Chief Justice of Orissa as well as the Law Ministry. 2. The petitioner in the present writ petition alleges that this is not the solitary incident but there were repeated disturbances in the past and there are instances of mal-administration against which protest was lodged by the practising lawyers at various point of time. The prayer in the writ petition is to direct opposite party Nos. 3 and 4 i.e...
Rabindra Kumar Mohanty Alias Bada Kairu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-03-2000
Reported in: 2000CriLJ3294; 2000(I)OLR535
B.P. Das, J.1. The petitioner in this writ petition for habeas corpus challenges the order detaining him Under Section 3(2) of the National Security Act, 1980 (in short, 'the Act').2. The case of the petitioner is that the order of detention dated 29.5.1999 passed by the District Magistrate, Sambalpur, opposite party No. 2 (Annexure-1) and the grounds of detention, both English and Oriya, were served on him on 30.5.1999. It is stated that the cases referred to in the grounds of detention relate back to 1995, 1996 and 1997 and the same were stale cases and that there is no nexus between those cases and the impugned order of detention. Further, the offences alleged in those cases were directed against some individuals. In other words, the petitioner tries to make out a case that the allegations made therein purely relate to law and order and not public order. The other ground on which the impugned order of detention is challenged is that while the order of detention was passed on 29.5.19...
Harish Chandra Panda Vs. Saria Alias Sarada Dash and anr.
Court: Orissa
Decided on: Apr-03-2000
Reported in: 2000(I)OLR522
C.R. Pal, J.1. This petition invoking the inherent jurisdiction of the Court has been filed to set aside the order dated 3.6.1 999 passed by the learned Additional Sessions Judge, Jajpur in S.T. Case No. 53 1/98 refusing to recall some of the prosecution witnesses for re-examination in order to prove certain portions of the letters which have already been marked as exhibits.2. The case giving rise to this petition is as follows :On the information lodged by this petitioner who happens to be the brother of the deceased a case Under Sections 498A. 302, 304B, l.P.C. and Under Sections 3 and 4 of the D.P. Act was registered against the opp. parties 1 and 2 who are respectively the mother-in-law and husband of the deceased. After submission of charge sheet, the case was committed to the Court of Session and is now pending before the learned Additional Sessions Judge, Jajpur for trial. In course of trial while examining the witnesses prosecution proved certain letters said to have been writt...
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