Orissa Court September 2000 Judgments
Sk. Sahid Vs. Smt. Tehera Husna
Court: Orissa
Decided on: Sep-28-2000
Reported in: AIR2001Ori6; 91(2001)CLT166
B.P. Das, J. 1. This Miscellaneous appeal is directed against an order dated 10-8-2000 passed by the learned Civil judge (Senior Division), Balasore on an application filed under Order 39, Rule 6 of the Code of Civil Procedure (herein after referred to as 'C. P. C.'), registered as Misc. Case No. 453 of 2000 arising out of Money Suit No 35 of 2000.2 The brief fact leading to this appeal as stated by the learned counsel for the appellant was that an application under Order 38. Rule 5. C. P. C. was filed by the present respondent who as plaintiff filed a suit in the court below for recovery of an amount of Rs. 6,50,000/- from the present appellant who was the defendant in the said suit. According to the appellant the order of conditional attachment passed by the learned Civil Judge is illegal and contrary to the provisions of Order 38, Rule 5, sub-Rule (4), C. P. C..3. The case of the plaintiff-respondent, is that in pursuance of an agreement dated 17-12-1997 the defendant-appellant took...
Tag this Judgment!Bijaya Kumar Sahoo Vs. Grid Corporation of Orissa and Others
Court: Orissa
Decided on: Sep-28-2000
Reported in: 91(2001)CLT301; (2000)IIILLJ308Ori
L. Mohapatra, J.1. The petitioner in this writ application, has challenged the award passed by the Presiding Officer, Labour Court, Bhubaneswar, wherein the reference in relation to termination of the petitioner Has been answered in the negative.2. The case of the petitioner is that he was selected in an interview conducted by opposite party No.2 for undergoing training as a clerk (general) and the Principal of. I.T.I Puri, recommended the name of the petitioner to undergo the said training. Pursuant :to the recommendation of the Principal as well as on being selected, the petitioner took the training from 21-11-85 to 21-11-86 and during the training period he was getting monthly stipend. 'After completion of the traiping the petitioner requested opposite party No. 2 to allow him to work on casual basis. Though the petitioner was being paid remuneration on signing the payment slips, he was not allowed to sign the Attendance Register and he was being paid wages as N.M.R. worker. The pet...
Tag this Judgment!Executive Engineer (Elecl.), Bhubaneswar City Distribution Division, C ...
Court: Orissa
Decided on: Sep-28-2000
Reported in: (2001)ILLJ302Ori
L. mohapatra, J.1. The petitioner in this writ application has challenged the award of the Labour Court. Bhubanesvvar dated July I, 1997 holding that the termination of the services of the opposite party No. 2 is illegal and unjustified and further directing the petitioner to reinstate the opposite party No. 2 with 50% back wages.2. Case of the opposite party No. 2 is that he was given appointment in the post of N.M.R. in the year 1984. He continued in the said post without break till April 30, 1987. On May 1, 1987 when he had gone to attend to his duties the petitioner refused to allot any work to him and thereafter in spite of repeated requests also the opposite party No. 2 was not given any work. He had made representations to the higher authorities and having failed everywhere a dispute was raised. After failure during conciliation a reference was made to the Labour Court. The Reference runs as follows:'Whether the action of the Management of Bhubaneswar City Distribution Division ...
Tag this Judgment!Saila Behari Mohanty Vs. Orissa State Road Transport Corporation and O ...
Court: Orissa
Decided on: Sep-28-2000
Reported in: 92(2001)CLT280
L. Mohapatra, J.1. The petitioner was appointed as an Assistant Foreman in the Orissa State Road Transport Corporation ('the Corporation', for short) on 17-4-1980 which is a class III post. Subsequently he was promoted to the post of Assistant Works Engineer which is a class II post, having been selected by the Corporation Selection Board, and was appointed on 1-5-1986 on probation for a period of one year, After completion of the probation period while he was continuing in the said post as Assistant Works Engineer. For certain period he was directed to remain in charge of the post of D. T. M. (A) at Dhenkanal and was appointed as Drawing & Disbursing Officer by order dated 31-10-1986 of the Chairman of the Corporation. The Managing Director of the Corporation drew up a departmental proceeding against the petitioner while he was working as D.T.M, for certain alleged misconduct, in the month of November, 1988. The said order of the Managing Director was challenged by the petitioner in t...
Tag this Judgment!Pranabandhu Behera and Another Vs. District Judge, Balasore and Anothe ...
Court: Orissa
Decided on: Sep-28-2000
Reported in: 92(2001)CLT300
L. Mohapatra, J.1. Petitioner No. 2 is the son of petitioner No. 1. Petitioner No. 1 was appointed as a Process Server in the year 1965 under the District Judge, Balasore, While he was continuing as such in the office of the Judicial Magistrate, First Class, Jaleswar, be suffered from knee joint pain, chest pain and diabetes and was forced to remain on leave with effect from 7-12-96. By letter dated 20-12-96 the petitioner requested opposite party No. 1 to get himself examined by the Chief District Medical Officer ('C.D.M.O.', for short) for the purpose of taking retirement on the ground of invalidation, By order dated 3-2-97 opposite party No. 2 directed the petitioner to get himself examined by the C. D. M. O., Balasore, and produce the medical certificate and the C. D. M. O. was also requested to examine petitioner No. 1. After examination, a report was submitted by the C. D. M. O. stating that the petitioner was suffering from chronic rheumatoid arthritis, diabetes, etc. and comple...
Tag this Judgment!Shree Ganesh Roller Mills Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-28-2000
Reported in: 92(2001)CLT110
Ch. P. K. Misra, J. 1. The petitioner has established a small scale industrial unit for manufacture of Besan having the installed capacity of 1800 metric tons at B-28, Industrial Estate, Madhupatna, Cuttack, which is evident from the Permanent Registration Certificate issued by the General Manager, District Industries Centre, Cuttack as per Annexure-2. The petitioner is entitled to exemption from payment of tax on purchase of raw materials, spare parts, packing materials, etc., and sale of its finished products, as pec Finance Department Notification dated 13-2-1987, which is evident from serial number 26-D(iii) and 30-FF of the list of tax free goods, provided the petitioner's industry does not fall within the 31 categories of items mentioned in the said list. Serial number 2 of the said ineligibility is with regard to flour mill. As required under the guide lines, the Director of Industries has also issued necessary eligibility certificate for purchase of raw materials, spate parts a...
Tag this Judgment!Kanhu Charan Jena Vs. Smt. Nirmala Jena
Court: Orissa
Decided on: Sep-28-2000
Reported in: 90(2000)CLT707; I(2001)DMC272
P.K. Misra, J. 1. Both these cases have been filed by the husband challenging the legality of the order of maintenance passed in favour of the wife. The opposite party had filed an application under Section 125, Code of Criminal Procedure. The Magistrate after negativing the plea of the husband and accepting the plea of the wife directed for payment of maintenance at the rate of Rs. 500/- per month from the date of the order. Against the aforesaid order, the present opposite party filed Criminal Revision No. 25/98 before the Sessions Judge, Khurda, mainly on the ground that the Magistrate should have directed for payment of maintenance from the date of application and not from the date of the order. The aforesaid contention was accepted by the Sessions Judge who directed that such maintenance should be paid from the date of the application.2. This order is being challenged in Criminal Misc. Case No. 451/99. The husband has also filed connected Criminal Revision No. 385/98 challenging t...
Tag this Judgment!Madhu Naik Vs. State of Orissa
Court: Orissa
Decided on: Sep-25-2000
Reported in: 2001(I)OLR33
R.K. Patra, J.1. The appellant has been convicted Under Section 302 of the Indian Penal Code (for short, 'I.P.C.') and sentenced to suffer rigorous imprisonment for life for having committed the murder of his wife Alima by pouring kerosene on her person and setting her aflame.2. Case of prosecution as-emerging from the F.I.R. and the evidence on record is as follows :The appellant is a resident of Bhandisahi in Koraput town and has left out some of his rooms to P.Ws.2 and 3 on monthly rent. On 5.9.1 991 in the evening the appellant quarrelled with his deceased wife, snatched away Rs. 2/- from her and left the house. At about 6.30 p.m. he returned home being drunk and asked his deceased wife who was sitting in front of the kitchen to pay him some money. When the deceased refused to pay him any money, the appellant poured kerosene on her body and set fire by a lamp (Dibiri) which was burning. The deceased came out of the house burning and shouted that her husband, the appellant, set fire...
Tag this Judgment!Special Land Acquisition Collector Vs. Chhala Sahu and anr.
Court: Orissa
Decided on: Sep-25-2000
Reported in: 2000(II)OLR579
P.K. Tripathy, J.1. This appeal under Section 54 of the Land Acquisition Act, 1894 (in short, 'the Act') has been filed by the Special Land Acquisition Collector, Dhenkanal challenging the award dated 8.5.1995 in Land Acquisition Misc. Case No. 126 of 1991 of the Court of Subordinate Judge, Talcher. 2. Claimant (s) is/are Respondent No (s) 1. The General Manager, National Thermal Power Corporation Limited (in short 'NTPC') at Talcher having been permitted to intervene has been added as Respondent No. 2-.3. While hearing the appeal on merit, a contention having been raised by Respondent No. 2 regarding non-affording reasonable opportunity of hearing to him to contest the claim of the claimants relating to the valuation of the land and determination of the amount of compensation, he urges to afford an opportunity to adduce proper evidence in that context. Mr. Jayanta Das, learned Senior Counsel appearing for the NTPC inviting attention of this Court to the ratio in the case of M/s. Neyve...
Tag this Judgment!Dibakar SwaIn Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-22-2000
Reported in: 90(2000)CLT781; 2000(II)OLR577
ORDERP.K. Misra, J1. Heard Mr. G. C. Patnaik for the petitioner, learned Addl. Standing Counsel for opposite parties 1 to 3 and learned counsel appearing for some other opposite parties: 2. During consolidation proceeding, the disputed land was recorded in the name of the State. The present petitioner filed objection claiming that the disputed land had been given on lease by the ex-intermediary to the vendor of the petitioner and subsequently purchased by the present petitioner. By the time the matter was taken up by the Consolidation Officer, Second Appeal No. 203/78 relating to the very same land involving the very same question was pending in the High Court. Keeping in view the aforesaid aspect, the Consolidation Officer directed : '.........Hence I am inclined to hold the view that unless a finalorder is passed by the Hon'ble Orissa High Court, no final decisioncan be taken by the Consolidation authorities.......'On the aforesaid premises, he passed an order disallowing the claim. ...
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