Orissa Court January 2001 Judgments
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Rabi Shankar Tripathy Vs. Minerals and Metals Trading Corporation of I ...
Court: Orissa
Decided on: Jan-19-2001
Reported in: 2001(I)OLR361
L. Mohapatra, J.1. The legality of the order passed by the disciplinary authority directing a fresh inquiry to be held is under challenge before this Court.2. The petitioner while working as Office Manager in the opposite party No. 1 Corporation, was directed by letter dated 24th April, 1991 to submit documentary evidence proving existence of sisters on the ground that a complaint had been received that even though the petitioner had no sisters, he had drawn marriage advances twice and the family particulars furnished by the petitioner indicated five sisters and two brothers. Not being satisfied with the reply given by the petitioner, a decision was taken to initiate a departmental proceeding and a memorandum of charges was framed in 1992. The petitioner submitted his written statement of defence denying the allegation made in the memorandum bf charges and on 31-3-1992 an Inquiry Officer was appointed to enquire into the charge. The inquiry continued from day to day and was concluded o...
Banalata Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-19-2001
Reported in: 92(2001)CLT136
P.K. Misra, J.1. These two applications filed under section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'), have been filed by the very same petitioner for appointment of Arbitrator to decide the disputes arising in respect of two separate contracts. Since the main question to be decided in the two applications is the same, both the matters are being disposed of by this common judgment.2. The main question which arises for determination is as to whether there is an arbitration clause in the two contracts. The essential terms of both the contracts are same. The petitioner relies upon Clause-11 of the F2 Agreement and contends that such Clause contains provision relating to arbitration. Clause-11 of the Conditions of Contract is extracted hereunder :--'Clause-11. The Engineer-in-Charge shall have the power to make any alterations in or additions to the original specification, drawings, designs and instructions that may appears to him necessary and a...
Sri Sri Lingaraj Mahaprabhu Vs. Sudam Charan Kanungo and Others
Court: Orissa
Decided on: Jan-19-2001
Reported in: 91(2001)CLT445
P. K. Misra, J.1. Plaintiff has filed this appeal against a confirming decision. The suit was filed for declaration of title of the plaintiff and for confirmation of possession, or in the alternative, recovery of possession of the disputed land measuring Ac. 0890 decimals in plot No. 3901 of Khata No. 1878. There is no dispute that the disputed land originally belonged to the plaintiff The said land vested in the State Government by virtue of Notification No. 13699/R, dated 18-3-1974 under section 3-A of the Orissa Estates Abolition Act. The plaintiff had filed O. J. C. No. 1075 of 1974 challenging the validity of the said Notification, which was dismissed on 8-2-1977. Subsequently, by order dated 7-9-1983 in O.E.A. Case No. 27 of 1983. the Member, Board of Revenue, settled Ac. 8.649 decimals of land including the disputed land in favour of the plaintiff in exercise of poweis under section 7-A of the Orissa Estates Abolition Act. Defendant No. 1 was not a tenant. However, he was a rank...
Bhagaban Panda and Six ors. and Vs. State of Orissa
Court: Orissa
Decided on: Jan-18-2001
Reported in: 92(2001)CLT147; 2001(I)OLR352
P.K. Patra, J.1. These two appeals arise out of the judgment dated 27-3-1991 passed by Shri B. Khadanga, Sessions Judge, Mayurbhanj, Batipada in S. T. No. 68 1990 convicting the seven appellants in Criminal Appeal No. 98 of 1991 and one appellant in Criminal Appeal No. 115 of 1991 under sections 148, 325/149 and 323/149 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and sentencing each of them to undergo rigorous imprisonment for six months under the first count and for two years under the second count with direction that thesentence would run consecutively while passing no separate sentence under the third count.2. Prosecution case, briefly stated, runs as follows :--On 15-4-1989 at about noon when p. w. 4 was returning to his house in village Mahulpatna undet Baisinga police station in the district of Mayurbhanj from Basanti Mandap in the nearby village Bachhuripada, Sanatan Acharya, the appellant in Criminal Appeal No. 115/1391 restrained him and assaulted him by dea...
Smt. Anjali Bala Giri Vs. State of Orissa and Others
Court: Orissa
Decided on: Jan-15-2001
Reported in: 2001(I)OLR201
L. Mohapatra, J.1. The petitioner who is working as a Lecturer in Oriya, has filed this writ application challenging the action of opposite parties 1 and 2 in not approving her appointment. She has further prayed for a direction to approve her appointment and release the grant-in-aid in her favour.2. The case of the petitioner is that she was appointed by the Governing Body of the Women's College, Nabara in the district of Balasore on 13-7-1987 and she joined against the first post of Lecturer in Oriya on the same day. While continuing as such, the Governing Body of the, college passed a resolution confirming the appointment of the petitioner against the said post and the petitioner being the senior most Lecturer in the college was allowed to remain in charge of the Principal by order of theGoverning Body in the year 1987-88. The college got concurrence from the State Government with effect from the academic sessions 1989-90 and the Council of Higher Secondary Education also granted af...
Banamali Singh Vs. State of Orissa
Court: Orissa
Decided on: Jan-12-2001
Reported in: 92(2001)CLT168; 2001CriLJ1313; 2001(I)OLR249
P.K. Patra, J.1. The appellant has challenged the judgment dated 8-7-1998 passed by Shri D. K. Sahu, Sessions Judge, Balasore-Bhadrak, Balasore in S. T. No. 237 of 1997 convicting the appellant under section 376(1) Indian Penal Code (for short 'I. P. C.) and sentencing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 500/-, in default, to undergo rigorous imprisonment for a further period of two months.2. Briefly stated, the prosecution case is as follows : The informant (p. w. 2) is the father of the victim girl (p. w. 1) and the appellant (hereinafter referred to as accused') is their neighbour in village Narahatipur under Remuna Police Station in the district of Balasore. On 3-12-1996 the informant and his wife had been to the house of a relative and during their absence at about 4.00 p. m. the victim girl (p. w. 1) aged about ten years, had been to the grazing field to bring back goats. It is alleged that the accused called p. w. 1 and when ...
Parthadev Ray Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Jan-10-2001
Reported in: 92(2001)CLT71; 2001(I)OLR145
A. S. Naidu, J.1. The' petitioner challenges the order dated 14-12-98 (Annexure-3) passed by the Orissa Administrative Tribunal in Original Application No. 3057(c) of 1994.2. The dispute centres round the process of selection to the post of Fishery Production Officer in the establishment of the Director of Fisheries, Orissa. Admittedly, the post of Production Officer is an ex-cadre post. The said post fell vacant with effect from 30-6-90 due to superannuation of the incumbent who was holding the post and opposite party No. 3 was kept in charge. In the year 1994, opposite party No. 3 filed O. A. No. 3057(C) of 1994 before the State Administrative Tribunal praying for issuance of a direction to regularise him in the post with effect from 1-7-99 i. e. the date from which he is continuing as in-charge, with all consequential benefits. It was alleged in the Original Application that as the Government, without regularising the services of the applicant (opposite party No. 3), directed to fil...
Kamalini Biswal Vs. State of Orissa, Through Secretary, Deptt. of Heal ...
Court: Orissa
Decided on: Jan-09-2001
Reported in: I(2002)ACC629; 2002ACJ629; 92(2001)CLT141; 2001(I)OLR673
Pradipta Ray, J. 1. Ajit Kumar Biswal, a boy who appeared at the High School Certificate Examination, 1998 suffered serious injury in an accidental cracker explosion in the morning of June 7, 1998. He was initially treated at the local Primary Health Centre at Madhuban and ultimately forwarded to S.C. B. Medical College and Hospital at Cuttack in the evening for further treatment. Immediately after his admission an emergency life-saving operation in the trachea was done. Unfortunately the boy succumbed to his injury, at about 11.55 p.m. in the night. The said boy was the only son of the present writ petitioner, a widow. A post mortem examination was held. Post mortem report revealed that a triangular shaped foreign body (broken clay) of size 1.5 C. M. x1C.M. was found in the lumen of trachea just below the tracheostomy wound and that the death was due to asphyxia caused by the presence of foreign body in the respiratory passage.2. The writ-petitioner, mother of the deceased boy has fil...
BipIn Bihari Sahu Vs. Dr. Rajendra Kumar Sahu and ors.
Court: Orissa
Decided on: Jan-05-2001
Reported in: 2001(II)OLR214
ORDER1. The present appellant Bipin Behari Sahu as plaintiff filed Title Suit No. 20 of 1993 in the Court of the Sub-ordinate Judge, Aska for partition and other reliefs against Harihar Sahu, the predecessor-in-interest of the present respondent Nos. 1 to 5 and respondents Nos. 6 to 9 (Defendant Nos. 2 to 5). During pendency of the suit Harihar Sahu, the defendant No. 1 died. The present appellant did not take any step for substituting the heirs of said Harihar Sahu. By order dated July 15, 2000, the trial Court recorded that the suit had abated against the defendants. Against the said order, the appellant has filed this present/appeal. The Stamp Reporter has raised a question about maintainability of the appeal against the impugned order of abatement on the ground that the impugned order does not amount to a decree.2. Mr. Mohanty. learned Advocate for the appellant has submitted that, as the suit has been ordered to abate against all the defendants, living as well as dead, such order ...
Sukumar Panigrahi, Durga Prasad Tripathy and Another Vs. State of Oris ...
Court: Orissa
Decided on: Jan-04-2001
Reported in: 92(2001)CLT55; 2001CriLJ1912; 2001(I)OLR194
A.S. Naidu, J.1. The facts of both the aforesaid Criminal Misc. cases ate inter-linked and connected or continuation of thesame incident, hence, both the cases are heard together and disposed of by this common judgment.2. Criminal Misc. Case No. 134 of 1998 is filed challenging the order dated 19-9-97 passed by the Sub-divisional Judicial Magistrate, Phulbani in I.C.C. case No. 28 of 1997 holding that there is sufficient ground to proceed against the petitioner with regard to commission of the alleged offence and the petitioner is not entitled to the protective umbrella provided under section 197 of the Code of Criminal Procedure.3. The sole point which needs determination in the Said case is as to whether the petitioner who was admittedly holding the post of Superintendent of Police and was posted at Phulbani at the relevant time can be proceeded against in absence of a sanction as required under section 197, Cr. P. C. For effectively answering the said question, it is necessary to dw...
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