Orissa Court November 2001 Judgments
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Sanjib Kumar Pattnaik and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-07-2001
Reported in: 2001(I)OLR58
P.K. Tripathy, J.1. The above noted writ applications involving the common question of law and also, inter alia, the same relief by each of the writ petitioners, are disposed of by this common judgment, which shall abide the result in all the writ applications.2. Keeping in view the dispute in question and inter alia, the relief sought for in accordance with the provision in the Orissa Aided Educational Institutions (Appointment of Lecturers Validation) Act, 1998 (in short, the 'Act', 1998) and the Orissa Grant-in-Aid Order, 1994 (in short, 'the Order, 1994') and the provision in the Orissa Education Act, 1969 (in short, 'the 'Act, 1969'), a detailed documentation of fact in each of the cases is not. necessary. It is the admitted position on record that the appointment of each of the writ petitioners was not made in accordance with the provisions in the Act, 1969 and the Rules framed thereunder. It is also not in dispute that the writ petitioners are working as Lecturers in aided colle...
Bhubanananda Sethy Vs. the Chairman and Disciplinary Authority, Puri G ...
Court: Orissa
Decided on: Nov-07-2001
Reported in: 2001(II)OLR692
A.S. Naidu, J.1. The petitioner, who has been removed from the service of the Puri Gramya Bank, has filed this writ application challenging the initiation of a disciplinary proceeding as well as the final order of dismissal which was confirmed by the appellate authority by the order dated April 18, 1998, Annexure-6.2. The petitioner was appointed as an Officer of Puri Gramya Bank in the year 1983. He was posted at Chandanpur Branch and was entrusted with the work of disbursement of loans under different schemes sponsored by the Government of India for development of agriculture, pisciculture, Irrigation etc., certain acts of misfeasance and malfeasance were alleged against, the petitioner regarding disbursement of loans which were enquired by the Central Bureau of Investigation and was found to be not correct. In the year 1995, the petitioner was served with a suspension order on the basis of the allegation that he had committed certain acts of omission and commission while discharging...
Pichharu Satnami Vs. State of Orissa
Court: Orissa
Decided on: Nov-05-2001
Reported in: 93(2002)CLT89
P.K. Tripathy, J. 1. This revision is directed against the judgment dated 1.11.1994 of the Sessions Judge, Kalahandi-Nuapada at Bhawanipatna in dismissingthe Criminal Appeal No. 16 of 1992 filed by the appellant against the order of conviction in 2(a) C.C. No. 15 of 1992 (T.R. No. 45 of 1992) of the Court of S.D.J.M., Nawapara. Petitioner was convicted by the trial court for the offence under Section 47(a) of the Bihar & Orissa Excise Act and was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 500/- and the impugned judgment has to be set aside to afford an opportunity of hearing to the appellant. In that respect, the relevant circumstances and the illegality of the concerned Sessions Judge is noted as below :2. The accused belongs to a village under Komna Police Station within the territorial jurisdiction of the newly constituted Nawapara District. His Advocate also belongs to Nuapada Bar Association. The appeal was presented in the Court of Sessions J...
Raghabendra Bose and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-05-2001
Reported in: 93(2002)CLT127
B.P. Das, J.1. This writ petition is directed against an order passed by the Revenue Divisional Commissioner, Central Division, Cuttack, O.P. No. 2 in Misc. Case No. 7 of 2000 filed by O.P. Nos. 4 and 5 thereby allowing the prayer for their substitution in place of the deceased-appellant Asit Kumar Ghosh in Khasmahal Lease Appeal No. 2/94 and condoning the delay in filing the application and setting aside the order of abatement, vide, annexure-8. According to the petitioners, the aforesaid order in Annexure-8. was passed by the R.D.C in a perfunctory manner and ex parte without affording the petitioners and opportunity of hearing.2. The brief facts, as the averments made in the present writ petition tend to reveal, are that on 2.5.1904 the disputed property, which is situated in Puri town, was leased out in favour of one Ray Hariballav Bose Bahadur by the Collector, Puri, for a period of thirty years. In a family settlement, the disputed property fell to the shareof Hariballav's brothe...
Republic of India Vs. Babu Samal
Court: Orissa
Decided on: Nov-05-2001
Reported in: 2002(I)OLR101
P.K. Tripathy, J.1. The prosecution in S.P.E. Case No. 9 of 1996 of the Court of Addl. Chief Judicial Magistrate, Bhubaneswar has filed this revision application challenging legality and correctness of the order dated 19.7.1999 by which learned Addl. Chief Judicial Magistrate recalled the order of cognizance passed against the opposite party, who is one of the two accused persons in the said S.P.E. Case.2. The aforesaid case in the Court of Addl. C. J. M., Bhubaneswar was registered on the allegations of offences punishable under Sections 120B/420, I.P.C. with the allegations that fake gas connections were shown as granted to eight none existing persons by the co-accused of the petitioners who is running a gas agency (not a party in this case) and the petitioner being a practising advocate at Bhubaneswar identified those persons in the affidavits though such persons with such names and descriptions and addresses are non-existing. It is the further allegation of the prosecution that whe...
Amarnath Singh and Four ors. Vs. State of Orissa
Court: Orissa
Decided on: Nov-05-2001
Reported in: 2002(I)OLR276
P.K. Tripathy, J.1. Having been convicted for the offence punishable under Section 395, I.P.C. and Section 25 of the Indian Arms Act and being sentenced undergo R.I. for ten years and two years respectively for the said offences with the directions to run the sentences concurrently by the Addl. Sessions'Judge, Jajpur in S.T. No. 237/29 of 1993, the appellants have preferred this appeal from the jail, pleading innocency. Initially, on their prayer, counsel from the legal aid panel was engaged, but subsequently the appellants engaged counsels at different times and their names are noted as above.2. A dacoity was committed during working hours at 1.50 P.M. on 18.1.1993 in the Central Bank, Neulpur Branch. It is alleged by the prosecution that appellants were the said dacoits besides one Ram Kumar Singh (who did not face the trial). According to the prosecution, when the Bank transactions was going on, five persons being armed with revolvers and carrying bag entered into the Bank consistin...
Purna Chandra Patra Vs. Dasharath Patra and anr.
Court: Orissa
Decided on: Nov-05-2001
Reported in: 2002(I)OLR363
P.K. Tripathy, J.1. Complainant in I.C.C. No. 296 of 1990 presently pending in the Court of J.M.F.C., Balasore'(originally instituted in the Court of S.D.J.M., Balasore) has prayed for interfering with the order dated 16.9.1994 of the trial Court and the judgment dated 25.11.1995 of the Sessions Judge, Balasore in Criminal Revision No. 62 of 1994. The two accused persons who were discharged under Section 245(1) of the Code of Criminal Procedure, 1973 (in short, 'the Code') as per the impugned order are the opposite parties 1 and 2 in this application under Section 482 of the Code.2. The case of the petitioner is that till the stage of Rent Camp he was the sole recorded tenant of three plots corresponding to Major Settlement Plot Nos. 490, 546 and 1801, totally measuring Ac. 2.11 decimals. The complainant being in Government service, remains outside his native place, and taking advantage of that, as alleged, the opposite party members, who are his brothers, with the son of opposite part...
Ambika Prasad Das Vs. Babita Jalli
Court: Orissa
Decided on: Nov-05-2001
Reported in: 2001(II)OLR725
P.K. Tripathy, J.1. In this application Under Section 482 of the Code of Criminal Procedure (in short 'the Code') petitioner prays for quashing of the cognizance order dated 27.4.2000 in I.C.C. No. 34 of 1999 of the Court of J.M.F.C., Khallikote on the ground of false and frivolous case having been instituted against the petitioner because he was the Officer-in-charge of Khallikote Police Station by the date of occurrence and had taken action in Khallikote P.S. Case No. 100 of 1999 registered inter alia Under Section 395. I.P.C. where the husband of the opposite party is an accused along with others. His further ground is that sanction Under Section 197 of the Code is needed to prosecute him. Complainant is the opposite party in this case.2. It appears from the complaint that allegation has been made against the petitioner on the ground that on 21.8.1999 at about 7 P.M. petitioner forcibly trespassed into her residence on the plea of search of one Rajesh Nail (a criminal involved in se...
Sarada Majhi Vs. Sanjaya Majhi
Court: Orissa
Decided on: Nov-05-2001
Reported in: I(2002)DMC283
P.K. Tripathy, J.1. Order dated 18.11.1999 of the S.D.J.M., Angul in Crl. Misc. Case No. 51 of 1998 is under challenge in this application under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code')2. A brief sketch of the relevant facts and circumstances is relevant to consider the grievance of the petitioner. In that respect petitioner's contention is that she is the wife of the opposite party. When the opposite party refused to maintain her, she filed an application under Section 125 of the Code registered as Criminal Misc. Case No. 11 of 1991 in the Court of S.D.J.M., Angul. On 13.1.1994 that application was allowed by granting her maintenance @ Rs. 500/- per month making it payable from the date of institution of the proceeding i.e., 25.1.1991. Petitioner filed application for realisation of the arrear maintenance, registered as Crl. Misc. Case No. 75 of 1994. In that application she claimed for realisation of arrear maintenance from January, 1991 to January, ...
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