Orissa Court December 2001 Judgments
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Raghunath Prasad Harichandan and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-21-2001
Reported in: 93(2002)CLT249
L. Mohapatra, J. 1. The petitioners who are working as Section Teachers in Basudev High School in the district of Puri have filed this writ application praying for a direction to the opposite parties to sanction posts of Additional Section Teachers in the school and approve their services from the date of joining as well as for quashing the order dated 24.4.1996 refusing to approve services of the petitioners awaiting necessary sanction for creating additional section teachers posts from the State Government.2. Case of the petitioners is that Basudev High School is an aided educational institution under a Puri Circle. After introduction of new yard stick on 8.7.81 the school had teaching and non-teaching staff in accordance with the said yard stick. Subsequently the students strength increased from year to year and crossed the limits as prescribed under Orissa Education Code. In the year 1988 the student strength in each of the Classes VIII, IX and X became more than 60, as a result of...
Sasmita Praharaj Vs. Bharat Petroleum Corporation Limited and ors.
Court: Orissa
Decided on: Dec-21-2001
Reported in: 93(2002)CLT254; 2002(I)OLR640
B. P. Das, J. 1. The petitioner in this writ petition challenges the action of opposite party Nps. 1 to 5 in selecting either opp. party No. 7 or opposite party No. 8 as dealer for the retail outlet of Bharat Petroleum Corporation Ltd. at Chhend in the district of Sundargarh.2. The case of the petitioner, in brief, is that in response to an advertisement made in the local Oriya daily 'the Sambad' on 6.8.2000 inviting applications from eligible woman candidates for appointment as dealer for the retail outlet of Bharat Petroleum Corporation Ltd. at Chh'end in the district of Sundargarh vide Annexure-1, the petitioner along with opposite party Nos. 7 and 8 and others applied for the same. According to the petitioner, she fulfilled the eligibility criteria stipulated in Annexure-1. It is also stated that she had taken a land on lease at Chhend for the purpose. The petitioner claims that she was not only more qualified than opposite party Nos. 7 and 8 but also had better marketing experienc...
Miss. Mausumi Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-20-2001
Reported in: AIR2002Ori107; 2002(I)OLR203
P.K. Mohanty, J. 1. The petitioner calls in question the action of the opp. parties in not giving her admission to the Bachelor Course in Education (B.Ed.) for the academic session 2001-2002. 2. The short facts of the case is that, the Directorate of Teacher Education, S.C.E.R.T.. Orissa issued an advertisement inviting applications in the prescribed form for admission to the B.Ed, course for the academic session 2001-2002 in different Teacher Education Institutions (TETs) of the State, a copy of which is Annexure-1. The petitioner has passed + 3 Degree Examination in Science (B.Sc.) having subject combination Chemistry, Zoology with Geography as Honours subject. She having found herself eligible in terms of the admission notice, made an application for admission to the B.Ed. course, but having not been called to the counselling for admission, she enquired from the Chairman of the Admission Committee, but the Chairman could not give any explanation as to why she had not been called to ...
Managing Director, Itc Agrotech Ltd. Vs. Sri Purna Chandra Mishra and ...
Court: Orissa
Decided on: Dec-20-2001
Reported in: 2002(I)OLR285
P.K. Mohanty, J.1. The petitioner, Managing Director of I.T.C. Agrotech Ltd. had assailed the order of the learned Sub-Divisional Judicial Magistrate, Bhubaneswar dated 22.12.1995 taking cognizance of offence under Section 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954 read with Section 7 thereof against the petitioner.2. The brief facts of the case are that on 26.5.1994 the Food Inspector visited the business premises of M/s. Sanjaya Agency, Eastern Market Building, Unit-II, Bhubaneswar and collected samples of mustard oil, he having suspected the same to be adulterated. On observing the necessary formalities, the Food Inspector collected samples and sent the samples to the Public Analyst, Orissa on the same day. On being questioned the vendor M/s. Sanjaya Agency disclosed that he had purchased the stock of mustard oil from M/s.Sambhukumar Subash Kumar, Malgodown, Cuttack. A consignee agent from I.T.C. Agrotech Ltd. vide Invoice No. 0098 dated 17.5.1994. The Public Analy...
State of Orissa Vs. Muralidhar Sahu
Court: Orissa
Decided on: Dec-20-2001
Reported in: 2002CriLJ2096
B. Panigrahi, J.1. The accused-appellant has been convicted under Section 302, Indian Penal Code and sentenced to death for having committed murder of his wife Bimala Sahu on 2/3-5-1999. Reference has also been made by the learned Addl. Sessions Judge, Nuapada under Section 374, Criminal Procedure Code for confirmation of the sentence of death in Session Case No. 79/14 of 1999/2000.2. The skeletal picture of the prosecution story is that on 3-5-1999 around 12.30 p.m. the Medical Officer of Evangelical Hospital, Khariar, Dr. R.N. Raju, sent a report to Khariar police station informing that a patient Bimala Sahu, who was admitted in their hospital died at about 1.45 a.m. on 3-5-1999 due to suspected administration of poison. On the basis of the said report U.D. Case No. 7/99 was registered as a consequence whereof the A.S.I, of Police Sri D.R. Gadtia (P.W. 10) was directed to enquire into the matter. The said A.S.I, held inquest over the dead body of the deceased, sent it for post-mortem...
Sambhunath Rout Vs. Malati Dhada and ors.
Court: Orissa
Decided on: Dec-19-2001
Reported in: 93(2002)CLT170
L. Mohapatra, J. 1. Defendant No. 1 is the petitioner before this Court in this revision challenging the order passed by the learned Civil Judge (Jr. Divn.), Anandapur directing him to remove the obstruction from the path way and confirmed in appeal by the learned District Judge, Keonjhar, on an application under Order 39, Rules 1 and 2 C.P.C. 2. The plaintiffs opp. parties have filed the suit for a declaration that they and the villagers have their easementary right ever the path way running on the scheduled lands and they have been using the said path way to the knowledge of the defendant No. 1 petitioner as a 'Rasta' to go to the river Baitarani for taking bath, getting drinking water and for other purposes from the time immemorial even though the said land has been recorded in the name of the petitioner and a prayer has also been made in the suit for a direction to the defendant No. 1 petitioner to remove the obstruction put by him on the said passage and for permanent injunction r...
Kshiti Sundari Nanda @ Kshiti Nanda Vs. Fani Bhusan Nanda
Court: Orissa
Decided on: Dec-19-2001
Reported in: AIR2002Ori104; 93(2002)CLT257
A.S. Naidu, J. 1. This is an appeal under section 19 of the Family Courts Act filed by the plaintiff-appellant challenging the judgment and order dated the October 25, 1995 passed by the Judge, Family Court, Rourkela, dismissing Original Suit No. 54 of 1994.2. Shorn of unnecessary details, the facts in short, which are necessary for effectual adjudication of the inter se disputes are as follows:Original Suit No. 54 of 1994 was filed by the appellant under section 22 of the Hindu Adoption and Maintenance Act, 1956, praying for issuance of a direction to the defendant-respondent to pay a sum of Rs. 3000/- per month towards maintenance till her death. It is averred by the plaintiff that she was the legally married wife of Late Jagamohan Nanda, the brother of the defendant. The marriage was solemnised at Rajabati Sahi according to the customs prevailent in the locality, when she was a minor. She lost her husband during her minority and all along stayed with her parents. However, she visite...
Prafulla Das and ors. Vs. State of Orissa
Court: Orissa
Decided on: Dec-19-2001
Reported in: 2002(I)OLR212
A.S. Naidu, J.1. The three appellants related as father and sons aged about 72 years, 51 years and 37 years respectively, have been convicted under Section 302 read with Section 34 of the Indian Penal Code for committing murder of Charulata Das, wife of Rabindra Das, who is the son of appellant No. 1-Prafulla Das. in furtherance of their common intention by pouring Kerosene and setting fire on her body. The learned Sessions Judge, Mayurbhanj in S. T. Case No. 3 of 1996 held the accused persons guilty and convicted them thereunder and sentenced each of the accused persons to undergo rigorous imprisonment for life. The said order is impugned in this appeal.2. Bereft of all unnecessary details, the short facts as unfolded by the prosecution, are as follows :In or about June, 1993 the deceased-Charulata Das married Rabindra (P.W.I). After marriage, Charulata stayed in her in- law's house and once in a while visited her parents along with her husband. On May 25. 1994, at about 7 A.M. accuse...
National Insurance Co. Ltd. Vs. Bijay Kumar Sahu and anr.
Court: Orissa
Decided on: Dec-19-2001
Reported in: [2002(93)FLR1149]; 2002(I)OLR148
Pradipta Ray, J.1. The present appeal is against the judgment and award dated September 19, 1998 passed by the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation. Cuttack allowing claim petition registered as W.C. Case No. 424 of 1991.2. The claimant Sri Bijay Kumar Sahu in W. C. Case No. 424 of 1991 claimed that he was working as one of the coolies in the truck bearing Registration No. OSU 8409 at the time of accident. According to them, on October 8, 1991 the aforesaid truck loaded with morum was coming from Jagatpur side and he along with other coolies was in the said vehicle. Near Chahataghat on the Ring Road, the said truck met with an accident in which he and Ors. sustained injuries. Claimant sustained bilateral fracture of heel-bone and multiple abrasions around his elbow. In his claim case he alleged that the injuries suffered by him caused permanent partial loss of earning capacity.3. On the basis of the medical evidence and other materials on record, th...
Sk. Abou Sufiyan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-18-2001
Reported in: 93(2002)CLT337
B. Panigrahi, J.1. The writ petitioner has challenged the legality, propriety and validity of the order by which opp. parties 1 and 5 have appointed opp. party No. 7 as the President of the District Consumer Redressal Forum, Bhadrak (In short 'District Forum') on the ground, interalia, that opp. party No. 7 practised fraud and misrepresentation while procuring the order of appointment in his favour.2. Opp. party No. 3 issued an advertisement calling upon the candidates for the post of President, District Forum which were lying vacant in different districts of Orissa on 5.12.2000. The petitioner vis-a-vis opp. party No. 7 along with other candidates had applied for the post of President in the District forum, Bhadrak. Subsequently opp. party No. 5 issued a letter inviting the petitioner and other candidates to attend the interview. Petitioner as well as other candidates in terms thereof appeared in the interview where it is said that opp. party No. 7 was selected and was appointed as th...
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