Orissa Court March 2001 Judgments
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Smt. Nisamani Behera Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-23-2001
Reported in: 2001(I)OLR625
P.K. Misra, J.1. Heard Sri B. Baug, learned counsel for the appellant. Sri N. Patra. learned counsel for the intervenor and the learned Addl. Government Advocate for the State.2. The plaintiff is the appellant against the order of the trial Court rejecting her application filed under Order 39, Rules I and 2 of the Code of Civil Procedure (hereinafter referred to as the 'Code').3. The appellant claims to be in possession of the disputed land for more than thirty years and has perfected title by adverse possession. It is stated by the appellant that the State Government is trying to evict her forcibly from the disputed land.4. The trial Court held that the document filed by the petitioner was a letter written in 1996 by the Executive Engineer, Capital Construction Division No. 1 to the Estate Officer-com-Joint Secretary to Government of Orissa, G.A. Department, showing that the appellant was in possession. From the aforesaid document, the trial Court came to the conclusion that the plain...
Habibullah Khan Vs. State of Orissa
Court: Orissa
Decided on: Mar-22-2001
Reported in: 2001(I)OLR520
R.K. Patra, J.1. Order dated 20-9-1999 of the Special Judge (Vigilance), Bhubaneswar framing charge against the petitioner in T. R. No. 3 of 1991 is the subject matter of challenge in the writ petition (O.J.C. No. 12753/99) and in the petition filed under section 482, Cr. P.C. (Crl. Misc. Case No. 5021 of 1999). Both the cases being analogous, they were heard together with the consent of the counsel for parties and ate disposed of by this common order.2. Cuttack Vigilance P. S. Case No. 62 of 1990 was instituted in the Court of the Chief Judicial Magistrate, Cuttack against the petitioner on the basis of the F.I.R. lodged by the Deputy Superintendent of Police, Vigilance, Special Squad, Cuttack dated 29-9-1990 alleging that he during the period from June, 1980 to December, 1989 being a public servant functioning as Minister in the State of Orissa acquired and had been in possession of assets of more than Rs. 14 lakhs which were disproportionate to his known source of income and, as suc...
Bidyadhar Sahoo and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-22-2001
Reported in: 2001(I)OLR548
L. Mohapatra, J.1. The petitioners in the aforesaid writ applications have challenged the advertisement issued by the Orissa State Road Transport Corporation ('the Corporation' for short) published in the Oriya daily newspaper 'Sambada' dated 4.10.2000 inviting applications for appointment of Ticketing Agents.2. The case of the petitioners is that they had been appointed as Ticketing Agents by the OSRTC under a Scheme and the provisions of the Scheme prescribed continuance of such agency, whereas a decision has been taken by the Corporation to invite applications by way of tender in the aforesaid advertisement violating the provisions of the Scheme. Their further case is that since they have already worked under the Corporation under the Scheme for some time and earned their livelihood, inviting tenders under the advertisement will seriously affect their earning as they are not in a position to compete with others who are financially sound and they shall be rendered jobless.3. A counte...
Chhala Munda Vs. State of Orissa
Court: Orissa
Decided on: Mar-22-2001
Reported in: 2001(I)OLR552
B.P. Das, J.1. This appeal is directed against the order of conviction dated 27.4.1994 in S.T. No. 149/93 passed by the learned Sessions Judge. Sundargarh, convicting the appellant Under Section 302, I.P.C. and sentencing him to undergo R. I. for life.2. The brief facts, leading to this appeal in short are as follows :On 10.4.1993 at 10 P.M. informant Kartikeswar Patra of Koliposh presented a written report before the Lahunipara Police Station alleging that on the same day at about-3.30 P.M. accused Chhala Munda of Deogharia had killed deceased Samu Munda of village Landamunda near Turikhodi Nala by means of one Langal Luha (ploughshare). The case was registered on his report and investigation was made and ultimately after investigation charge sheet Under Section 302, I.P.C. was submitted against the accused- appellant.3. Prosecution has examined as many as seventeen witnesses in all. P.W. 1 is the Grama Rakhi, who is the informant and who proves the F.I.R. marked as Ext. 1 P.W.2 is th...
Collector Vs. Kamala Nayak and ors.
Court: Orissa
Decided on: Mar-22-2001
Reported in: 2001(II)OLR284
P.K. Misra, J.1. In this batch of writ petitions, challenge is to the validity and legality of the order dated 03.12.1997 passed by the Orissa Administrative Tribunal, in Original Application No. 651 of 1997.2. Facts in brief are as follows :A recruitment examination for the post of Junior Clerk in the undivided district of Puri was held in the year 1989-90 and a merit list was drawn up on 26.02.1990. On the basis of the merit list so drawn up, the Collector, Puri went on sponsoring names for appointment in different offices as per their requirement. When the matter stood thus, the Orissa Ministerial Services (Method of Recruitment for the Post of Junior Clerk in the District Offices) Rules, 1985 (hereinafter referred to as 'the Rules' were amended prescribing therein that the period of validity of merit lists drawn up for appointment of ministerial staff of a particular recruitment year would be one year from the date of publication of the same or till drawal of the next year's list, ...
Kalandi Charan Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-22-2001
Reported in: 2001(II)OLR267
R.K. PATRA, J.1. This is a petition filed by the petitioner for issue of a writ of habeas corpus and for quashing and setting aside his detention under the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as 'the Act'). The District Magistrate, Sundargarh in exercise of power conferred upon him Under Section 3(1)(a)(b)(i)(ii) read with Sub-section 2 (a) of the Act passed an order on 13.9.2000 at Annexure-1 directing that the petitioner be detained as it was necessary to do so with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies of commodities essential to the community. The order was served on him on 16.9.2000 and he was detained on the same day in the Special Jail, Bonaigarh.2. The order of detention is founded on the following grounds :(i) The petitioner as the Secretary of Fuljhar Grama Panchayat sold rice meant for poor B. P. L. card-holders (controlled commodities) in bl...
Kartikeswar Sahu and Bhagabat Charan Jena Vs. State Bank of India and ...
Court: Orissa
Decided on: Mar-21-2001
Reported in: 92(2001)CLT209
L. Mohapatra, J.1. The petitioner in O. J. C. No. 12790 of 1998 has prayed for quashing the letter in Annexure-4 intimating him about rejection of his representation for counting his past service for the purpose of pension and other benefits as well as for a direction to the opposite parties for extending the-service benefits to the petitioner from 3-4-1973, i.e. the date on which he joined the State Bank of India service, and for payment of consequential benefits.The petitioner in O. J. C. No. 13887 of 1997 has prayed for a direction to the opposite parties to reckon his period of deputation to the State Bank of India as permanent service in the Bank and count the said period for the purpose of pensionary and other benefits and also for a direction for extension of his service upto sixty years of age.2. The case of the petitioner in O. J. C. No. 12790/98 is that he joined the Agriculture Department of Government of Orissa as a Junior Engineer on 7-8-1971 and was subsequently promoted ...
Krushna Prasad Samal Vs. Deputy General Manager (O) Sakthi Sugars Ltd. ...
Court: Orissa
Decided on: Mar-21-2001
Reported in: 2001(I)OLR631
P.K. Misra, J.1. Heard Mr. J.K. Das, learned counsel for the petitioner, on the question of admission. The petitioner has prayed for issuance of a writ in the nature of mandamuslcertiorari directing opposite party No. 2 to summon the Doctor as a witness in a Domestic Enquiry being undertaken by opposite party No. 2.2. The petitioner is an employee of Sakthi Sugars Ltd., admittedly a Private Limited Company. The sole question which arises is as to whether the writ petition is maintainable against a private limited Company, or the Enquiry Officer appointed by the Private Limited Company to conduct the domestic enquiry. The learned counsel for the petitioner has placed reliance on the decision reported in AIR 1976 Supreme Court. 425(Rohtas Industries Ltd. and Anr. v. Rohtas Industries Staff Union and others) and has contended that issuance of writ can also affect a private person. Paragraph-9 of the said decision upon which strong emphasis has been made is extracted hereunder :'9.(1) and ...
The New India Assurance Co. Ltd. Vs. Surendra Chandra Nayak and Others
Court: Orissa
Decided on: Mar-20-2001
Reported in: I(2002)ACC461; II(2002)ACC282; 2002ACJ461; 91(2001)CLT630
P.K. Mohanty, J.1. The appellant, Insurance Company in this appeal has challenged the award of the Second Motor Accident Claims Ttibual, Cuttack allowing compensation of Rs. 2,00,000/- in favour of the claimant - respondent Nos, 1 to 5 on merits and quantum.2. Shri M. S. Panda, learned counsel appearing for the claimant - respondents has raised the question of maintainability of the appeal on merits at the instance of the Insurance Company in absence of the order of the Tribunal under section 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', in short) to contest the award on merits. It is his submission that the appellant, Insurance Company having not moved the learnedTribunal under section 170 of the Act for contesting the proceeding, it cannot challenge the award on merits only because it was impleaded as a party to the claim proceeding for effective and early disposal of the same. It is contended that the insurer can challenge the award only on the ground as...
State of Orissa Vs. Prasanna Kumar Panda
Court: Orissa
Decided on: Mar-20-2001
Reported in: 92(2001)CLT815; 2001(I)OLR541
P.K. Patra, J.1. The State has preferred this appeal under section 378 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) (for short 'Cr. P.C.') challenging the judgment dated 9-8-1996 passed by the Chief Judicial Magistrate, Kendrapara in G. R. Case No. 1219 of 1992 (Tr. No. 249 of 1994) acquitting the respondent of the charge under section 409 of the Indian Penal Code (for short 'I.P.C.').2. The respondent (hereinafter referred to as 'the accused') was serving as the Revenue Cashier in the Electrical Division Office of the Orissa State Electricity Board at Kendrapara. On 17-12-1992 he received cash amounting to Rs. 67, 219.35 from Junior Engineers of the Department and other persons and duly entered the same in the Books of Accounts maintained by him. He then kept the said amount in the iron-chest provided to him which was in the Cash Room of the office. The night-watchman of the office (p. w. 1) who had slept in one of the rooms of the office along with a member of the audit pa...
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