Orissa Court March 2001 Judgments
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Prasanta Kumar Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-16-2001
Reported in: 92(2001)CLT568; 2001CriLJ2449
B.P. Das, J.1. The petitioner by way of public interest litigation had initially filed a writ application under Articles 226 and 227 of the Constitution of India with the prayers of following nature :(a) To cancel the appointment of Sri Indrajeet Ray as Advocate-General of Orissa and also Special Public Prosecutor for the Vigilance cases as per Annexure-1; (b) To appoint suitable alternative counsel to conduct the cases for the prosecution of the aforesaid vigilance cases vide Annexure-1 at the cost of the State ; (c) To direct fresh trial of T. R. Case No. 55/92 or in the alternative, direct for suo motu institution of an appeal against acquittal in T. R. Case No. 55/92 vide Aunexure-2; (d) To direct the State Bar Council to initiate a disciplinary proceeding against Sri Indrajeet Ray for his misconduct as an Advocate ; and (e) To declare Sti Indrajeet Ray, Advocate-General to be unworthy of holding the highly constitutional post of Advocate-General and direct the State Government an...
Prabhudaya Harijan Vs. State of Orissa
Court: Orissa
Decided on: Mar-16-2001
Reported in: 2001CriLJ2987; 2001(I)OLR563
M. Papanna, J.1. This appeal by the sole appellant, is directed against an order of conviction in a charge Under Sections 302 and 323. I.P.C., passed by the learned Sessions Judge, Kalahandi (Bhawanipatna) in SC. No. 29 of 1992 for having caused the murder of one Sukru Jani (hereinafter referred to as 'the deceased') and simple hurl to one Laka Dei, wife of the deceased. The learned trial Judge sentenced him to suffer rigorous imprisonment for life and also rigorous imprisonment for six months with a direction to run the sentences concurrently.2. Tersely put, the prosecution case against the appellant (hereinafter referred to as 'the accused') is as under ;On 14.2.1992, informant Gangadhar Jani (since dead) was sleeping in his house after taking his dinner. It was about 9 P.M. At that time. Kandu Jani. son of the deceased called him. Gangadhar Jani came out of his house and asked him the reason. Kendu Jani told him that his father died. On query he said accused Prabhudaya Harijan of th...
Central Electricity Supply Company of Orissa Limited Vs. the Orissa El ...
Court: Orissa
Decided on: Mar-16-2001
Reported in: 2001(I)OLR538
P.K. Mohanty, J.1. The appellant, M/s. The Central Electricity Supply Company, in this appeal assails the order of the Orissa Electricity Regulatory Commission dated 16th February, 2001 issuing interim direction to withdraw the advertisement and stop operation of consumer census, to send draft procedure for steps to be taken under Regulation 5 1 of the OERC Distribution (Condition of Supply) 1998 for approval and to issue a public notice cancelling the advertisement issued by the appellant in the newspaper.2. Shri J. Patnaik, learned Senior Advocate for the appellant-company contends that the interim order dated 16.2.2001 passed by the Orissa Electricity Regulatory Commission (hereinafter called the 'Commission') is illegal and in violation of the mandatory provisions of Section 28 (3) of the Orissa Electricity Reforms Act, 1995 (in short 'the Act'). It is his submission that the Commission can pass an order or in appropriate case an interim order, directing the licensee like the appel...
Akapati Bhaskar Patro Vs. Trinath Sahu and Another
Court: Orissa
Decided on: Mar-14-2001
Reported in: 91(2001)CLT652; 2001(I)OLR502
A.S. Naidu, J.1. After hearing the above case the learned Single Judge (Justice Naik) felt that the ratio of the decision in the case of M/s. Savani Transport Ltd. v. Kamarajit Bissoi, 71(1991) C. L. T. 40 1991(11,) O. L. R. 446 1990(3) O. C. R. 569 needs to be considered by a Larger Bench. Accordingly, the matter was placed before us.2. For the sake of brevity the concluding paragraph of the decision of the learned Single Judge is quoted herein below :'It, therefore, follows that possession of a tenant whose tenancy has been terminated may not always be 'lawful possession', but it is 'juridical possession' which is protected by law because even a tenant whose tenancy has been terminated, cannot be dispossessed except in accordance with law. It that be so, can it amount tocriminal trespass within the meaning of section 441, I. P. C. (Orissa Amendment). This question, in my opinion needs to be considered by a larger Bench and the decision in the case of M/s. Savani Transport Ltd. (supra...
C.P. Majhi Vs. Union of India and anr.
Court: Orissa
Decided on: Mar-14-2001
Reported in: AIR2001Ori118
A.S. Naidu, J.1. This writ application has its origin in a letter dated 3-9-97 written by Shri Chaitanya Prasad Majhi, Ex-Member of the Orissa Public Service Commission (for short 'the O. P. S. C.') to the Hon'ble Chief Justice of this Court making a grievance about certain irregularities, commissions and omissions, committed by the Union Public Service Commission for short 'the U.P.S.C.') in the Civil Services Examination, 1996. The said letter was ordered to be treated as a writ petition and office was directed to serve a copy of the petition on learned Senior Standing Counsel (Central) and to send a copy of the same to the U.P.S.C..2. The basis for the allegations, is said to be a news item published in 'Pragati Badi' a local daily dated 11-8-97, after publication of the result, a copy of which is enclosed to the letter in question. The main controversy centered round formation of several Boards for conducting interview, appointment and involvement of Ex-M. L. A. of Rajsthan--Smt, K...
Rabinarayan Mohanty and Others Vs. Bhubaneswar Development Authority a ...
Court: Orissa
Decided on: Mar-13-2001
Reported in: 91(2001)CLT573; 2001(I)OLR493
L. Mohapatra, J.1. The petitioners, who are nine in number, have filed this writ application challenging the order dated 4-5-1998 in Annexure-5 withdrawing the earlier order of regularisation of service passed in their favour.2. The case of the petitioners is that they were engaged as D.L.R. Mates in the year 1989 through an agency under the Bhubaneswar Development Authority ('B.D.A.', for short). On 1-12-1991 all the petitioners, except petitioner No. 3, were directly engaged under the B.D.A. and with effect from 1-1-1992 petitioner No. 3 was directly engaged under the B.D.A. . On 13-12-1994 the B.D.A. regularised the services of 171 D. L. R, employees who had served for a minimum period of five years by 1-12-1994 and the petitioners were amongst the 171 D. L. R. employees. After the said decision was taken on 13-12-1994, on 9-6-1996 in the first phase, the B.D.A. regularised the services of the employees in Annexure-1, except 15 candidates. On 14-8-1996 the B.D.A. again regularised s...
Subhranta Kumar Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-13-2001
Reported in: 92(2001)CLT158; 2001(I)OLR619
L. Mohapatra, J.1. The petitioner in this writ application has prayed for quashing the order contained in Annexure-6 approving the appointment of the petitioner as In-charge Headmaster, and has prayed for a direcrion to the opposite parties to approve petitioner's appointment as Headmaster with effect from 1-6-1994 and pay his salary in the scale prescribed for Headmaster according to rule 9 of the 1974 Recruitment Rules.2. The case of the petitioner is that Bhagabati High School was established in the year 1981 and the school was granted recognition of the educational authorities in December, 1984. The Board of Secondary Education granted permission to present the students of the said institution in the year 1985 and the first batch' of the school appeared in 1986 Board's Annual Examination. In the meantime the school having been granted aid, it has become an aided educational institution within the meaning of section 3(b) of the Orissa Education Act, 1969. The petitionet was appointe...
Umesh Ch. Mansingh and 3 ors. Vs. State of Orissa
Court: Orissa
Decided on: Mar-13-2001
Reported in: 92(2001)CLT763
ORDER1. This case is taken out of turn from the weekly admission list on being mentioned by learned counsel for the petitioners on the ground of urgency.2. Heard.3. This application under Section 482, Cr. P. C. is filed by the petitioners who are the accused persons in Kanas P. S. Case No. 7 of 2000. Petitioners pray to quash the investigation on the ground that a simple suicide has been given the colour of a homicidal death with alleged involvement of the present petitioners and in that respect the complainant/informant has concocted a story against the petitioners.4: The complaint lodged by the informant goes to indicate that she belongs to Scheduled Caste and accused persons are higher caste Hindus. Her daughter fell in love with accused Umesh (patitioner No. 1) and when the marriage was four years old she was done to death by administering poison with use of force in which occurrence as alleged, all the accused petitioners not only actively participated but also by giving threat of...
Gayadhar Bala Vs. Smt. Tilottama Bala and Balaram Das
Court: Orissa
Decided on: Mar-13-2001
Reported in: 2001(II)OLR573
P.K. Tripathy, J.1. Learned counsel for the petitioner files the certified copy of the order sheet dated 13.5.1997 in I.C.C. No. 465 of 1994 of the Court of S.D.J.M., Bhadrak so also the initial statement of the complainant along with a note of submission.2. Petitioner challenges order dated 21.7.1998 of the learned S.D.J.M. when petitioner's application to recall the order of cognizance for the offence Under Section 316, I.P.C. was refused. Heard further argument. This application Under Section 482., Cr. P.C. is disposed of at the stage of hearing on admission after hearing at length learned counsel for both the parties.3. Allegation made in the complaint is that in 'Ashadha', 1981 she married the petitioner and while she was pregnant, in 1982 'Bhadraba' she was forced by the petitioner to abort the child who was nine months old in mother's womb. Though she refused, petitioner with co-accused applied Bisi Kathi (a method to abort or to cause miscarriage) and caused death of the quick ...
Rasmita Rout @ Baral and Others Vs. Maheswar Baral
Court: Orissa
Decided on: Mar-12-2001
Reported in: 91(2001)CLT670; II(2001)DMC113; 2001(I)OLR411
ORDER1. Heard Shri B. P. Routray for the petitioners and Shri Ajit Hota for the opposite patty. This writ application is directed against the order of the Judge, Family Court, Cuttack, 6xing Rs. 300/- as monthly interim maintenance payable to the petitioners. Even though it is not indicated in the impugned order that interim maintenance claimed is for the wife and two minor children, it is obvious that maintenance had been claimed for the three petitioners.2. The Judge, Family Court, had passed the following order :--'Both parties present. The petition claiming maintenance from the o. p. is put up. Heard the parties. Considering the financial status of the o. p. I direct him to pay Rs.300/- pet month as interim main tenance to the petitioner from the date of the petition till disposal of the main case, payable on 19-8-99. Put up on 19-8-99 for payment of maintenance dues.' 3. A bare perusal of the aforesaid laconic order clearly shows that the Judge, Family Court, while considering the...
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