Orissa Court March 2001 Judgments
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M/S Paradip Port Trust, Paradip Vs. Managing Director, Idco, Bhubanesw ...
Court: Orissa
Decided on: Mar-12-2001
Reported in: AIR2001Ori146; 91(2001)CLT682
P.K. Mohanty, J.1. This revision is directed against the order of the learned Civil Judge (Junior Division.) in rejecting the plaintiff-petitioner's application under Order 39, Rules 1 and 2 of the Civil Procedure Code in T. S. No. 213/96 affirmed bythe order of the learned Additional District Judge, Jagatsinghpur while dismissing the petitioner's appeal.2. The short fact of the petitioner's case is that the entire port area along with it's assets including movable and immovable properties were transferred to the control of the Central Government vide Government Notification in Commerce (Ports) Department Notification No. 2032 dated 31-5-1965. The Central Government took over the Paradip Port Project and Paradip Port Trust was formed on 1-11-1976. Consequent upon constitution of the Paradip Port Trust all the properties and lands vested in the Board of Trustees of the Port, under the provision of the Major Port Trust Act. The limits of Paradip Port Trust has been defined in a separate ...
M/S Process and Offset Co. Vs. State of Orissa and Others
Court: Orissa
Decided on: Mar-12-2001
Reported in: 92(2001)CLT225
P.K. Mohanty, J.1. The petitioner calls in question the award of contract for printing of Primer-II in favour of opp. party No. 5 made by opp. parties 2 to 4 and has prayed for quashing the decision in finalising the contract in favour of opp. party No. 5 with preference to the petitioner.2. The fact of the case is that the petitioner is a Printing and Publishing concern and in response to the quotation call notice issued by the Secretary of Zilla Swakhyarata Samiti (opp. party No. 4), submitted its tender for printing of the book, Primer-II. Opp. party No. 5 also had submitted the quotation for printing of the said book. The quotation call notice has been annexed as Annexure-1 to the writ petition. The petitioner had quoted Rs. 10.06 paise pit page as per its attached paper sample on 7-9-2000. A copy of which is Annexurt-2 to the writ petition. Opp. party No. 5 similarly submitted its rate with paper samples. Opp, party No. 3 in its letter dated 16-9-2000, a copy of which is Annexure-...
Hira Cement Workers Union Vs. State of Orissa and Others
Court: Orissa
Decided on: Mar-08-2001
Reported in: [2001(91)FLR979]; (2001)IILLJ545Ori; 2001(I)OLR447
A.S. Naidu, J.1. A registered Trade Union being aggrieved by order dated February 12, 1992 of the Labour and Employment Department' of the Government passed under sections 10(1) and 12(5) of the Industrial Disputes Act, 1947, refusing to refer an industrial dispute relating to termination of services of 45 workmen, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India.2. For better appreciation, the facts are briefly stated herein below : Opp. party No. 2 - Hira Cement Works is a Cement Factory set up by the Industrial Development Corporation of Orissa. M/s. Sivens Engineering Enterprises (opp. party No. 3) was the labour contractor who had supplied workmen to opp. party No. 2. On 13-3-1991, the labour contractor (o. p. No. 3) served notice of termination of services of 45 workmen, vide Annexure-1. The petitioner-Union filed a complaint on 27-3-91 before the Asst. Labour Officer-cum-Conciliation Officer, Bargarhwith a request to initiate a conciliati...
Halima Bibee Vs. State of Orissa and 11 ors.
Court: Orissa
Decided on: Mar-08-2001
Reported in: 92(2001)CLT108
ORDER1. Heard. This revision application is disposed of at the stage of hearing on admission after hearing argument from the parties. 2. Informant is the petitioner. Prosecution i. e., the State of Orissa is the opposite party No. 1. The accused persons and the proposed accused persons are the opposite party members 2 to 12. 3. In the midst of the trial, at the instance of the petitioner, prosecution filed an application purporting to be one under section 319, Cr. P. C. for addition of the persons as accused. On 22-1-2000 learned J.M.F.C. Banpur rejected that application on the ground that Assistant Public Prosecutor did not remain present to move that application. Learned Cdunsel for the petitioner challenges correctness of that order on the ground that such an application should not have been dismissed for default and learned Magistrate should have considered the same on the basis of evidence on record. Learned Standing Counsel endorses his support to that argument. Learned counsel a...
Pravash Kumar Sahoo Vs. S.M. Patnaik and Others
Court: Orissa
Decided on: Mar-07-2001
Reported in: 91(2001)CLT491
ORDER1. This is an application praying for a direction to the State Government to place opposite No. 5 under suspension.2. An affidavit has been filed today sworn to by Shri U. N. Behera, Special Secretary to Government in the General Administration Department. We have perused the same. In paragraph-9 there of, it has been stated as follows :'9. That as regards the prayer of the petitioner for suspension of Sri P. K. Nayak, from service, it is submitted in view of the pendency of the enquiry to the various allegations made against him, Sri P. K. Naik has been transferred from the post of Special Secretary to Chief Minister to the post of Addl. Secretary, Fisheries andAnimal Resorces Development Department. The deponent submits that in such, circumstances there is no scope for the contemnor to tamper or manipulate the records relating to the departmental proceeding or the allegations. Therefore, the Government do not feel at present to put him under auspension.'Shri Panda, learned couns...
Mahendra Kumar Sahoo Vs. Orissa Lift Irrigation Corporation Ltd. and O ...
Court: Orissa
Decided on: Mar-07-2001
Reported in: 91(2001)CLT717
L. Mohapatra, J.1. The petitioner in this writ application has prayed for regularisation in service having been continued in casual employment since 1985.2. The case of the petitioner is that he was engaged as an N. M. R. under opposite party No. 1 in October, 1985. InNovember, 1987 the services of the petitioner were terminated and such termination/retrenchment was in violation of section 25F of the Industrial Disputes Act, 1947. The petitioner, therefore, raised a dispute and the matter was referred to Labour Court, Jeypore, for adjudication in I.D. Case No. 21 of 1989. An award, was passed by the Labour Court holding the retrenchment to be illegal on 23rd August, 1990. Thereafter the petitioner was reinstated as N.M.R. Helper by Office Order dated 22-11-1990. On 16-4-93 a gradation list of N.M.R. staff was published and in the said gradation list the date of first engagement of the petitioner was shown as 26-11-1990, whereas the petitioner was continuing from October, 1985. Therefor...
Satyabhama Mohapatra Vs. Ramakanta Padhi and 3 ors.
Court: Orissa
Decided on: Mar-07-2001
Reported in: II(2001)DMC182
ORDERP.K. Tripathy, J.Heard.1. The informant in S.T. Case No. 39/119 of 1995 has preferred this revision challenging the order of acquittal dated 26th March, 1996 of the Court of Assistant Sessions Judge-cum-Chief Judicial Magistrate, Balasore where the present opposite parties were the accused persons.2. The facts stated in the impugned judgment and during the course of argument in short is that Tilatama Padhi (hereinafter referred to as 'the deceased') married opposite party No. 1 in the month of Baisakha 1994. He died due to poison on 13.1.1995. Informant PW 2 is the paternal grand mother of the deceased being aunt (father's brother's wife) of her father, namely Chintamani Mohapatra (PW 3). Two reports were lodged before the Police, one on 13.1.1995 and the other on '21.3.1995 by PW 2 relating to the death of deceased. After completion of routine investigation, charge-sheet for the offence under Sections 498A/304B/34, IPC was submitted against the opposite party members who faced th...
Manasi Manjari Mohapatra Vs. State of Orissa and Others
Court: Orissa
Decided on: Mar-05-2001
Reported in: 91(2001)CLT528
L. Mohapatra, J. 1. The petitioner challenging the order of suspension passed by the Secretary of the Managing Committee of Satyasai Vidya Vihar in the district of Dhenkanal has filed O. J C. No. 5226 of 1996 and challenging the authority of the Managing Committee in initiating the disciplinary proceeding against her has filed O. J. C, No. 17277 of 1997. 2 The case of the petitioner is that she was apointed as a Hindi Teacher in Satyasai Vidya Vihar on 21-9-1992 by the Managing Committee of the said institution. She joined in the post on 22-9-1992 and continued to discharge her duties till the order of suspension was passed. The school in question was notified by the State Government to receive grant-in-aid with effect from 1-6-1994 and became an aided educational institution within the meaning of section 3(b) of the Orissa Education Act, 1969. After the school was notified by the State Government to receive grant-in-aid, the Inspector of Schools called upon the Headmaster of the insti...
Smt. Chandri Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-05-2001
Reported in: 2001CriLJ2455
ORDERP.K. Tripathy, J.1. Heard.2. This revision is disposed of at the stage of hearing on admission in the following manner.3. Informant in S.T. No. 14/12 of 96 and S.T. No. 6/2 of 1997 of the Court of Additional Sessions Judge, Bhadrak is the petitioner challenging the order of acquittal dated 4-2-1999 recorded in favour of the opposite party Nos. 5 and 6 (accused in S.T. No. 14/12 of 1996) and opposite party Nos. 2 to 4 (accused in S.T. No. 6/2 of 1997). Both the cases arising out of same occurrence but' being committed at different time were disposed of by common trial and judgment.4. The allegation, in substance is that accused persons having dispute and enmity with P.W. No. 4, as alleged, came and ravished the informant at the dead of the night i.e. at about 1.30 a.m. in the night of 23/24-4-1994 when as a lessee her husband was watering the crop and she was present there to assist him. It is alleged that the miscreants could restrained her husband (P.W. No. 3) from interfering by...
Raja @ Sandeep Acharya Vs. State of Orissa and Others
Court: Orissa
Decided on: Mar-02-2001
Reported in: 91(2001)CLT606; 2001CriLJ1972
A.S. Naidu, J. 1. This habeas corpus writ application has been filed challenging the order of detention dated 13-2-2000 passed by the District Magistrate, Cuttack, in exercise of powers conferred upon him by sub-section (2) of section 3 of the National Security Act, 1980 (hereinafter referred to as 'the Act') with a view to prevent Raja @ Sandeep Acharya (hereinafter referred to as 'the detenu') from acting in any manner prejudicial to the maintenance of public order. In pursuance of the said order, the detenu was arrested on 2-7-2000 and was detained at Circle Jail, Cuttack at Choudwar.2. The grounds of detention were served upon the detenu on 13-2-2000. The said grounds, a copy of which is annexed as Annexure-2 to the writ application, reveal that theDistrict Magistrate, Cuttack has been subjectively satisfied, after due application of mind, that the detenu was creating havoc in Malgodown Police Station area of Cuttack city by indulging in anti-social activities and thereby adversely...
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