Orissa Court May 2001 Judgments
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Pradipta Kumar Das Vs. Sub-collector and ors.
Court: Orissa
Decided on: May-18-2001
Reported in: 2001(II)OLR85
P.K. Misra, J.1. The petitioner in this writ application has prayed for quashing the order dated 21.3.2001 settling the Sairat in favour of opposite party No. 3 and forgiving opportunity to the petitioner to participate in the fresh auction.2. Notice dated 4.3.2001 had been issued by Tahsildar, Salepur as per Annexure-1 for auction in respect of Sand Sairat in river Luna. As per the notice, auction was to be held in the office of the S.D.O., Cuttack on 21.3.2001 at 3.00 P.M. The minimum upset price had been fixed at Rs. 25,000/- It is alleged by the petitioner that while he was coming to participate in the auction, he was prevented by some anti-socials from attending the auction and as such he could not give his offer. However, it is further alleged that he subsequently filed an application on the very same day before the Sub-Collector, Cuttack, as per Annexure-2 wherein he had prayed that he should be allowed to participate and he had indicated that he was ready to pay more than Rs. 3...
Ramahari Pradhan and anr. Vs. Bijaya Kumar Mohapatra and ors.
Court: Orissa
Decided on: May-15-2001
Reported in: 2002ACJ1170; 92(2001)CLT625; 2001(II)OLR158
R.K. Patra. J. 1. A learned Single Judge of this Court while hearing this appeal felt that the following question : ''Whether the Insurance policy with the original owner will lapse under the old Act as well as under the new Act in the event of transfer of the vehicle without notice to the Insurance Company or the Insurance Company will still be made liable to indemnify the subsequent purchaser for any compensation accruing to a third party'should be decided by a larger Bench in view of the conflicting opinions among different High Courts. That is how this matter has come before us for decision. 2. The appellants filed M.A.C. No. 65 of 1990 (297/88) before the Second Motor Accident Claims Tribunal (Southern Division), Berhampur under section 110-A of the Motor Vehicles Act, 1939 claiming compensation to the tune of Rs. 50,000/- for the death of their son in a motor vehicle accident on 23-10-1988. The Tribunal in its judgment dated 23-3-1992 came to hold that the accident resulting in t...
Krupasindhu Rath Vs. Grid Corporation of Orissa Ltd. and ors.
Court: Orissa
Decided on: May-15-2001
Reported in: 92(2001)CLT775
ORDER1. The petitioner in this writ application has prayed for a to the opposite parties to step up his scale of pay to that pf his, junior from the date his junior has been granted the higher scale of pay and for payment of differential dues,2. Case of the petitioner is that he was appointed the erstwhile Orissa State Electricity Board as an L.D. Clerk/CIerk-B vide order dated 2-7-71 and joined in the post on 7-7-71 in Ganjam South Electrical Division, While continuing as such, the O.S.E.B, was taken over By the Grid Corporation of Orissa and the petitioner became an employee of the Corporation. After completion of 15 years of service in the cadre, on 6-7-86 the petitioner was granted time bound advancement scale of pay with effect from 7-7-86 and was granted next annual increment with effect from 7-7-87. The petitioner was promoted to the post of Clerk-A in which he is continuing till date. Time bound advancement scale of pay was allowed to the petitioner vide Office Orders dated 7-6...
Smt. Susila Sahani Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-15-2001
Reported in: 2001(II)OLR69
P.K. Misra, J.1. The petitioner has challenged the order under Annexure-4 issued pursuant to no-confidence motion passed against the petitioner purporting to remove her from the office of Sarpanch of Akarpada Grama Panchayat in the district of Jajpur, mainly on two grounds, firstly that clear 15 days' notice as contemplated Under Section 24 (2) (c) of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as the 'Act') had not been given and secondly, that opposite parties 17 and 18, who were not members of the Grama Panchayat, had participated in the no-confidence motion.2. So far as the first ground is concerned, the provision contained in Section 24 (2) (c) of the Act is extracted hereunder :'24. Vote of no-confidence against Sarpanch or Naib-Sarpanch:(1) ... ...(2) In convening a meeting under Sub-section (1) and in the conduct of business at such meeting the procedure shall be in accordance with such rules, as may be prescribed, subject however to the following provisions, ...
Santosh Kumar Nanda Vs. Orissa Public Service Commission and Two ors.
Court: Orissa
Decided on: May-11-2001
Reported in: 2003(I)OLR504
ORDERA.S. Naidu, J.1. Heard Sri S.S. Rao, learned counsel for the petitioner and Sri H.S. Mishra, learned counsel for the O.P.S.C.2. Admittedly, the petitioner passed 3- years LL.B. course from Utkal University in the year 1996 and according to the prevailing practice, he enrolled himself as a trainee from 10th October, 1996. After completion of the training, he enrolled as an advocate on 30th September, 1997 and continuing as practising advocate from the said date. These facts go uncontroverted by all the authorities. An advertisement bearing No. 10/99-2000 was issued by the Orissa Public Service Commission inviting applications to take part in the competitive examination conducted by the Orissa Public Service Commission under the provisions of the Orissa Judicial Service Rules, 1994 for recruitment to Orissa Judicial Service (Class-II) posts. Clause-5 of the said advertisement specifically provided that a candidate is to be an advocate having practice at Bar for atleast 3 years as on...
Sangram Keshari Mishra Vs. State of Orissa and Others
Court: Orissa
Decided on: May-10-2001
Reported in: 92(2001)CLT196
R.K. Patra, J.1. Being aggrieved by the order dated 4-5-1998 of the Central Administrative Tribunal, Cuttack in O. A. No. 596 of 1997 (Annexure-23) by which it has refused to quash the disciplinary proceedings initiated by the Government in the General Administration Department memorandum dated 12-12-1996 (Annexure-4), the petitioner has approached this Court by filing the present writ petition for its quashing.2. The case of the petitioner, briefly stated, is as follows : He is an Officer belonging to the Indian Administrative Service (RR-85) in the Orissa Cadre. During August, 1990 to July, 1992 he was the Project Officer, District Rural Development Authority ('D. R. D. A.' in short), Koraput. In January, 1992, one P. K. Nayak, I. A. S. just one year senior to him came to be posted as the Collector and District Magistrate, Koraput. In that capacity he was also the ex-officio Chairman of the D. R. D. A. There were differences of opinion between them mainly because of petitioner's pers...
Nivedita Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-09-2001
Reported in: AIR2002Ori97; 2001(II)OLR255
ORDERR.S. Naidu, J. 1. The petitioner, a lady, aspiring to be a doctor, appeared at the Joint Entrance Examination (in short 'J.E.E.') (E & M), 2000 (Orissa) conducted by an independent body entrusted with the onerous duty of selecting candidates for admission into Medical and Engineering courses. In the merit list prepared by J.E.E. the petitioner's rank is at Serial No. 41. In consonance with the merit list, she was not found qualified for taking admission in M.B.B.S. course, but she was found eligible for taking admission in BDS stream. Accordingly, after counselling, she has taken admission in BDS Stream of S.C.B. Medical college, Cuttack. 2. It is pertinent to mention here that out of total seats both, in M.B.B.S. and BDS courses, some seats are kept reserved for children of servicemen and Green Card holders etc. It is alleged by the petitioner that on enquiry she has come to know, from reliable source, that two seats in M.B.B.S. Stream have remained vacant at M.K.C.G. Medical Col...
Md. Sakil Khan and ors. Vs. Board of Secondary Education and 2 ors.
Court: Orissa
Decided on: May-09-2001
Reported in: 2001(II)OLR258
A.S. Naidu, J.1. After hearing the parties, it appears to me that a mountain has been created out of a mole. For appreciating the case, short facts are necessary.2. The petitioners are the students of Urdu Secondary Training School, Bhadrak. They appeared at the Teachers Certificate Examination, 1999. The said Examination was conducted by the Board of Secondary Education, Orissa. When the results were published, it was found that all the petitioners have failed. An enquiry being made, it was revealed that the petitioner have failed in Paper-XI i.e. Practicals (internal assessment), as would also be apparent from the tabulation of marks supplied by the Headmaster.3. Paper-XI carries totals marks of 250 and the pass mark being 40% of the total marks, comes to 100. The mark sheet supplied by the Board of Secondary Education indicates that, all the petitioners have secured 98 marks, each, in the said paper and thus, they were declared failed. Copies of memorandum of marks have been filed a...
Tushar Ranjan Mishra Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-08-2001
Reported in: AIR2002Ori7; 92(2001)CLT753
A.S. Naidu, J.1. The question which needs determination is as to whether there can be relaxation in the period of training prescribed by the Indian Medical Council for prosecuting Post Graduate Medical Education in medical colleges.This question has a far reaching consequence inasmuch as the Society cannot afford to have doctors who have not completed the entire curriculum/training. For appreciating the issue, short facts are necessary.2. In the year 1998-99, the petitioner, a doctor being ' duly selected according to the marks secured in the selection process got himself admitted in P. G. Course of Obstetric and Gynaecology in S. C. B. Medical College & Hospital, Cuttack. Similarly, Dr. Anapurna Jena, who is not a party in this case. In accordance with her position in the selection, was selected and and took admission in P. G. Course of General Surgery. In course of prosecuting the course, both the petitioner and Dr. Jena applied for change of their departments/faculties. As the appli...
NimaIn Charan Patra Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-08-2001
Reported in: 93(2002)CLT49
P. K. Mishra, J.1. Mr. Mishra has instruction to appear on behalf of the petitioner. Counter affidavit in Misc. Case No. 1726 / 2001 filed by opposite party no.2 for vacation of stay has been filed by Mr. Mishra in Court. Copy has been served.2. In the writ application, prayer has been made for quashing Annexure-3 and for a direction to opposite party no.2 to regularise the services of the petitioner. Under Annexure-3 it appears that due to plan and paucity of funds, it has been decided to terminate the services of the petitioner as his services are no longer required. It is, of course, true that an ex party interim order was passed in Misc. Case No. 870 / 2001 which was continuing from time to time. Subsequently, a petition for modification of order has been filed which has been registered as Misc. Case No. 5126 / 2001. It appears that on 2.3.2001, the matter was directed to be listed on 8.3.2001 and the interim order was to continue till then. It further appears that in 8.3.2001 the ...
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