Orissa Court August 2001 Judgments
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Raja Alias Pratyush Ranjan Mishra Vs. State of Orissa
Court: Orissa
Decided on: Aug-24-2001
Reported in: 2001(II)OLR484
ORDERM. Papanna, J.1. Heard. 2. Petitioner, Raja alias Pratush Ranjan Mishra is in jail custody since 17.11.99 in connection with G.R. Case No. 255/99, corresponding to Sessions Case No. 44(B)/ 15 of 2000 for having committed an offence punishable Under Section 376. IPC.3. Learned counsel appearing for him submits that he was granted interim bail on 1.2.2000 by the learned Addl. Sessions Judge, Titlagarh to enable him to appear at Pre-degree examination in Tusra Degree College. On 22.4.2000 he was further released on interim bail to appear at his Pre-degree examination. Also on 18.11.2000 he was granted interim bail by the said Court to attend his mother on her sick bed. All the times he complied with the Court's order in surrendering on the date fixed for his remanded to the jail custody. The learned counsel has argued that he has not misused the liberty granted to him during the period for which he was granted interim bails. He relies on 1993 O.C.R. 265 (Chatarlal v. State of M.P.) w...
Land Acquisition Collector, Cuttack Vs. Jayashree Das,
Court: Orissa
Decided on: Aug-23-2001
Reported in: 92(2001)CLT512
B. Panigrahi, J.1. These appeals filed under section 54 of the Land Acquisition Act were taken up together and have been disposed of under a common judgment/order, since common question of law and fact are involved in the aforesaid cases.2. The short history of the case is as follows: The State Government had acquired a major chunk of land in Plot Nos. 40, 41, 43, 46, 51 (P) in Khata No. 220 of mauza Bidyadharpur belonging to the claimant-respondents. The Land Acquisition Officer considering the price of those lands and also other relevant factors had fixed valuation at Rs. 14,000/- per acre. He also awarded other statutory benefits as per law. In total Rs. 2,05,800/- was paid to the claimants/respondents. The private respondents/owners even after receiving the said amount preferred objection before the Land Acquisition Collector as a resuft of which he sent those cases to the Civil Court under section 18 of the Land Acquisition Act.The learned Civil Judge (Senior Division) was, howeve...
Konark Patnaik and 7 ors. Vs. State of Orissa
Court: Orissa
Decided on: Aug-23-2001
Reported in: 92(2001)CLT685
A.S. Naidu, J.1. This is an application for bail pending hearing of Criminal Appeal No. 127 of 2001. Out of 11 accused persons, the eight appellants are convicted by the learned Addl. Sessions Judge, Jharsuguda for the offences under Sections 147/148/341/307 read with Section 149, I.P.C. as well as under Section 302, I.P.C. read with 149, I.P.C. and appellant No. 3-Kanta Dash @ Srikanta and appellant No. 4- Sk. Jalaluddin apart from other sections, stated above, under Section 25(1)(a) of the Indian Arms Act. All the appellants have been sentenced to undergo R. I. for life besides other punishments by judgment dated June 7th, 2001. Being aggrieved by the aforesaid judgment and order of conviction, Criminal Appeal No. 127 of 2001 has been filed before this Court which has been admitted only on July 13th 2001.2. Mr. Bijan Ray, learned Sr. Counsel for the appellants relying upon the ratio of the decision in the case of Kashmira Singh v. The State of Punjab, A. I. R. 1977 S. C. 2147 contend...
National Insurance Co. Ltd. Vs. S.K. AllauddIn and 8 ors.
Court: Orissa
Decided on: Aug-17-2001
Reported in: 1(2002)ACC432
B. Panigrahi, J.1. This appeal is directed against the award passed by the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner (in short, the 'Commissioner') dated 10th February, 1999, in W.C. Case No. 71/ 1997).2. The claimant-respondents 1 to 7 filed an application claiming compensation to the tune of Rs. 2,00,000/- for the death of Sk. Shamim, son of claimant respondent No. 1 on account of a road accident. The skeletal picture of the claimants' case is as follows: On 3.10.1996 at about 1.00 a.m. when the truck bearing registration number OR-11-8188 reached near village Palora on N.H. 6 all of a sudden it fell into a ditch and caused a serious accident as a reason whereof, the first claimant's son Sk. Shamim died instantaneously. After the accident, the deceased was taken to Ulberia Hospital for post-mortem examination by the O.I.C., Ulberia P.S. and P.S. Case No. 152/1996 was registered and subsequently charge-sheet was submitted in G.R. Case No. 554 of 1996. I...
National Insurance Co. Ltd. Vs. Sk. AllauddIn and 8 ors.
Court: Orissa
Decided on: Aug-17-2001
Reported in: 2001(II)OLR585
B. Panigrahi, J.1. This appeal is directed against the award passed by the Commissioner for Workmen's Compensation- cum-Assistant Labour Commissioner (in short, the 'Commissioner') dated 10th February, 1999, in W.C. Case No. 71/1997).2. The claimant-respondents 1 to 7 filed an application claiming compensation to the tune of Rs. 2,00,000/- for the death of Sk. Shamim, son of claimant respondent No. 1 on account of a road accident. The skeletal picture of the claimants' case is as follows : On 3.10.1996 at about 1.00 A.M. when the truck bearing registration number OR-11-8188 reached near village Palora on N.H.6 all of a sudden it fell into a ditch and caused a serious accident as a reason whereof, the first claimant's son Sk. Shamim died instantaneously. After the accident, the deceased was taken to Ulberia Hospital for post mortem examination by the O.I.C., Ulberia P.S. and P.S. Case No. 152/96 was registered and subsequently charge-sheet was submitted in G.R. Case No. 554 of 1996. It ...
Mrs. Laxmipriya Das, Sashikanta Parida and Others Vs. State of Orissa ...
Court: Orissa
Decided on: Aug-16-2001
Reported in: 92(2001)CLT402; 2001(II)OLR358
A.S. Naidu, J.1. The petitioner are serving as Lecturers in Aided Educational Institutions of the State, They are neither litigation minded nor litigation is their pursuit. However, the lackadaisical attitude of the authorities has thrust litigation upon them, which they are constraint to pursue willy nilly, by approaching the portals of this Cpurt.The moot point which needs determination in the present case is as to whether validation of services of the lecturers of Aided Educational Institutions in consonance with the provision of the Orissa Act 14 of 1998 ipso facto entitle them to receive salary cost out of the Grant-in-aid and if so, from which date ?As the same points have been agitated in number of cases, I dispose of all the cases by this common older.3. It is submitted by the learned counsel, that the petitioners were appointed as lecturers in different faculties of Aided colleges/aided junior colleges, by the concerned Governing Body on temporary basis against approved or adm...
Bilasini Upadhyaya Vs. Usharani Biswal
Court: Orissa
Decided on: Aug-16-2001
Reported in: 92(2001)CLT501
B. Panigrahi, J.1. This appeal is directed against the reversing judgment passed by the Additional Civil Judge (Senior Division), Balasore in Misc. Appeal No. 30 of 1990, whereby the appellate court remitted the case back to the lower court for re-determinatton.2. The facts of the case lie within a narrow compass. The appellant as the sole plaintiff filed O. S. No. 53/80 I before the Munsif, Balasore, for declaration of her right, title and interest over the suit 'Kha' Schedule lands and for recovery of possession of the same from the defendant-respondent. The suit was eventually transferred to the court of the Additional Munsif, Balasore, who decreed the suit. The defendant being aggrieved by and affected with the judgment and decree passed by the trial court preferred Misc. Appeal No. 30 of 1990 before the Civil Judge (Sr. Division), Balasore, which was heard and disposed of by the Additional Civil Judge (Senior Division), Balasore. The appellate Court by the impugned order reversed ...
State of Orissa Represented by the Secretary to Government of Orissa F ...
Court: Orissa
Decided on: Aug-16-2001
Reported in: 92(2001)CLT587; 2001(II)OLR588
B. Panigrahi, J.1. The State of Orissa is the appellant against the judgment and decree passed by the learned Sub-Judge, Rairangpur in a Money Suit beating No. 1 of 1978 directing the State to pay a sum of Rs. 29,52435 paise along with proportionate cost.2. The factual matrix leading to this appeal is as follows: The respondent was the plaintiff in the trial court and had taken a Forest contract relating to Tinadiha (F. S. S. W. (Coupe No. XV1I/2 D.L. No. 6/1970-71) coupe in Karanjia Division in auction sale. An agreement was executed between the plaintiff and the Chief Forest Conservator of Forests and it was agreed that total amount of Rs. 1,15,100 would be paid by the plaintiff in four instalments.3. It is not in dispute that the plaintiff had paid three instalments in due time and extracted the logs as well as other forest produce in terms of the contract. But there was delay in payment of 4th instalment which he paid on 26-12-1972 amounting to Rs. 15,000/- and balance amount toget...
New India Assurance Co. Ltd. Vs. Smt. Rama Dei and ors.
Court: Orissa
Decided on: Aug-16-2001
Reported in: 2003ACJ687; 2001(II)OLR583
B. Panigrahi, J.1. At the time of admission, learned Advocate appearing for the parties have requested to take up the matter on merits. Accordingly, they addressed arguments at length.2. Claimant-respondents 1 to 5 are the legal heirs and successors of deceased Krushna Chandra Moharana, who was serving as a Senior Stenographer in the Orissa Secretariat in the Agriculture Department. On the faithful day i.e. on 22.8.1997 at about 9.45 A.M., said Krushna Chandra Moharana, while proceeding towards Cuttack from Phulanakhara Chhak and was going on the left side of the road, the offending bus named 'Sonax' bearing registration number ORU 8584 dashed against said Krushna Chandra Moharana and ran over him. The offending vehicle was coming from opposite direction, namely from Bhubaneswar and proceeding towards Cuttack. The victim was immediately shifted to the S.C.B. Medical College and Hospital, Cuttack, where he was declared dead. At the time of death, his pay was fixed under the revised scal...
Premananda Sarangi and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-14-2001
Reported in: 92(2001)CLT525
P.K. Tripathy, J.1. Petitioners were engaged as Non Formal Instructors on different dates and they continued as such during prevalent of the scheme of Non-Formal Education. It is the admitted position on record that the said scheme is no more functional and operative. On the other hand, a new scheme has been adopted by the State Government in collaboration with the Union Government for universalisation of the elementary education and that scheme is known as 'Swechhasebi Sikhya Sahayak Scheme.' Annexure-5 is a copy of that resolution providing the details of the scheme including the eligibility criteria. At paragraph 4.7 in Annexure-5 it has been provided that :--'N.F.E. instructors/supervisors and left out Sikhya Karmies may apply a long with others. They have to apply with others and compete on merit.'2. Learned counsel for the petitioner drawing attention of the Court to both the schemes, states that the persons who had been engaged in the N. F. E. Scheme in the meantime have been ag...
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