Orissa Court September 2001 Judgments
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Krushna Chandra Baliyarsingh Vs. Union of India and ors.
Court: Orissa
Decided on: Sep-28-2001
Reported in: 93(2002)CLT195; 2001(II)OLR548
P.K. Mohanty, J. 1. The petitioner is the father of the deceased constable P. K. Baliarsingh, who was shot at by a fellow constable while discharging his official duties and succumbed to the injuries in the hospital, has approached this Court for a direction to the opposite parties to grant all legal dues like death-cum-retirement gratuity, family pension etc., and a lump sum compensation of Rs. 10 lakhs.2. Undisputedly, the deceased constable P. K. Baliarsingh, son of the petitioner, was serving in 123 Bn.BSF. While deployed at Dera Baba Nanak, Punjab, he was shot at by another constable G. Ganapathy while on duty, causing bullet injuries in his left arm and left abdomen and was immediately admitted to Gurudev Nanak Dev Hospital for first-aid and subsequently shifted to the Civil Hospital at Amritsar for better treatment, but after four hours of treatment, he was declared dead. A court of enquiry was conducted to investigate into the circumstances, under which the incident took place ...
Dr. Mihir Kumar Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-28-2001
Reported in: 2001(II)OLR552
B. Panigrahi, J.1. These two writ applications which arise from a judgment passed by the State Administrative Tribunal in O. A. No. 2713 (C) of 1994 have been heard tog-ether and are disposed of by this common order.2. The petitioner in OJC No. 10240/99 was appointed as an Assistant Surgeon under the Health and Family Welfare Department with effect from 16.12.1976. He tendered his resignation on 17.11.1982 on account of his personal difficulties, but there was no order by the appointing authority showing that his resignation was accepted. The petitioner communicated through various letters asking the appointing authority to accept his resignation, but no order was received from their end. The petitioner seems to have proceeded on leave for indefinite period. Even then, the authorities did not give him a place of posting. It appears that the petitioners submitted an application by expressing his intention to withdraw the resignation, a copy of which was annexed as Annexure-9 to the Orig...
Nrusingh Kumar Panda Vs. Pandab Sahoo and ors.
Court: Orissa
Decided on: Sep-28-2001
Reported in: 2001(II)OLR497
Pradipta Ray, J.1. Informant Nrusingha Kumar Panda has filed this Criminal Revision against the judgment and order dated January 30. 1995 passed by the Sessions Judge, Ganjam- Gajapati at Berhampur in Sessions Case No. 275 of 1993 whereby the accused-opp. parties 1 to 3 have been acquitted from all the charges framed against them.2. The prosecution story in brief is :Informant is the owner of about 1 (one) acre of agricultural land in village Panada while his cousin Simanchal Panda is the owner of about 1/2 acres of adjacent land. There was a dispute between the accused Pandab Sahu and Simanchal Panda over the title and possession of the land claimed by Simanchal. On April 18, 1993 at about 9.00 a.m. the informant sent some labourers to cultivate his land. Cultivation of informant's land was over at about 12.30 p.m.. the labourers engaged by the informant told the informant that they had been paid money in advance by Simanchal to cultivate his land and they were going to cultivate the ...
Siba Sethi Vs. State of Orissa
Court: Orissa
Decided on: Sep-27-2001
Reported in: 2001(II)OLR555
B. Panigrahi, J.1. Conviction and sentence passed by the learned Second Addl. Sessions Judge, Berhampur dated 30.11.94 in Sessions Case No. 24/94 (S.C. No. 205/94 GDC) directing the appellant to undergo imprisonment for life has been assailed in this appeal.2. Prosecution case in short as described in the trial Court's judgment is as follows.Deceased was the adoptive mother of the appellant. She adopted the appellant and got him married with her daughter's daughter (P.W.2) four years preceding to the date of occurrence. After his marriage the appellant and his wife were living in the house of the deceased. The appellant and P.W.2 were blessed with a son who was about one year at the time of occurrence. On 15.4.94 the parents of P.W.2 had gone to the house of deceased to attend the first birthday anniversary of their grand-son. Deceased asked the appellant to present his in-law with new clothes on that occasion. But unfortunately he turned it down the therefore there was a quarrel betwe...
Sundaram Finance Ltd. Vs. Sales Tax Officer and anr.
Court: Orissa
Decided on: Sep-26-2001
Reported in: [2002]125STC565(Orissa)
R.K. Patra, Ag. C.J.1. In this writ petition, the petitioner seeks to assail the validity of the assessment order dated November 6, 1998 (annexure 1) made by the Sales Tax Officer, Bhubaneswar-I Circle for the year 1997-98 under Section 12(4) of the Orissa Sales Tax Act, 1947. The petitioner feels aggrieved by that portion of the order in which the Sales Tax Officer has treated the value of the goods supplied to the lessee, International Aluminium Products Limited (in brief 'I.A.P.L.') as per the agreement as 'intra-State sale'.2. The case of the petitioner is that it is a company registered under the Companies Act, 1956. It is essentially a financial institution and extends financial assistance to industrial houses/special contractors who are engaged by it for setting up of plants and machineries. As per the prevalent practice, they entered into agreement with their customers either by way of hire-purchase agreement or lease agreement. As both types of transactions are now brought int...
Reddy Ramesh Pradhan and anr. Vs. State
Court: Orissa
Decided on: Sep-25-2001
Reported in: 2001(II)OLR569
B. Panigrahi, J.1. The appellants have assailed the order of conviction and sentence passed against them Under Section 148, 452/149 and 302/34, I.P.C. by the learned 2nd Addl. Sessions Judge, Berhampur in Sessions Case No. 26/94 (S.C. 13/94 G.D.C.) sentencing the appellants to undergo rigorous imprisonment for 2 years Under Section 148, 3 years Under Section 452/149 and rigorous imprisonment for life Under Section 302/34, I.P.C. with a direction that the sentences would run concurrently.2. The prosecution story as unravelled during the trial is as follows : On 29th March, 1993 around 9.00 A.M. a frenzied mob consisting of the appellants and the other accused persons (since acquitted) being armed with lathi, sword, cycle chain etc. made their forcible entry into the Huma High School campus raising slogans. They surrounded the residential quarters of P.W.4 Madhab Chandra Samant who was then the Hindi Teacher of the School and uttered provocative slogans. The mob demanded to spare the dec...
Namita Patnaik @ Mohanty Vs. Dillip Kumar Pattnaik
Court: Orissa
Decided on: Sep-24-2001
Reported in: I(2002)DMC248
A.S. Naidu, J.1. This appeal is preferred under Section 19(1) of the Family Courts Act by the unsuccessful defendant wife (appellant in the present appeal) being aggrieved by the judgment dated October 5,1996 passed by the Judge, Family Court, Cuttack in Civil Proceeding No. 186 of 1991.2. Dillip Kumar Pattnaik, the plaintiff-husband (respondent in the present appeal), filed Civil Proceeding No. 186 of 1991 praying, inter alia, for a declaration that the document styled as 'Bibaha Bandhan Agreement' bearing Registration No. 703 dated 24.11.1986 registered before the Sub-Registrar, Cuttack. is a fraudulent and fabricated one and that he had never married the defendant-wife, Namita Mohanty and the latter is not his married wife as well as for other consequential reliefs.3. The short facts which are necessary for appreciating the case are as follows :The plaintiff-husband is an employee of the Postal Department and at the relevant time (1986) was posted at Athagarh. The fathers of both th...
Nrusingha Charan Biswal and ors. Vs. Member, Board of Revenue, Orissa ...
Court: Orissa
Decided on: Sep-21-2001
Reported in: 93(2002)CLT217
A.S. Naidu, J. 1. The legal heirs of a tenant have filed this writ application challenging the initiation of a suo-motu proceeding under Section 38-B of the Orissa Estate Abolition Act by the Member, Board of Revenue and annulling the settlement by the order dated 2.6.1987 (Annexure-8).2. The matter was admitted by this Court by order dated 11.1.1995 and notice was issued. No counter affidavit has been filed by the opposite parties.3. Heard Mr. Routray, learned counsel for the petitioner and learned counsel for the State.4. Admittedly, the disputed land measuring Ac.9.35 dec. appertaining to Plot No. 2830, Sabik Khata No. 964 situated in Mouza Taradipal, P. S. Pattamundai in the undivided district of Cuttack, now in the district of Kendrapara was part and parcel of the intermediary estate of Govinda Jew Thakur. The estate of Govinda Jew Thakur vested with the State Government in accordance with the provisions of the Orissa Estate Abolition Act, hereinafter referred to as 'O.E.A. Act' f...
The Union of India and ors. Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Sep-21-2001
Reported in: 92(2001)CLT785
A.S. Naidu, J. 1. The General-Manager, South-Eastern Railways, has filed these writ applications, inter alia, challenging the propriety and/or otherwise of the Irrigation Department of the State of Orissa in raising the demands of water rate under the provisions of the Orissa Irrigation Act, 1959 and the Orissa Irrigation Rules, 1961 (hereinafter referred to as the 'Act and the Rules' respectively) for lifting water from the 'Hirakud Reservoir' at Jharsuguda for different purposes commencing from 1951. The facts and the point of law being identical in all the writ applications and the only dispute being the source fromwhich the water is used by the petitioner and the quantity of such use, all the writ petitions are disposed of by this common judgment. 2. Bereft of all unnecessary details, the facts which are necessary for effectual adjudication of the present dispute, are as follows Admittedly, the South-Eastern Railway is lifting water by using three pump sets in different places at J...
Rama Chandra Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-21-2001
Reported in: AIR2002Ori25; 2001(II)OLR461
R.K. Patra, J.1. This petition made under Articles 226 and 227 of the Constitution of India is by way of public interest litigation. The petitioner who claims to be the Editor of a daily newspaper 'Bartamana Samachar' seeks to assail the validity of notification dated 25-11-1996 (Annexure-4) of the Government of Orissa in the department of Public Grievances and Pension Administration appointing Justice K. P. Mohapatra (retired) opposite party No. 4 as Lokpal, Orissa.2. Shri Misra, learned counsel for the petitioner, has made a two-pronged salvo to the appointment of Lokpal which are as follows :(i) Under Section 3(1) of the Orissa Lokpal and Lokayuktas Act, 1995 (hereinafter referred to as 'the Act') it is the Governor who is to appoint the Lokpal after following the due procedure laid down for the purpose, but in the instant case, it was the Chief Minister who initiated the process ultimately leading to the issuance of the impugned notification. Therefore, there was clear breach of th...
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