Orissa Court January 2002 Judgments
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Priyambada Pani Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-31-2002
Reported in: AIR2002Ori117; 93(2002)CLT401; 2002(I)OLR355
B. Panigrahi, J.1. This writ application has assailed the validity, propriety and legality of the order passed by the Tahasildar, Kujang rejecting an application filed by the petitioner for issuance of a Certificate of Other Backward Caste (in short 'O.B.C.') in her favour.2. The facts of the case lie within a short-compass.Petitioner, who is Brahmin by caste married to one Raj Kishore Nath, who is a 'Tanti' by caste sometimes in 1986 according to the Hindu customary rites and ceremonies. Undisputedly the caste 'Tanti' comes under the purview of the Other Backward Caste and accordingly petitioner's husband Raj Kishore Nath was granted an O.B.C. Certificate by the competent authority on 17.11.2001 vide Annexure-1 to the writ application. The petitioner filed an application before the Tahasildar, Kujang for issuance of an O.B.C. Certificate in her favour, which was registered as Misc. Case No. 1282/2001. The Tahasildar, Kujanga (Opp. party No. 3) after due enquiry rejected the applicatio...
Sujata Mallick and ors. Vs. Council of Higher Secondary Education and ...
Court: Orissa
Decided on: Jan-31-2002
Reported in: AIR2002Ori123
P.K. Mohahty. J. 1. The petitioners assail the order of cancellation of examination in subject M.I.L. (Oriya) (Regular and Ex-Regular) of Commerce stream held on 7-3-2001 and Political Science Paper-11 (Regular) held on 7-3-2001 vide Annexures-8 and 9 respectively of Chitalo Mahavldyalaya Centre in the district of Jaipur.2. The petitioners are students of +2 Arts and Commerce stream of Chitalo Mahavidyalaya who had appeared at the Annual Higher Secondary Examination 2001. The +2 Arts and Commerce Examinations were conducted as per the programme, a copy of which is Annexure-1 and according to the petitioners the Examination was conducted smoothly and strictly in accordance with the rules, being supervised by the Tahasildar and Additional Tahasildar of Jaipur, the teachers of the college having gone on strike due to call given by the All Orissa Non-Government Teachers' Association. It is asserted that the Examination centre in question had been supervised for 21 times by Central squad an...
Kelu Charan Sahu and Trilochan Panda Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-30-2002
Reported in: (2002)93CALLT457(NULL)
L. Mohapatra, J.1. These applications under Section 482 Cr.P.C. have been filed challenging the order dated 2.3.94 passed by the fearned Judicial Magistrate First Class, Laxmipur taking cognizance of offence under Section 201 of the Indian Penal code against the petitioners in both cases.2. Mr. Dhal appearing for the petitioners submitted that the facts and circumstances on the basis of which the impugned order has been passed has no basis and on the other hand there is an admission on the part of the informant with regard to non-involvement of the principal accused in the alleged offence. Therefore, when the order of cognizance under Section 379 of the Indian Penal Code against the principal accused cannot stand the Magistrate could not have taken cognizance under Section 201 I.P.C. against the present petitioners. From the record, it appears that on the basis of information lodged by the informant Madhusudan Nayak investigation was taken up. The allegation in the F.I.R. is that the i...
Managobinda Sahoo and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-29-2002
Reported in: 2002(I)OLR352
B. Panigrahi, J.1. The petitioners, who are the villagers of Kantiokateni have filed this case for declaring letter No. 6829 dated 8.12.2000 issued by the Divisional Forest Officer. Dhenkanal to be illegal and, consequently, no action shall be taken thereon. In this case ward members of Ward Nos. 1,4,5,6,8,9.10 and 11 have filed an application to be included as Intervenors and their application was directed to be considered at the time of hearing of the case. The opposite parties have filed their counter affidavit in this case, inter alia, denying the averments of the writ application.2. The writ petitioners have claimed to have constituted Vana Surakhya Samiti (in short 'V.S.S.') in consultation with the opposite party No. 2. After formation of such V.S.S.. it is stated that there was a memorandum of understanding between the petitioner and the opposite parties. The V.S.S. was constituted with a view to protect, safeguard and conserve the forest growth and the villagers shall only be ...
Keshab Marai @ Dharua Marahi and ors. Vs. Kunja Behari Patel and ors.
Court: Orissa
Decided on: Jan-28-2002
Reported in: AIR2002Ori121; 93(2002)CLT304
P.K. Patra, J.1. Defendant No. 5 in Money Suit No. 110/22 of 1975/77 has challenged the judgment dated 22.9.1979 and decree dated 26.10.1979 passed by the Subordinate Judge, Patnagarh dismissing the suit on contest against defendant No. 1 (State of Orissa), ex parte against defendant Nos. 2 and 4 without cost and decreeing the suit ex parte against defendant Nos. 3 and 5 in part with proportionate cost directing them to jointly pay a sum of Rs. 1,500.00 as damages to the plaintiffs who had clamed damages to a turn of Rs. 10,000.00 against the defendants too the loss sustained by them due to failure of their crop by the acts of the defendants depriving them of their right to irrigate their lands.2. The plaintiffs are residents of village Rugudimunda in the Subdivision of Patnagarh, district Bolangir. Their ancestors were the Thikadars' of the village. Plot No. 212 of their village is a water reservoir and is recorded as such in the R.O.R. of 1936 Settlement. The lands described in Sched...
Special Land Acquisition Officer Vs. Banamali Gochhait and ors.
Court: Orissa
Decided on: Jan-28-2002
Reported in: 93(2002)CLT311
P.K. Patra, J.1. This is an appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') challenging the award dated 15.12.1993 of the learned Subordinate Judge, Angul in L. A. Misc. Case No. 19 of 1986 on a reference under Section 18 of the Act.2. The facts leading to this appeal are as follows :The State of Orissa acquired different kinds of land for the purpose of National Aluminium Company Project issuing a notification under Section 4(1) of the Act dated 10.7.1981. The Land Acquisition Officer awarded compensation at the rate of Rs. 12,500.00 per acre of all varieties of land and the claimants received the awarded amounts under protest. They requested the Land Acquisition Officer to make a reference under Section 18 of the Act to court and out of several references, the learned Subordinate Judge, Angul disposed of thirty-two references by a common judgment in L. A. Misc. Case No. 52 of 1986 as per a decision of the Supreme Court reported in (199...
New India Assurance Co. Ltd. Vs. Sumati Sethi and ors.
Court: Orissa
Decided on: Jan-28-2002
Reported in: 93(2002)CLT308
P.K. Patra, J.1. This is an application under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred as 'the Act') challenging the order dated 23.5.1998 passed by the 2nd M.A.C.T., Cuttackin Misc. Case No. 576 of 1995 directing payment of Rs. 50,000.00 to the claimants as interim relief, under no fault liability u/s. 140 of the Act.2. The claimants were the dependents of the deceased who died in a motor accident caused by the offending tanker bearing registration number ORP 7231. The present appellant - the Insurance company - objected to the said prayer and after hearing the parties and perusing the-documents on record, the 2nd M.A.C.T. was of the view that the death of the deceased was caused due to the rash and negligent driving of the driver of the offending vehicle. Accordingly he allowed the prayer of the claimants and rejected the objection raised by the Insurance Company that at that stage the claimants were to prove the accident and that the death of the deceased...
Gemini Pvt. Ltd. Vs. Industrial Promotion and Investment Corporation o ...
Court: Orissa
Decided on: Jan-28-2002
Reported in: 93(2002)CLT318
P.K. Patra, J. 1. This is an application under Section 115 read with Section151 of the Code of Civil Procedure, 1908 (for short 'CPC') prayingfor setting aside the order dated 15.12.1997 passed by the CivilJudge (Senior Division), First Court, Cuttack in Misc. Case No.527 of 1995 arising out of Execution Case No. 176 of 1989 bywhich the objection filed by the opposite party under Order 21 Rule 58CPC for vacating the attachment order dated 1.3.1990 in respectof a sum of Rs. 3,43,554.00 has been allowed and the attachedmoney has been released. 2. The petitioner filed Money Suit No. 173 of 1985 for recovery of a sum of Rs. 5,10,809.70 towards outstanding commission charges from the defendants M/s. Mysore Machinery . and five others including defendant No. 4, the Orissa State Financial Corporation, who was the guarantor for the loanees. The Opposite party, Industrial Promotion and Investment Corporation of Orissa Ltd. (for short 'IPICOL'), was also a guarantor for the loanees, but was not ...
Rana Ranjit Singh Vs. Hindustan Steelworks Construction Limited and an ...
Court: Orissa
Decided on: Jan-28-2002
Reported in: 93(2002)CLT314
B.P. Das, J. 1. The petitioner in this writ petition under Articles 226 and 227 of the Constitution of India prays for issuance of writ in the nature of mandamus directing the opposite parties - Hindustan Steelworks Construction Ltd., a Govt. of India Undertaking (hereinafter called 'the Company') and its Group General Manager at Duburi - to allow the petitioner to go on voluntary retirement under the voluntary Retirement Scheme introduced by the company, as per the petitioner's application dated 25.8.2000 (Annexure-2) and to grant the consequential benefits under the said Scheme. 2. The petitioner's case, in brief, is that he is an employee of the Company and is at present posted as the Senior Manager in its Unit at Duburi in the district of Jajpur. The opposite party -company came up with a circular dated 10.8.2000 (Annexure-1) by which it extended the Voluntary Retirement Scheme for a further period upto 30.9.2000 and invited applications from its employees opting for the benefits u...
Sazid Khan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-28-2002
Reported in: 93(2002)CLT413
P.C. Naik, J. 1. The challenge in this writ application was to the order of detention dated 2.10.2000 passed under sub-section (2) of section 3 of the National Security Act, 1980 (in short, 'the Act'). The order was passed by the then District Magistrate Mr. Basant Charan Swain, who had been conferred powers under the said provision of the Act in terms of the Home Department Order No. 5386/C dated 14.09.2000.2. After the necessary statutory safeguards were followed and the representations having been rejected and considering the opinion of the Advisory Board that there was sufficient ground for detaining the petitioner, the order of detention was confirmed by the State Government on 27.11.2000.3. When the petition came up for hearing, the learned counsel fairly stated that it has become infructuous. He, however, submitted that the period of detention having been over, the decision may be confined with respect to the question of propriety of the affidavit filed by a District Magistrate ...
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