Orissa Court October 2002 Judgments
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Hrusikesh Mishra Vs. State of Orissa
Court: Orissa
Decided on: Oct-28-2002
Reported in: 2002(II)OLR708
P.K. Tripathy, J. 1. In this application under Section 482, Cr. P.C. petitioner has prayed to quash the order of cognizance dated 20.12.1999 in Special Case No. 14 of 2000 of the Court of Sessions Judge-cum-Special Judge, Balasore, arising out of G.R. Case No. 742 of 2000. Learned Sessions Judge-cum-Special Judge has taken cognizance of the offence under Sections 294/506, I.P.C. read with Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short the Act'). This application under Section 482, Cr.P.C. was heard along with a batch of cases involving similar legal issues and has been disposed of by separate judgments in each of the cases. It be noted that both the parties consented for disposal of this application under Section 482. Cr. P.C. at the stage of admission.2. One of the legal issues which is involved in the batch of cases is as to whether an investigation made by a Police Officer not appointed for investigation in accordance with Rule ...
Sri Akhaya Guru and Three ors. Vs. Rabindra Kumar Mallik
Court: Orissa
Decided on: Oct-28-2002
Reported in: 2002(II)OLR691
P.K. Tripathy, J.1. This case registered on an application under Section 482 of the Code of Criminal Procedure, 1973 (in short, the Code') is at the instance of the accused persons in I.C.C. No. 2 of 1998 of the Court of Special Judge, Jajpur, They challenge the order of the cognizance passed on 24.3.1998 by learned Addl. Sessions Judge-cum-Special Judge. Jajpur besides the order in allowing representation for one date on the application under Section 205 of the Code filed by accused-petitioner Pravati Guru as per order of the Special Judge on 20.7.1998.2. This application under Section 482 of the Code was heard along with a batch of Criminal Misc. Cases, where orders of cognizance have been challenged on the grounds of non-compliance of the provision in Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (in short, 'the Rules'). The issue involved in this case being different, this case is disposed of separately as per the following order.3. Cert...
Raj Dayal Saha Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-11-2002
Reported in: 95(2003)CLT128
P.K. Balasubramanyan, C.J.1. For the excise year 1.6.2001 to 31.3.2002, the petitioner was the licensee of two Indian Made Foreign Liquor 'Off shops. One was at Poda-Astia and the other was at Bisoi, both in Mayurbhanj district. As per the excise policy for the year 2002-2003, the petitioner was entitled to a renewal of the licences for these shops. The policy also provided that all existing IMFL. 'Off shops were to be renewed without any change in the licence fee and in the minimum guaranteed quota. Thus, on the terms of that policy, the petitioner was entitled to a renewal of his licence regarding both the shops. Even otherwise, under Annexure B/3, the sale notice for the shops during the year in which the petitioner bid for the two shops, the exclusive privilege once granted was to continue for consecutive three years including the year in which it was granted, subject to certain terms and conditions. Of course, the Government was entitled to change its policy and the petitioner has...
Sharmistha Chakravarty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-10-2002
Reported in: 94(2002)CLT717; 2002(II)OLR620
A.K. Patnaik, J.1. An Information Brochure was published for Joint Entrance Examination, Engineering & Medical - 2002, Orissa for admission to the First Year of Degree Courses in Engineering/Technology/ Architecture, Medicine/Dentistry/Pharmacy by the authorities of the Joint Entrance Examination (for short, 'the J.E.E.'). The petitioner applied for the MBBS Course as an Orissa State candidate and as a candidate for the 5% of the seats reserved for children of green card holders. For applying to the 5% of seats reserved forthe children of green card holders, a candidate is to be a native/ permanent resident of Orissa State and has to furnish along with the application form a copy of the resident/nativity certificate in the prescribed format provided in the Brochure as Appendix-1. The petitioner furnished along with her application such a certificate in Appendix-I to show that she was a permanent resident of Orissa State. An Admit Card was issued to her for joint entrance examination as...
Chief General Manager, Mahanadi Coalfields Ltd. and anr. Vs. Union of ...
Court: Orissa
Decided on: Oct-10-2002
Reported in: (2003)ILLJ381Ori; 2002(II)OLR632
P.K. Balasubramanyan, C.J. 1. The petitioners in O.J.C. No. 1213 of 2000 on the file of this Court are the appellants in this Letters Patent Appeal. O.J.C. No. 1213 of 2000 was filed by the appellants seeking to quash the order of the Industrial Tribunal, Orissa, Bhubaneswar in I.D. Case No. 65 of 1998 (Central) rejecting an application filed by the appellants, the Management to call for the file of the Government of India relating to the reference of the dispute made to the Tribunal. Earlier, there was an attempt at conciliation and on the failure report of the Conciliation Officer, the reference was made by the Central Government. The dispute related to certain workers who, according to the Management, were not its employees, but who, according to the Union, were employees of the Management. The Union had apparently made a claim on behalf of 190 persons claiming them to be workmen. In his failure report under Section 12(4) of the Industrial Disputes Act (hereinafter referred to as th...
Hrushi @ Hurusi Behera Vs. State of Orissa
Court: Orissa
Decided on: Oct-10-2002
Reported in: 95(2003)CLT235; 2003(86)ECC550; 2003(I)OLR167
B. P. Das, J. 1. The appellant in this appeal has challenged the order passed by the 2nd Additional Sessions Judge, Puri, in S.T. No. 27/12 of 1993 convicting him under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter the Act) and sentencing him to undergo rigorous imprisonment for ten years and also to pay a fine of rupees one lakh, in default, to undergo rigorous imprisonment for one more year. It may be stated here that the appellant is now aged about 72 years and has already spent more than ten years and four months in jail custody.2. Briefly stated, the prosecution case is that P.Ws. 3 and 4, who were respectively the Sub-Inspector of Excise and Constable of Excise, were on patrolling duty on 19.6.1992 at the Balugaon Railway Station. On arrival of Palasa-Puri train on platform No. 3 at about 8 A.M., P.W. 3 got information that the accused-appellant was coming with a bag-load of Opium poppy dust. Immediately thereafter, P.W. 3 found the accused coming ...
Ramesh Chandra Agrawalla Vs. South Eastern Railway and ors.
Court: Orissa
Decided on: Oct-10-2002
Reported in: I(2003)BC488
A.S. Naidu, J.1. The rejection of the tender submitted by the petitioner for supply, delivery, staking and loading of 35,675 cum. of 'Machine Crushed Ballast' as per RDSO's specification at Jujumura Depot of the S.E. Railway in pursuance of Tender Call Notice Annexure-1 is sought to be challenged in this Writ Petition. According to the petitioner, the rate quoted by him though lowest, the opposite party-Railway issued the Work Order in favour of opposite party No. 4 whose rate was the highest, that too after negotiation, behind the back of the petitioner.2. Bereft of al! unnecessary details, the short facts leading to filing of the present Writ Petition are:The S.E. Railway issued a Tender Call Notice Annexure-1 inviting sealed tenders in prescribed form from eligible Contractors for supply, delivery, stacking and loading of 35,675 cum. of 'Machine Crushed Ballast' as per the specification. The approximate value was Rs. 2,24,40,000.00. The conditions of tender and eligibility criteria ...
Nabadurga Constructions Pvt. Ltd. and anr. Vs. State of Orissa and 3 o ...
Court: Orissa
Decided on: Oct-10-2002
Reported in: I(2003)BC510; 2002(II)OLR628
P.K. Balasubramanyan, C.J.1. When this writ petition appeared in the list for orders, it was agreed to by learned Counsel on all sides that the writ petition itself may be heard and finally disposed of. Hence this writ petition itself was finally heard, especially since the counter affidavits and the rejoinder have already been filed.2. Tenders were invited for the work 'Construction of H.L Bridge over Kudutuli Nallah on Nuagaon-Kudutuli-Sainipada road in the district of Kandhamal'. The petitioner andopposite party No. 4 submitted tenders along with four others. Certain qualifications were prescribed for the intending tenderers. The tenderer had to be a Special Class and above contractor of State P.W.D. Irrigation/P.H.D./M.E.S./Railways, etc. having experience in bridge works particularly on well foundation with necessary construction machineries and equipments. Opposite party No. 4, whose correct name is Sarathi Das and not Dasarathi Das as described in the writ petition, was the lowe...
Rajendra Kumar Behera Vs. State of Orissa and anr.
Court: Orissa
Decided on: Oct-10-2002
Reported in: 2003CriLJ490
ORDERP.K. Tripathy, J.1. This case is taken out of turn from the weekly admission list on the request of learned counsel for the petitioner on the ground of urgency and on consent of learned Standing Counsel.2. Learned counsel for the petitioner files certified copy of the F.I.R. That be kept on record.3. Heard.4. Petitioner is one of the accused persons in G. R. Case No. 987 of 2000 of the Court of S.D.J.M., Jaipur for the offences alleged under Sections 366-A/376/354/34, I.P.C. He prays to quash the said proceeding on the basis of the affidavit filed that they (petitioner and opposite party No. 2) have married in the meantime and that, no useful purpose will be served by pursuing the criminal litigation. In support of that, petitioner relies on the case of Gaurirani Das v. State of Orissa (2002) 22 Ori Cri Rule 418.5. On the other hand, learned Standing Counsel referring to the case of Anil Kumar Panda v. State of Orissa (2001) 21 Ori Cri Rule 428 : (2001 Cri LJ 4359), argues that th...
Rajan Rahaman Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-10-2002
Reported in: 2002(II)OLR674
A.K. Patnaik, J.1. These two writ petitions relate to admission to seats in Medical Colleges in the State of Orissa reserved for the children of green card holders for the academic session, 2001.2. The facts briefly are that an Information Brochure for Joint Entrance Examination (for short, 'the J.E.E.') Engineering and Medical-2001, Orissa was published by the J.E.E. authorities. Clause 2.3.2 of the Information Brochure provided for reservation of seats for the children of green card holders and reads, as follows :'2.3.2. 5% of total seats in all Govt. colleges, free seats of all private Colleges and Orissa quota seats in REC, Rourkela are reserved for children of Green Card holders. Candidates applying for this category shall furnish along with the application form, a photocopy of page 5 of the Green Card. Note : The Green Card must have been issued by Family Welfare Department, Government of Orissa and should not have been used more than once prior to claiming admission under this r...
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