Orissa Court February 2002 Judgments
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Suhrid Ranjan Dasgupta Vs. Steel Authority of India and anr.
Court: Orissa
Decided on: Feb-20-2002
Reported in: [2002(93)FLR713]; (2002)IIILLJ91Ori
R.K. Patra, J. 1. The decision of the Steel Authority of India Limited, Rourkela Steel Plant, communicated in letter dated March 20 1996 (Annexure-4) superannuating the petitioner from service with effect from March 31, 1997 has been challenged in this writ petition oh the ground that his actual date of birth is March 16, 1941 and not March 16, 1939.2. The case of the petitioner is that he entered into service of Rourkela Steel Plant as a Khalasi in June, 1960 and continued as such till the year 1968. While he was working as such, he was arrested in connection with Township P. S. Case No. 333 dated August 29, 1968 under Section 14 of the Foreigner Act read with Sections 471/474 of the Indian Penal Code. He was placed on trial in S.T. Case No. 11/19 of 1969 to face the aforesaid charges. He was acquitted by the learned Sessions Judge, Sundargarh. In the certificate of registration granted to him under the Citizenship Act, 1955 on February 6, 1971 his age was mentioned as 29 years 3 mont...
Sri Rabindra Kumar Jena Vs. Managing Director, Osfc and 3 ors.
Court: Orissa
Decided on: Feb-19-2002
Reported in: 93(2002)CLT670
P.K. Balasubramanyan, C.J. 1. Heard learned counsel for the writ petitioner, learned counsel for the Transport Department and learned counsel for the Orissa State Financial Corporation. 2. The prayer in this writ petition is for issue of a writ of mandamus directing the transfer of ownership of the motor vehicle bearing registration No. OR-04-4757 and for other incidental reliefs. The vehicle belonged to opposite party No. 4. It was hypothecated to the Orissa State Financial Corporation. In enforcement of its rights, the Orissa State Financial Corporation (hereinafter referred to as the 'Corporation') brought the vehicle to sale. The offer made by the petitioner herein was accepted. The petitioner there upon sought the transfer of ownership in the certificate of registration and also sought the issue of a duplicate Registration certificate. The authority took the stand that the motor vehicle tax under the Orissa Motor Vehicles Taxation Act was in arrears and unless and until that amoun...
Swarupananda Das Vs. Tahasildar and ors.
Court: Orissa
Decided on: Feb-19-2002
Reported in: 2002(I)OLR506
P.K. Balasubramanyan, C.J.1. A long term lease was granted to the petitioner under the Orissa Minor Mineral Concession Rules, 1990 (hereinafter referred to as the 'Rules'). That lease enured till 30.6.2003. While the lease was continuing, Annexure- 4 notice was issued informing the petitioner that there was default on his part to report about the death of a person in his mining area as contemplated by Rule 14 (6) of the Rules. By Annexure-5 the petitioner-lessee sought to contend that he was not available in the locality for a period of three months, that somebody had trespassed into his mining area without his knowledge and that he had no responsibility for the death that had occurred and that was the reason he had not reported the death. The authority concerned, the Tahasildar, (opposite party No. 1) found the explanation of the petitioner that he was away from the locality for a period of three months, and that a trespasser had entered the mining area unacceptable, especially in the...
Ujala Rout and ors. Vs. Khalli Jena and ors.
Court: Orissa
Decided on: Feb-18-2002
Reported in: 2002(I)OLR430
A.S. Naidu, J.1. Lisin the these two First Appeals commenced as long back as in the year 1969. These two First Appeals are also pending since last more than two decades. We felt that any more delay in disposal of the Appeals would virtually cause denial of justice. The Appeals were taken up for hearing in spite of some preliminary objections and are heard at length. As both the First Appeals involve common facts and are out of one judgment, the same are disposed of by this common judgment.2. Bereft of all necessary details, the short facts which are necessary for effectual adjudication of the two Appeals are stated herein below :Admittedly, the lands in dispute appertaining to Survey Nos. 123/1, 121/4 and 78/2 under Patta No. 148, situated at village Adduapada in Badakhemindi Tahasil were part and parcel of the Intermediary estate of Sri Ramachandra Deo, Ex-Intermediary of Badakhemindi. On promulgation of the Orissa Estates Abolition Act (hereinafter referred to as 'the OEA Act') the E...
Goutam Samal and ors. Vs. State of Orissa, Represented Through the Sec ...
Court: Orissa
Decided on: Feb-14-2002
Reported in: 93(2002)CLT547
P.K. Balasubramanyan, C.J.1. The Urban Co-operative Bank Ltd., Cuttack (opposite party No. 3) (hereinafter referred to as the 'Society') is kept under control of the Administrator or the Committee under the provisions of Section 32 of the Orissa Co-operative Societies Act, 1962 (in short, the 'Act'). While the Committee or the Administrator was in charge of the affairs of the Society, the Administrator or the Committee called for Annual General Body Meeting of the society as mandated by Section 29 of the Act. Though no individual notice in terms of Rule 26 of the Orissa Co-operative Societies Rules, 1965 (in short 'the Rules') was given, the notice was published in two dailies, i.e. one in vernacular and the other in English as provided and the publications dt. 8.6.2001 gave clear 15 days notice from the date of publication for the meeting to be held on 25.6.2001.2. The writ petitioners, who are the members of the society, have come up with the present writ petition challenging the not...
Ramakanta Patra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-14-2002
Reported in: 93(2002)CLT706; 2002(I)OLR481
B.P. Das, J. 1. This application arises out of an order passed by the learned Sessions Judge, Balasore in G. R. Case No. 1194 of 1997, corresponding to S.T Case No. 98 of 2001 in transferring the same to the court of Judicial Magistrate, Basudevpur.2. The case of the petitioner is that he is an accused in G. R. Case No. 1195 of 1997 for the offences under Sections 148/149/452/323/324/326/307/379,1.P.C., which was subsequently turned to Section 302, I.P.C. The Petitioner is also the informant in Q. R. Case No. 1194 of 1997, wherein the informant in the other case was charged for commission of the offences punishable under Sections 341/323/324, I.P.C. read with Section 34, I.P.C.4. G. R. Case No. 1195 of 1997 being exclusively triable by the Court of Session, the learned Magistrate committed the said case to the court of learned Sessions Judge, Balasore which was subsequently registered as St. No. 60/99/2001 and the learned Sessions Judge transferred the said record to the file of learne...
Bhaiga Sahu Vs. State of Orissa
Court: Orissa
Decided on: Feb-14-2002
Reported in: 93(2002)CLT684
B.P. Das. J.1. The petitioner has been convicted under Section 47(a) of the Bihar and Orissa Excise Act and sentenced to undergo S.I. for six months and to pay fine of Rs. 500/-, in default to undergo S.I. for one month more, by the learned S.D.J.M., Keonjhar. .Being aggrieved by the said order, the petitioner preferred an appeal before the learned Sessions Judge, Keonjhar who has confirmed the order of conviction and sentence passed by the learned S.D.J.M., Keonjhar. Hence, this revision.2. Learned counsel for the petitioner submits that the petitioner is now aged about 75. He challenges the order of conviction on the ground that the trial court should not have relied upon the version of the official witnesses in absence of any independent witness corroborating the said version P.W. 2 who is an independent witness being a person of the locality denied the case of the prosecution in toto so far as recovery of I.D. liquor from the house of the petitioner is concerned.3. The alleged occu...
Bhanja Paramanik Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-14-2002
Reported in: 2003CriLJ982
ORDERC.R. Pal, J. 1. The petitioner, who is the informant in C.R. Case No. 595 of 1996 of the Court of S.D.J.M. Balasore corresponding to Balasore Town P.S. Case No. 160 of 1996 has filed this petition under Section 482, Cr. P.C. challenging the legality of the order dated 6-4-1998 passed by the learned Assistant Sessions Judge, Balasore in S.T. No. 19/63 of 1997 refusing the prayer of the petitioner to stay the further proceeding in the case iting (sic) commitment of the complaint case I.C.-C. No. 113 of 1997.2. The facts of the case, in brief, giving rise to this petition are as follows :--The petitioner lodged an FIR at the Balasore Town P.S. against the opposite party No. 2, Babula alias Sanjaya Kumar Behera alias Tarai alleging that he kidnapped his minor daughter Kumari Sanjulata Paramanik to compel her to marry him. On the basis of the above information aforesaid P.S. Case was registered. Police took up investigation and on completion of investigation, submitted charge-sheet aga...
Budu Khura Vs. State of Orissa
Court: Orissa
Decided on: Feb-13-2002
Reported in: 2002(I)OLR428
B. Panigrahi, J.1. This appeal assails the order of conviction and sentence under Section 302, I.P.C. in S.C. No. 102/93 (S.C. No. 119/93) passed by the learned Addl. Sessions Judge, Jeypore directing the appellant to undergo R.I. for life for having caused the death of deceased Pitchu Khura.2. The prosecution case, in short, is as follows :The appellant was staying in village Singha Mundi which was about two miles away from the village of the deceased. On 31.12.1992 at about 10 A.M. the deceased came to the house of the appellant and asked him to pay Rs. 100/- to meet the delivery expenses of his wife. The appellant refused to pay such money and abused the deceased in filthy language. The deceased had, thereafter, removed a paddy bag from the house of appellant. Immediately thereafter a quarrel ensued between them and the appellant being incensed by anger inflicted a blow by means of a bamboo lathi, as a result of which the deceased sustained bleeding injuries on his head and sometime...
D.D. Builders Limited Vs. Union of India (Uoi), Represented by the Gen ...
Court: Orissa
Decided on: Feb-12-2002
Reported in: 43(2002)CLT490
P.K. Balasubramanyan, C.J. 1. The petitioner entered into a contract with South Eastern Railway for execution/construction of earth work in formation, minor bridges etc. in Section Norla Road-Lanjigarh Road. The contract was valued at Rs. 2,78,57,157/-. The agreement was entered into on 31.1.2001. The date of completion of the work was fixed as 12.2.2002. It was found by the Railways that the petitioner had not taken adequate steps to complete the work within the time fixed. In the Review Meeting held on 20.7.2001, it was noticed that though 40% of the time allowed for completion of the work was exhausted, the petitioner had only done 6-7% of the work. The petitioner was, therefore, given notice including notice of 48 hours calling upon it to take up the work early and complete the same within time. Ultimately it is seen that in the meeting held on 20.7.2001, a decision was taken and the details of such decision are indicated in paragraph 14.1 of the writ petition, and also are seen in...
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