Orissa Court January 2003 Judgments
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Bishi Keshan Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-29-2003
Reported in: 2003(I)OLR324
A.K. Patnaik, J.1. This is habeas corpus petition filed by the petitioner for quashing the order of detention dated 10.10.2002 passed by the District Magistrate, Nayagarh under Sub-section (2) of Section 3 of the National Security Act, 1980 (for short 'Act, 1980)'.2. The brief facts relevant for the purpose of disposal of this writ application are that the petitioner had been arrested and was in intermediary judicial custody in Dasapalla Sub- jail in connection with Khandapara P.S. Case No. 123 dated 1.12.2001 under Sections 147, 148, 323, 326, 354, 307, 302, 109, 139, IPC/25/27 Arms Act and khandapara P.S. Case No. 63 dated 11.9.2002 under Sections 341, 294, 353, 506, 307, 34, IPC/25/27 Arms Act. While he was in custody, the impugned order of detention dated 10.10.2002 was passed by the District Magistrate, Nayagarh. The grounds of detention were served on the petitioner by communication dated 10.10.2002 of the District Magistrate, Nayagarh. The Government of Orissa in Home Department...
Bidesi Bagarty Vs. Jogendra Sahu and ors.
Court: Orissa
Decided on: Jan-27-2003
Reported in: 2003(II)OLR42
B.P. Das, J.1. This miscellaneous appeal is directed against the judgment and decree dated 10.1.2000 and 20.1.2000 respectively passed by the District Judge, Balangir in Title Appeal No. 25 of 1996. While disposing of the said appeal, the appellate Court set aside the judgment and decree passed by the Civil Judge (Senior Division), Balangir in Title Suit No. 65 of 1992 and remitted the suit to the trial Court with the following direction :'To frame an additional issue to the effect whether there was partition between Satya and Baji. and whether in such partition part of the suit land measuring Ac. 0.62 decimals corresponding to 1936 settlement plot No. 582 fell to the share of Baji and to decide the said issue by giving opportunities to the defendants to lead further evidence. The plaintiff shall in no circumstance be allowed to participate in the hearing of the fresh issue. After evidence in the new issue is received, the trial Court is to decide the suit afresh on the basis of the ev...
Rasmi Ranjan Sahoo and Bibhu Prada Das Vs. Board of Secondary Educatio ...
Court: Orissa
Decided on: Jan-27-2003
Reported in: 2003(I)OLR419
P.K. Balasubramanyan, C.J.1. The petitioners had approached this Court earlier with writ petitions complaining inter alia that their request for rechecking of addition of marks ' had not been complied with by the concerned authorities. This Court directed the authorities to take up the exercise of rechecking of addition of marks and inform the petitioners of the result. This Court also observed that if the petitioners feel aggrieved by the communication in that behalf, they may approach this Court again. The authorities sent communication to the petitioners informing them that the Committee constituted for the purpose had checked the addition of marks and there was no change. It is on receiving these communications that the petitioners have come up again to this Court with these writ petitions.2. There is no dispute that the petitioners are not entitled to a revaluation of their answer papers as of right. But, as has been noticed by this Court, in compelling circumstances and for good ...
Subal Baliarsingh and anr. Vs. Chanchala Bewa and anr.
Court: Orissa
Decided on: Jan-24-2003
Reported in: 95(2003)CLT438
L. Mohapatra, J.1. The defendants are the appellants against a reversing judgment.The suit was filed for eviction of the defendants from the suit properties, for damages along with arrear rent as described in Schedule 'C' of the plaint, for permanent injunction restraining the defendants from entering into the suit plots and alternatively for recovery of possession in the event the plaintiffs fail to prove tenancy in respect of the suit property.2. The case of the plaintiffs is that one Gangadhar Srichandan was the owner of the suit properties described in Schedules 'A' and 'B' consisting of two plots i.e. 400 and 398 extending to an area of Ac. 0.048 decimals and Ac. 0. 020 decimals respectively. The dispute relates to 20 decimals of land over which a pucca building consisting of three rooms and a shed is existing. So far as the rest portion of the disputed lands are concerned, they are partially used for the purpose of growing crops and are exclusively under the possession of the pla...
Ratha Behera and ors. Vs. Gangei Behera and ors.
Court: Orissa
Decided on: Jan-24-2003
Reported in: 95(2003)CLT467
L. Mohapatra, J.1. Defendants 1 to 3 are appellants before this Court against a confirming judgment.Respondent No. 1 filed the suit for partition of the suit properties and allotment of 3/4th share in his favour. The suit having been preliminarily decreed the defendants 1 and 3 preferred an appeal before the learned Additional District Judge, Jajpur and the appealhaving been dismissed the present Second Appeal has been filed by defendants 1 to 3.2. Case of the plaintiff-respondent is that late Sindhu Behera was the original owner of the suit properties and the plaintiff is his natural born son. Prior to birth, his parents had adopted one Bali Behera, father of defendants 1 to 6. Sindhu Behera died sometime in the year 1926 and the current settlement operation having been completed by that time, name of Sindhu Behera appeared in the record of rights without any correction. Further case of the plaintiff is that he being the natural son of late Sindhu Behera is entitled to 3/4th interest ...
Bipra Charan Kar Vs. Chief General Manager, State Bank of India and or ...
Court: Orissa
Decided on: Jan-24-2003
Reported in: (2003)IILLJ928Ori
A.K. Patnaik, J.1. The petitioner initially joined the service of the State Bank of India on February 16, 1971 as a Clerk-cum-typist. He was promoted to the Officer Cadre on May 1, 1981. Rule 19(1) of the State Bank of India Officers' Service Rules, 1992, as amended, provided that an officer shall retire from the service of the Bank on completion of thirty years of service. But the proviso empowered the competent authority to extend the service of such an officer who has completed thirty years of service should such extension be deemed desirable in the interest of the Bank. After the petitioner completed thirty years of service, he was intimated on November 1, 2001 that the competent authority had decided not to grant him extension in service beyond November 30, 2001. The petitioner filed an appeal against the said decision not to grant him extension in service beyond November 20, 2001 before the Chief General Manager, State Bank of India, Bhubaneswar. On November 27, 2001 the petition...
Sunil Rajgarhia Vs. Orissa State Financial Corporation and anr.
Court: Orissa
Decided on: Jan-22-2003
Reported in: AIR2003Ori131; 2003(I)OLR260
ORDER1. M/s. Shrivally Synthetics Pvt. Ltd. owned an industry in D-2/11, Sector -A, Zone-D, Mancheswar Industrial Estate, Bhubaneswar. The said industry was financed by the Orissa State Financial Corporation, (in short, 'OSFC'). The aforesaid industry of M/s. Shrivally Synthetics Pvt. Ltd. was taken over by the OSFC under Section 29 of the State Financial Corporation Act, 1951 and sold to the petitioner at a price of Rs. 18 lakhs. The sale agreement was executed between the OSFC and the petitioner on 21-1-2002. The assets of the aforesaid industry comprising of land and building were given in possession of the petitioner on 25-1-2002. On 5-2-2002, the Branch Manager, OSFC, Bhubaneswar Branch informed the Chief General Manager, IDCO that the aforesaid industrial land and building of M/s. Shrivally Synthetics Pvt. Ltd. have been sold to the petitioner, the proprietor of M/s. Auro Agencies, located at Puspa Market, Room No. 1, Cuttack Road, Bhubaneswar-6 and the petitioner has taken over ...
Dinabandhu Patro and ors. Vs. State Bank of India and ors.
Court: Orissa
Decided on: Jan-22-2003
Reported in: AIR2003Ori129
ORDERB.P. Das 1. This application has been filed by the petitioners under Section 115 of the Code of Civil Procedure ('CPC' in short) assailing the order passed by the District Judge Ganjam-Gajapati. Berhampur in M.J.C. No. 30 of 2002, disposing of an application filed under Section 24 of the C.P.C. by the defendants, the present petitioners, with a prayer for transfer of T.M.S. No. 68 of 1998, pending before the Civil Judge (Senior Division), Aska to the Court of the Civil Judge (Senior Division), Berhampur. 2. The State Bank of India, i.e.. opposite party No. 1 as plaintiff has filed the above suit for recovery of the loan amount from the present petitioners as well as opposite parties 2 and 3 jointly and severally. The application under Section 24, CPC was rejected by the District Judge with the observation that mere adjournment application and posting the suit for peremptory hearing does not come within the ambit of Section 24, C.P.C. As it appears from the impugned order, the suit...
Prakash Chandra Panda Vs. Institute of Life Science and ors.
Court: Orissa
Decided on: Jan-22-2003
Reported in: (2003)IILLJ921Ori
P.K. Mohanty, J.1. The petitioner's case in brief is that he has obtained the electrical workman's permit having passed 'C' Certificate Examination in the year 1992. The opposite party, Institute of Life Science being in need of electrician for looking after the maintenance of electrical fitting of the Institute conducted an interview and he got selected and appointed as electrician w.e.f. November 14, 1994 with an assurance that his service will be regularised after obtaining the approval for the post and till then the service of the petitioner would not be terminated. In the last part of 1996 in the month of October, 1996 in order to debar the petitioner's legitimate claim for regularisation, he was terminated and in his place one Pramod Kumar Bastia was appointed by order dated October 24, 1996 in Annexure 2. Since after October 30, 1996 the petitioner was not allowed to perform his duty. The petitioner therefore claims and prays for a direction to the opposite parties to regularise...
Management of Aska Co-operative Central Bank Ltd. Vs. State of Orissa ...
Court: Orissa
Decided on: Jan-22-2003
Reported in: (2003)IILLJ1143Ori
R.K. Patra, J. 1. The State Government made reference to the Labour Court to adjudicate as to whether the discharge of opposite party No. 3 Abhimanyu Pradhan from service as Cadre Secretary of the Aska Co-operative Central Bank Limited, Aska with effect from March 12, 1981 was valid and/or justified. The Labour Court in the award dated September 20, 1999 (vide I.D. Case No. 19 of 1996) at Annexure-3 held that the punishment of discharge is disproportionate to the misconduct found proved. It accordingly held that opposite party No. 3 would get full back wages for the period of suspension, i.e. from June 27, 1975 to March 12, 1981 and from March 13, 1981 till his reinstatement, he should be paid 25% of back wages subject to the condition that the management reinstates him within three months from the date the award became enforceable. The management seeks to assail the validity of the said award in this writ petition.2. Shri Rath, learned counsel for the petitioner, assails the award on ...
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