Orissa Court January 2003 Judgments
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Smt. Saudamini Pattnaik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-08-2003
Reported in: 95(2003)CLT206
P.K. Mohanty, J. 1. The petitioner claims to have been appointed as an Assistant Teacher by the Managing Committee of Sadasiva Tripathy Girls' High School, Khetribarpur with effect from 2.8.1982. She acquired B.Ed. qualification on 9.3.1983. She being the only available senior-most teacher, the Managing Committee of the School appointed her as the Headmistress with effect from 9.3.1983 and continuing as such. Undisputedly, the school in question where the petitioner is serving, was a private aided school under the Ganjam Education Circle. The grievance of the petitioner is that even though she was appointed as a Headmistress in terms of Rule 8(3) of Orissa Education (Recruitment and Conditions of Services of Teachers and Staff of the Aided Educational Institution) Rules, 1974, the educational authorities have not accorded approval to such appointment, but she has been treated and shown as Headmistress-in-charge and denied the scale admissible to a Headmistress. The claim is laid in ter...
Himansu Kumar Patel Vs. Board of Secondary Education and anr.
Court: Orissa
Decided on: Jan-08-2003
Reported in: AIR2003Ori100
A.K. Patnaik, J. 1. The petitioner appeared in the Annual High School Certificate Examination, 2002 conducted by the Board of Secondary Education, Orissa. As per the results of the said examination, he has got a First Class with 75 out of 100 marks in First Language (Oriya), 56 out of 100 marks in Second Language (English), 99 out of 100 marks in Third Language (Sanskrit), 73 out of 75 marks in Mathematics Paper-I, 73 out of 75 marks in Mathematics Paper-II, 74 out of 75 marks in Science Paper-I, 71 out of 75 marks in Science Paper-II, 73 out of 75 marks in Social Science Paper-I and 72 out of 75 marks in Social Science Paper-II. In. total, he has secured 666 out of 750 marks. Not satisfied with his marks in Second Language (English), he has filed this writ petition praying for a direction to the opp. parties to revalue the said paper in Second Language (English) and to issue fresh marks after such revaluation.2. On 9-8-2002 we passed an order that before we decide to entertain this wr...
Land Acquisition Officer Vs. Gourahari Mishra and anr.
Court: Orissa
Decided on: Jan-08-2003
Reported in: 95(2003)CLT598
B. Panigrahi, J. 1. This is an appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as the 'Act') against the award passed by the Subordinate Judge, Baragarh in Land Acquisition Misc. Case No. 16 of 1979. The appellant acquired Ac. 15.44 decimals of Mahal, Berna and Bahal lands for the purpose of Minor Irrigation Project at Padmapur under land acquisition declaration No. 59852 dated 5.8.1975 which was published in Orissa Gazette No. 1379 dated 16.8.1975. The land measuring Ac. 0.91 decimals belonging to the respondents covered under Khata No. 68, Plot Nos. 700 and 701 was acquired for the aforesaid purpose and compensation was fixed at the rate of Rs. 2,561/- per acre. The respondents claimed higher compensation at the rate of Rs. 600/- per decimal alleging that the land which was acquired by the appellant was suitable for house site and not for agricultural purpose. The appellant filed their objection before the referal court inter alia stating that it was not ...
Raj Kishore SwaIn and anr. Vs. Smt. Ranjana Moharana
Court: Orissa
Decided on: Jan-08-2003
Reported in: 2003CriLJ2095; 2003(I)OLR284
ORDERP.K. Tripathy, J.1. Heard further argument. Hearing is concluded and judgment is as follows :--2. This application Under Section 482, Cr. P. C. has been filed by the petitioners with the prayer to quash the order of cognizance passed on 2-1-2001 in I.C.C. No. 44 of 2000 by learned S. D. J. M. Bhubaneswar. It reveals from the complaint that allegation has been made against the petitioners complaining of the offence of looting the properties from the house which includes sized woods, wooden furniture, cash and the machinaries for carpentary and sawing and in that process exhibiting indecent conduct to the complainant who is the wife of the owner of that premises. After receipt of the complaint, learned Magistrate directed for investigation under Section 202, Cr. P. C. by the local Police and after receipt of the report which went against the petitioner, he conducted an inquiry by himself, examined the complainant's witnesses and on 2-1-2001 passed the impugned order taking cogniznce...
Basudeva Satapathy and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jan-08-2003
Reported in: 2003(I)OLR346
A.S. Naidu, J.1. Both appellants were charged underSections 332 and 333 of the Indian Penal Code for having voluntarilycaused hurt to an employee of the Steel Authority of India Limited, Rourkela, a Government Company. Bereft of unnecessary details,the short facts of the case as revealed from the FIR are that on23rd of November, 1984, P.W.6 along with P.Ws. 1 and 14 whowere employed as Land Guards of the Land Office of SAIL wentto Sector 18 Jhumpudi Market to prevent the accused-appellantsfrom attempting to unauthorisedly occupy a piece of land whichwas acquired by the State Government and allotted in favour ofSAIL. The Land Guards when tried to demolish and remove theencroachments, it is alleged, the appellants got enraged andassaulted them with lathis. It was also stated that the peopleof the locality also gathered there and they pelted stones, as aresult of which the personnel of SAIL wore injured. On the basisof the said FIR, G.R. Case No. 2321 of 1984 was registered whichwas subse...
Giridhari Pradhan (and After Him) Srimati Pradhan and ors. Vs. Lord Ja ...
Court: Orissa
Decided on: Jan-07-2003
Reported in: 95(2003)CLT404
B.P. Das, J. 1. Heard Shri S. K. Das for the appellant and Shri P. K. Mohapatra for the respondents.2. The plaintiff is in appeal against the order dated 20.3.1999 passed by the 2nd Addt. District Judge, Puri, in T. A. No. 18/62 of 1998/95 setting aside the judgment and decree and remanding the suit, i.e., T. S. No. 210/83 to the Civil Judge (Junior Division), Puri, with a direction to readmit the suit and proceed to determine the suit keeping in view the direction of this Court given in S. A. No. 410 of 1989.3. The short facts necessary for disposal of the present appeal may be stated thus :The original appellant, namely, Giridhari Pradhan, having died, his legal heirs have been substituted in his place as appellants. The original appellant filled T. S. No. 210/83 in the Court of the Civil Judge (J.D.), Puri, praying for permanent injunction restraining the defendant-respondents from dispossessing him from the suit property.Plaintiff's case in the suit is that defendant No. 2-responde...
Purna Chandra Mohanty Vs. Special Land Acquisition Officer, M.C.i.i. P ...
Court: Orissa
Decided on: Jan-07-2003
Reported in: 2003(I)OLR488
B.P. Das, J.1. This Civil Revision is directed against the order passed by the Special Land Acquisition Officer, Mahanadi Chitrotpala Island Irrigation Project (M.C.I.I. Project), Cuttack. vide memo. No. 1030 dated 7.5.2001, rejecting the application made by the petitioner under Section 18 of the Land Acquisition Act, 1894 ('the Act') praying to refer the matter to the Civil Court, for enhancement'of the market price of the land acquired by the State Government for the aforesaid Project.2. The short facts necessary for disposal of the present revision application are that the petitioner was the owner in possession of the lands bearing Khata No. 100 under plot No. 2051 with an area of Ac.0.04 decs, and plot No. 2588 with an area of Ac.0.05 decs, in Mouza Behedpur in Jagatsinghpur district. By virtue of the notification issued under Section 4(1) of the Act, the State Government acquired the aforesaid lands for the M.C.I.I. Project. Upon receipt of the notice issued under Section 12(2) of...
The Management of Tcpb, the Oberoi Palm Beach Hotel Vs. Presiding Offi ...
Court: Orissa
Decided on: Jan-06-2003
Reported in: 95(2003)CLT214; [2003(97)FLR989]; (2003)IILLJ262Ori
Pradipta Ray, J.1. In this writ petition, the management of Oberoi Palm-Beach seeks to assail the validity of the award of the Labour Court by which the termination of service of M. Pappa Rao (hereinafter referred to as 'Opposite party No. 2') as casual utility worker has been held to be illegal and he has been directed to be reinstated in service with full back wages.2. On the allegation that he (opposite party No. 2) was illegally retrenched with effect from December 15, 1993 without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947, an industrial dispute was raised on his behalf by the Hotel Oberoi Palm-Beach Employees' Union. Conciliation failed as the management took the stand that he was engaged for a specific job which was of seasonal nature and as the work was no longer available, he was not given work. The management also took the stand that he was not a workman and as such his disengagement was not retrenchment within the meaning of Section 2(...
Pradeep Kumar Pradhan Vs. Dalimba Sahu
Court: Orissa
Decided on: Jan-06-2003
Reported in: AIR2003Ori79; 2003(I)OLR241
Pradipta Ray, J.1. The respondent-wife Dalimba Sahu filed a petition before the Family Court, Rourkela for restitution of conjugal rights under Section 9 of the Hindu Marriage Act (hereinafter referred to as 'the Act'). The same was registered as Civil Procedure No. 165 of 1999. By judgment and decree dated July 24, 2000 the Family Court, Rourkela granted a decree for restitution of conjugal rights and a maintenance of Rs. 700/- per month with effect from April 23, 1996 when the wife had to leave her matrimonial house. Against the aforesaid judgment and decree the husband Pradeep Kumar Pradhan has filed the present appeal.2. Case of the wife, inter alia, is:--She was married with the present appellant in 1994. Within 10 days of the marriage the members of the husband's family demanded a colour T. V., Hero Honda Motor Cycle and Refrigerator as dowries. Wife's father expressed his helplessness and Inability to satisfy such demand of the husband's family. As the father of the wife could n...
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