Orissa Court February 2003 Judgments
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Simplex Engineering and Foundary Works Ltd. and ors. Vs. Bhubaneswar P ...
Court: Orissa
Decided on: Feb-11-2003
Reported in: AIR2003Ori149; 2003(I)OLR508
ORDERP.K. Tripathy, J.1. An ex parte decree was passed against the petitioners in Money Suit No. 215 of 1993. As against that, petitioners filed an application under Order 9, Rule 13, C.P.C., which has been registered as Misc. Case No. 87 of 2001 in the Court of Civil Judge (Sr. Division), Rourkela. During the pendency of that Misc. Case, an application filed by the petitioners to stay further proceedings of Execution Case No. 19 of 1999 was rejected by the Court below. As against that, petitioners preferred C.R.P. No. 39 of 2002 and, this Court on 18-11-2002 disposed of the said revision by directing the Court below to dispose of Misc. Case No. 87 of 2001 within two months. After that, in that Misc. Case petitioners filed an application under Order 26, Rule 1, C.P.C. praying for examination of one of the Directors of the Company as a witness in the said Misc. Case through a Commission on the ground that the said witness is suffering from blood cancer and is unable to attend the Court ...
Miss Samita Dev Sarkar Vs. Utkal University and ors.
Court: Orissa
Decided on: Feb-04-2003
Reported in: 95(2003)CLT416
P.K. Mohanty, J.1. The petitioner calls in question the result published by Utkal University declaring her to have failed in Master in Business Administration (M.B.A.) Examination, 1998 having not passed in Paper-x practical examination.2. The short fact of the petitioner's case is that she appeared at the M.B.A. Examination, 1998 from Regional College of Management in the final year of two years course. She had secured more than 55 per cent of marks in aggregate; but has been illegally declared failed, since she had been awarded ten marks in practical examination in Paper-X. According to the petitioner, both external as well as internal examiners had communicated to Opp. Parties 1 and 2 that they were not aware, that the required pass mark was 12 and as such they had awarded 10 marks, thinking that to be the pass mark. A further allegation is made that the internal examiners had no experience and/or practice in the concerned subject and as such the marks awarded were not on proper eva...
A. Papa Rao and ors. Vs. the Jeypore Sugar Co. Ltd. and ors.
Court: Orissa
Decided on: Feb-04-2003
Reported in: AIR2003Ori146
Pradip Kumar Mohanty, J. 1. These three first appeals have been filed by the defendants against the common judgment and decree passed by the Subordinate Judge, Rayagada, (as it then was) allowing their suits for realisation of arrears of the sale price of the land sold to the defendants by the plaintiff. The dispute is essentially for recovery of arrear sale price of the lands sold by the plaintiff in different sale deeds following an agreement on 3-6-1962 entered into by the plaintiff in all these three suits against the defendants. These three suits had been combined together by the learned Subordinate Judge and the same was disposed of by a common judgment. 2. The plaintiff's case, in short, is that the plaintiff-respondent Jeypore Sugar Co. Ltd. filed T. S. No. 9 of 1977 against I. Sundar Rao and others for realisation of Rs. 32,400.11 paise, for realisation of Rs. 12,523.31 paise from Adapa Papa Rao (in T. S. No. 6 of 1977), and for realisation of Rs. 16,376.66 paise from Machha S...
Bhaskar Chandra Sahoo Vs. Chairman, Cuttack Gramya Bank and anr.
Court: Orissa
Decided on: Feb-04-2003
Reported in: (2003)IILLJ957Ori
L. Mohapatra, J.1. The petitioner in this writ application calls in question the legality of the order dated October 12, 1991 in Annexure-1 informing him that his service has been dispensed with as his involvement in a theft is not ruled out.2. The case of the petitioner is that he was initially appointed as sweeper-cum-waterman in the Cuttack Gramya Bank in July, 1984 and was posted at Aul Branch of the Bank. The petitioner worked in the said branch and thereafter was transferred and posted at different branches of the bank in the district of Cuttack and his last posting was in Sankhatras Branch, where he was working as Sweeper-cum-Water man. While he was working in the aforesaid branch of the Bank on March 20, 1990 an incident of burglary was committed by some unknown miscreants who broke open the window grills and also tried to break open the iron shelf but failed. Having failed in their attempt to commit theft of the cash, the miscreants took away the calculator kept on the table a...
Jogendranath Gharei and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-03-2003
Reported in: 95(2003)CLT342; 2003CriLJ3953
A.S. Naidu, J. 1. The legality or otherwise of the direction issued by the Judicial Magistrate, First Class, Jaleswar in ICC No. 116 of 2000 directing the local police to conduct an investigation without himself conducting an inquiry under Section 202 of the Code of Criminal Procedure (for short 'Cr.P.C.') and the order of the Chief Judicial Magistrate-cum-Assistant Sessions Judge, Balasore refusing to discharge the petitioners and confirming the order of the Judicial Magistrate is in question in the present Criminal Revision.2. A complaint was filed by a lady, present opposite party No. 2, alleging that while she was returning home after purchasing medicine for her children, the present petitioners followed her in a Hero Honda Motor-cycle and intercepted her. Petitioner No. 2 who was holding a 'Bhujali' threatened her and asked her to stand quietly. It was further alleged that under direction of petitioner No. 2, the other two petitioners forcibly took her to a nearby place and tried ...
Ores India Pvt. Ltd. Vs. Steel Authority of India and ors.
Court: Orissa
Decided on: Feb-03-2003
Reported in: AIR2003Ori134
R.K. Patra, J. 1. This review is directed against the judgment dated 30-5-2002 in O. J. C. No. 3508 of 2002 dismissing the petitioner's writ petition. 2. The petitioner filed the above writ petition challenging the validity of the award of the work 'Tender for Raising, Transporting and Loading of iron ore lump and fines into Railway Wagon at Kalta Iron Mine' as per the 5th N. I. T. (notice inviting tender) in favour of opposite party No. 3 alleging faulty decision making process of the concerned authority (SAIL). After hearing all the parties concerned, the writ petition was dismissed. The long and the short of the petitioner's case in the writ petition was that the SAIL authorities wanted to entrust the work to opposite party No. 3, but as he had no requisite experience of raising the required quantity of Iron ore, the tenders were cancelled four times and only on the 5th occasion when the qualification of raising iron ore was substantively reduced from 8 lakhs M. T. to 2.5 lakhs M. T...
Antaryami Das Alias Ganesh Dash Vs. State of Orissa
Court: Orissa
Decided on: Feb-01-2003
Reported in: 2003CriLJ2393
ORDERP.K. Tripathy, J.1. Heard further argument. Hearing is concluded and the order is as follows which shall abide the result of both the above noted applications under Section 482, Cr. P. C.2. On 13-6-2001 admittedly petitioner was allowed to go on bail in S. R. Case No. 1748 of 2001 involving the offences, inter alia, under Section 396, I.P.C. Pursuant to that order petitioner was released on bail on 14-6-2001. In that respect, the conditions imposed were that (i) petitioner shall appear before the investigating officer on every Sunday till submission of Final Form; and (ii) he shall not repeat similar type of offences. Thereafter, it was alleged by the State that on 13-7-2001 petitioner committed another offence under Section 394, I. P. C. which resulted in registration of Capital Police Station Case No. 236 of 2001 corresponding to G. R. Case No. 2234 of 2001. Accordingly, the prosecution prayed to cancel the bail granted in favour of the petitioner in G. R. Case No. 1748 of 2001....
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