Orissa Court June 2003 Judgments
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Raghunath Bardhan Vs. Biswanath Bardhan
Court: Orissa
Decided on: Jun-18-2003
Reported in: AIR2004Ori5; 96(2003)CLT246; 2003(II)OLR270
A.S. Naidu, J. 1. The facts which have given rise to this appeal are briefly these :The unsuccessful defendant in a suit for partition is the appellant. The sole plaintiff and the sole defendant represent two branches of the same family. Admittedly they are governed by Hindu Law. They are two brothers, being sons of one late Gandharba Bardhan. A partition was effected by metes and bounds among the several co-sharers' in Title Suit No. 5 of 1962 of the court of the then First Addl. Subordinate Judge, Cuttack. The plaintiff and the defendant being the descendants of a common ancestor were treated to be one unit and they were together allotted Ac. O.118 decimals out of Khata No. 845 and Ac. O.180 decimals out of Khata No. 846 in the final decree proceeding arising out of the said suit, the final decree being sealed and signed on 14th of August, 1963. Subsequently the plaintiff and defendant effected another partition between themselves inter se in the year 1965 by means of a registered pa...
Management of Orissa Mining Corporation Ltd. Vs. 1st Workman, rep. thr ...
Court: Orissa
Decided on: Jun-18-2003
Reported in: (2004)ILLJ1Ori; 2003(II)OLR288
R.K. Patra, J.1. The Management in this writ petition seeks to assail the validity of the award dated July 29, 2002 of the Central Government Industrial Tribunal, Bhubaneswar in Industrial Dispute Case No. 421 of 2001 by which it has held that reduction of house rent with effect from April 1, 1998 to the workmen without complying the provision of Section 9-A of the Industrial Disputes Act, 1947 is not justified. The case of the petitioner is that it is a wholly owned Government of Orissa Undertaking whose administrative department is Steel and Mines. It carries on mining and other allied operations. By office order dated March 4, 1982 (Annexure-1) house rent allowance was revised with effect from January 1, 1982 at 25% of the basic pay for those head office employees at Bhubaneswar residing in the rented house and 20% of the basic pay for those remaining in their own houses. By subsequent order dated May 6, 1985 (Anncxure-2), the rate of house rent allowance for employees at the head o...
Ballarpur Industries Ltd. Vs. Presiding Officer, Labour Court and ors.
Court: Orissa
Decided on: Jun-18-2003
Reported in: [2004(101)FLR974]; (2004)IILLJ551Ori
R.K. Patra, J.1. The management has filed this writ petition challenging the award dated March 19, 1996 (Annexure-1) in Industrial Dispute Case No. 134 of 1990 declaring that the termination of employment of opposite party No. 3 is not legal and directing his reinstatement in service without any back wages.2. Opposite Party No. 3 while serving as clerk Grade-B, Machine House department was charge-sheeted on the allegation that although he was absent on four dates, he put his initial by creasing the relevant entries and in the over-time slip of machine House dated March 26, 1983 he falsely indicated to have worked over-time for eight hours. He was found guilty of the charges and by order dated October 4, 1983 his services were terminated which led to the reference being made to the Labour Court for adjudication of the disputes.3. The terms of the reference read as follows:'whether the termination of employment of, Sri Niranjan Jena, Clerk Grade 'B' Machine House Department with effect f...
Sadasiv Mohapatra and anr. Vs. Prafulla Kumar Das
Court: Orissa
Decided on: Jun-18-2003
Reported in: 2003CriLJ3947; 2003(II)OLR122
A.S. Naidu, J.1. This is an appeal under Section 378 of the Code of Criminal Procedure against the order of acquittal dated April 3rd, 1986 passed by the learned Sessions Judge, Puri in Criminal Appeal No. 146 of 1983 setting aside the order of conviction dated September 2nd, 1983 passed by the learned J.M.F.C., Bhubaneswar in I.C.C. Case No. 60 of 1982.2. The criminal action was set in motion on filing of a complaint by appellant No. 1 who at the relevant time was working as the Secretary of Khurda Central Co-operative Bank Ltd. on May 6th, 1982 against the respondent under Section 406, I.P.C. in the Court of the J.M.F.C., Bhubaneswar. It was alleged that the respondent was the President of Itipur Service Co-operative Society Ltd. and, he was also the Treasurer of appellant No. 2-Co-operative Society. He was authorized by the Board of Directors to draw a sum Rs. 28,250/- from the Bhubaneswar Branch of the Khurda Central Co-operative Bank Ltd. on behalf of the Society. He was also en t...
T. Narasingh Murty Vs. G.N. Gajapati and anr.
Court: Orissa
Decided on: Jun-18-2003
Reported in: 2003CriLJ3950; 2003(II)OLR114
ORDERA.S. Naidu, J.1. Being aggrieved by the order dated April 17th, 1998 passed in Criminal Appeal No. 3 of 1994 by the Addl. Sessions Judge, Parlakhemundi, Gajapati reversing the order dated January 29th, 1994 passed by the Subordinate Judge-cum-J.M.F.C., Parlakhemundi in G.R. Case No. 24 of 1988 directing to return the gold nuggets to the petitioners from whom the same were seized, the petitioners have approached this Court. As both the revisions arise out of a common judgment and were heard analogously, the same are disposed of by this common judgment.2. Bereft of all unnecessary details, the short facts which are necessary for effectual adjudication of the cases are that petitioners Nos. 1 to 3 in Criminal Revision No. 297 of 1998 and the sole petitioner in Crl. Revision No. 263 of 1998 (who is also O.P. No. 2 in Crl. Revision No. 297/98) were accused in G.R. Case No. 24 of 1988 of the Court of the Subordinate Judge-cum-J.M.F.C., Parlakhemundi. The said petitioners are goldsmith b...
Debasis Samantaray Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jun-18-2003
Reported in: I(2005)BC275; 2003CriLJ3774; 2003(II)OLR219
A.S. Naidu, J.1. The accused-petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to quash the criminal proceeding in ICC No. 3351 of 1999 pending before, the S. D. J. M., Bhubaneswar and also to quash the order dated 13-2-2002 rejecting the prayer for extending the benefit available under Section 205, Cr. P. C. and for recalling the N. B. W. A. issued against the petitioner.2. On the basis of a complaint petition filed by opposite party No. 2, ICC No. 335 of 1999 was registered in the Court of the S.D.J.M., Bhubaneswar against the petitioner for alleged commission of offence by the later under Section 138 of the Negotiable Instruments Act. After perusing the materials on record, the S. D. J. M. took cognizance of the offence alleged and directed issue of summon on 5-11-2002 against the petitioner. The petitioner having failed to appear before the Court below. N. B. W. A. was directed to be issued against him. On 13th December, 2...
Manmatha Kumar Jena and ors. Vs. Smt. Sanjukta Jena
Court: Orissa
Decided on: Jun-18-2003
Reported in: 2003(2)ALT(Cri)22; 2003CriLJ3772; 2003(II)OLR118
A.S. Naidu, J.1. The accused persons in ICC No. 26 of 2001 pending in the Court of the S.D.J.M., Nilgiri have approached this Court invoking inherent jurisdiction under Section 482 of the Code of Criminal procedure, 1973 inter alia with a prayer to quash the order dated 12-10-2001 of the S.D.J.M. tamking congnizance of offences under Sections 498-A/506/34/IPC and Section 4 of the Dowry Prohibition Act alleged against them. The order is challenged on two grounds. First, due to non-filing of any FIR with police as admitted by the complaint-opposite party, the S.D.J.M: ought to have rejected the complaint petition in limine; and secondly, as the facts stated in the complaint petition were vexatious and did not prima facie constitute any offence, the order taking cognizance is liable to be quashed.2. The admitted case of both sides is that petitioner No. 1 married the sole opposite party according to Hindu rituals on 11th of March, 2000. According to the complainant-opposite party due to f...
Senior Divisional Manager, the New India Assurance Co. Ltd. Vs. Shanti ...
Court: Orissa
Decided on: Jun-18-2003
Reported in: 2005ACJ237; 2003(II)OLR184
ORDERM. Papanna, J.1. Interim award of Rs. 50,000/- passed by the learned Member. 2nd M.A.C.T. (N.D.), Sambalpur in Misc. (A) Case No. 43 of 1999 (SN) directing the New India Assurance Company Ltd. Cuttack to deposit the same within two months from the date of the order is under challenge in this appeal.2. The Claimants. Respondents 1 to 5 herein filed claim application before the learned Member, 2nd M.A.C.T., Sambalpur claiming compensation on account of death of the deceased in a motor accident involving offending vehicle (Dumper) bearing registration No. OR 14-B 1503. While the claim application being pending for disposal, the claimants filed another application for payment of interim award under Section 140 of the M.V.Act. The learned Member, 2nd M.A.C.T. adjudicated the said application and passed the impugned award.3. The learned counsel appearing for the appellant challenged the legality and propriety of the interim award relying on a decision of this Court reported in. 93 (2002...
Jambeswar Pal and Prahallad Pala and 3 ors. Vs. State of Orissa
Court: Orissa
Decided on: Jun-18-2003
Reported in: 2003(II)OLR92
Sujit Barman Roy, C.J.1. Both the appeals are being disposed of by this common judgment as these are directed against the same judgment dated 6.10.1994 passed by the Second Additional Sessions Judge. Puri in Session Trial Case No. 41/335 of 1990 convicting the appellant Jambeswar Pal under Section 302 as well as under Section 323 of the Indian Penal Code and sentencing him accordingly to suffer life imprisonment and rigorous imprisonment for six months respectively. The other appellants namely, Prahallad Pal, Narayan Pal, Umakanta Pal and Dhaneswar Pal were also convicted under Section 326/34 and under Section 323/34 of the Indian Penal Code. They were sentenced to suffer rigorous imprisonment for seven years in respect of their conviction under Section 326/34 I.P.C. They were also sentenced to suffer rigorous imprisonment for six months in respect of their conviction under Section 323/34 I.P.C. with a direction that all these sentences would run concurrently.2. The prosecution story i...
Ramaballav Khadanga Vs. Trinath Udgata and ors.
Court: Orissa
Decided on: Jun-18-2003
Reported in: 2003(II)OLR232
A.S. Naidu, J.1. This is an application under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 seeking cancellation of. bail granted to opposite parties 1 to 3 by the learned Additional Sessions Judge, Berhampur in Bail Application No. 594 of 2002/159 of 2002 arising out of Berhampur Mahila P.S. Case No. 62 of 2002.2. On the basis of an FIR filed by the petitioner alleging dowry death of his daughter a criminal case under Sections 498-A/304-B/302 IPC read with Section 4 of the Dowry Prohibition Act was initiated, initially against one Pradip Kumar Udgata, admittedly the son-in-law of the petitioner. Subsequently the present opposite parties 1 to 3. the father-in-law, mother-in- law and brother of the husband of the deceased respectively were arrayed as accused. The petitioner is a very high ranking responsible Government servant working in the Central Excise Department. In the FIR he specifically alleged that to satisfy the dowry demand of his son-in-law and...
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