Orissa Court January 2004 Judgments
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Khemchand Agrawal Vs. Commissioner, Irrigation, Presently Designated a ...
Court: Orissa
Decided on: Jan-21-2004
Reported in: 97(2004)CLT237
Sujit Barman Roy, C.J. 1. This is an application under Section 11 of the Contempt of Court's Act, 1971 read with Article 215 of the Constitution of India, 1950.2. This Court by order dated 27.2.2001 disposed of Original Criminal Misc. Case No. 178 of 1993. The said order reads as under:'Heard counsel for parties. Though eight years have elapsed from the date of the order alleged to have been disobeyed, the authorities have not cared to comply with the order of this Court. They must thank their stars because the petitioner did not press the Court to take coercive steps against the authorities who are responsible in disobeying the order passed by this Court. However, we feel that justice will be done if the contemner is directed to comply with the order of this Court dated 16.9.1991 passed in OJG No. 4963 of 1990 within a period of four weeks from this date positively, if not already done. With the above observation and direction, the contempt application is disposed of.' Subsequently by...
Surya Narayana Polei Vs. Secretary to Government of Orissa and ors.
Court: Orissa
Decided on: Jan-21-2004
Reported in: 2004CriLJ1143; 2004(I)OLR164
Sujit Barman Roy, C.J.1. By this habeas corpus petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing the order of detention dated 12-2-2003 issued by the District Magistrate, Ganjam under the provisions of the National Security Act, 1980 so as to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order.2. Case of the petitioner, in brief, is that he was former Chairman of Aska Notified Area Council and he belongs to Indian. National Congress. Due to political rivalry with the present ruling party, the petitioner incurred displeasure of the leaders of the present ruling party in the State. In furtherance of political vendetta against him the impugned order of detention was issued by the District Magistrate. The order of detention as issued by the District Magistrate under the provisions of Sub-section (2) of Section 3 of the National Security Act reads as under :'ORDERWhereas I, Shri Sanjeeb Kumar Mishra, I...
Sukru Gouda Vs. State of Orissa
Court: Orissa
Decided on: Jan-21-2004
Reported in: 2004CriLJ1566; 2004(I)OLR243
A.S. Naidu, J.1. The appellant Impugns the order of the Special Judge-cum-Sessions Judge, Koraput, Jeypore in Sessions Case No. 398 of 1993 convicting him under Section 376, IPC read with Section 3(2)(v) of the S.C. & S.T. (P.A.) Act, 1989 and sentencing him to undergo imprisonment for life.2. On the basis of an FIR lodged on 4-9-1993 by Dasamu Bhatra (P.W. 4) alleging that on the said day at 1.00 p.m. while his wife Sanmati Bhatrani (P.W. 1) was collecting firewood in a nearby jungle, known as 'Dobari Jungle', the appellant who was collecting cowdung in the said jungle told her that a big piece of wood was lying nearby in the jungle. P.W. 1 however, refused to go there. It was alleged that thereafter the appellant forcibly pulled her down on the ground and in spite of her resistence committed rape on her inside that jungle by raising the saree of P.W. 1 and also removing the pad which P.W. 1 was using as she was having her monthly menstruation. While the appellant was committing the c...
Mahendra Kumar Jenamani and ors. Vs. Certifying Officer-cum-labour Com ...
Court: Orissa
Decided on: Jan-21-2004
Reported in: (2004)IILLJ1067Ori
A.S. Naidu, J.1. The petitioners in this writ application seek to challenge the legality, propriety and enforceability of Clause 19 of the Works Standing Order framed by opposite party No. 3 certified by opposite party No. 1 vide order dated October 11, 1961 and confirmed by the appellate authority, i.e., the District Judge, Sambalpur on December 18, 1962, on the ground that the certificate issued is not in conformity with the provisions enumerated under the Industrial Employment (Standing Orders) Act, 1946. The petitioners have prayed for declaring Clause 19 of the Works Standing Orders (Annexure-1) as illegal and arbitrary as well as for other ancillary reliefs.2. Mr. Patnaik, learned counsel appearing for the petitioners, forcefully submitted that Clause 19 of the Works Standing Orders being contrary to the Model Standing Orders, the same should be declared as illegal and arbitrary.3. To appreciate the argument advanced, we referred to different Sections of the Industrial Employment...
Oriental Insurance Co. Ltd. Vs. Dinabandhu Nayak and anr.
Court: Orissa
Decided on: Jan-21-2004
Reported in: I(2005)ACC539; 2006ACJ585; 2004(I)OLR292
A.S. Naidu, J. 1. These Letters Pattent Appeals are filed by M/s.Oriental Insurance Co. Ltd. being aggrieved by a common judgment dated 3.5.2000 passed by the learned Single Judge of this Court in M.A. Nos. 200 and 222 of 1998. Both the Misc.Appeals arose out of a claim case filed by respondent No. 1 before the Second Motor Accident Claims Tribunal (S.D.) Berhampur, being M.A.C. No. 424/94 (190/94) under Section 166 of the Motor Vehicles Act. 2. Bereft of all unnecessary details, the short facts of the case are that : On 21.2.1994 at about 6.30 A.M., a Bus bearing registration number OAG 7927 being driven in a rash and negligent manner dashed against the claimant on the main road near village Karapada thereby causing severe injuries on his person. He was admitted to the hospital for treatment and subsequently he filed the claim case, claiming Rs. 1,80,000/- towards compensation for the physical handicap disability and agony sustained by him due to the accident and Rs. 20,000/- towards ...
Sri Prafulla Kumar Kar and anr. Vs. Sri Gopinath Singh Samanta and ors ...
Court: Orissa
Decided on: Jan-20-2004
Reported in: 99(2005)CLT85
B.P. Das, J.1. This appeal has been directed against the judgment and decree dated 28.9.1996 and 12.10.1996 respectively passed by the District Judge, Balasore in S.J. Appeal No. 68 of 1994 confirming the judgment and decree dated 7.10.1994 and 5.11.1994 respectively of the Civil Judge (S.D.), Balasore in Title Suit No. 194 of 1990.2. The appellants before this Court were the plaintiffs in the Court below. They filed Title Suite No. 194 of 1990 before the Civil Judge (S.D.), Balasore for a declaration of title for permanent injunction and for a declaration that the three sale deeds bearing Nos. 1277, 1278 and 1279 dated 21,3.1990 were void, inoperative and were not binding on the plaintiffs, and the sale deeds executed by Defendant No. 1 - Raghunath Pati were void as the vendor had no right to sell the suit property in favour of anybody.3. The brief case of the plaintiff-appellants was that, they were representing the Balasore Saraswata Sangha (in short 'BSS') whereas defendant-respond...
Sudhansubala Debi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-19-2004
Reported in: 97(2004)CLT390; 2004(I)OLR508
B.P. Das, J.1. Heard Shri B. Routray, learned counsel for the petitioner, and Shri S. K. Swain, learned Addl. Standing Counsel for the State.2. The petitioner in this writ petition challenges the order dated 15.10.2001 passed by the Collector, Puri, cancelling the selection and appointment of the petitioner as Anganwadi Worker of Haridaspur Anganwadi Centre and directing for commencement of process of selection of Anganwadi Worker de novo in respect of the said center.3. The case of the petitioner is that she is an Intermediate in Arts and has undergone C.T. training course. Pursuant to the advertisement, Annexure-2, she submitted her application for appointment as an Anganwadi Worker and after having secured highest mark in the interview conducted, she was duly selected and appointed as Anganwadi Worker in Haridaspur Anganwadi Centre under Kakatpur Block. Pursuant to the appointment letter, Annexure-3, the petitioner joined as such in Haridaspur Anganwadi Centre on 7.2.2001 and while ...
Naren Kumar Barik Vs. Director of Elementary Education and ors.
Court: Orissa
Decided on: Jan-16-2004
Reported in: 97(2004)CLT326; 2004(I)OLR505
B. P. Das, J. 1. Heard Shri J. K. Rath, learned counsel for the petitioner, and Shri S. N. Misra, learned Counsel1 appearing for the School and Mass Education Department.2. The petitioner, a member of Socially and Educationally Backward Classes of the State, has filed this writ petition under Articles 226 and 227 of the Constitution of India seeking a direction on O.P, Nos. 2 and 3, i.e., the Chief Executive of Zilla Parishad-cum-Collector and District Magistrate, Angul, and Project Director, District Rural Development Agency, Angul, respectively, to publish the merit list of selection and appoint him in the post of Swechhasevi Sikhya Sahayak under B.Ed. physically handicapped category in Angul education district.3. The case of the petitioner as transpires from the Writ petition is that he is a B.Ed. Degree-holder and a physically handicapped person. He belongs to 'Bhandari' community, which is recognized as one of the Socially and Educationally Backward Classes of the State of Orissa....
Nilu @ Pratap Kumar Mohapatra Vs. State of Orissa
Court: Orissa
Decided on: Jan-16-2004
Reported in: 97(2004)CLT324; 2004CriLJ2261; II(2004)DMC510
M. Papanna, J.1. Invoking extraordinary jurisdiction of this Court under Section 482,. Cr.P.C, petitioner makes this application seeking quashment of order of learned S.D.J.M., Bhubaneswar in G.R. Case No. 302 of 1993 taking cognizance of offence against him under Section 498(A), 304-B, 201/34 of the Indian Penal Code as welt as his order dated 23,12.1998.2. Balipatna Police acted upon the FIR lodged by one Nirmal Charan Mohanty containing allegation that his sister Arnapurna who was married to one Dhileswar Mohapatra died out of torture made by her husband and parents-in-law. On completion of investigation police laid charge sheet against accused persons including the petitioner. The learned S.D.J.M. relying on the said charge sheet took cognizance of the offence under Section 498(A), 304-B, 201/34, IPC against the accused persons including the petitioner holding that a prima facie case is made out against the accused persons under the above Sections of law. Petitioner brought Crimina...
Divisional Manager, New India Assurance Company Ltd. Vs. Sri Bisweswar ...
Court: Orissa
Decided on: Jan-16-2004
Reported in: III(2004)ACC271; 97(2004)CLT487; [2004(101)FLR859]
M. Papanna, J.1. This appeal under Section 30 of the Workmen's Compensation Act is brought by New India Assurance Company Limited, Cuttack challenging judgment of learned Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner (Dhenkanal), Angul (for short 'the Commissioner') in W.C. Case No. 12 of 1995 awarding a sum of Rs. 67,200/- towards compensation in favour of the Claimant.2. Claimant who is Respondent No. 1 herein made application to the learned Commissioner claiming compensation on account of injuries sustained by him in a motor vehicle accident involving offending truck bearing registration No, OR 15-A 3095 owned by Respondent No. 2 in course of his employment under him as helper for which he was hospitalised for his medical treatment in support of which he filed documents.3. Learned Commissioner, relying on evidence, both oral and documentary on record adjudicated the Claim Application and passed the award as aforesaid.4. On behalf of appellant, learned Adv...
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