Orissa Court April 2004 Judgments
Chaturbhuja Behera Vs. State of Orissa
Court: Orissa
Decided on: Apr-30-2004
Reported in: 97(2004)CLT633
A.S. Naidu, J.1. Heard.2. The Petitioner is a peon. He is in the fag end of his service career. On the basis of an FIR lodged alleging theft of a Transistor Radio from the office, G.R. Case No. 300 of 1975 was initiated. The said case is pending in the Court of learned S.D.J.M., Bhubaneswar for all these years. According to Mr. J. Patnaik, learned Senior Counsel appearing for the accused-petitioner, pendency of the said case is causing prejudice. In fact of the prosecution has not taken appropriate steps for getting the process served fill date though the accused in a Government employee. This fact itself indicates that the prosecution is not interested in the aforesaid litigation. According to Mr. Patnaik continuance of the said G. R: Case which is bound to end of acquittal after lapse of 29 years, would amount to abuse of the process of law.3. Considering the aforesaid facts and circumstances and the submissions advanced by Mr. Patnaik and after hearing the learned Addl. Govt. Advoca...
Tag this Judgment!Alekha Sahoo Vs. Puri Urban Co-operative Bank Ltd. and ors.
Court: Orissa
Decided on: Apr-29-2004
Reported in: AIR2004Ori142; I(2005)BC58; 97(2004)CLT769; 2004(I)OLR677
M.M. Das, J.1. Petitioner has filed this writ application for quashing the letter under Annexure-3, by which the Opp. Party, i.e. Puri Urban Cooperative Bank Ltd. (hereinafter referred to as 'Bank') has marked a lien on the gold ornaments of the petitioner, now lying with the Bank and for issue of a writ of mandamus directing the Opp. Party-Bank to release the said gold ornaments in favour of the petitioner.2. Bereft of the details, the facts giving rise to the present writ application are as follows :The petitioner availed two gold loans of Rs. 12,000/- each on 20.8.2001 from the Opp. Party-Bank on pledge of gold ornaments and has cleared up the said gold loans on 22.7.2003. As the Bank did not return the ornaments so pledged for availing the gold loans to the petitioner, but issued the letter under Annexure- 3 dated 30.7.2003 to the petitioner, stating that the Bank has marked a 'lien' on the said gold ornaments, the petitioner issued a notice/ demand letter vide Annexure- 4 through ...
Tag this Judgment!Lalita Sahoo and 2 ors. Vs. Rania Das,
Court: Orissa
Decided on: Apr-23-2004
Reported in: AIR2004Ori152; 98(2004)CLT44
ORDERP.K. Tripathy, J.1. Though the Opp. Parties No. 2 to 4 are the plaintiffs and petitioner in the Court below has been arrayed as Proforma Opp. Parties because they could not immediately available.Heard.2. This writ petition stand disposed of at the stage of admission.3. Plaintiffs in Civil Suit No. 216 of 2002 of the Court of Civil Judge (Senior Division), Dhenkanal have filed this writ application challenging to the order passed on 9.12.2003 in rejecting their application for a decree of injuncting in accordance with provision under Order 12, Rule 6 of the Code of Civil Procedure, 1908 (in short 'the CPC').4. It appears from the impugned order and learned counsel for the plaintiffs-petitioners states that plaintiffs have instituted the suit inter alia claiming for partition of the suit schedule land on the basis of existing relationship with the defendants and in her written statement, the defendant No. 1 has not only admitted about such relationship thereby conceding to the right...
Tag this Judgment!Puspalata Sahoo Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Apr-23-2004
Reported in: 98(2004)CLT164
Pradip Mohanty, J.1. The orders dated 29.8.2002 passed by the Central Administrative Tribunal, Cuttack Bench, in Original Application Nos. 181 and 244 of 2001 are under challenge in these two writ petitions. In O. A. No. 181 of 2001, the appointment of the petitioner as the Extra- Departmental Branch Post Master of Kalikaprasad Branch Post Office was challenged by one Ashok Kumar Sahu (opposite party No. 5 in W.P.C. No. 3388 of 2002). The Tribunal by its order dated 29.8.2002 quashed the appointment of the petitioner. Aggrieved, the petitioner has filed W.P.(C) No. 3388 of 2002. O. A. No. 244 of 2001 was filed by the present petitioner challenging the order of her termination. But, in view of the order passed in O. A. No. 181 of 2001, the Tribunal dismissed the same saying that it has become infructuous. Against the said order W.P.(C) No. 3400 of 2002 has been filed by the petitioner, Thus, both the writ petitions being interlinked were taken up together and are disposed of by this com...
Tag this Judgment!Laxmidhar Das Etc. and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-23-2004
Reported in: 2004CriLJ2816; I(2005)DMC206; 2004(I)OLR643
ORDERL. Mohapatra, J.1. Both the applications under Section 482 of the Code of Criminal Procedure have been filed challenging the order dated 23-2-2001 passed by the learned S.D.J.M., Bhubaneswar in I.C.C. No. 65 of 2001 directing the I.I.C. Lingaraj Police Station to register a case and investigate into the allegations contained in the complaint. Criminal Misc. No. 4506 of 2001 has been filed by accused Laxmidhar Das, whereas Criminal Misc. Case No. 3559 of 2001 has been filed by four other accused persons.2. Case of the complainant is that she is the mother of one Saraswati Behara (since deceased) who was given marriage to accused Laxmidhar Das on 6-7-1999 as per Hindu rites. At the time of marriage presentations were given to the tune of rupees three lakhs. The deceased was serving in the office of the Chief Engineer, Design and Planning at Secha Sadan and accused Laxmidhar Das was serving as Textile Engineer in the Century Textile Mills at Worli, Mumbai. On 12-8-2000 the deceased w...
Tag this Judgment!Mohammed Zahir Vs. Food Inspector, Food Cell and anr.
Court: Orissa
Decided on: Apr-23-2004
Reported in: 2004(I)OLR659
L. Mohapatra, J. 1. This revision is directed against the order dated 29.1.2003 passed by the learned Chief Judicial Magistrate, Cuttack in 2(C)CC No. 341 of 1995 rejecting the petition filed by the petitioner to drop the proceeding. 2. From the record, it appears that the complainant-Food Inspector inspected the business premises of the petitioner on 2.6.1995 where the petitioner was transacting the sale of Besan. The complainant after disclosing his identity purchased samples of Besan (750 grams), which he divided into three equal parts and kept in three clean bottles. After the three bottles were sealed, one sample was sent to the Public Analyst, Orissa, Bhubaneswar and the rest two bottles were deposited with the local Health Authority. On 10.7.1995 the Public Analyst, Orissa submitted a report saying that the Besan is adulterated and it contains wheat, starches and brans. After obtaining the Public Analyst report the complainant submitted the prosecution report in the Court allegi...
Tag this Judgment!Ajoy Kumar Mitra Vs. Steel Authority of India Limited and ors.
Court: Orissa
Decided on: Apr-22-2004
Reported in: 97(2004)CLT801; (2004)IIILLJ1114Ori
P.K. Mohanty, J.1. Civil Review No. 108 of 2000 is by the opposite parties Steel Authority of India Limited and its functionaries, whereas Civil Review No. 32 of 2001 is by the writ petitioner seeking review of the judgment of this Court passed in O.J.C. No. 16921 of 1997 dated 23.6.2000.2. The writ petitioner seeks review of the judgment mainly on the ground that the entire reliefs prayed for by him have not been granted to him even though the first part of his claim has been allowed in the writ petition. The petitioner, who has argued in person, submits that he had prayed for several reliefs as enumerated in the writ petitions whereas he has been granted only relief on prayer No. 1, inasmuch as, prayer Nos. 3 and 4 having been considered, no relief has been granted and the other prayer Nos. 2, 5 and 6 have not been considered at all. The petitioner has made a lengthy and elaborate argument to impress that he was entitled to all the claims made in the writ petition, but he has not bee...
Tag this Judgment!D.R. Associates Vs. General Manager, East Coast Railways and ors.
Court: Orissa
Decided on: Apr-21-2004
Reported in: I(2005)BC10; 98(2004)CLT109; 2005(1)CTLJ146(Ori); 2004(I)OLR689
B.P. Das, J.1. In the present writ application, the petitioner prays for a direction to the opposite parties to issue work-order in respect of the work indicated in Annexure- 1 in favour of the petitioner.2. The brief facts as delineated in the writ application tend to reveal the following :The petitioner claims to be a partnership firm. In response to the tender call notice dated 22.5.2003 issued by the East Coast Railway for supply of hard stone machine crushed ballast of 15 MM size, vide Annexure-1, the petitioner and some others submitted their tenders. The aforesaid tender was of the value of Rs. 1,35,30,000/-. After opening the tenders, it was found that the petitioner's firm was L-1 and another firm, namely, A.R.S.S., was L-2. According to the petitioner, on 20.8.2003, the Opp. Party No. 3, Senior Divisional Manager (Central), East Coast Railway, issued a letter to the petitioner seeking certain clarifications regarding financial capability of the petitioner's firm, vide Annexur...
Tag this Judgment!Prafulla Kumar Sahoo and ors. Vs. Chief Executive Officer, Central Ele ...
Court: Orissa
Decided on: Apr-20-2004
Reported in: AIR2004Ori169; 98(2004)CLT172; 2004(I)OLR583
A.K. Patnaik, J.1. The petitioners were being supplied with electricity by the Central Electricity Supply Company of Orissa Ltd. The transformer through which supply of electricity were made was burnt in October, 2003. Thereafter, the transformer has not been replaced and as a result, the petitioners have not been supplied with electricity. Aggrieved, the petitioners have filed this writ application for a direction to the opposite parties to take immediate steps for restoration of transformer in Nandan-1 Sub-station and supply power to the petitioners immediately.2. Mr. Rath, learned counsel for the petitioners submitted that the petitioners are all prepared to pay the arrear dues on account of electric supply to them and on payment of such arrear dues supply of electricity may be restored to them.3. Mr. Swain, learned counsel for the opposite parties on the other hand submitted that the statement in Annexure-1 to the writ application would show that the consumers in the area have not ...
Tag this Judgment!Regional Director, Employees' State Insurance Corporation Vs. Prafulla ...
Court: Orissa
Decided on: Apr-19-2004
Reported in: 98(2004)CLT46; [2004(102)FLR705]; (2004)IIILLJ437Ori
M.M. Das, J.This is an appeal by the Employees State Insurance Corporation (hereinafter referred to as the 'Corporation') under Section 82(2) of the Employees State Insurance Act, 1948 (in short the 'Act') challenging the order passed by the District Judge-cum-Employees Insurance Court, Sambalpur in Misc. (ESI) Appeal No. 8 of 1995 dated 5.2.1999.2. The respondent was an employee under the Orient Paper Mills, Brajarajnagar and in course of his employment he sustained injuries on 8.8.1991 causing fracture of his arms. During treatment, nailing of bones of his right forearm was done and movement of his left arm was also considerably restricted due to the injuries sustained. He was examined by the Medical Board at the instance of the Corporation and the loss of earning capacity was assessed at 25%. Being aggrieved by the said report of the Medical Board, the employee-respondent filed an appeal before the Medical Appeal Tribunal alleging that there has been low assessment of his loss of ea...
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