Orissa Court February 2005 Judgments
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Kumari Madhusmati Jena and anr. Vs. Council of Higher Secondary Educat ...
Court: Orissa
Decided on: Feb-18-2005
Reported in: 99(2005)CLT628
P.K. Mohanty, J.1. The petitioners call in question the decision of the Council in cancelling English Paper-II, Political Science Paper-I and Economics Paper-I of Annual CHSE Examination held in the year 1997 and in awarding 00 marks in those papers.2. The opposite party-Council has filed a counter affidavit. According to the Council, when English Paper-II was being conducted in Panchayat College of Science and Technology, Gengutia Centre during the second sitting of 19.3.1997, the Flying Squad visited the Centre and detected that some employees were collecting incrimination materials from the examinees, which they noticed from the gate. One case of the individual mal-practice was detected and reported. The report of the Flying Squad disclosed that the College had no space and the examinees were sitting the Veranda very close to each other and engaged in talking. A large number of incriminating materials were collected by the Squad and the general condition inside the examination hall ...
Smt. Sanjulata Giri and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-18-2005
Reported in: 99(2005)CLT625; [2005(106)FLR33]
M.M. Das, J.Initially four petitioners filed this Writ Application praying for a direction directing the opposite parties to appoint them as Anganwadi Workers after quashing the order under Annexure-3. During pendency of the Writ Application, Petitioner No. 4 having expired, her name has been deleted from the cause title of this case. The Petitioner No. 3 has also been absorbed as Anganwadi Worker, in the meantime. Thus, this petition is confined to the Petitioner Nos. 1 and 2.2. Pursuant to an advertisement inviting applications for appointment to the post of Anganwadi Workers (100 posts), by the Child Development Project Officer, Champua (Annexure-1), more than 700 applications were received. The petitioners were also applicants for the said post. After scrutiny of the applications, the petitioner being found eligible received call letters to attend the interview and were also directed to produce the original documents at the time of interview. By letter dated 5.2.1996 under Annexure...
Suresh Kumar Singhi and ors. Vs. Kirit Kotecha and anr.
Court: Orissa
Decided on: Feb-15-2005
Reported in: 99(2005)CLT345; 2005(I)OLR408
L. Mohapatra, J.1. This Writ Application is directed against the Order dated 16.11.2004 passed by the Learned Civil Judge (Senior Division), Balasore in Civil Suit No. 809 of 2003-I rejecting the application filed by the defendants under Section 10 of the Code of Civil Procedure for stay of further proceeding of the suit.2. The Opposite Parties have filed the aforesaid suit praying for decree of eviction against the defendants-petitioners from the first floor of the building standing over the A schedule of property and for delivery of vacant possession thereof. The petitioners who were defendants in the said suit filed an application under Section 10 of the CPC on the ground that the vendor of the plaintiffs-opposite parties had entered into an agreement with the father of the defendants-petitioners for sale of the land. For non-performance of the contract the father of the defendants-petitioners had filed Title Suit No. 903 of 2000 and the plaintiffs-Opposite Parties had also filed Ti...
Basanta Konhar @ Babula Vs. State of Orissa
Court: Orissa
Decided on: Feb-15-2005
Reported in: 2005(I)OLR710
1. In the above appeal, Appellant has challenged to the judgment and order dated 27.07.1996 passed by learned Sessions Judge, Phulbani in S.T. No. 7 of 1996, whereby he has been convicted under Sections 302/201, I.P.C. and sentenced to undergo imprisonment for life for committing murder of his co-villager Kiabala Konhar and causing disappearance of his dead body.2. Case of the prosecution, in a nutshell, is that appellant and deceased Kiabala Konhar are co-villagers. Rajkishore Konhar is the son of the deceased. Some years prior to the occurrence, Appellant had snatched away a gold 'Mali' from the neck of the daughter-in-law of the deceased. A Punch was convened in the village, where the appellant admitted the above fact. In the said Panchayat, Appellant also agreed to compensate Kiabala Konhar with the cost of the 'Mali', i.e., Rs. 3,000/-(rupees three thousand), as the same was disposed of by him. Accordingly the appellant paid Rs. 2,500/- (rupees two thousand-five hundred). A couple...
S. Mohan Rao Vs. Republic of India, S.P., C.B.i. and ors.
Court: Orissa
Decided on: Feb-15-2005
Reported in: 2005CriLJ2052
ORDERR.N. Biswal, J.1. The petitioner being represented through his son-guardian has challenged the legality, propriety and correctness of the order dated 30-10-1996 passed by the Addl. Chief Judicial Magistrate, Bhubaneswar in S.P.E. case No. 8 of 1994 wherein he rejected the petition filed by him under Section 329 of Cr.P.C. to stop further proceeding of the case.2. The petitioner and another were jointly facing trial in the aforesaid case for the offence under Sections 120-B/420/170 of the Indian Penal Code. On 21-11-1994 the petitioner filed a petition under Section 329 of Cr.P.C. before the Addl. Chief Judicial Magistrate, Bhubaneswar to postpone the further proceeding of the case on the ground of his unsoundness of mind and consequential incapability of making his defence.3. Dr. Narasimha Reddy, Asstt. Civil Surgeon and Asstt. Professor or Psychiatry of the Govt. Hospital for Mental Care, Visakhapatnam and the son of the petitioner were examined to establish the case of the petit...
State of Orissa Represented by Collector Vs. L. Appalaswamy
Court: Orissa
Decided on: Feb-14-2005
Reported in: 99(2005)CLT545
P.K. Tripathy, J.1. Learned Standing Counsel is present on behalf of the appellant. None appears for the respondent. Hence the respondent is set ex parte. Appeal is heard ex parte in absence of the respondent and the judgment is as follows.2. It is the case of the plaintiff/respondent that he was initially appointed as a Ministerial Staff in September, 1927 under the Government of Madras. On formation of the province of Orissa his service was transferred to the province of Orissa with effect from 1.4.1936 and that service continued under the State of Orissa until the date of his irregular retirement on 24.8.1961, because under the erstwhile employer his period of retirement would have been on completion of sixty years of age, but under the State of Orissa he was made to retire on 24.8.1961 on completion of 55 years of age. The Finance Department, under several Circulars including that of Exts. A and B, recognized its mistake and also wanted to compensate such irregularly retired person...
Smt. Pramila Pradhan Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-14-2005
Reported in: 99(2005)CLT637; 2005(I)OLR411
ORDER1. 14.2.05 -- Heard learned counsel for the petitioner as well as the learned Government Advocate.2. In this writ petition the petitioner seeks to challenge the order dated 4.10.2004 passed by the Collector, Kandhamal, Phulbani in exercise of his power conferred upon him under Section 26 of the Orissa Grama Panchayat Act.3. The case of the petitioner in brief is that she is the elected Sarpanch of Manikeswar Gram Panchayat. The Collector in his notice dated 11.8.2004 under Annexure-1 informed the petitioner that she was blessed with a third child born after the Orissa Gram Panchayat (Amendment) Act, 1994 came into force. Stating this fact in the show cause notice dated 11.8.2004, the Collector in exercise of power conferred on him by the Act, called upon the petitioner to file show cause reply before him personally with relevant documents and witnesses within fifteen days on the question as to why the petitioner should not be dismissed from the office of the Sarpanch. In complianc...
State of Orissa Represented by L.A. Officer-cum-collector Vs. Kamala B ...
Court: Orissa
Decided on: Feb-14-2005
Reported in: 100(2005)CLT234
P.K. Tripathy, J.1. Learned Standing Counsel for the State is present and he is ready. None appears for the Respondents.2. Heard.3. This Appeal under Section 54 of the Land Acquisition Act, 1894 (in short 'the Act') has been filed challenging to the award made by the Learned Subordinate Judge, Nawapara on 15.2.1993 in M.J.C. No. 61 of 1991, a case registered after reference under Section 18 of the Act.4. An extent of Ac. 0.85 decimals out of Ac. 2.88 area from a Plot No. 365 under Khata No. 65 in Mouza Thakur Nawapara under Nawapara P.S. was acquired by the State Government from the possession of the Respondents for the purpose of Jonk Medium Irrigation Project under declaration No. 75569/R dated 3.12.1988 and Notification No. 31112/R dated 13.5.1988 in the Orissa Gazette No. 717 dated 17.5.1989. The appellant assessed the value of the acquired land @ Rs. 7,140/- per acre along with the compensation for the loss of the land additional compensation and solatium he made an award of Rs. 8...
Sahadev Naik Vs. State of Orissa
Court: Orissa
Decided on: Feb-11-2005
Reported in: 99(2005)CLT523
P.K. Tripathy, J.1. The appellant challenges the order of his conviction under Section 302, IPC and sentence of imprisonment for life as per the impugned judgment of Learned Additional Sessions Judge, Bargarh in Sessions Trial No. 165/44 of 1994.2. Prosecution case in substance is that Baladhar Majhi (hereinafter referred to as 'the deceased') had some dispute with one Sukadev Majhi. Accused-appellant, Sahadev Nayak is the son-in-law of that Sukadev Majhi. The deceased was done to death at about 4.30 to 5.00 P.M. on 20.7.1994 when he was taking rest in the house of Baratu Pradhan (P.W. 1) along with Amruta Pradhan (P.W. 3). Amruta Pradhan is the younger brother of Baratu Pradhan. According to the prosecution case, the accused came into the room where the deceased and P.W. 3 were taking rest. Then the deceased was in slumber and P.W. 3 was in awaken condition. Accused dealt blows by the help of the axe, which he was carrying. One of such blows was on the right side neck of the deceased ...
Orissa Forest Development Corporation Limited Vs. Presiding Officer, L ...
Court: Orissa
Decided on: Feb-11-2005
Reported in: [2005(105)FLR1146]; (2005)IILLJ928Ori; 2005(I)OLR595
A.S. Naidu, J.1. The word dated 18th April, 1994 passed by the Presiding Officer, Labour Court, Bhubaneswar in I.D. Case No. 128 of 1990 is assailed in this Writ application by the Orissa Forest Development Corporation Limited.2. Opposite Party No. 2-workman raised an industrial dispute inter alia challenging the order of the management terminating his service. Conciliation having failed, the following dispute was referred to the Labour Court by Government in exercise of power conferred upon it under Sections 10 and 12 of the Industrial Disputes Act :-'Whether the termination of services of Sri Sarat Chandra Dash, Stenographer by the management of M/s. Orissa Forest Corporation Limited, Bhubaneswar with effect from 20.8.1982 is legal and/or justified If not what relief is Sri Dash entitled ?'3. According to opposite party No. 2 he was working as a Stenographer under the opposite party Corporation with effect from 28.1.1981 and his tenure of appointment was being extended from time to t...
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