Orissa Court February 2005 Judgments
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Laxman Murmu Vs. State of Orissa
Court: Orissa
Decided on: Feb-07-2005
Reported in: 99(2005)CLT703
Pradip Mohanty, J.1. This Jail Criminal Appeal is against the order of conviction of the appellant under Sections 449, 302 and 506, Part-II, IPC as per the impugned Judgment dated 9.1.1996 of the Learned Sessions Judge, Mayurbhanj,, Baripada, camp at Karanjia.2. Deceased Pana Murmu is the step-mother of the accused-appellant. In support of the allegation of matricide, prosecution stated that the accused stayed with his elder father (father's elder brother) and succeeded to his estate, but he was still greedy about a share from the landed property of his father Madan Murmu (P.W. 2) and in that respect he was in the habit of picking up quarrel with deceased and P.W. No. 2. On the date of occurrence, i.e., on 25.10.1993 at about evening time he was rebuked by the deceased for catching fish by draining water from the paddy land of P.W. 2. The occurrence of matricide however took place around 8 p.m. in the night. Accused came and caused a incised wound by an arrow on the right side chest an...
Pratap Kumar Sahu Vs. Orissa Administrative Tribunal and ors.
Court: Orissa
Decided on: Feb-04-2005
Reported in: 99(2005)CLT485
ORDER1. Heard Mr. Manoj Mishra, Learned Counsel for the petitioner, Mr. U.C. Mohanty, Learned Counsel for Opposite Party No. 6 and the Learned Additional Government Advocate for Opposite Parties 2 to 5.2. By means of this Writ Petition, the petitioner has prayed for quashing of the impugned judgment and Order dated 28.6.2002 passed in O.A. No. 2496(C) of 1993 by the Orissa Administrative Tribunal which was filed by Opposite Party No. 6 against the petitioner challenged his appointment to the post of Wireman (Instructor).3. The brief facts of the case are that a requisition was sent to the District Employment Officer to sponsor a panel of 15 candidates each for different trades. The requisition was sent by the Principal, Industrial Training Institute, Phulbani. The qualifications for the selection to the post of Wireman (Instructor) were fixed as Matric and NTC/NAC. The petitioner was consequently declared selected to the said post in the institution, i.e., Industrial Training Institute...
Sri Mrutyunjaya Sahoo Vs. Smt. Santilata Sahoo @ Das
Court: Orissa
Decided on: Feb-04-2005
Reported in: AIR2006Ori8; 99(2005)CLT450; 2005(I)OLR610
L. Mohapatra, J.1. This Writ Application is directed against the Order dated 14.1.2005 passed by the Learned Civil Judge (Senior Division), Balasore in O.S. No. 542 of 2002-I allowing an application filed by the plaintiff-opposite party to call for certain documents.2. As it appears from the impugned order the evidence had been closed from both the sides and at that stage the defendant-petitioner prayed for examination of the signatures of the Testator of the Will in question by a handwriting expert. The matter came up to this Court and this Court directed that the Will shall be sent to a Handwriting Expert.3. After the said order was passed, the Will was sent to the Handwriting Expert and after receipt of the report, the plaintiff filed an application to call for some records from the office of the Land Acquisition Collector, Addl. Civil Judge (Senior Division), Balasore and the Sub-Registrar, Balasore to prove that the signatures appearing in the Will are by one and same person. The ...
Smt. Arati Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-04-2005
Reported in: 99(2005)CLT612; [2005(106)FLR36]
Pradip Mohanty, J.1. The petitioner, in this Writ Petition, challenges the illegal action of the opposite parties, more particularly Opp. Party No. 3, reverting her from the post of Headmistress to the post of Assistant Teacher with a prayer to allow her to continue in the post of Headmistress and to protect her scale of pay which she was receiving. She has also made a prayer to quash the order of her transfer and direct Opp. Party No. 3 to allow her to continue in the Chhend High School as the Headmistress.2. The case of the petitioner is that she was initially appointed as an Assistant Teacher in the Girls High School, Basudevpur, which was an aided educational institution, in the year 1975. While so working, she completed B.Ed. in the year 1979. She continued in the said Girls High School till 31.12.1988. During this period, G.P.F. Account No. 7202 SE was allotted in her favour. Subsequently, the petitioner made an application for the post of Headmaster to the management of Chhend H...
Utkal Galvanizers Ltd. Vs. Gridco Represented Through Its Chairman and ...
Court: Orissa
Decided on: Feb-04-2005
Reported in: 99(2005)CLT653
L. Mohapatra, J.1. This Writ Application is directed against the Judgment and Order dated 8.10.2004 passed by the Learned District Judge, Cuttack in Misc. Appeal No. 121 of 2004 modifying the Order dated 3.8.2004 passed by the Learned Civil Judge (Senior Division), First Court, Cuttack in C.M.A. No. 168 of 2003 in the matter of an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure.2. The petitioner has filed C.S. No. 170 of 2003 in the Court of the Learned Civil Judge (Senior Division), First Court, Cuttack for declaration that the plaintiff-petitioner is not liable to pay sales tax as claimed by the defendant No. 4 i.e., the Commissioner of Commercial Tax, Orissa, Cuttack and that the Defendants 1 to 3 are liable to pay sales tax and for further declaration that in the event the tax is collected from the plaintiff-petitioner, the same be reimbursed by the Defendants 1 and 2 to the plaintiff-petitioner. One more prayer, which is relevant, is for declaration that t...
D.S. Rashmi Ranjan Vs. Chairman, J.E.E. 2004 and ors.
Court: Orissa
Decided on: Feb-02-2005
Reported in: 96(2005)CLT363
P.K. Mohanty, J.1. In this batch of Writ Petitions, the petitioners call in question the action of the Opp. Parties 1 and 2 in refusing them admission to the M.B.B.S. Course, 2004 under the reserved 3% of seats meant for persons with disabilities in terms of Section 39 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.2. The petitioners claim that they were brilliant students and had appeared at the Joint Entrance Examination (JEE), 2004 for admission to the M.B.B.S. Course and were eligible to seats reserved under the physically handicapped category being persons with disabilities of required degree. According to the petitioners, under Clause 2.1.3. of the Information Brochure, Joint Entrance Examination 2004, 3% of the total M.B.B.S. seats of three Medical Colleges of the State and B.D.S. stream are reserved for persons with disabilities in consonance with Section 39 of the Persons with Disabilities (Equal Opportunities, Pro...
Employees Elconmet Ltd. Vs. the Ipicol
Court: Orissa
Decided on: Feb-02-2005
Reported in: III(2005)BC143; 99(2005)CLT502; [2006]133CompCas924(Orissa); [2005]64SCL288(NULL)
ORDERA.K. Patnaik, J.1. This is an application filed by the employees of M/s. Elconmet Ltd. (for short, 'the Company') in Company Act No. 17 of 2001 to declare the sale of the assets of the said Company as null and void.2. The facts briefly are that the Company made a reference to the B.I.F.R. under Section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short, the 'SICA'). The reference was dismissed as non-maintainable by the B.I.F.R. on 30.4.1991, the Company preferred an appeal before the appellate authority for industrial and financial reconstruction and by Order dated 12.12.1991, the said appellate authority remanded the case back to the B.I.F.R. After all attempts to rehabilitate the Company failed, the B.I.F.R. decided in its proceedings held on 19.2.2001 that it is just and equitable in the public interest to wind up the Company and appointed the IPICOL (Industrial Promotion and Investment Corporation of Orissa Ltd.) as operating agency in terms of S...
Ballav Narayan Lenka Vs. State of Orissa
Court: Orissa
Decided on: Feb-02-2005
Reported in: 99(2005)CLT455; 2005CriLJ3365; [2005(4)JCR445]; 2005(I)OLR487
I.M. Quddusi, J.1. This petition has been filed challenging the Order dated 22.7.2004 by which the process pending under Sections 82 and 83 of the Code of Criminal Procedure against the petitioner has been ordered to be enforced and the personal appearance of the petitioner has not been dispensed with under Section 205, Cr.P.C.2. It appears that the petitioner is an accused in G.R. Case No. 557 of 1997 pending in the Court of Learned Sub-divisional Judicial Magistrate, Bhadrak. After taking cognizance against the petitioner for the offences punishable under Sections 379, 328 and 34, IPC, the Learned Magistrate has issued N.B.W. against the petitioner and when he did not turn up proclamation under Sections 82 and 83, Cr.P.C. was issued which was challenged by the petitioner before this Court in Crl. Misc. Case No. 808 of 2004. It appears that this Court quashed the same vide Order dated 6.5.2005 with the observation that the rest of the order is not interfered with.3. In pursuance of th...
Orissa Coal-chem Private Limited Vs. National Aluminium Company Limite ...
Court: Orissa
Decided on: Feb-02-2005
Reported in: 99(2005)CLT590
ORDERB.P. Das, J.1. The petitioner, M/s. Orissa Coal-Chem Private Limited, which is a small scale industrial unit engaged in manufacture of Hard Coal Tar-Pitch, having its factory at Angul, has filed this Writ Petition under Article 226 of the Constitution of India with a prayer to quash the arbitration proceedings initiated at the instance of Opp. Party No. 1, National Aluminium Company Limited ('NALCO'), a Public Sector Undertaking, before the Arbitrator, Opp. Party No. 2.2. The facts, as delineated in the Writ Petition, reveal as follows : Purchase Order No. 99/1060 dated 18.5.1994 was placed by NALCO with the petitioner-firm for supply of 3000 M.T. of Hard Coal Tar Pitch of a particular specification within a period of one year. The petitioner, however, supplied 2232.529 M.T. of aforesaid material during the contract period. As per the agreement entered into between the petitioner and Opp. Party No. 1-NALCO, the latter was to clear the payments against the supply within one month o...
Ashok Kumar Yadav Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-02-2005
Reported in: 2005(I)OLR599
Sujit Barman Roy, C.J.1. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing the order of detention dated 10.10.2004 under Annexure-1 issued in respect of the petitioner by the District Magistrate, Jharsuguda, Orissa.2. By the impugned order the District Magistrate in exercise of the power conferred upon him by or under Sub-section (2) of Section 3 of the National Security Act, 1980 (in short, 'the Act') recorded that he was satisfied that with a view to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order it was necessary to direct that the petitioner be detained in the Sub-Jail, Jharsuguda until further orders. On 10.10.2004 itself in execution of the said order of detention the petitioner was arrested and was served with a copy of the order of detention and since then he is detained in the said Sub-Jail. While in detention, pursuant to the order under Annexure-1, petitioner was served with...
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