Orissa Court April 2005 Judgments
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Protection Manufacturers (P) Ltd. and anr. Vs. Regional Provident Fund ...
Court: Orissa
Decided on: Apr-29-2005
Reported in: [2005(106)FLR936]; 2005(II)OLR51
A.S. Naidu, J.1. This writ petition has been filed assailing the direction issued by the Regional Provident Fund Commissioner, Faridabad, opposite party No. 1, to the I.C.I.C.I. Bank Ltd., opposite party No. 3, to freeze the bank account No. 61/5/406 belonging to the petitioners' company. The said direction is said to have been issued in exercise of powers conferred upon opposite party No. 1 authority Under Section 8 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 read with the Employees' Provident Funds Scheme, the Employees' Pension Scheme, 1995 and the Employee' Deposit Linked Insurance Scheme, 1970. The petitioners submit that the said order has been issued for realisation of a sum of Rs. 5,02,532.00 payable by opposite party No. 2 M/s. Condor Power Products Private Ltd. to the Fund on the ground that the petitioners are liable to pay certain amount to the said opposite party. According to the petitioners, opposite party No. 2 has ceased to be a supplier of...
Brajendranath Patra and anr. Vs. State of Orissa
Court: Orissa
Decided on: Apr-29-2005
Reported in: 2005(II)OLR177
S. Barman Roy, C.J.1. The appeal is pending in this Court since 1987. In this circumstance, this being a very old appeal pending in this Court for about 18 years, 1 am constrained to take up this appeal for disposal in the absence of the learned counsel for the appellants.2. By this appeal, the appellants seek to challenge the judgment dated 30.7.1987 passed by the learned Special Judge, Puri convicting the appellants under Section 7 of the Essential Commodities Act for violating the Clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973 and accordingly sentencing them to undergo R.I. for two months and to pay a fine of Rs. 500/- in default to suffer R.I. for further 15 days. The judgment was passed in connection with G.R. Case No. 35 of 1985.3. Mr. Kar, learned Addl. Standing Counsel, has taken me through the evidence on record. On perusal of the evidence on record, I am satisfied that the appellants were rightly held guilty under Section 7 of the...
Banda Sanamajhi Vs. Lukosuna Majhi and anr.
Court: Orissa
Decided on: Apr-29-2005
Reported in: 2005(II)OLR176
S. Barman Roy, C.J.1. This being an old appeal pending in this Court for about 18 years, I dispose of this appeal in the absence of the learned counsel for the respective parties.2. This appeal is directed against the order dated 24.6.1986 passed by the learned Sub-Divisional Judicial Magistrate, Baliguda acquitting the opposite parties from the charges under Sections 323/354/341/294, IPC in a complaint case in ICC No. 9 of 1986. After passage of long 18 years, I am of the view that it will be a travesty of justice if the judgment of acquittal is interfered with at this stage. Accordingly, the appeal is dismissed....
Chakradhar Bhutia Vs. Bankim Mohanty
Court: Orissa
Decided on: Apr-29-2005
Reported in: 2005(II)OLR175
S. Barman Roy, C.J.1. This appeal is directed against the judgment of acquittal passed by the Judicial Magistrate First Class, Jajpur Road in ICC No. 13 of 1982 acquitting the respondents from charges under Sections 161/342/384, IPC in a complaint case. After so many years since the judgment of acquittal was passed, I am of the view that it will be a travesty of justice to-interfere with the same after passage of 18 years since the appeal was filed in this Court. Hence the appeal is dismissed....
Smt. Phulmati Biswas Vs. Hari Mandal and Two ors.
Court: Orissa
Decided on: Apr-29-2005
Reported in: 2005(II)OLR178
S. Barman Roy, C.J.1. This appeal is directed against the judgment dated 18.4.1987 passed by the learned Sessions Judge, Koraput, Jeypore allowing Criminal Appeal Nos. 43 and 51 of 1986 whereby conviction of the respondents by the trial Court was set aside. This appeal is pending in this Court since 1987, that too it is an appeal against the order of acquittal. Of course none is available for the respondents. Since the appeal was filed in this Court and about 18 years' time has elapsed, hence I reject the prayer made on behalf of the learned counsel for the appellant for time.2. The respondents were prosecuted in a complaint case on the charges of defamation. Prosecution story as alleged by the complainant/appellant before the Magistrate in brief is that accused party in a representation before the Sub-Divisional Officer, Malkangiri on 28.12.1982 and another on 30.12.1982 addressed to the Superintendent of Police, Koraput falsely alleged that strangers were visiting the house of the ap...
Murali Patra and Four ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-29-2005
Reported in: 2005(II)OLR180
S. Barman Roy, C.J.1. This appeal at the instance of the five appellants namely, Murali Patra, Bhagia Patra, Gunjia @ Rama Patra, Bharat Patra and Ananta Patra is directed against the judgment dated 10.7.1987 passed by the learned Sessions Judge, Keonjhar convicting all the appellants under Section 148, IPC and sentencing them there under to undergo R.I. for one year and also convicting them under Section 323/149, IPC and sentencing them to undergo R.I. for one year and further convicting them under Section 324/149, IPC and sentencing them to R.I. for two years. All the appellants were further convicted under Section 325/149, IPC and sentenced to undergo R.I. for three years. The impugned judgment passed in Sessions Trial No. 10 of 1986.2. Mr. Kar, learned Addl. Standing Counsel has taken me through the evidence on record.3. Prosecution case in brief is that P.W. 1 Achutananda Patra lodged an FIR in connection with an incident that took place on 7.11.1985 at about 9.00 A.M. In the said...
Bhagabat Sahoo Vs. Collector and ors.
Court: Orissa
Decided on: Apr-27-2005
Reported in: 100(2005)CLT17
M.M. Das, J.1. As a common question has been raised by the petitioner in all the above Writ Petitions, they were heard together and thus, are disposed of by this common judgment.2. The petitioners in all these Writ Petitions call in question the Constitutional validity of Section 24 of the Orissa Grama Panchayat Act, 1964. Mr. S.P. Mishra, Learned Counsel appearing on behalf of the petitioner in W.P.(C) No. 11698 of 2004 contended that by the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the New Act'), the previous Act, namely, the Orissa Grama Panchayat Act, 1949 (hereinafter referred to as 'the Old Act') was repealed. Section 16(1) of the Old Act provided that every Grama Sabha shall elect in the prescribed manner from among its members an Executive Committee, which shall be known as the Grama Panchayat. The said Grama Panchayat, subject to the provisions of Section 18 thereof, shall elect a Sarpanch and a. Naib-Sarpanch from among its members. Section 18 of the said ...
Rabi Mansingh Vs. State of Orissa
Court: Orissa
Decided on: Apr-27-2005
Reported in: 2005(II)OLR101
ORDERA.K. Parichha, J.1. Learned Additional Government Advocate accepts notice on behalf of the State.2. Though the matter has been listed for admission, on the consent of the learned counsel for the parties, the same is taken up for final disposal.3. Heard the learned counsel for the parties.4. The petitioner is an accused in Tangi P.S. Case No. 49 of 2002 corresponding to G.R. Case No. 256 of 2002 pending the Court of learned S.D.J.M., Khurda for offences under Sections 341, 324, 294, 506 I.P.C. In the said case learned S.D.J.M., Khurda issued summons to the petitioner-accused. Inspite of service of summon the petitioner failed to appear in the Court on the date fixed, i.e. on 17.12.2004 as a result of which the learned S.D.J.M., Khurda directed issue of N.B.W. for production of the petitioner. Aggrieved, the petitioner has filed the present application under Section 482, Cr.P.C. for quashing the said order dated 17.12.2004 basically on the ground that summons was never served on him...
Plar Latex Ltd. Vs. Presiding Officer, Labour Court and anr.
Court: Orissa
Decided on: Apr-27-2005
Reported in: 101(2006)CLT195; [2005(106)FLR285]; 2005(II)OLR64
M.M. Das, J.1. The management of the Company-M/s. Polar Latex Ltd., Balasore is the petitioner in this writ application. The petitioner calls in question the legality of the order dated 9.12.2003 passed in I.D. Case No. 5 of 2001 by the Presiding Officer, Labour Court, Bhubaneswar in 9.12.2003.2. At the instance of the employee-opp.party No. 2 challenging the order of termination dated 24.6.1997, the Government of Orissa in exercise of powers conferred by Sub-section (5) of Section 12 read with Clause-(c) of Sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') referred the dispute to the Presiding Officer, Labour Court, Bhubaneswar for adjudication. The point referred was as follows :'Whether the action of the management of M/s. Polar Latex Ltd., Somanathpur, Balasore in terminating Sri Manoranjan Khatua, Chemist w.e.f. 24.6.1997 is legal and/or justified. If not, to what relief Sri Khatua is entitled to ?'.3. While the matter was pe...
Oriental Insurance Co. Ltd., Through the Regional Manager Vs. Raghunat ...
Court: Orissa
Decided on: Apr-27-2005
Reported in: III(2006)ACC622; 101(2006)CLT409
M.M. Das, J.1. This appeal has been preferred by the Oriental Insurance Co. Ltd. against the judgment and Award dated 15.12.2001 passed in M.A.C.T. Case No. 777 of 1991 (167 of 1998) by the Fourth M.A.C.T., Puri.2. Bereft of all unnecessary details, the facts reveal that on 15.7.1991 at about 8.30 A.M. when the deceased was travelling in a Matador bearing registration number OSF 7577 from Khurda to Jankia, the offending Truck bearing registration number AP-16 T-1717 coming from the opposite direction, while trying to overtake another Truck came to the right side of the road and dashed against the said Matador in which the deceased was a passenger. As a consequence of the accident, seven persons died including the deceased. It appears from the record that after the accident, the local people salvaged the deceased from inside the Matador which was severely damaged and as the deceased was then alive, he was then taken to the Hospital at Khurda and thereafter referred to the S.C.B. Medical...
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