Orissa Court April 2005 Judgments
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Divisional Manager, Orissa Forest Development Corporation, Berhampur ( ...
Court: Orissa
Decided on: Apr-26-2005
Reported in: 100(2005)CLT23
A.S. Naidu, J.1. The Divisional Manager, Orissa Forest Development Corporation, Berhampur (C) Division seeks to assail the Award dated 30th July, 1996, vide Annexure-11, passed by the Presiding Officer, Labour Court, Jeypore in I.D. Case No. 54 of 1994.2. Opposite Party No. 1-Gourisankar Misra was admittedly appointed by the Orissa Forest Development Corporation (for short OFDC) on daily wage basis. In order to meet the long felt grievance of the daily rated and consolidated workers of the Corporation who were continuously working for a long long time, the Corporation framed a set of rules called 'the Orissa Forest Corporation Daily-rated/Consolidated-rated Workers' Service Rules, 1980' (hereinafter called the 1980 Regularisation Rules). In consonance with the said Rules, an employee who was in continuous service of the Corporation for a period of at least two yeas on daily wage basis was to be regularized in service. Accordingly the service of the opposite party-workman was regularise...
Divisional Manager, Orissa Forest Development Corporation, Berhampur ( ...
Court: Orissa
Decided on: Apr-26-2005
Reported in: 2005(II)OLR73
A.S. Naidu, J.1. The Divisional Manager, Orissa Forest Development Corporation, Berhampur (C) Division seeks to assail the Award dated 30th July, 1996, vide Annexure-11, passed by the Presiding Officer, Labour Court, Jeypore in I.D. Case No. 54 of 1994.2. Opposite party No. 1 -Gourishankar Misra was admittedly appointed by the Orissa Forest Development Corporation (for short OFDC) on daily wage basis. In order to meet the long felt grievance of the daily rated and consolidated workers of the Corporation who were continuously working for a long time, the Corporation framed a set of rules called 'the Orissa Forest Corporation Daily-rated/Consolidated-rated Workers' Service Rules, 1980' (hereinafter called the 1980 Regularisation Rules). In consonance with the said Rules, an employee who was in continuous service of the Corporation for a period of at least two years on daily wage basis was to be regularized in service. Accordingly the service of the opposite party-workman was regularized ...
Executive Officer, Berhampur Municipality Vs. Smt. Bishnu Priya Bisoi ...
Court: Orissa
Decided on: Apr-25-2005
Reported in: 99(2005)CLT778; 2005CriLJ3787
I.M. Quddusi, J.1. This Criminal appeal has been filed against the Judgment and Order dated 7.7.1987 passed by the 1st Addl. Sessions Judge, Berhampur, in Criminal Appeal No. 2/1987 (Criminal Appeal No. 233 of 1986 (GDC) allowing the appeal and setting aside the order passed by the Learned Judicial Magistrate Second Class, Berhampur in 3(a) C.C. No. 175 of 1985 convicting Respondent No. 1 under Section 385-A of the Orissa Municipal Act and sentencing her to pay a fine of Rs. 384/- and further imposing daily fine at the rate of Re. 1/-for the period from 22.2.1985 till the date of judgment amounting to Rs. 616/- in all to pay a fine of Rs. 1,000/-, in default to undergo simple imprisonment for three months.2. At the very outset, it is necessary to mention the facts. It was alleged that Respondent No. 1 had constructed a pucca building at the locality, namely Nilakantha Nagar Street in Ward No. 21 within Berhampur Municipal area without obtaining any valid permission or license from the ...
Surendranath Subudhi Vs. State of Orissa
Court: Orissa
Decided on: Apr-25-2005
Reported in: 2005CriLJ3367; 2005(II)OLR244
I.M. Quddusi, J.1. This appeal has been filed against the judgment and order dated 25.3.1988 passed by the Special Judge, Koraput, Jeypore in T.R.Case No. 1 of 1987 (State v. Surendranath Subudhi) convicting the appellant for the offence punishable under Section 7(1) of the Essential Commodities Act, 1955 and sentencing him to undergo R.I. for six months and to pay a fine of Rs. 1,000/-, in default to undergo R.I. for a further period of one month.2. The prosecution case, in short, is that the appellant-accused is a businessman having a grocery shop at village Mathalput. He has his grocery shop adjoining his residential accommodation. There is a bathroom near his residence. He has also a godown in front of his grocery shop, and the shop and the godown are intervened by a road. On 16.3.85 Staff of the Supply Department consisting of the Supply Supervisor, Koraput, Sri Bhagaban Behera, Sri Atithi Charan Sahu, Marketing Intelligence Inspector, Koraput, Supply Supervisor, Sunabeda Sri Pram...
Mohan Gouda and anr. Vs. State
Court: Orissa
Decided on: Apr-21-2005
Reported in: 2005(I)OLR751
Sujit Barman Roy, C.J.1. Prosecution case, in brief, is that the two appellants gave blows with kicks and hands upon the deceased as a result of which the liver of the deceased ruptured and ultimately succumbed to the injuries.2. Learned counsel for both the parties have taken me through the evidence on record. On perusal of the evidence on record we are satisfied that the appellants were in fact involved with the assault on the deceased which ultimately resulted in the death of the deceased. However, trial Court only basing on such facts concluded that the appellants were guilty under Section 304/34 I.P.C. and accordingly convicted them thereunder and sentenced them to life imprisonment. After going through the post mortem report, it appears to us that the conviction of the appellants under Section 302/34 I.P.C. cannot be sustained inasmuch as on the evidence on record as well as medical evidence, it is not possible for us to infer that the appellants had any common intention to cause...
Sukadev Mohanty and ors. Vs. State of Orissa
Court: Orissa
Decided on: Apr-21-2005
Reported in: 100(2005)CLT61
I.M. Quddusi, J.1. The present Criminal Appeal has been filed against the Order dated 23.3.1987 passed by the First Additional Sessions Judge, Cuttack in Sessions Trial No. 123 of 1986, State v. Sukadev Mohanty and 14 Ors.. Additional Sessions Judge, Cuttack acquitted all the accused persons except the present appellants. Out of them Sukadeva Mohanty (Appellant No. 1), Bijay Mohanty (Appellant No. 2) and Sarat Mohanty (Appellant No. 3) were convicted and sentenced to undergo rigorous imprisonment for one year each for the offence punishable under Section 323, I PC whereas, Hemanta Mohanty (Appellant No. 4) was convicted and sentenced to undergo rigorous imprisonment for two years for the offence punishable under Section 324, IPC.2. The brief facts of the case are that an FIR was lodged mentioning therein that in the year 1984 there was dispute regarding cultivation of Anabadi land in between village Kolangiri and Nankar and the Bhadralogs prohibited cultivation of Anabadi land and a Pa...
Kapila Kandi Vs. State of Orissa
Court: Orissa
Decided on: Apr-21-2005
Reported in: 2005(II)OLR312
I.M. Quddusi, J.1. This Criminal Appeal has been filed against the judgment and order dated 23.10.1987 passed by the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Puri in S.T.No. 7/92 of 1987 convicting and sentencing the appellant for three years rigorous imprisonment in respect of the offence punishable under Section 451, IPC and seven years rigorous imprisonment in respect of offence punishable under Section 376 IPC with the direction that both the sentences are to run concurrently.2. The brief facts of the case are that the FIR was lodged by the complainant-alleged victim whose name is not being disclosed only describing in short as 'K', after nine days from the date of the incident, i.e. at 8.00 p.m. on 9.1.1987 at Kanas P.S., after scribing the oral FIR and obtaining her thumb impression.3. According to the prosecution, on 1.1.1987 at about 6.00 P.M. the appellant entered into the cow-shed of Bisi Kandi (P.W.4) and caught hold of his daughter-in-law, namely, 'K'...
Prem Kumar Agarwala Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-21-2005
Reported in: AIR2006Ori146
ORDERL. Mohapatra, J.1. The petitioner in this writu application challenges the legality of the order passed by the opposite parties 1 and 2 cancelling his licence.2. The case of the petitioner is that he was appointed as a Sub-wholesaler for kerosene in Loisingha Block and was continuing as such since 1991. His licence was being renewed from year to year and the same was cancelled in the impugned order. The further case of the petitioner is that on 22-10-2003, the Tahsildar, Bolangir accompanied by the Sub-Collector and Civil Supplies staff inspected the business premises of the petitioner and found 5,300 liters of kerosene kept in stock tallied with the book balance. However, a report was submitted stating that the display board was not in order and 'J' licence was not produced although the stock and price of kerosene 'board was there in the business premises on the front side of the wall. After receipt of the report, the Collector, Bolangir in its letter dated 3-11 -2003 directed th...
Ram Parbesh GosaIn Vs. Republic of India
Court: Orissa
Decided on: Apr-20-2005
Reported in: 2005(I)OLR678
ORDERA.K. Parichha, J.1. Though the matter was listed for admission, on the consent of both parties, it is taken up for final disposal at the stage of admission.2. Heard the learned counsel for the petitioner and learned Sr. Standing Counsel appearing for the C.B.I.3. The petitioner, who is an accused in R. C. No. 13 (A) of 2002 corresponding to T.R. No. 6 of 2004 in the Court of learned Special Judge, C.B.I., Bhubaneswar, prayed to dispense with his personal appearance in Court and to allow him to appear through his advocate under the provision of Section 205, Cr.P.C. The said prayer having been rejected by the learned Special Judge, Bhubaneswar, he has come up with the present application under Section 482, Cr.P.C. with a prayer to quash the order of rejection dated 17.8.2004 passed by the learned Special Judge, C.B.I., Bhubaneswar in the above noted case.4. Mr. Sanjeev Udgata, learned counsel for the petitioner submits that the petitioner, who is a senior citizen, is suffering from ...
Dr. Jaykrushna Patnaik Vs. Divisional Forest Officer, Ghumsur North Di ...
Court: Orissa
Decided on: Apr-20-2005
Reported in: 101(2006)CLT743; 2005(II)OLR40
A.K. Samantaray, J.1. In this writ petition under Articles 226 & 227 of the Constitution of India the petitioner has challenged the order dated 30.6.2004 of Divisional Forest Officer, Ghumsur North Division, Bhanjanagar (opposite party No. 1) rejecting his application for issue of Timber Transit permit for removal of trees (forest produce) standing on his private recorded land in Mouza Mujagada under Ghumsur Tahsil in the District of Ganjam.2. The petitioner along with others is the owner of a piece of land in Mouza Mujagada under M.S. Holding No. 210, Plot No. 1958 and the petitioner had applied on 5.3.2001 to opposite party No. 1 for issuance of T.T. permit for removal of trees standing over the said plot of land. As per the letter of opposite party No. 1 bearing No. 454 dated 4.2.2004 the petitioner submitted the required documents i.e., ROR and rent receipts etc. The opposite party No. 1 thereafter issued intimation to the Tahasildar, Ghumsur, Bhanjanagar (opposite party No. 2) for...
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