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Orissa Court May 2005 Judgments

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May 11 2005

Santilata Pallei Vs. Chairman-cum-managing Director, Grid Corporation ...

Court: Orissa

Decided on: May-11-2005

Reported in: III(2005)ACC444; 100(2005)CLT1

A.K. Samantaray, J.1. The petitioner in this Writ Petition under Articles 226 and 227 of the Constitution of India has claimed compensation form the opposite parties for the injuries sustained by her husband Prahallad Pallei coming in contact with naked live electric wire lying on his path.2. The petitioner is the wife of Prahallad Pallei who suffered burn injuries due to electrocution on 30.3.1997 at pre-dawn hour when he had been with one Rabindra Nayak to call one Babaji Nayak for thatching of a house. The said Prahallad Pallei was a daily labourer and cultivator and was the sole bread earner of the family. When both of them proceeded on the village road to reach house of Babaji Nayak without any premonition and the impending danger that awaited them there near the house of said Babaji Nayak on the road, their legs came in contact with snapped live electric wire which was lying on the village road and Rabindra Nayak had electrocution death there at the spot but this Prahallad Pallei...


May 11 2005

Hemanta Kumar Behura and ors. Vs. State of Orissa and ors.

Court: Orissa

Decided on: May-11-2005

Reported in: I(2006)DMC293; 2005(II)OLR296

A.K. Parichha, J. 1.This is an application under Section 482, Cr.P.C. filed by the petitioners for quashing the proceeding in G.R.Case No. 2352 of 2002 of the learned JMFC, Bhubaneswar.2. Basing on an FIR lodged by one Bandana Pradhan @ Beura, Capital P.S.Case No. 342 of 2002 was registered, investigation was conducted and on conclusion of investigation, charge-sheet was submitted against the petitioners for the offence under Sections 498-A/34, IPC and Section 4 of the D.P.Act. After perusing the materials placed by the prosecution alongwith the charge-sheet, learned JMFC, Bhubaneswar took cognizance of those offences in the above noted G.R. Case and directed issue of process against the petitioners. Aggrieved, the petitioners have come up with the present application for quashing the order of cognizance as well as the proceeding of G.R.Case No. 2352 of 2002.3. Mr. S. K. Nayak, learned counsel for the petitioners submits that in the meantime, amicable settlement has been reached betwee...


May 11 2005

Nirmala Nayak and ors. Vs. Chairman-cum-managing Director, Grid Corpor ...

Court: Orissa

Decided on: May-11-2005

Reported in: IV(2005)ACC150; 2007ACJ283; 2005(II)OLR389

A.K. Samantaray, J.1. The petitioners in this writ petition under Articles 226 and 227 of the Constitution of India have claimed compensation from the opposite parties for the death of the deceased Rabindra Nayak due to electrocution.2. Petitioner No. 1 is the wife and the petitioners 2, 3 and 4 are the minor daughters and son of the said deceased Rabindra Nayak who had electrocution death on 30.3.1997 at pre-dawn hour when he had been to the house of one Babaji Nayak with one Prahallad Palei to call him for thatching of a house. The deceased was daily labourer and only bread winner of the family. While on the fateful morning on 30.3.1997 he set out of his house and proceeded on the village road to reach the house of Babaji Nayak without any premonition of the impending danger that awaited him there near the house of Babaji Nayak on the road, his legs came in contact with snapped live electric wire which fell on the ground and he was instantaneously electrocuted. He fell down and died ...


May 11 2005

Sura Naik and Seven ors. Vs. State of Orissa

Court: Orissa

Decided on: May-11-2005

Reported in: 2006(I)OLR678

ORDERA.K. Parichha, J.1. Although the matter has been listed for admission, on the consent of the learned Counsel for the parties, it is taken up for final disposal.2. Heard the learned Counsel for the parties.3. One Manju Naik filed a complaint petition bearing ICC No.63 of 2003 in the Court of learned JMFC, Narasinghpur against the petitioners. The said complaint petition was forwarded to Kanpur Police Station under Section 156(3), Cr.P.C. for investigation. The authorities of Kanpur P.S. registered the complaint case as Kanpur P.S. Case No.39 of 2002, corresponding to G.R. Case No. 111 of 2003 and investigation was undertaken. On completion of investigation, charge-sheet was submitted against the petitioners for the offence under Sections 498-A, 323, 294, 506/34, IPC and Section 4 of the D.P. Act. Learned JMFC, Narasinghpur after perusing the charge-sheet and case diary, took cognizance for the above noted offences in the aforesaid G.R. Case No. 111 of 2003 and directed issue of pro...


May 10 2005

Ajay Kumar Das Vs. State Bank of India and ors.

Court: Orissa

Decided on: May-10-2005

Reported in: 100(2005)CLT8

I.M. Quddusi, J.1. The instant Writ Application has been filed by the petitioner who is a Branch Manager in the State Bank of India Against his transfer from Pattamundai (Bhubaneswar Module to Berhampur Module) under Inter Module Annual Transfer Exercise 2003, passed by the Order dated 20.6.2002 inter alia on the ground that he is a serious cardiac patient and is entitled to the benefit laid down in Clause 7.1.1 of the Policy of Transfer of S.B.I. Officers. He is having heart ailments. The State Bank of India made a circular transfer policy, Paragraph 7.1.1 of which is as under:'7.1.1. In cases where an officer or a member of his/her family, i.e., spouse, children or dependent parents, is suffering from a sickness of serious nature which would require hospitalization, admission in clinics/nursing home and other special treatment, facilities for which are not available at the centre where such facilities are available which may be considered on merits and administrative convenience.'2. ...


May 09 2005

State of Orissa Vs. Subash Prasad

Court: Orissa

Decided on: May-09-2005

Reported in: 100(2005)CLT68

P.K. Tripathy, J.1. Heard the parties and the Government Appeal is dismissed for the reasons indicated below.2. Accused-Respondent was prosecuted in the court of the J.M.F.C., Panposh for the offence under Section 3(a) of Railway Property (Unlawful Possession) Act, 1966 (in short 'the Act, 1966') on the allegation that while going on a motor cycle he was found carrying a gunny bag containing some Railway properties. In course of the trial, those properties were marked M.Os. I to XV. Amongst those articles coupling were marked M.Os. I & II, Fish-Plates as M.Os. III, IV and XV and Steel Keys as M.Os. V to XIV. Prosecution examined four witnesses in support of its case. Out of them, P.W. Nos. 1 & 4 were the Official witnesses who participated in detection of the case and seizure of the property and P. W. Nos. 2 & 3 are the other Official witnesses who examined the seized articles and opined in their reports respectively marked as Exts. 4 & 5 that such property belongs to the Railway Depar...


May 06 2005

Krishna Chandra Mishra Vs. State of Orissa Represented Through Superin ...

Court: Orissa

Decided on: May-06-2005

Reported in: 99(2005)CLT769

I.M. Quddusi, J.1. This petition under Section 482, Cr.P.C. has been filed against the Order dated 22.6.2002 passed by the Learned Special Judge, Vigilance Berhampur in G. R. Case No. 5 (Vig) of 1998 taking cognizance against the petitioner, Krishna Chandra Mishra for the offences punishable under Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and under Sections 420/467/120B, IPC.2. Mr. Mohapatra, Learned Standing Counsel for the Vigilance Department submitted that Shri S. K. Mishra, Collector, Gajapati received a grant of Rs. 45,00,000/- (Forty five lakhs) from DRDA (District Rural Development Agency), Ganjam, Chhatrapur under JRY (Jawahar Rojgar Yojana) for Horticulture Plantation Project. The target group under TRY is the people below the poverty line satisfactorily under S.C. and S.T. category, On 16.9.1993 one of the co-accused Shri Jagannath Sahu, Chief Executive of N.G.O., namely SERVE moved an application before the Collector, Gajapati askin...


May 06 2005

N. Rangarajan Vs. State of Orissa

Court: Orissa

Decided on: May-06-2005

Reported in: 2005(II)OLR70

ORDERA.K. Parichha, J.1. Learned Addl. Standing Counsel accepts notice on behalf of the State of Orissa. Mr. B.C. Swain and his associates have filed Vakalatnama for Bhabanishankar Jagadev Mohapatra, who stands surety for the vehicle in question.2. Though the matter has been listed for admission, on the consent of the learned counsel for the parties, it is taken up for final disposal at the stage of admission.3. Heard learned counsel for both parties. A vehicle bearing Registration No. T.N.04/K-9578 was seized in connection with Jankia P.S. Case No. 106 of 2003 corresponding to G.R. Case No. 607 of 2003 of the Court of learned S.D.J.M., Khurda. The said case after commitment to the Court of learned Sessions Judge was renumbered as S.T. Case No. 46/267 of 2003 and is now pending in the Court of learned Ad hoc Additional Sessions Judge, Khurda. During the pendency of the case a petition under Section 457, Cr.P.C. was moved by the petitioner for interim release of the said vehicle and the...


May 05 2005

Smt. Hemalata Sahoo Vs. Presiding Officer, Labour Court and anr.

Court: Orissa

Decided on: May-05-2005

Reported in: 100(2005)CLT11; [2005(106)FLR732]; (2005)IIILLJ374Ori

A.S. Naidu, J.1. The petitioner disputing her disengagement from service with effect from 31st May, 1993 by the Management of D.A.V. Public School, Chandrasekharpur, Bhubaneswar raised an industrial dispute. Conciliation having failed, the State Government referred the following dispute to the Labour Court, Bhubaneswar for adjudication :'Whether the action of the Management of D.A.V. Public School, Chandrasekharpur, Bhuabneswar In terminating the service of Smt. Hemalata Sahoo, Aya with effect from 31.5.1993 is legal and or justified If not, what relief Smt. Sahoo is entitled to ?2. According to the petitioner she was engaged as an Aya under Opposite Party No. 2-management with effect from November, 1991 and was being paid daily wages. She continued in service for about two years. Though she was required to look after the children of the school and also to do the work of a Peon as and when required, she was directed to do the domestic work as the residence of the Principal of the Schoo...


May 05 2005

Nalinikanta Ray and anr., Vs. State of Orissa and ors.

Court: Orissa

Decided on: May-05-2005

Reported in: 100(2005)CLT394

I. M. Quddusi, J.1. By means of these Writ Petitions the petitioners have challenged the impugned order dated 21.8.1998 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.As. Nos. 886, 887, 888, 889, 1380, 1383, 1384 and 1385 of 1998. The Tribunal dismissed the said cases.2. The brief facts of the case are that the applications were invited on 16.4.1992 to attend the interview to fill up the six posts of Copy Holders in Government Press. Four posts were to be filled up by general category candidates and one post each by Scheduled Tribe and Scheduled Caste candidates. The interview was held on 2.6.1993. In the selection, nine candidates of general category and five candidates from Scheduled Caste and four from Scheduled Tribe were declared selected. The petitioners' names found place in the select list. But they were not given appointment order. Being aggrieved, they filed O.A. No. 346 of 1995 and the Tribunal vide order dated 22.1.96 allowed the application directing to app...


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