Orissa Court October 2007 Judgments
Gouranga Charan Sethy and Ganeswar Sethy Vs. State of Orissa
Court: Orissa
Decided on: Oct-31-2007
Reported in: 2008(I)OLR93
Pradip Mohanty, J.1. Both the criminal revisions arise out of the judgment and order dated 18.11.2000 passed by the learned Addl. Sessions Judge, Angul in Criminal Appeal No. 8 of 1995/219 of 1997. Therefore, they were heard together and are disposed of by this common judgment. By the impugned order, the appellate Court has convicted the petitioner Gouranga under Section 354 IPC and petitioner Ganeswar under Section 354/109 IPC and sentenced each of them to pay a fine of Rs. 1000/- in default to undergo R.I. for one month by modifying the judgment and order dated 01.02.1995 passed by the learned C.J.M.-cum-Asst. Sessions Judge, Angul in S.T. Case No. 23 of 1993/Trial No. 19 of 1994 convicting Gouranga under Sections 376/511 IPC and Ganeswar under Sections 376/511/109 IPC and sentencing each of them to undergo R.I. for three years and six months and pay a fine of Rs. 1000/- in default to undergo further R.I. for one month.2. Case of the prosecution is that P.W.7 lodged information stati...
Tag this Judgment!Sunil Sahu @ Sunil Kumar Sahu Vs. State of Orissa
Court: Orissa
Decided on: Oct-31-2007
Reported in: 104(2007)CLT820
ORDERI. Mahanty, J.1. Heard Learned Counsel for the Petitioner and Learned Counsel for the State.2. The informant (wife of the Petitioner) has filed an F.I.R. on 26.8.2007 against the Petitioner, which was registered as Betnoti P.S. Case No. 121 of 2007 under Section 498A and 506 read with Section 34 of I.P.C. and Sections 3 and 4 of D.P. Act. The Petitioner was apprehended and produced before the lower Court on 20.9.2007 and the said Court rejected the bail application of the Petitioner.3. Being aggrieved by the said order of rejection of bail, the Petitioner moved a Bail Application No. 146/627 of 2007 in the Court of Addl. Sessions Judge, Baripada. The Learned Sessions Judge, Baripada by order No. 2 dated 4.10.2007 has rejected the prayer for bail of the present Petitioner and hence the present application.4. Case of the informant is that she was married to the Petitioner on 24th day of Baisakha 2006 according to the Hindu rites. At the time of marriage, cash of Rs. 20,000/- and oth...
Tag this Judgment!Basanta Kumar SwaIn Vs. Presiding Officer, State Education Tribunal an ...
Court: Orissa
Decided on: Oct-30-2007
Reported in: 105(2008)CLT17; 2008(1)OLR84
1. Heard.This Writ Petition is as against Judgment of the State Education Tribunal, Orissa in Appeal No, 19 of 2000. Petitioner was the Appellant and the Governing Body of Sri Satya Sai Womens College, Bhubaneswar with its officials and the Director of Higher Education, Orissa were the Respondents in that appeal. Petitioner's service was terminated on 20.10.2000. That order of termination was challenged before the State Education Tribunal under Section 10-A of the Orissa Education Act, 1969 (in short, 'the Act'). The dispute before the Tribunal centered round, if the Petitioner was the junior-most surplus staff and whether his termination is regulated by the provisions in Section 10-A(1)(a) of the Act.2. At the outset, Learned Counsel for the Governing Body raises the issue on maintainability of the Writ Petition on the ground that the impugned order is appealable under Section 24-C of the Act. According to Mr. Pattnaik, Learned Counsel for the Governing Body, provision in Section 24-B...
Tag this Judgment!Purna Chandra @ Purna Behera and 3 ors. and Sudarsan Behera and anr. V ...
Court: Orissa
Decided on: Oct-30-2007
Reported in: 105(2008)CLT132; 2007(II)OLR768
R.N. Biswal, J.1. Both the appeals having arisen out of one judgment, the same were heard together and a common judgment is passed thereon.2. Succinctly stated, the prosecution case is that on 12.3.1990 at about 8.00 A.M. Ranjit Meher (P.W. 11), Ramanath Mehera (P.W. 1), Pitabash Meher (P.W. 10) and about 40 to 50 others had been on a picnic to Sighinika jungle. At about 12.30 P.M. accused Puma Behera, Babru Behera and Sala Behera came to the picnic spot and asked to provide them food. While all the members of the picnic party and the aforesaid three persons were taking their food, Babru Behera started throwing rice at which Ranjit Meher (P.W. 11) rebuked him. Then Sala Behera, Babru Behera and Puma Behera stopped taking food and left the place. After the picnic was over Ranjit Meher (P.W. 11), Pitabash Meher (P.W. 10) and about five to six others returned in a jeep being driven by Narasingh Behera, while the rest returned in cycles. On the way, about 1 K.M. ahead of village Rampur, Na...
Tag this Judgment!Mesco Kalinga Steel Limited Vs. Orissa Industrial Infrastructure Devel ...
Court: Orissa
Decided on: Oct-30-2007
Reported in: 105(2008)CLT149
M.M. Das, J.1. M/s. MESCO Kalinga Steel Limited (in short, 'the MESCO') the Petitioner herein, has approached this Court in the present Writ Petition for a second time, inter alia, challenging the notice dated 4.7.2003 issued by the Opp. Party No. 1-IDCO directing the Petitioner to deposit the balance amount of Rs. 22,84,48, 890.00 and for execution of the lease deed, notice dated 25.7.2003 issued by the IDCO cancelling the deed of delivery and resuming the land back, letter dated 26.9.2003 issued by the IDCO refusing to withdraw the notice of resumption dated 25.7.2003 and the Order Dated 25.2.2004 issued by the IDCO rejecting the Petitioner's representation dated 20.1.2004 pursuant to the order passed by this Court in an earlier Writ Petition.2. For just appreciation of the case, it is necessary to go into the facts of the case, in brief, which are as follows:The Government of Orissa being desirous of utilizing its enormous natural resources and in order to promote industrialization ...
Tag this Judgment!The General Secretary, Petroleum Employees Union (Eastern Branch) Vs. ...
Court: Orissa
Decided on: Oct-29-2007
Reported in: 105(2008)CLT14
1. Heard the parties and the Writ Petition is disposed of in the following manner.Petitioner as General Secretary, Petroleum Union (Eastern Branch) has filed this Writ Petition challenging to the order, Annexure 4 passed by the Government of India in the Ministry of Labour Department. Relevant portion of Annexure-4 reads as follows:I am directed to refer to the Failure of Conciliation Report No. 8(9)/2001 dated 24.5.2001 from the ALC (Bhubaneswar (Orissa)) received in this Ministry on 06/06/2001 on the above mentioned subject and to say that, prima facie, this Ministry does not consider this dispute fit for adjudication for the following reasons:It is seen that none of the workmen involved in the dispute have completed 240 days of service during the proceeding 12 calender month prior to their date of termination'.2. Learned Counsel for the Petitioner with reference to the averments in paragraph-10 in the Writ Petition states that there is no quarrel on the number of days the workmen we...
Tag this Judgment!Keshab Chandra Garanaik S/O. Suresh Chandra Garanaik Vs. State of Oris ...
Court: Orissa
Decided on: Oct-29-2007
Reported in: 105(2008)CLT11
ORDER1. Heard.2. This Writ Petition has been filed with the prayer to issue direction to the Opposite Party members to implement the direction of the State Education Tribunal passed in Appeal No. 11 of 2001 as per the Judgment dated 05.05.2003. In paragraph-7 of that Judgment it has been recorded by the Learned Presiding Officer that:.order of the Director of Secondary Education, Orissa dtd. 18.6.2001 is still pending in the Hon'ble High Court of Orissa for adjudication O.J.C. No. 14086/2001 filed by Shri P.K. Tripathy. Therefore at this stage the order of termination cannot be set aside by this Tribunal for the simple reason that matter of termination of Shri P.K. Tripathy and the Appellant is yet to be decided by Hon'ble High Court. But the admitted position of the law is that service of the Appellant has been utilized by the Respondents. Therefore the Appellant is entitled to receive salary from 1.6.94 to 25.9.2001 from the state Government as per grant-in-aid principle as has been ...
Tag this Judgment!Amir Mohammad and anr. Vs. Saliman Bibi and Six ors.
Court: Orissa
Decided on: Oct-29-2007
Reported in: AIR2008Ori46; 105(2008)CLT304; 2008(I)OLR49
ORDERA.K. Parichha, J.1. This is an appeal challenging the order of learned Additional District Judge, Sonepur in RFA No. 45/45 of 2002-2004 setting aside the ex parte judgment dated 24.08.2002 passed by the learned Civil Judge (Senior Division), Sonepur in T.S. No. 36 of 1999 and remanding the matter to the trial Court for fresh disposal on merit.2. The appellants as plaintiffs filed the above noted suit for declaration of title, confirmation of possession and the alternative recovery of possession and also for permanent injunction against the defendants. The defendant-respondents did not contest that suit and in consequence ex parte judgment and decree was passed. The respondent-defendants challenged that ex parte judgment in the above noted RFA. Learned first appellate Court held that there was sufficient cause for non-appearance of the defendants on the date of hearing. He also held that the suit should be decided on merit and accordingly set aside the ex parte judgment and remande...
Tag this Judgment!Hara Parbati Thakurani and ors. Vs. Commissioner of Endowments and ors ...
Court: Orissa
Decided on: Oct-12-2007
Reported in: 2007(II)OLR801
A.S. Naidu, J.1. The dispute in the present Writ Petition relates to management of Hara Parbati Thakurani situated at Nimchouri, Chandinichowk of Cuttack Town.2. The Commissioner of Endowments, Orissa, opposite party No. 1, by his order dated 24th June, 2006 - Annexure-1, in exercise of powers conferred upon him under Section 7 of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as 'the Act') appointed eleven persons as interim trustees for a period of two years or till formation of a regular non-hereditary trust board under Section 27 of the Act whichever would be earlier. The said order Annexure-1 was passed, as the order itself reflects, in the interest of the Institution. Being aggrieved by the said order the petitioners have approached this Court.3. The grievance of the petitioners is mainly that the order Annexure-1 has been passed without issuing notice or affording an opportunity of hearing to them who are admittedly in the management of the affairs of t...
Tag this Judgment!Smt. SadIn Meher Vs. State of Orissa and 3 ors.
Court: Orissa
Decided on: Oct-12-2007
Reported in: 2007(II)OLR780
A.K. Ganguly, C.J.1. This writ petition has been filed by Smt. Sadin Meher, wife of late Pahilman @ Chittaranjan Meher, praying for an investigation of the case arising out of death of her husband either by the Central Bureau of Investigation or by the Crime Branch. The case which has been made out is that the petitioner's husband was working as a mechanic in Niranjan Motor Garage. On 15.2.2001 the petitioner's husband Chittaranjan did not return from the garage at night and the petitioner thought that he might be busy in his work. Next morning the petitioner with her elder son went to Niranjan Motor Garage to find out what had happened and then came to know from the owner of the garage that her husband had been arrested by the police as he committed theft. On being so informed, the petitioner went to the Police Station, namely, Barapalli Police Station and asked the OIC of the Police Station about her husband, but she did not get any answer. Feeling helpless, she came back to her hous...
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