Orissa Court December 2007 Judgments
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Biranchi Kumar Aich Vs. State of Orissa Represented Through the Secret ...
Court: Orissa
Decided on: Dec-19-2007
Reported in: 105(2008)CLT500
I.M. Quddusi, J.1. The Petitioner who was a Judicial Officer being aggrieved by his non-promotion to the rank of Subordinate Judge has filed this Writ Petition praying for a direction to the Opposite Party Nos. 1 and 2 to promote him to the rank of Subordinate Judge with consequential benefits.2. The brief facts of the case are that the Petitioner was appointed as a temporary Munsif and was posted as Additional Munsif in the Judgeship of Balasore vide notification dated 12.9.1975, Thereafter he was appointed substantively in the rank of Munsif with effect from 2.8.1980 vide notification dated 26th of July, 1985. Other Munsifs junior to him were given promotion as Subordinate Judge in the years 1987 and 1988 but he was not promoted. He moved a representation on 5.4.1989 but the same was rejected by the High Court. However, subsequently in the year 1991 he was given promotion to Orissa Judicial Service Class-I. He has prayed for his retrospective promotion with effect from the date his j...
State of Orissa Vs. Dr. Gopal Ch. Hota and anr.
Court: Orissa
Decided on: Dec-19-2007
Reported in: 105(2008)CLT771
I.M. Quddusi, J.1. These are four Writ Petitions filed by the State of Orissa against the impugned Judgment/Order Dated 6.4.1999 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. Nos. 556, 557, 590 and 591 of 1990.2. The Opposite Parties in the instant Writ Petitions (applicants before the Tribunal) had challenged the Orissa Education Service Class-I (Recruitment of College Branch (Amendment) Rules, 1989 and had sought for declaration that the said rules were void and ultra vires the Constitution of India and further for a declaration that the entire period of past services rendered by them under the private management before the takeover of the College be taken into consideration for all purposes.3. The brief facts of the case are that the Opposite Parties joined Khallikote College, Berhampur as Lecturers in different disciplines at different dates sometimes in the years 1960 to 1964. At that time, the institution was a private institution but on 9.3.1971, the same was...
Commissioner, Kendriya Vidyalaya Sangathan and anr. Vs. Biswanath Paul ...
Court: Orissa
Decided on: Dec-19-2007
Reported in: 105(2008)CLT502; 2008(I)OLR358
I.M. Quddusi, J.1. This writ petition has been filed on behalf of the Kendriya Vidyalaya Sangathan through Joint Commissioner (Administration), 18 Industrial Area, Saheed Jet Singh Marg, New Delhi and Assistant Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Pragati Vihar, Mancheswar, Bhubaneswar in the District of Khurda against the judgment and order passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 176 of 2003 setting aside the impugned order dated 2/3.5.2002 as also the appellate order and directing reinstatement of the opposite party No. 1 in service with all consequential service benefits.2. The brief facts of the case are that while the Opp. Party No. 1, Biswanath Paul was working as PGT (Maths), Kendriya Vidyalaya, Lakhapani in the State of Assam, he was served with a memo by the Principal informing him that a written complaint has been received by him from few girl students of Classes VII, VIII and IX and their parents for his misbe...
Hansha Dayalu Vs. Orissa Forest Development Corporation Limited and an ...
Court: Orissa
Decided on: Dec-19-2007
Reported in: 105(2008)CLT386; 2008(I)OLR440
I.M. Quddusi, J.1. By means of this writ petition, the petitioner has prayed for quashing of the order of the Divisional Manager, Orissa Forest Development Corporation Limited, Nowrangpur (C) Division passed on 6.1.1995, Annexure-3 to the writ petition, directing recovery of Rs. 36,541.24 and Rs. 6863/-from the dues of the petitioner and for a direction to the opposite parties to pay the dues of the petitioner including gratuity of Rs. 37,506.70 and duty pay and other dues within a specified period.2. The brief facts of the case are that the petitioner who belongs to Tribal community of Koraput district joined as a mate in the Corporation on 6.4.1964. Thereafter he was transferred to so many places but his last place of posting was Nowrangpur Division wherefrom he retired with effect from 31.12.1993 while working as Sectional Supervisor. But his dues as claimed by him were not paid to him. He moved representation but in vain.3. In the counter affidavit, it has been mentioned that while...
Malia @ Abhimanyu Das Vs. State of Orissa
Court: Orissa
Decided on: Dec-19-2007
Reported in: 105(2008)CLT508; 2008(I)OLR713
1. Order of conviction under Section 302 IPC against the accused in S.T. Case No. 109-A/34 of 1999-2000 is under challenge by the Appellant.2. Appellant Malia @ Abhimanyu Das together with his parents, accused Chandramani Das and Hemalata Das and his elder brother Arun Das were charged for the offence under Sections 364, 302, 404, 201/34 I.P.C. on allegation that on 01.01.1999 at about 7 P.M. Abhimanyu kidnapped the minor girl, Bindu Nahak aged about 14 years from the lawful custody of her mother Parbati Nahak (P.W.5) and that said Bindu Nahak suffered a homicidal death and her dead body was found on 10.01.1999 and her ornaments were misappropriated by the accused persons by sharing common intention.3. According to the case of the prosecution, accused Malia @ Abhimanyu Das aged about 19 years had illicit relationship with Bindu, a girl aged about 14 years. Mother of the Bindu was running a shop and having business transaction as well as social Courtesy extended to the accused persons. ...
Brajasundar Patnaik Vs. Government of Orissa and ors.
Court: Orissa
Decided on: Dec-19-2007
Reported in: 105(2008)CLT490; [2008(117)FLR1140]; 2008(I)OLR384
I.M. Quddusi, J.1. The petitioner, who is a retired Executive Engineer of the Works Department, Government of Orissa, has filed the instant writ petition against the impugned judgment/order dated 14.12.2000 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 288 of 2000 by which the Tribunal dismissed his claim petition in so far as the same related to the prayer of the petitioner before the Tribunal for a direction for payment of gratuity. Rather the Tribunal has directed that the gratuity shall not be paid until the criminal proceeding which is pending against the petitioner is concluded.2. The petitioner was retired on 30.9.1992 i.e. about more than 14 years ago. He had stated before the Tribunal that after about two months of his retirement, a vigilance raid was conducted at his residence consequent upon which the criminal proceeding was initiated on 6.5.19.96. The State Government did not sanction the full pension of the petitioner and he was only sanctioned the ...
Gokulananda Dubey Vs. State of Orissa
Court: Orissa
Decided on: Dec-19-2007
Reported in: 2008CriLJ2386; 2008(I)OLR556
1. Appellant challenges the order of conviction and sentence under Section 302, IPC recorded against him by learned Addl. Sessions Judge, Jharsuguda on 16.03.2000 in Sessions Trial Case No. 79/54 of 1999.2. According to the allegation of the prosecution, on 14.04.1997, appellant committed murder of his wife Fulfuli (hereinafter referred to as the 'deceased'). At about 6.00 P.M., P.W. 5 arrived at the spot in course of a stroll and gathered information about the occurrence from the accused and the neighbours and accordingly lodged the F.I.R., Ext. 9. On receipt of information, P.W. 10, the Investigating Officer undertook the investigation and on completion of the same, submitted charge-sheet. In course of investigation, as deposed by him he has made spot visit, made inquest over the dead body and forwarded the dead body for post-mortem examination. He also seized the blood-stained cement and other incriminating materials from the spot. Such seizures include seizure of the wooden plank (...
Kasinath Sahoo Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: Dec-17-2007
Reported in: 105(2008)CLT440; 2008(I)OLR438
ORDER1. Heard learned counsel for the parties.This Public Interest Litigation was filed in 1994 by one Kasinath Sahoo with a prayer to issue a direction upon the State Government to bring into effect the provisions of the Orissa Hindu Religious Endowments Act, 1969.2. The facts of the case are that Orissa Hindu Religious Endowments Act, 1969 has been enacted after it received the assent of the President of India on 22nd January, 1970 and the same was published in an Extraordinary issue of the Orissa Gazette on 4th February, 1970. Under Sub-section (3) of Section 1 of the said Act it has been provided that it shall come into force on such date as the State Government may, by notification, appoint in that behalf. This PIL has been filed with a prayer that though the said Act has been enacted and assented in 1970, the said Act has not been brought into effect by the State Government by notification in that behalf in terms of Sub-section (3) of Section 1 of the said Act.3. In this matter, ...
Nira Alias Niranjan Jena and anr. Vs. State of Orissa
Court: Orissa
Decided on: Dec-14-2007
Reported in: 2008CriLJ1315
S.C. Parija, J.1. The petitioner has filed this application under Section 482, Cr. P.C. assailing the order dated 19-6-2003 passed by the Asstt. Sessions Judge, Keonjhar, in S.T. No. 57/154/2000, wherein the learned trial Court by invoking its power under Section 311, Cr. P.C. has directed summoning of witnesses to be examined as Court witness.2. The main plea of Sri S. P. Mishra, learned senior counsel appearing for the petitioner is that when the witnesses for both the prosecution and defence had already been examined and the hearing had been closed and the matter had been posted for judgment, it was not open for the trial Court to resort to Section 311, Cr. P.C. for summoning witnesses to be examined as Court witness. It is further plea of the petitioner that such invocation of power under Section 311, Cr. P.C. to summon the remaining witnesses at the time of preparation of the judgment, only after noting certain lacuna in the prosecution case, is improper and illegal, as the Court ...
Sanat @ Chaku Jena and anr. Vs. State of Orissa
Court: Orissa
Decided on: Dec-14-2007
Reported in: 2008(I)OLR224
P.K. Tripathy, J.1. Though this Criminal Appeal has been listed for orders on the bail application, learned Counsel for the appellants consents for hearing and disposal of the Criminal Appeal, which is of the year 1988. Accordingly the appeal is heard, hearing is concluded and the judgment is as follows.2. Both the appellants have been convicted by learned Sessions Judge, Balasore in Sessions Trial No. 89 of 1987. Accused-appellant Pahali Prahallad Jena has been convicted for the offence under Section 304, Second Part of I.P.C. and has been sentenced to undergo rigorous imprisonment for five years and accused-appellant Sanat @ Chaku Jena has been convicted for the offence under Section 304/34, I.P.C. and has been sentenced to undergo rigorous imprisonment for three years. In addition to that, this appellant has also been convicted for the offence under Section 323, I.P.C. and sentenced to undergo rigorous imprisonment for two months with a direction to run both the sentences concurrent...
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