Orissa Court July 2009 Judgments

Premalata Singh Vs. State of Orissa and ors.

Court: Orissa

Reported in: 2009(II)OLR483

ORDER1. Mother is one who gives birth to and nurtures the newborn. We call her mother because of her mothering and creative qualities. All created beings are inter-dependent and sustain one another with their actions. The whole creation is kept in motion when a harmonious relationship between one another is maintained. Social order is preserved through selfless and constant action. But here is a mother who has knocked the doors of justice for her sustenance.2. By means of this petition one Premalata Singh, a seventy years lady, has made allegation against the Inspector-in-charge of Mangalabag Police Station for not taking any action on the complaint lodged by her against her son, daughter-in-law and grandson, who are not providing any food to her and have assaulted her.3. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act') was enacted to provide for more effective provisions for the maintenance and welfare of parents and senior ci...

Goli Laxminarayan Vs. Yeleti Veerbhadra Rao and anr.

Court: Orissa

Reported in: 108(2009)CLT256

Indrajit Mahanty, J.1. W.P.(C). No. 14954 ot 2005 is connected with W.P.(C) Nos. 15692 & 12631 of 2005. The aforesaid three writ applications arise out of orders passed in two connected suits, namely, T.S. No. 1 of 1994 & T.S. No. 19 of 2001 in the Court of Civil Judge (Sr. Division), Rayagada, and are taken up together for disposal.From the pleadings of the parties, it appears that one Smt. Pasala Venkayamma, executed an agreement far sale in respect of Plot Nos.279/ 332/1 in Khata No. 52/3, Plot No. 279/332/2 and Plot No. 279/331 in Khata No. 25 in village Barijolla in Rayagada for Rs. 1,30,000 in favour of the Petitioner-Goli Laxminarayan. It is further averred that on the date of agreement, the Petitioner-Goli Laxminarayan paid a sum of Rs.1,20,000 & agreed to pay Rs. 10,000 at the time of sale deed. It is further averred that on the date of agreement i.e. 2.10.1990, possession of the plots under the agreement of sale was handed over to the Petitioner & the Petitioner claims that t...

Jadaba Dehury @ Dehery Vs. State of Orissa

Court: Orissa

Reported in: 2009(II)OLR466

Indrajit Mahanty, J. 1. In the present appeal, the appellant Jadaba Dehury has sought to challenge the judgment dated 7.2.1992 passed by the learned Sessions Judge, Bolangir in G.R. Case No. 476 of 1991 (Sessions Case No. 68 of 1991) convicting him under Section 20(a)(i) of the N.D.P.S. Act, 1985 and sentencing him to undergo R.I. for a period of one year.2. From the facts of this case, it appears that the Officer-in-charge of the local Police Station seized two Ganja Plants from the vegetable garden of the appellant on 27.7.1991 and since the appellant had no authority to cultivate ganja, the appellant was charge-sheeted under Section 20(a)(i) of the N.D.P.S. Act, 1985. The prosecution examined three witnesses and while P.W.2 was the Revenue Inspector in whose presence the seizure was effected. P.W.3 was the Police Officer who detected the case and P.W.1 was stated to be an independent local witness to the seizure.3. The Defence plea was one of the complete denial.4. It is stated by t...

Sri Siddha Math Rep. by Monanta Satya Narayan Ramanuj Das and 2 ors. V ...

Court: Orissa

Reported in: 108(2009)CLT508

M.M. Das, J.1. The Petitioners are aggrieved by the Order Dated 30.11.1992 of the Tahasildar, Puri passed in O.E.A. Claim Case No. 68 of 1990, which has been annexed as Annexure-5 to the Writ Petition.2. The moot question that arises to be determined in this Writ Petition has been dealt with by this Court as well as the Apex Court from various angles in different cases, which would be referred subsequently in this Judgment. The Petitioner No. 1 is a public religious Math governed under the Orissa HindurReligious Endowments Act, 1951, Petitioner No. 2 is the Mahanta in Succession, of the Petitioner No. 1 - Math. The lands in dispute are LAKRRAJ BAHEL lands recorded in the status of Amrutmonohi. The properties were declared as trust estate by the Subordinate Judge, Puri, who was the Estate Abolition Tribunal in E.A.A. Case Nos. 50 of 1963 & 1013 of 1965 by Order Dated 18.10.1965 (Annexure-2). After vesting of the trust estate, pursuant to the notification issued under the provisions of t...

Purna Chandra Senapaty Vs. Orissa Forest Development Corporation Ltd. ...

Court: Orissa

Reported in: 108(2009)CLT264

S.C. Parija, J.1. This Writ Petition has been filed challenging the continuance of three different disciplinary proceedings against the Petitioner after his retirement from service.2. The Petitioner joined as Sub-Divisional Manager in the erstwhile Orissa Forest Corporation in the year 1967. With the formation of Orissa Forest Development Corporation (OFDC for short), the Petitioner continued in the service of the Corporation and was promoted to the post of Deputy Divisional Manager in the year 1979 and subsequently promoted to the post of Divisional Manager in the year 1991. The Petitioner retired from service of OFDC, on attaining the age of superannuation, on 31.12.2001.3. The case of the Petitioner is that while continuing in service as Divisional Manager, Jajpur Road, under OFDC, a disciplinary proceeding was drawn up against him vide office Order Dated 21.09.1996 for causing financial loss to the Corporation amounting to Rs. 53,568, which was paid to six employees of OFDC towards...

Anup Kumar Panda Vs. Board of Secondary Education and ors.

Court: Orissa

Reported in: 108(2009)CLT267

S.C. Parija, J.1. The Petitioner while working as Operator (Field) in Balasore LPG Bottling, plant under Indian Oil Corporation Ltd, was issued with a charge-sheet dated 23.08.2006 (Annexure-14) for giving false information regarding his age at the time of his employment and thereby committing fraud and forgery. The allegations in the charge-sheet reads as under:I. That at the time of the interview for the post of Jr. Operator (Field) on 12.04.95 at Hotel Torento, Januganj, Balasore, you have submitted a false date of birth in the declaration form (Form PA(S) 053) indicating your date of birth as 23.04.1975 with a malafide intention to be eligible for the post of Jr. Operator (Field).II. That upon your preliminary selection, when you were called upon to submit the true copies of your School Leaving Certificate as proof of your age vide our Appointment Letter No. P&A;/1121/ER dated 16.6.1995, you did not submit the copy of the School Leaving Certificate even through you had taken the sa...

Raghunath Mahakud Vs. the Presiding Officer, Labour Court and ors.

Court: Orissa

Reported in: 108(2009)CLT271

S.C. Parija, J.1. The workman has filed this writ application challenging the award dated 24.07.1993 passed by the Labour Court, Bhubaneswar, in I.D. Case No. 73 of 1990, holding the compulsory retirement of the workman by the State Government in the Transport Department to be legal and justified and that the workman is not entitled to any relief.2. The Petitioner-workman being aggrieved by the order of State Government in the Transport Department dated the 16/17.12.1982 directing his compulsory retirement from service on attaining the age of 50 years, raised industrial dispute, which was taken up for conciliation & the same having ended in failure, the State Government in the Labour & Employment Department referred the dispute to the Labour Court, Bhubaneswar, for adjudication. The terms of the dispute were as follows:Whetherthe action of the Commerce andTransport (Transport) Department/Management of O.S.R.T.C, Bhadrak in prematurely retiring Sri Raghunath Mahakud, Conductor, O.S.R.T....

State of Orissa and Etc. Vs. Chikala Raghupati and ors.

Court: Orissa

Reported in: 2009CriLJ4388

A.S. Naidu, J.1. The facts and point of law in the appeal as well as in the revision being same and as in both the cases the judgment and the order of conviction passed by learned Sessions Judge, Ganjam-Gajapati, Berhampur in S. C. No. 82/1995 is assailed, the same were heard together and are disposed of by this common judgment.2. Seven accused persons faced trial for alleged commission of offences under Sections 148/302/149 of I. P. C. on the allegation that they had committed rioting and murder of M. Damayanti in furtherance of their common object.3. Shorn of unnecessary details, the prosecution case in short is as follows:M. Ramudu (P. W. 1), the informant, and the seven accused persons belong to village Jayantipur in Jarada Police Station. M. Damayanti, the wife of the informant, and her two sisters namely, L. Dilliamma (P. W. 2) and G. Mahalaxmi (P. W. 4) on 28th May, 1994 went to take their bath in the village pond commonly known as 'Jabu Bandha'. M. Damayanti went inside the wat...

The State of Orissa and ors. Vs. Balaram Das.

Court: Orissa

1. This appeal has been filed against the judgment and decree dated 18.8.1998 and 31.8.1998 respectively. The State and its authorities, who were defendants in Money Suit No. 384 of 1974, are the appellants. The plaintiff-respondent filed the suit for recovery of a sum of Rs. 4, 20,478.74 paise. It was the case of the plaintiff-respondent that as desired by the appellant no.4- Executive Engineer, Public Health Circle, Cuttack, he submitted quotation for the contract work with regard to sheet piling work of Cuttack Sewerage scheme. He also submitted quotation for labour charges on 10.8.1962 and 1.11.1962 respectively. Thereafter, there were various correspondences between the plaintiff- respondent and the appellant no.4. By letter dated 2.3.1963, the appellant no. 4 intimated the plaintiff-respondent to start the contract work immediately and the plaintiff-respondent started execution of the said work after executing an agreement in K-2 Form. The work executed by the plaintiff-responden...

Dandapani Nahak Vs. State

Court: Orissa

Reported in: 2009(II)OLR487

B.P. Das, J.1. This Criminal Appeal is directed against the judgment and order dated 13th May, 1993 passed by the 2nd Additional Sessions Judge, Berhampur, in S.C. No. 29/92 (S.C. No. 28/92-GDC) convicting the accused-appellant under Sections 302 & 307, IPC and sentencing him to undergo imprisonment for life and rigorous imprisonment for three years respectively and directing the sentences to run concurrently.2. By judgment dated 2.8.1995 a collateral Bench of this Court allowed this appeal in part by setting aside the conviction and sentence of the accused-appellant under Section 302, IPC and maintaining the conviction and sentence of the appellant under Section 307, IPC. The said judgment of this Court was challenged before the apex Court in Criminal Appeal No. 1236/2003 (SLP (Crl) No. 4239/2003). the apex Court by its order dated 24.9.2003 remitted the matter to this Court for fresh adjudication. The relevant portion of the said order is quoted herein below..Strangely, while conside...