Court : Orissa
Decided on : Aug-28-2003
Reported in : 2004(I)OLR70
..... including the appellant were arrested who faced their trial for alleged commission of offences under sections 457/398/216-a of indian and penal code besides section 9-b(b) of the indian explosive substances act and section 27 of the indian arms act. the learned trial court found all the accused persons not guilty of the offences under ..... sections 457/395/216-a of ipc and also section 9-b(b) of the indian explosive substance act and section 27 of the indian arms act and acquitted ..... them of the said charges. however, the trial court found the appellant guilty under section 412 ipc and convicted and sentenced him .....
Tag this Judgment!Court : Orissa
Decided on : Jan-06-2003
Reported in : 95(2003)CLT214; [2003(97)FLR989]; (2003)IILLJ262Ori
..... reversed the decision of the learned single judge and held that termination of employment of a casual worker by calcutta telephones was retrenchment within the meaning of section 2(oo) of the act. the supreme court in the state bank of india vrs, shri n. sundara money, reported in air 1976 sc 1111 has overruled similar contention that ..... provision.'even in the decision referred to by mr. patnaik it has been held that a casual workman also comes within the definition of 'workman' in section 2(s) of the act. the division bench of the calcutta high court in tapan kumar jana v. calcutta telephones and ors. (supra) has reversed the decision of the learned ..... of. it has been submitted by mr. bose, learned advocate for the workman that the main writ petition should not be heard unless the management complies with section 17-b of the act. he has relied upon a decision of the supreme court in workmen of hindustan vegetable oils corporation ltd. v. hindustan vegetable oil corporation ltd. and ors .....
Tag this Judgment!Court : Orissa
Decided on : Jan-07-2003
Reported in : 2003(I)OLR488
..... by way of oral protest would meet the requirements of law. the protest could be either oral or writing. the application for reference under section 18 of the act cannot be rejected on the ground that the claimants have not expressed their protest in writing, provided the applications are filed within the period ..... petitioner vide memo. no. 1030 dated 7.5.20013. counsel for the petitioner contends that as the petitioner filed the application for reference under section 18 of the act immediately after receiving the compensation money, that would manifest his intention and, therefore the protest against the award of the collector was implied notwithstanding acceptance ..... orally saying that the price paid for the acquired lands was very low. that apart, the petitioner after receiving the compensation filed an application under section 18 of the act praying to refer the matter to the civil court for enhancement of the compensation. the special land acquisition officer of the project has, however, .....
Tag this Judgment!Court : Orissa
Decided on : Jan-08-2003
Reported in : 2003(I)OLR346
..... ofjustice would be better served if instead of substantive sentenceof imprisonment, a sentence of fine is imposed on the appellants.accordingly, i sentence the appellants under section 332, ipcto pay a fine of rs. 3,000.00 (three thousand) each within amonth hence, in default to undergo rigorous imprisonment fora period of ..... remove the said existing structures.admittedly no proceeding was initiated for removal of such unauthorisedstructures and thus p.w. 1 and other officials of sail acted beyondtheir jurisdiction. it was further submitted that though the appellantshad no title over the land in question, admittedly they weretrespassers and were possessing the land ..... in sub-clause (b) of twelfth clause of section 21 of theindian penal code which states that 'public servant' denotes aperson failing under any of the descriptions and every personin the service or pay of a government company as defined insection 617 of the companies act, 1956 squarely covers theemployees of a government company .....
Tag this Judgment!Court : Orissa
Decided on : Jan-09-2003
Reported in : 2003(I)OLR139
..... date of the order revised, be deemed, for all intents and purposes, to have been validly and effectively passed as if sub- section (2) of section 59 of the principal act as amended by section 2 of the act was in force at all material times and, accordingly, no suit or other legal proceeding shall be instituted, maintained or continued in any ..... has rightly remitted back the matter to the revenue officer for fresh enquiry after taking the evidence and he has the jurisdiction to decide the matter under section 59(2) of the act. he further contended that the finding arrived at by the member, board of revenue is based on documents placed before him at the time of ..... the remedy forum for the state government aggrieved by the order of the revenue officer was available,for challenge by filing an appeal under section 44 (2) of the act, but not under section 59(2) of the act. he further contended that the order of the board of revenue (annexure-2) relates to the finding and decision in respect of .....
Tag this Judgment!Court : Orissa
Decided on : Jan-09-2003
Reported in : 2003(I)OLR363
ORDER1. Heard counsel on all sides.2. In its order dated 6.4.2000, this Court observed :'2. It has been stated in the petition that unfair means are employed in mass scale in LL.B. examination conducted by the said University inasmuch as in the examination halls the examinees are allowed to take Allahabad Law Book series, Central Law Book series and other law books besides answer chits etc. and they use the same in the examination hall in presence of the invigilators. It further appears from the petition that the students whose attendance is virtually nil, they are allowed to appear in the examination. Further the complaint discloses that because of this, the students are looked down upon in the society as general stigma is attached that they are obtaining the Law Degree by employing unfair means in Law examinations.'This Court further observed :'5. It appears that in the State of Orissa law teaching is imparted in the five Universities, namely, Utkal University, Sambalpur University, ...
Tag this Judgment!Court : Orissa
Decided on : Jan-10-2003
Reported in : 95(2003)CLT390
..... ., '15 multiplier', is erroneous and is not applicable to the present case.7. it is well settled that insurer cannot go beyond the defence available to it under section 170 of the act for which it cannot challenge the quantum of compensation as well as the negligence. but at the same time, this court can interfere with the quantum only when the ..... the s.c.b medical college hospital, cuttack, where he ultimately succumbed to the injuries on 2.1.1999. the parents of the deceased filed the application under section 166 of the m. v. act, 1988 claiming a compensation of rs. 3 lakhs.4. the tribunal on an analysis of the oral and documentary evidence came to hold that the death of .....
Tag this Judgment!Court : Orissa
Decided on : Jan-17-2003
Reported in : 2003(I)OLR370
ORDERP.K. Tripathy, J.1. Heard.2. This Civil Revision is taken up out of turn on the request of learned counsel for the petitioner and stands disposed of because of the following reasons.3. Petitioner filed an application under Order 26 Rule 9, C.P.C. for demarcation of the land through the Court Amin and that has been rejected by the learned Court below inter alia, on the ground that the suit has been targetted by the High Court to be disposed of within a time frame. On being asked, Mr. Swain learned counsel for the petitioner states that in Civil Revision No. 3 of 2002 this Court issued a direction for disposal of the suit by the end of January, 2003. He also produces xerox copy of that order for perusal of this Court. It is seen from that order that it is at the instance of the present petitioner that such a target has been fixed.4. Learned counsel for the petitioner referring to and relying on the case of Mahendranath Parida v. Purnananda Parida and Ors., 64 (1987) C.L.T. 722, stat...
Tag this Judgment!Court : Orissa
Decided on : Jan-22-2003
Reported in : 2003(I)OLR344
..... found to be i.d. liquor. on the basis of investigation, 2 (a) cc no. 22 of 1993 was initiated and the petitioner was prosecuted under section 47 (a) of the bihar and orissa excise act.3. to substantiate the case, in course of trial the prosecution examined four witnesses, of whom p.ws. 3 and 4 were the excise staff and ..... .ws. 3 and 4 and the tests said to have been made by the s.i. of excise (p.w.4), found the petitioner guilty under section 457 (a) of the bihar and orissa excise act and sentenced him to undergo s.i. for a period of six months and to pay a fine of rs. 500.00, in default to undergo .....
Tag this Judgment!Court : Orissa
Decided on : Jan-22-2003
Reported in : 2003(I)OLR355
..... .2002 the district magistrate, ganjam passed the order of detention under sub-section (2) of section 3 of the national security act, 1980 directing that the petitioner, who was in jail custody in circle jail, berhampur in connection with the aforesaid cases, be detained in circle jail, berhampur until further orders ..... . nos. 191/2001, 1250/2001, 987/2000 corresponding to b.n.pur p.s. case no. 71 dated 1.12.2001 under section 147/148/307/149, ipc/27 arms act and case no. 238 dtd. 16.10.2000 under section 399/402, ipc respectively and mc no. 388/94 and now you are in jail custody. you are likely to be released ..... b.n. pur p.s. case no. 71 dated 21.3.2001 under sections 147/148/341/332/307/149, ipc/3es act/27 arms act, case no. 314 dated 1.12.2001 under sections 147/148/307/149, ipc/27 arms act and case no. 238 dated 16.10.2000 under sections 399/402, ipc respectively and mc no. 388 of 1994. on 10.6 .....
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