Court : Orissa
Decided on : Jun-17-2003
Reported in : 2003(II)OLR130
P.K. Tripathy, J.1. Petitioners, who are employees under the Orissa State Co-operative Oil Seeds Growers' Federation Ltd. (in short 'the Federation'), have filed this writ application under Articles 226 and 227 of the Constitution of India with the prayer to issue appropriate writ by directing the opposite parties to not to implement the option for voluntary retirement made by the petitioners in view of withdrawal of the said option by the petitioners (on different dates as per the Annexure-3 series) on the ground that they went to continue in service and because by then the authority had not accepted their option for voluntary retirement and therefore Clause 3. 2 of the Circular (Annexure-2) is not applicable to them.2. It is not in dispute between the parties that petitioners are working as Field Superintendents in the Federation. It is also not in dispute that in view of the decision of the Government. Annexure-1 and the Circular of the Federation, Annexure-2, all the petitioners in...
Tag this Judgment!Court : Orissa
Decided on : Jun-17-2003
Reported in : 96(2003)CLT139
..... aforesaid legal position, this court cannot go into that aspect involved in the case inasmuch as petitioner has challenged to the order passed by a revisional court exercising jurisdiction under section 115 of the code, learned counsel for the petitioner has submitted a note of submission and also argued regarding maintainability of the revision with advancement of the contention that the ..... the civil revision comes to the forefront on the ground that whether the order of a revisional court can be interfered by this court in exercise of the jurisdiction under section 115 pf the code. in that context authorities are many but it is sufficient if reference is made to the case of usharani rout and anr. v. surendra pradhan @ rout .....
Tag this Judgment!Court : Orissa
Decided on : May-16-2003
Reported in : 2003(II)OLR35
..... petitioner joined as the l.a.o. on 24.7.1968 and the award had been passed by his predecessor on 13.5.1968 under section 11 of the l. a. act.section 12 of the l. a. act provides -'12. award of collector when to be final - (1) such award shall be filed in the collector's office and shall, except as ..... that object.'14. here, prima facie there is nothing to indicate that there was any agreement between the petitioner and others to do one or other of the acts described in the aforesaid section. the essence of criminal conspiracy, as the definition shows, is that there must be an agreement between two or more persons to do one or the other of ..... of the case, it appears that soumendra nandan das mohapatra received the awarded amount on 15.10.1968. it is further revealed that on a reference made under section 18 of the l. a. act, the learned sub-judge, cuttack, enhanced the valuation fixed by the land acquisition officer, which was ultimately challenged by the state govt. in this court and .....
Tag this Judgment!Court : Orissa
Decided on : May-16-2003
Reported in : 2005ACJ1716
..... respect of such liability. in such a case, it could not be said that the liability was confined only to the extent of the liability under the workmen's compensation act. [see gujarat mineral development corporation v. varjubhai lallubhai bhil, 1979 acj 186 (gujarat)].6. on perusal of exh. 1, the photostat copy of the insurance policy, i find that ..... that where compensation is claimed by the injured person against the owner of a vehicle on the basis of the negligent act of the driver during the course of his employment, the law which applies is the common law. if an award is passed in such a proceeding, it is to ..... grounds taken in this appeal memo saying that as the injured was a coolie, the liability should be limited only to the extent of the liability under workmen's compensation act. this question cannot be raised at this stage as there is no pleading to that effect. that apart, this question is no more res integra, because law is settled .....
Tag this Judgment!Court : Orissa
Decided on : May-14-2003
Reported in : 2003(II)OLR57
..... institutions which have received grant-in-aid from government or in respect of which grant- in-aid has been sanctioned by government prior to the commencement of the amendment act.(ii) other posts in non-government educational institutions covered under category (i) which were admissible on the basis of work load and prevalent yardstick and had been ..... filled up prior to commencement of the amendment act, but in respect of which no grant-in-aid had been sanctioned.'it is submitted that sub-rule (b) (i) (a) of rule 4 of the aforesaid ..... no grant-in-aid had been sanctioned prior to commencement of the amendment act if such post was admissible as per work-load and yardstick prevalent prior to commencement of the amendment act, it must be filled up according to the provisions of the preamending act.6. on a careful reading of the provisions it appears to us that .....
Tag this Judgment!Court : Orissa
Decided on : May-14-2003
Reported in : 2003(II)OLR227
B. Panigrahi, J.1. All these writ petitions involved common question of facts and law. Therefore, they are heard together and disposed of by this common judgment.2. All the petitioners have passed M.B.B.S. Examination in the year 1999 from the S.C.B. Medical College and Hospital, Cuttack, V.S.S. Medical College and Hospital, Burla and M.K.C.G. Medical College and Hospital, Berhampur. They are eligible to be admitted in the Post Graduate Course and accordingly, pursuant to the prospectus issued by the Government of Orissa in Health and Family Welfare Department for admission into P.G. Medical Course, 2002 in all the three Medical Colleges of the State, they submitted necessary applications and were found eligible to face written test. The results of the written test have been published and the petitioners' names find place in the merit list of direct candidates. The merit list, which was published in the News Paper in the month of October, 2002 lias been filed as Annexure-1. After they ...
Tag this Judgment!Court : Orissa
Decided on : May-14-2003
Reported in : 2003(II)OLR128
B. Panigrahi, J.1. This Letters Patent appeal is directed against the judgment passed by the learned Single Judge of this Court in Misc. Appeal No. 149 of 1998 dismissing the appeal filed by the Insurance Company on 9.3.2000.2. The respondent Nos. 1 to 6 as the legal heirs of the deceased Jagnyanarayan Samantara filed M.A.C, Case No. 505/ 96 (938/96) before the learned M.A.C.T., Berhampur for awarding compensation on account of the death of Jagnyanarayan Samantara. Respondent Nos. 1 and 2 are the parents whereas respondent Nos. 3 to 6 are the wife and children of the deceased. The M.A.C.T. on thorough scrutiny of the evidence placed before it. passed an award for Rs. 3,32,000/- along with interest at the rate of 9% from the date of application till payment i.e. 28.2.1996.3. The Insurance Company being aggrieved by the award passed by the Tribunal challenged it before the learned Single Judge of this Court in M.A. No. 149 of 1998 and the appeal did not yield any other result except affi...
Tag this Judgment!Court : Orissa
Decided on : May-12-2003
Reported in : 2003(II)OLR73
..... to the conclusion that :'therefore, we are of the firm opinion on a harmonious construction of rule 105 of the code and the provisions of section 26(6) of the indian electricity act that the licensee is not empowered to impose penalty beyond six months inasmuch as legislature did not permit them to realise any amount for unauthorised ..... which is said to have been effective from 10th january, 2001 cannot take away the statutory right available to either party under section 26(6) of the indian electricity act. the provisions of the said act enshrines the electrical inspector to handle such complaint. in such event the petitioners are not bound to resort to the provisions of ..... in short). in this regard it would be worthwhile to look into the relevant provisions made in section 26(6) of the indian electricity act, 1910 as well as clause 105 (2) of the supply code.section 26(6) of the i.e.act, 1910 provides -'where any difference or dispute arises as to whether any meter referred to in .....
Tag this Judgment!Court : Orissa
Decided on : May-09-2003
Reported in : 2003(2)ALT(Cri)19; 2003(II)OLR28
..... a gazetted officer and that the appellant expressed his willingness to be searched in presence of a gazetted officer. this witness is completely silent about the compliance of section 50 of the act. p.w. 5 is the gazetted officer in whose presence search and seizure was made. though in his evidence he has stated that in response to offer ..... in order to prove compliance of section 42 of the act.7. the apex court in the case of 'beckodan abdul rahiman v. state of kerala reported in 2002 air scw 1780' has held as follows :'keeping in ..... information about involvement of the appellant in pending drugs, it is difficult to accept the submission of the learned counsel for the state that there was compliance of section 42 of the act. it was the duty of the prosecution to state the date and time of receipt of information as well as the date of information given to the superior .....
Tag this Judgment!Court : Orissa
Decided on : May-02-2003
Reported in : 2003(II)OLR47
..... ultimately on 10.5.1997, the incident was reported at angul police station. the case was investigated into and charge sheet was submitted for commission of offence under section 376 of the penal code and the petitioner faced the trial. the plea of the petitioner is one of complete denial of the occurrence. the further plea ..... am, therefore, unable to accept the statement of the prosecutrix that though she was sexually assaulted by the petitioner forcibly at that age and it was a complete act of sexual intercourse, she did not sustain any injury at all on her private parts. therefore, the first contention of the learned counsel appearing for the petitioner appears ..... from her side and the same having been accepted by the courts below, it should have been held that the prosecutrix was a consenting party to the act alleged. the learned counsel also submitted that the evidence of the prosecutrix is not corroborated by any other evidence and the so called extra judicial confession before p .....
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