Court : Orissa
Reported in : (1994)78CALLT357; 1994(I)OLR439
L. Rath, J.1. The petitioners except petitioner Nos. 3 and 6 are non-Government Primary School teachers who were retired prior to 1-9-1988 are before this Court seeking protection of safeguarding the rights of their survivors after their deaths to family pension as has been made allowable to such teachers who retired after 1-9-1988 or would so retire. Family pension is payable under Chapter VIII of the Orissa Pension Rules, 1977. The provisions were made applicable to the non- Government fully aided primary school teachers by amendment of the Orissa Aided Educational Institutions (Non-Government Fully Aided Primary School Teachers) Retirement Benefit (Amendment) Rules, 1989 providing that an employee shall be eligible for pension, gratuity or death-o/n-retirement gratuity at the rate admissible to his counterpart in the State Government service and in the event of his death, his family shall be eligible for family pension as admissible to the family of his counterpart in the State Gove...
Tag this Judgment!Court : Orissa
Reported in : 1997(2)ALT(Cri)21; 84(1997)CLT514; 1997(II)OLR49
P.K. Misra, J.1. The appellant has been convicted Under Sections 376 and 392, Indian Penal Code, and sentenced to undergo R.I. for 8 years and R.I. For 2 years respectively and to pay a fine of Rs. 5OO/-, in default, to undergo R.I. for one month on each count, with a direction that the substantive sentences shall run concurrently, by the Assistant Sessions Judge, Mayurbhanj at Baripada, in S.T. No. 11/130 of 1993.2. The victim was a minor girl aged about 10 years at the time of occurrence. She had gone to Shiva Ratri Mela accompanied by her maternal uncle, maternal aunts and others. While her other relations had gone to the temple for the purpose of worship, she was watching 'Pala' alone. After evening, the accused who was known to the victim came there and asked her to accompany him so bring 'Prasad'. On the way, the accused met the parents of the victim and told them that he was taking the victim to bring 'Prasad' which he had brought from Bhubaneswar. On the way, the accused took t...
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR105
..... of the appellate court was challenged before the division bench. the division bench held that imposition of such condition was contrary to the intention of sec. 176 of the contract act and modified the decree by deleting the conditions imposed. it was observed in course of the judgment as follows :'...... the pawnee is bound to return the jewels as soon as ..... the part of the trial court. there is no doubt that the property had been pledged with the bank. keeping in view the provisions of sec. 176 of the contract act, there is no doubt that the bank had right to sue on the basis of the loan and keep the pledged articles as security or to sell the pledged articles .....
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR573
..... explanation on the contrary means that the provisions regarding the maximum period of probation of three years is directory and not mandatory unlike in dharm singh's case : (air 1968 sc 1210) and that a probationer is not in fact confirmed till an order of confirmation is made.'thus, samsher singh's case while it accepted dharam singh's ..... held to be invalid inasmuch as the officer must be deemed to have been confirmed.8. the decision of the constitution bench in state of punjab v. dharam singh : (air 1968 sc 1210) was accepted by the seven judge bench in samsher singh v. state of punjab : (1974) 2 scc 83) : (air 1974 sc 2192). however, it was ..... beyond which it is not permissible to extend probation. question as to its effect arose before the constitution bench in state of punjab v. dharmam singh : (1968) 3 scr i : (air 1968 sc 1210). the relevant rule there provided initially for one year probation and then for extension thereof subject to a maximum of three years. the petitioner in that .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR228
..... only used to corroborate or contradict the maker of it, but the omissions of important facts affecting the probabilities of the case are relevant under section 11 of the evidence act in judging veracity of the prosecution case. f.w.7 who was a tenant of the deceased can be said to be an interested witness. had she seen appellant no .....
Tag this Judgment!Court : Orissa
Reported in : 98(2004)CLT313; 2004(I)OLR673
..... the petitioner-schools will be considered as soon as they fulfil other conditions as to the appointment of qualified teachers. the aims and objects of the above act and rules are to maintain the academic standard and quality of teachings are concerned. thus, the opposite parties have rightly decided not to grant permanent recognition ..... 6. from a bare reading of the above provisions, it is crystal clear that there is no inconsistency between the 1991 rules and the orissa education (amendment) act, 1994 with regard to staffing pattern. while considering the application for permanent recognition, the 1991 rules were in force. therefore, there is nothing wrong in the ..... a) to (f) : ***(g) qualified teachers and non-teaching employees selected in accordance with the prescribed procedure as per the prescribed yardstick have been appointed;'this act came into force on 4.7.1994. before that, the 1991 rules were governing the field. rule 15 thereof provided for grant of recognition and rule 15(2) .....
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR694
..... of the aforesaid proviso, i set aside the order and remand the matter back to collector for reconsideration of the matter taking into consideration the provisions of the essential commodities act as well as the decision referred to above and take a decision within a period of 15 days from the date of receipt of this order.4. urgent certified copy ..... of the collector, angul in the shape of demand draft which will be released/confiscated as per analysis report. second proviso to section 6(a)(1) of the essential commodities act, 1955 provides that in the case of any vehicle used for the carriage of goods for hire, the owner of such vehicle shall be given an option to pay, in ..... state.2. the order dated 9.3.2005 passed by the collector, angul in confiscation proceeding no. 4 of 2005 initiated under section 6(a)(2) of the essential commodities act, 1955 is under challenge.3. as it appears from the record that the vehicle in question was carrying kerosene in the fuel tank which is said to be used as .....
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR40
..... of lpg at jajpur town by the hindustan petroleum corporation limited (in short 'hpc ltd.'). he has applied for grant of licence for possession of cylinder under the indian explosives act, 1884 and the same was obtained and also purchased a land and made huge investment by taking land from different sources. after receiving the letter of appointment from the regional .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR22
..... with bada bazar p.s. case no. 170 dated 25.8.2006 under sections 147/148/294/223/506/149, ipc/3(i)(x) s.c. & s.t. (p.a.) act and the court of the learned district judge has called for submission of up-to-date cds. but there is no recital in the grounds of detention that the detaining ..... .2006 in bada bazar ps case no. 170 dt. 25.08.2006 under sections 147/148/294/223/506/149, ipc/3(i)(x) s.c./s.t. (p.a.) act. you have applied for bail before the hon'ble court of district judge, berhampur. the hon'ble court has called for submission of up to date cds as per the .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT749
..... persons or from their purchasers. therefore, plaintiff constituted it to be a suit for partition not under the common law of the parties but under section 4 of the partition act. it may be noted here that the aforesaid is the inference of the court because of deficiency in the pleading in that respect. defendant no. 1 filed written statement inter ..... the suit plots. he decided issue nos. 4 and 5 jointly and held that defendant no. 6 is not entitled to claim for preemption under ' section 4 of the partition act. in deciding issue nos. 1 and 6 jointly, the trial court field that the suit was maintaihable and the plaintiff is entitled to carve out 19 depimals 8 links (kadi ..... the effect of the decree passed in title suit no. 11 of 1978?4. is defendant no. 6 entitled to claim for pre-emption under section 4 of the partition act (for that purpose the family genealogy be ascertained)?5. is there any difference in the extent of land and area recorded in c.s. khatian with respect to plot no .....
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