Court : Orissa
Reported in : 2001(I)OLR134
L. Mohapatra, J.1. The petitioner who alleges to have been sexually harassed and misbehaved by the Co-ordinator of Centre for Development Research & Training (for short, 'CENDERET') of Xavier Institute of Management (for short, 'the Institute'), Bhubaneswar, has prayed for the following directions :(a) Direction to the State Government to provide adequate security/ protection from harassment caused to the petitioner by the Co-ordinator and also by the Director.(b) Enquire into the matter of sexual harassment and misbehaviour to the petitioner and other lady employees in the Institute by an independent agency under the direct supervision of this Court.(c) Enquire into the matter and take appropriate action against the Director of the Institute for making the complaint of the petitioner public, causin-g more harassment and violating her decency and dignity in the public.(d) To enquire into the matter as to how the Director sent a semi- nude photograph along with the petitioner's photogra...
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT187; 1994(I)OLR285
L. Rath, J.1. An order passed by the learned Subdivisional Judicial Magistrate, Bhubaneswar recalling the process issued against the opposite party on a complaint Under Section 500 read with Section 34, IPC brought by the petitioner arraigning the opposite party as accused No, 3 is assailed in the present petition. The bare facts are that the complaint was filed alleging commission of offence by Shri Pritish Nandy, the Editor and Publisher of the Illustrated Weekly of India and Dr. Claude Alvares as also the present opposite party alleging that the petitioner was a Cabinet Minister of the Government of India since 23-4- 1989 and was Minister of Environment and Forest til! 2-4-1990. Two issues of the Illustrated Weekly of India were published for the period July 29-August 4, 1990 and August 26-September 1, 1990 respectively containing articles captioned,'A Hallow Mockery'' and 'The Real issues, Both the articles contained defamatory imputations and aspersions against the petitioner. The...
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR323
K.C. Jagadeb Roy, J.1. These appellants have appealed against the order of conviction and sentence passed by the Assistant Sessions Judge, Jeypore in Sessions Case No. 15 of 1986 dated 24-2-1987. Each of the appellants was sentenced to undergo R.I. for 10 years Under Section 376 IPC, 5 years Under Section 366 IPC and one year Under Section 506 IPC with a direction that all the sentences are to run concurrently.2. The facts of the prosecution case in short are as follows :On 25-2-1986 the prosecutrix Zarina Bagh had been to Footpad to attend the religious congregation of persons espousing Christianity. In the evening she along with one Bibilina Bagh came to the house of one Adam to get some gruel. While they were returning from the house of Adam to the place of their stay by the hospital road, the present appellants met them on the way and asked them from where they had come. The time then was 8. 30 p. m. in the evening. Raman, the present appellant No. 1 tried to drag Zarina to a place...
Tag this Judgment!Court : Orissa
Reported in : 75(1993)CLT515; 1993(I)OLR116
R.K. Patra, J.1. The appellant contending the he has been found guilty Under Section 304-B of the Indian Penal Code (in brief 1PC) and Section 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as 'the Act') not upon proof but upon suspicion and supposition seeks to set at naught his conviction recorded by the trial Judge.2. The story ;The appellant had married the deceased Minati on 20-6-1986. There was demand of dowry in the shape of cash of Rs. 2000/- and one cot (Palanka) by the appellant and his sister-in-law (who was arrayed as co-accused but acquitted by the trial Judge) from the father of the deceased Minati which was not acceded to in full. A sum of Rs. 1500/- was only paid and the balance cash and the cot were promised to be given at later stage. As the father of the deceased failed to keep up the promise Minati was assaulted and was subjected to ill-treatment in the appellant's house. When the assault and ill-treatment reached its peak to the point of intoleration...
Tag this Judgment!Court : Orissa
Reported in : 2002(I)OLR449
B. Panigrahi, J.1. This revisional application filed by the defendant is directed against an order passed by the learned Civil Judge, Senior Division. Bhubaneswar in Title Suit No. 793 of 1999 dated 8.5.2001 dismissing the petitioner's prayer to take up first the preliminary issue of maintainability of the suit.2. The factual matrix leading to this revisional application is as follows :The plaintiff-opp. party No. 1 filed Title Suit No. 793 of 1999 in the Court of CivilJudge, Senior Division, Bhubaneswar with a prayer for a declaration that the order of the Government of Orissa regarding the approval of defendants Nos. 4 to 14 as the teaching and non-teaching staff of Santilata Mahavidyalaya in the district of Balasore is illegal, invalid and not binding on him. The plaintiff, inter alia, claimed to have been appointed as a Lecturer in Education in Santilata Mahavidyalaya ever since 1st December, 1981 vide Governing Body Resolution dated 25.11.1981. In course of his employment he was a...
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ1000; 1993(I)OLR141
A. Pasayat, J.1. The factual matrix of this appeal is a sordid and obnoxious incident, where the accused, a Headmaster had allegedly gratified his animated passions and sexual pleasure by sexually assaulting and molesting in utter disregard of universal moral code, human dignity a young, frail student aged about 10 years and has thereby besmirched the most respected relationship of a teacher with his pupil. As observed by the Supreme Court in Madan Gopal Kakkad v. Naral Dubey and Anr.. 1992 (2) Crimes 168 such offenders are menace to the civilised society.2. We do not propose to mention the name of the victim. Section 228-A of the Indian Penal Code, 1860 (in short, the IPC) makes disclosure of identity of victim of certain offence punishable. Printing or publishing name of any matter which may make known the identity of any person against whom an offence Under Sections 376, 376-A, 376-B, 376-C or 376-D is alleged or found to have been committed can be punished. True it is, the restrict...
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR361
P.C. Naik, J.1. This order shall also govern the disposal of OJC. No. 827/92 (Smt. Kamala Saha v. State of Orissa) OJC No. 1359/92 (Ganouri Prasad v. State of Orissa) and OJC No. 1361/92 (Lalan Prasad Gupta v. State of Orissa). The petitioner has filed this petition for quashing the fixation of the Minimum Guaranteed Quantity (in short, 'M. G. Q') in respect of his liquor shops and also prays for issuance of an appropriate writ, direction or order, quashing the notice of demand dated 9-12-1991 (Aunexure-3 to the petition) whereby the petitioner is required to pay a sum of Rs. 1,80,150/- towards the duty, on shortfall in lift the M.G.Q.2. The facts giving rise to the petition are hereafter stated :The petitioner is an Excise Contractor. For the year 1991-92 (1-4-1991 to 31-3-1992) tenders were invited by the Collector, Kalahandi for granting exclusive privilege in respect of country spirit in the District of Kalahandi. The petitioner and others participated in the auction-cum-tender. As...
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori141; 40(1974)CLT301
Patra, J.1. Petitioner No. 1 is Shri Balunkeswar Mahesh, a deity, the management of whose temple is, by an order issued by the Commissioner of Orissa Hindu Religious Endowments, vested in petitioner No. 2. Lands measuring 100.55 acres pertaining to Khewat No. 2 and Khata No. 14 in mouza Hatia Tangara and more fully described in para. 3 of the writ petition belong to petitioner No. 1 who has been recorded as a Malguzar in respect of those properties in the current settlement record-of-Rights. In exercise of the powers conferred by Section 13 (k) (b) and Sub-section (1) of Section 3 of the Orissa Estates Abolition Act, 1951 (hereinafter, referred to as the Act), the State, by issuing Notification No. S.R.O. 22/70 dated 3rd January, 1970 (Annexure 4) declared that the trust estate of Hatia Tangara of the deity Shri Balunkeswar Mahesh in the district of Keonjhar has passed to and become vested in the State free from all encumbrances. The petitioners have filed this application for quashing...
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT218; 1993CriLJ3604; 1993(I)OLR545
B.L. Hansaria, C.J.1. The important point for determination in this case is whether previous sanction is necessary for prosecution of an M. L. A under the Prevention of Corruption Act, 1988 (herein- after 'the Act'). As this question is being examined by this Court (may be, by any High Court) for the first time after the Act had come into force, in which the definition of 'public servant'' as given in Section 2(c) of the Act is different from and wider than that given in Section 21 of the Indian Penal Code, which had come up for consideration by a Constitution Bench in R. S. Nayak v. A. R. Antulay, : 1984CriLJ613 , in which it was held that an M. L. A. is not a public servant, detailed consideration of the matter is called for. In the background of very elaborate and well studied arguments advanced by Shri Rath in support of the petitioner's stand for whom he has appeared that such a sanction is necessary, which with ability has been controverted by Shri S. K. Das, learned Government A...
Tag this Judgment!Court : Orissa
Reported in : 1995(I)OLR67
V.A. Mohta, C.J.1. The petitioner imported into the State of Orissa India-Made Foreign Liquor and stored it in the licensed bonded warehouse from where liquor is released for sale. While liquor was stored in the warehouse, a portion of the imported stock became sediment and therefore, unfit for human consumption. The said stock was destroyed. A notice was issued to him for payment of countervailing duty on the said stock to the tune of Rs. 10,02,182.00. Validity of the said demand is questioned in this petition. According to the petitioner, the quantity of liquor lost in the bonded warehouse and which cannot be issued for sale therefrom cannot be subjected to countervailing duty under the Bihar and Orissa Excise Act, 1915 (the Act) in view of Section 28 thereof.2. In support of the contention, the petitioner relied upon a Division Bench decision of this Court in the case of P.D. Jain v. State of Orissa (OJC No. 2241 of 1988,disposed of on 11-5-1992), which was followed in the case of M...
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