Court : Orissa
Decided on : Aug-16-1996
Reported in : 1996(II)OLR420
A. Pasayat, J.1. Legality of conviction for commission of offences punishable under Section 5(1)(c) read with Section 5 (2) of the Prevention of Corruption Act, 1947 (in short, 'the Act') and under Section 409 of the Indian Penal Code, 1860 (in short. 'IPC'), and sentences of rigorous imprisonment of three years on each count, imposed is the subject-matter of challenge in this appeal by appellant Karunakar Pradhan (hereinafter referred to as 'the accused'), who was found guilty by the learned Special Judge (Vigilance), Sambalpur and sentenced as aforesaid.2. Accusations which led to the trial and conviction of the accused essentially are as follows : Forest Department of the State collects Kendu leaves, and after processing and bundling, those are stored in the Central Godown. Thereafter they are handed over to the Orissa Forest Corporation (in short, 'the Corporation') which takes care of the same and puts them to auction. 115/5 lots were stored in Srirampur Central Godown out of whic...
Tag this Judgment!Court : Orissa
Decided on : Aug-26-1996
Reported in : 1996(II)OLR348
R.K. Patra, J. 1. Who can be regarded as an 'eminent Educationist' for the purpose of being nominated as the President of the Governing Body of an aided college is the sole question that arises for consideration in this writ petition.2. The petitioners are the residents of Kakatpur and were members of the out-going Governing Body of the Mangala Mahavidyalaya, Kakatpur. They assail the validity of the nomination of Manmatha Kumar Swain (opp. party No. 3) made by the State Government in their letter dated 29-12-1995 (Annexure-1) to be the President of Mangala Mahavidyalaya, Kakatpur and the consequent reconstitution of the Governing Body made by the Director, Higher Education, Orissa, Bhubaneswar in his office order No. 9056 dated 23-2-1996 (Annexure-2). 3. The case of the petitioners is that opp. party No. 3 is not an 'eminent Educationist' and, as such/ he is not eligible to be nominated as the President of the Governing Body of the college. According to them, opp. party No. 3 has abso...
Tag this Judgment!Court : Orissa
Decided on : May-16-1996
Reported in : 1996(II)OLR134
A. Pasayat, J. 1. Justice delayed is justice denied, and If the cause of delay is absence of Presiding Officers of the Court or Tribunal, the situation becomes still more alarming and critical is the main refrain in this writ application filed by an Advocate- of the Orissa High Court. Though the prayer on a surfacial reading appears to be very innocuous, several aspects of seminal importance are involved which need elaborate consideration, as recital of the factual position would indicate.2. Orissa Administrative Thribunal (in short. 'Tribunal') was constituted on the Administrative Tribunals Act, 1985 (in short, 'the Act)coming into force. The object of enactment of the Act was to provide for adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory ...
Tag this Judgment!Court : Orissa
Decided on : Jan-29-1996
Reported in : 82(1996)CLT485; 1996(I)OLR376
R.K. Dash, J. 1. M/s. Rungta Sons Private Ltd. owns mines in the districts of Keonjhar and Sundargarh and by virtue of agreements it has been supplying ores to outside purchasers. So far as the mines in the district of Keonjhar are concerned, the ores are carried either by road transport and/or railway using the rail head/railway siding at Barbil. Since ores are transported through Barbil Municipal area, the Municipal authority has been levying and collecting octroi on sales effected within the Municipal jurisdiction even though the ores sold are meant to be consumed elsewhere. Levy of such tax although has no sanction under any statute, the petitioner has been complying with such illegal demands of the municipality on the apprehension that transportation of ores may be brought to a halt by the authority. Referring to a judicial pronouncement of the Hon'ble Supreme Court reported in JT 1994(3) SC 334, where it has been ruled that goods meant to be transported for use or consumption els...
Tag this Judgment!Court : Orissa
Decided on : Nov-20-1996
Reported in : 1998(II)OLR214
P.K. Misra, J. 1. Having been vanquished in the Eleventh General Assembly Election to the Legislative Assembly in the State of Orissa from 42-Govindpur Assembly Constituency, by a mere 85 votes, the petitioner has filed this election petition challenging the election of respondent No. 1 and seeking for a relief that he himself should be declared to have been elected.2. The election took place on 9.3.1995 and the counting took place in Ravenshaw Collegiate School on 11.3.1995 and 12.3.1995. The petitioner who was contesting as a candidate of Indian National Congress secured 55,936 votes, whereas respondent No. 1 who was contesting as a candidate of Janata Dal secured 56,021. The petitioner alleges that the result of the election has been materially affected by the improper acceptance of invalid votes which have been counted in favour of respondent No. 1 and improper rejection of valid votes which should have been counted in favour of the petitioner. It is alleged by the petitioner that ...
Tag this Judgment!Court : Orissa
Decided on : Nov-05-1996
Reported in : 1997(I)OLR390
A. Pasayat, J. 1. Bipin Behera alias Bipina Behera (hereinafter referred to as 'the deceased'), a minor boy who had not even reached teen age, having lost his life by electrocution 19-6-19994, this writ application has been filed by his father for a direction to the Orissa State Electricity Board, now Grid Corporation of Orissa Ltd. (in short 'the Corporation') to pay compensation of Rs. 200,000/-.2. The case of the petitioner sans unnecessary details essentially is as follows :On 19-6-1994. deceased was found lying dead near an electric pole. He lost his life due to electrocution as live electric wire fell down on him being disconnected from the pole and and resulted in instantaneous death. At the fateful moment the deceased was tending cattle. He was taken to Subdivisional Medical Hospital and was declared dead by the Medical Officer. The matter was reported at the Jaipur Police Station arid U. D. Case No; 29 of 1994 was registered Post mortem was conducted in the Jaipur Sub-division...
Tag this Judgment!Court : Orissa
Decided on : Jan-10-1996
Reported in : 81(1996)CLT455; 1996(I)OLR161
D.M. Patnaik, J. 1. In the above cases the petitioners move for bail for alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the 'Act').2. The collective voice of the petitioner's counsel in all these cases and other cases of similar nature manifests in their devoutness in human dignity and liberty, when Mr. Deepak Mishra, learned counsel for one of the petitioners as a prelude to his argument leferred to the sying of atrick Henery 'give me liberty or give me death' quoted by one of the learned Judges of this Court in the case of Mangal Hembram v. State of Orissa reported in 53 (1982) CLT 259.3. Liberty is fundamental and precious to everybody. Man is a divine being. He lives in the society and therefore, claims right, liberty and equality. Human rights cannot be evaluated in isolation. They have to be read in the social context. Liberty of an individual can be curtailed in a given situation when exercise of that right of the individual works out ...
Tag this Judgment!Court : Orissa
Decided on : Aug-23-1996
Reported in : AIR1997Ori47
Pasayat, J.1. Marriages are made in heaven, it is said. But, looking at the large number of litigations coming to Courts seeking judicial separation, divorce, grant of maintenance what comes to mind is Shakespeare's words in Merchant of Venice : 'The ancient saying is no her say, Hanging and wiving go by destiny.' The immortal writer had written : 'A young man married is a man that's marred' (in 'Alls Well That Ends Well').2. Appellant Smt. Satyabhama Nayak (hereinafter referred to as the 'wife') and respondent Narendra Kumar Nayak (hereinafter referred to as the 'husband') entered into marital ties on 6-6-1982. They were blessed with a child. Husband filed T.S. No. 92 of 1990 in the Court of Sub-Judge, Rourkela (now Civil Judge, Sr. Divn.) seeking a decree of divorce under Section 13 of Hindu Marriage Act, 1955 (in short, the 'Act') on the ground of desertion. Subsequently, the suit was transferred to the Court of learned Judge, Family Court, Cuttack on the basis of order passed in M ...
Tag this Judgment!Court : Orissa
Decided on : Jul-18-1996
Reported in : 82(1996)CLT309; 1996(II)OLR173
Dipak Misra, J.1. By the time the grief-stricken, job-hungry, anxious for sustenance and believers in the majesty of law, felt that their real and unfortunate odyssey was over, the authorities and benefit-conferring agencies have made them realise the journey to the unseen and unexplored has just begun. To counter such an ingenious method by the opposite parties the petitioners have moved this Court for initiation of contempt because that is the last resource of hope to unveil and uncurtain the factual matrix, and discern in proper perspective whether the commands of this Court are carried out as directed, or there are skilful efforts and adroit attempts to nullify the order of this Court under some guise or other.2. The case in hand has a sad history. Sripati B. Ed. Training College, Nalagaja was established in January, 1981 in the district of Mayurbhanj to impart B. Ed. training. The institution was continuously being given concurrence till the year 1986-87, but was refused beyond th...
Tag this Judgment!Court : Orissa
Decided on : Apr-02-1996
Reported in : 83(1997)CLT212
P.K. Misra, J.1. The opposite party in a proceeding under Order 21, Rule 97 of the Code of Civil Procedure (hereinafter referred to as the 'Code') is the appellant against a confirming judgment.2. Bereft of unnecessary details, the brief facts giving rise to this second Appeal are as follows. The decree in Money Suit No. 136 of 1985 for realisation of certain amount was put to execution in E. P. No. 49 of 1988 in the Court of the subordinate Judge, Jeypore. The disputed property was attached and put to auction wherein the present respondent was the purchaser (hereinafter referred to as the 'auction-purchaser'). After obtaining the sale certificate, the auction-purchaser took steps to take possession through the process of court. Delivery of possession was obstructed by the present appellant (hereinafter referred to as the 'third party'). The auction purchaser approached the executing court under Order 21, Rule 97 of the Code complaining about the obstruction by the third party. The cas...
Tag this Judgment!