Court : Orissa
Decided on : May-15-1998
Reported in : (1999)IILLJ651Ori
s.n. phukan, c.j. 1. this writ petition has been filed on behalf of the employees of the orissa state commercial transport corporation through their union against the decision of the government to close down the orissa state commercial transport corporation ltd. (for short, 'the corporation') with effect from may 30, 1998. 2. the corporation is an instrumentality of the state coming under article 12 of the constitution. in the year 1961, the state government formulated an integrated scheme under which ores were to be mined from different mines of orissa, transported to paradip port and exported to overseas countries. on september 7, 1961, there was high level meeting in which it was decided to form orissa mining corporation for the purpose of raising and despatching minerals from the mines and also to form a separate transport organisation for the purpose of transporting ores from the mine-heads to paradip port. accordingly, paradip transport department was established in the year 1961 and it undertook the work of transportation of ores from the mine-heads to paradip port. in the year 1964, the present corporation was incorporated which took over all the assets and liabilities of paradip transport department. the corporation was registered as a government company under the companies act. 1956 with the object of transporting ores from different mine-heads to paradip port. it has been alleged by the petitioner that the opposite parties have now decided to close down the .....Tag this Judgment!
Court : Orissa
Decided on : Aug-25-1998
Reported in : (1999)IIILLJ1280Ori
pasayat, j.1. in the second journey of the petitioner to this court, this is the third hearing. this matter has been heard afresh on being remanded by the apex court. in the earlier writ application, i.e. ojc no. 3512 of 1987 disposed of on january 11, 1990, the petitioner, an erstwhile employee of the talcher unit of fertilizer corporation of india (for short, the 'fc1') had assailed the order directing his removal by way of dismissal in a disciplinary proceeding initiated against him under rule 23 of the fertilizer corporation of india limited employees (conduct, discipline and appeal) rules, 1972 (for short, the 'rules'). after delineating the jurisdiction of this court under article 226 of the constitution of india in matters of disciplinary action it was observed that departmental authorities are the sole judges of facts and if there is some legal evidence on which their conclusion is based, adequacy or reliability of that evidence is not a matter that can be permitted to be canvassed before high court in a proceeding under article 226. the scope for interference was limited to cases of total absence of evidence. while exercising power under article 226, adequacy or otherwise of penalty imposed, if any, is not open to be examined. it was observed that the position was slightly different in the petitioner's case because of two aspects; the first related to existence of a forum for review as provided under rule 35. the reviewing authority, it was noticed, has jurisdiction .....Tag this Judgment!
Court : Orissa
Decided on : Nov-20-1998
Reported in : 87(1999)CLT529; 1999(I)OLR1
a. pasayat, j.1. doubting correctness of decision rendered by a division bench of this court in m/s. ajanta enterprisers v. state of orissa and anr. : 7994 (ii) ole. 463, this reference has been made to the large bench to consider the effect of sec. 14-c of the orissa sales tax-act, 1947 (in short the 'act') relating to date from which higher rate of interest as stipulated under the provision is applicable. as dispute revolves round interpretation of sec. 14-c of-the act, reference to factual aspects is not necessary.2. sec. 14-c, the pivotal provision, reads as follows :'14-c. payment of interest on refundable amount - amount refundable under section 14, if not refunded within ninety days from the date of receipt of the application in that behalf from the dealer, shall carry i'nterest at the rate of eighteen per cent per annum from the first ninety days and thereafter at the rate of twenty four per cent per annum, with effect from the date of expiry of the period specified above.'dispute is the date from which interest is payable by the revenue, and whether ninety days' time provided for disposal of the application for refund is to be excluded and whether no interest is payable for the said period, even if the application for refund is not disposed of within that period.3. according to learned counsel for the petitioner if an application is mad for refund and the same is not granted within ninety days from the date of application, amount of refund would carry interest at the .....Tag this Judgment!
Court : Orissa
Decided on : Nov-06-1998
Reported in : 1999CriLJ969; 1999(I)OLR71
a. pasayat, j.1. in the persian tragic epic of sohrab and rustom father killed the son without knowing the identity. in the case at hand, a young boy of ten has met homicidal death. prasant kumar sahu, the appellant (hereinafter referred to as the 'accused'), father of the deceased is said to be the perpetrator of the crime. the unfortunate deceased was living with his mother, brother and sister in their maternal grand- father's house. accused married janaki (p.w. 3) sometime in 1981. there were frequent quarrels between the accused and his wife, which forced latter to leave her husband's house, and stay in the matrimonial home with the children for about four years preceding the date of occurrence, i.e., on 29.9.1991. law was set into motion by alekh chandra sahu (p.w.2) father-in-law of the accused alleging that on the date of incident at about 11 a.m. the deceased went out from his house and did not return till 4 p.m. sankar behera and two others came and reported to him that someone had slain his grandson. immediately on hearing this news he and his daughter janaki rushed towards the house of the accused and found the deceased lying with a pool of blood in a room of the first floor. the accused was present in the room and confessed to have killed his son. on the basis of information lodged, investigation was undertaken, and on completion thereof charge-sheet was placed.2. the accused pleaded innocence.3. though eleven witnesses were examined for highlighting various .....Tag this Judgment!
Court : Orissa
Decided on : Dec-15-1998
Reported in : 87(1999)CLT69; 1999(I)OLR111
r.k. dash, j.1. revisional orders passed by the additional district magistrate (land reforms), cuttack, confirming the orders of the appellate authority have been challenged in these writ petitions. since the facts and questions of law involved in these writ petitions are similar, they were heard analogously and are disposed of by this common judgment.2. these petitioners and others filed separate applications under section 15(1)(d) of the orissa land reforms act, 1960 (for short, 'the act') before the revenue officer-cum-tahasildar, tigiria, praying to determine the dispute regarding existence of relationship of landlord and tenant between them and madan mohan jew of nuapatna-opposite party no. 4 as envisaged in the act, since they were restrained to cultivate their respective lands by the trustees. opposite party no. 4 on being noticed challenged the maintainability of the proceedings containing, inter alia, that in a proceeding finder section 42 of the orissa hindu religious endowments act (for short, 'endowments act') the lands in question were kept in the custody of interim trustees, namely, chaitan das and the inspector of endowments, who had inducted the petitioners to cultivate the same. the proceeding ultimately having been terminated in favour of hereditary trustees, the lands were released from the custody of the interim trustees and possession thereof was delivered to the former on 17.2.1987. so, the petitioners being ad hoc tenants cannot claim to have any right .....Tag this Judgment!
Court : Orissa
Decided on : Jan-25-1998
Reported in : 87(1999)CLT272; 1999(I)OLR187
a. pasayat, j.1. controversy regarding eligibility for promotion/ appointment to the post of headmaster of a high school has existed notwithstanding two full bench decisions of this court and therefore, this special bench has been constituted to resolve the controversy.2. the controversy arises in the background of rule 8(3) of the orissa education (recruitment and conditions of service of teachers and members of staff of aided educational institutions) rules, 1974 (hereinafter referred to as the 'rules'). said provision reads as follows:'8. exceptions to selection by the board-(1) and (2) xx xx xx(3) vacancies in the posts of headmasters of aided boys' high schools and headmistresses of girls high schools and readers, including principals of aded colleges under the fold of the 'system of direct payment of full salary cost' shall be filled - up by the eligible trained graduate teachers of respective categories of high schools and headmasters and headmistresses of respective categories of high schools and headmasters and headmistresses of respective categories of middle english schools, and by the lecturers belonging to the common cadre of the aided colleges, as the case may be, from the select list prepared by the selection board in the manner prescribed in the regulation framed by the selection board for the purpose, on the basis of the recommendation of a committee to be constituted by the government which shall be headed by the director. the selection shall be made on the .....Tag this Judgment!
Court : Orissa
Decided on : Nov-27-1998
Reported in : 1999(I)OLR313
a. pasayat, j.1. an affidavit filed by shri arniya bhusan tripathy, an ex-director-general of police, orissa has generated a lot of heat, as is evident from the present misc. case. the affidavit has been filed in ojc no. 9929 of 1997, which was filed by mrs. anjana mishra making certain allegations against shri indrajit ray, the ex- advocate general, who at the relevant point of time was functioning as advocate general. the case was taken up along with ojc nos. 9788, 9801, 9806 and 9862 of 1997. considering certain unusual features which were noticed by this court, investigation of the criminal case registered on the basis of first-information-report lodged by mrs. anjana mishra was handed over to the central bureau of investigation (in short, 'cbi'). ojc no. 9929 of 1997 was disposed of along with ojc nos. 9413, 9788, 9801, 9806 and 10039 of 1997 by a common judgment dated 8.8.1 997. subsequently grievance was made that shri amiya bhusan tripathy was not examined in a case referred to above, though he is a vital witness. the cbi was directed to indicate its stand. a counter affidavit was filed by the deputy superintendent of police, cbi, special branch, calcutta. in clause (c) of paragraph 3 of the affidavit it was stated that immediately after registration of the case, elaborate discussion was held by the cbi team of investigators with shri amiya bhusan tripathy. after such discussion, it was not felt necessary to record the statement formally under section 161 of the code .....Tag this Judgment!
Court : Orissa
Decided on : Jul-02-1998
Reported in : 1999(I)OLR507
a. pasayat, j.1. delay in presentation of second appeal filed by the revenue having been condoned by the orissa sales tax tribunal (in short, the 'tribunal'), the assessee has filed this writ application for interference. according to it, no reason whatsoever much less possible, was indicated to warrant such condonation.2. sans unnecessary details factual position which is almost disputed is as follows :petitioner filed appeals before the assistant commissioner of sales-tax, cuttack i range, cuttack against the order of assessment made for the assessment year 1991 -92. by order dated 16.1.1994 the assistant commissioner adduced the demand from rs. 50,716/- to rs. 3,316/-. the order was issued by the assistant commissioner on 29.3.1994, and same was received in the office of the commissioner of sales-tax on the same day. the last date for filing the second appeal was 28.5.1994. but the appeal was actually filed on 24.9.1994. thus, there was a delay of 120 days in presentation of the appeal. it is to be noted here that there was no application for condonation of delay filed along with the appeal. it was filed subsequently. on 28.2.1995 registrar of the tribunal found that there was delay and issued notice to rectify the detects. it was also pointed out that there was delayed presentation of the appeal. fifteen days from the date of receipt of the notice was granted to rectify the defects. on 15.5.1995 a petition was filed by the revenue to allow time to rectify the defects. .....Tag this Judgment!
Court : Orissa
Decided on : Apr-10-1998
Reported in : 86(1998)CLT608; 1998(II)OLR32
s.n. phukan, c.j.1. this appeal is directed against the judgment and order dated 21.6.1993 passed by the sessions judge, koraput, jeypore, in sessions case no. 180 of 1992, convicting the accused-appellant under section 302, ipc and sentencing him to undergo imprisonment for life.2. the appellant along with two others, namely, subarna naik and janaki alias budhia naik, were sent up for trial for committing offence under section 302/34, ipc. the learned sessions judge, by the impugned judgment, convicted the appellant under section 302, ipc and acquitted the other two accused persons.3. briefly stated, the case of the prosecution is that the appellant and the deceased were carrying on timber business jointly. on 19.3.1992, the deceased came to the house of the appellant and demanded money which he had paid in connection with supply of timber. it may be stated that the deceased had paid money for supply of timber and the supplier had delivered the goods in the house of the appellant. there was some altercation between the appellant and the deceased. the appellant got annoyed and dealt blows on the abdomen of the deceased by means of a knife. it is alleged that the other accused persons, who are the sisters of the appellant, caught hold of the hands of the deceased at the time when blows were inflicted on him. it is not disputed by the prosecution that it was the appellant who carried the deceased to the hospital where the deceased succumbed to the injuries.4. the plea of the .....Tag this Judgment!
Court : Orissa
Decided on : Jun-22-1998
Reported in : 86(1998)CLT717; 1998CriLJ3587; 1998(II)OLR114
p.k. misra, j.1. the petitioner challenges the order of conviction under section 307, indian penal code, and sentence of two years' rigorous imprisonment. initially, the petitioner and two other accused persons faced trial under sections 307, 342/34, indian penal code, on the allegation that they had wrongfully confined p.w. 4 and had attempted to commit the murder of p.w. 1, the informant. the trial court convicted the three accused persons including the petitioner under sections 307, 342/34, indian penal code, and sentenced each of them to undergo rigorous imprisonment for three years and to pay a fine of rs. 1 ,000/-, in default, to undergo rigorous imprisonment for two months under section 307/34, indian penal code, and to pay a fine of rs. 500/-, in default to undergo rigorous imprisonment for one month under section 342/34, indian penal code. in appeal, the appellate court allowed the appeal in part and set aside the conviction under section 342/34, indian penal code, in respect of ail the three accused persons and also acquitted the two other co-accused persons of the charge under section 307, indian penal code. while confirming the conviction of the petitioner under section 307, indian penal code, the appellate court reduced the sentence to two years' rigorous imprisonment for one month. the aforesaid order of conviction and sentence, as imposed by the appellate court, is under challenge in the present revision.2. as per the prosecution case, while the informant (p.w. .....Tag this Judgment!