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KISHORE PALLEI -V- ARUNA KUMAR PANDA.
CRL.REV. NO.161 OF 2012 (Dt.04.04.2013)
NEGOTIABLE INSTRUMENTS ACT, 1881 – Ss.138, 143
Complaint Case U/s. 138 N. I. Act – In normal Case trial has to be conducted in summary
procedure – Summary procedure may be dispensed with only if the Magistrate in terms of the Second
proviso to Section 143 (1) N.I. Act after hearing the parties passes an order to the effect that the nature
of the case is such that a sentence exceeding one year may have to be passed or for any other reason
it is undesirable to try the case summarily and any departure from such procedure would vitiate the trial
– The passing of an order not to follow the summary procedure of trial may be passed suo motu or on
the application of either of the parties and both parties must be heard before such order is passed – But
where ever evidence from both sides has already been closed or complaints already disposed of, the
matter shall not be re-opened for fresh trial by the Magistrate or as the case may be by the appellate
or revisional Court.
In the present case since evidence from both sides has already been recorded by following summons
procedure direction given by the learned JMFC, Khallikote in the impugned order for denovo trial is
quashed – Learned JMFC is directed to hear arguments and dispose of the complaint case within two
months.
( B. K. Nayak, J.)
SIKSHA ‘O’ ANUSANDHAN, A DEEMED UNIVERITY -V-
COUNCIL OF ARCHITECTURE (COA) & ANR.
W.P.(C) NO.2837 OF 2011 (Dt.08.04.2013)
A. EDUCATION – “ Deemed to be University” – Whether it requires permission to open degree
course in Architecture – Held, Petitioner-University being a deemed to be University is not required to
obtain prior approval for opening of degree course in Architecture.
B. UNIVERSITY GRANTS COMMISSION ACT, 1956 – S.3.
Petitioner-University is a “deemed to be University” – Whether it needs to obtain prior permission
from COA and AICTE for opening/imparting degree course in Architecture – In the absence of any statutory
provision under the Architects Act, 1972 and Rules made there under and in view of clarification made by
the Govt. of India basing on its notification Dt.7.4.2006, the petitioner-University being a “deemed to be
University” is not required to obtain prior approval from the council of Architecture and AICTE for opening
of degree course in Architecture i.e. B. Arch. – Held, impugned letters under Annexures-4 and 6, compelling
the petitioner-University to obtain prior permission to open degree course in Architecture are quashed.
(M. M. Das, J.)
SUBHENDU KUMAR MOHANTY-V- M.D., ORISSA POWER GENERATION CORPN. & ORS.
O.J.C. NO.6874 OF 1996 (Dt.09.04.2013)
SERVICE LAW – Promotion – Preparation of gradation list – Retrospective promotion of O.P.Nos.
4 to 22 to the post of Sr. Asst. Manager in E-2 grade w.e.f. the date they completed three years of service,
dehors Odisha Power Generation Corporation Ltd. Recruitment and Promotion Rules for Executive, 1992
– Re-designation of O.P. Nos.19, 20 and 21 as Sr. Asst. Managers in E-2 grade subsequent to the
petitioner’s appointment as Sr. Asst. Manager in E-2 grade, and placing them in the gradation list above
the petitioner is illegal – Held, the action of O.P.G.C. is not in accordance with Rules, 1992 – Direction