Orissa Court December 2003 Judgments
S.M.S. Demag Ag and anr. Vs. Neelachal Ispat Nigam Ltd. and ors.
Court: Orissa
Decided on: Dec-24-2003
Reported in: AIR2004Ori89
A. K. Patnaik, J.1. In these two writ petitions under Article 226 of the Constitution, the petitioners have prayed for a direction restraining Neelachal Inspat Nigam Limited (for short, 'NINL') from encashing the bank guarantees furnished by the State Bank of India, Frankfurt Branch, and Deutsche Bank, New Delhi.2. The facts relevant for the purpose of disposal of these two writ petitions are that on 29th December, 1998, three contracts were executed by Mannesmann Demang AG Metallurgy (for short, 'MDM AG'), a company incorporated under the laws of Germany having its registered office in Germany and by NINL, a company incorporated under the Companies Act, 1956 and having its registered office at Bhubaneswar. Under the said three contracts, MDM AG was to supply imported equipment and provide Foreign Services and undertake overall responsibility for basic Oxygen furnace, gas cleaning plant and continuous casting plant for the factory of NINL at Duburi, Jaipur. On the 29th December, 1998 t...
Tag this Judgment!Pravas Chandra Das Vs. the Urban Cooperative Bank Ltd.
Court: Orissa
Decided on: Dec-24-2003
Reported in: 2004(I)OLR69
ORDER1. The petitioner is aggrieved by the order of suspension and initiation and the procedure adopted in a Disciplinary Proceeding in terms of Annexures-2 and 3. In view of Section 67-B of the Orissa Co-operative Societies Act, a dispute as against the same being maintainable we are not inclined to entertain this writ application which is accordingly dismissed. If so advised, the petitioner may approach the Cooperative Tribunal raising and ventilating all his grievances and the points of law.2. Let the deficit Court fee on the affidavit by the caveator be paid in course of the day.3. Consequential upon dismissal of the writ application, the Misc.Case also stands dismissed....
Tag this Judgment!Smt. Arundhati Tripathy Vs. Sri Durga Prasanna Tripathy
Court: Orissa
Decided on: Dec-23-2003
Reported in: I(2005)DMC262; 2004(I)OLR172
P.K. Tripathy, J.1. Respondent in Civil Proceeding No. 115 of 1998 of the Court of Judge, Family Court, Cuttack has filed this appeal under Section 19 of the Family Courts Act, 1984 (in short 'the Act 1984') challenging to the decree of divorce passed against her on the application under Section 13(1) of the Hindu Marriage Act, 1955 (in short 'the Act 1955'). For the sake of convenience, appellant and the respondent, hereinafter are referred to as the wife and husband respectively. 2. In his application under Section 13 of the Act 1955, read with Section 7 of the Act, 1984, the husband sought for a decree of divorce on the assertion of facts that marriage between him and the wife was solemnised on 5.3.1991, they lead a happy conjugal life for about six months and thereafter on 22.10.91 wife went to Bhubaneswar to her father's place on the occasion of Kumar Purnima and wilfuly disassociated herself from the husband since then. His efforts to bring her back did not succeed even during il...
Tag this Judgment!Bichitra Mohan Naik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-23-2003
Reported in: 2004(I)OLR218
P.K. Misra, J.1. The petitioner is a practising advocate of Udala Bar. He has been practising since 1974. On 30.06.2001 an order was issued by the Government of Orissa in the Law Department appointing Assistant Public Prosecutors for the district of Mayurbhanj copy of which is Annexure-1. The petitioner's name found place at serial number 15 of the said order. Annexure-1 was addressed to the District Magistrate, Mayurbhanj, with an endorsement to communicate the same to the persons concerned. It is alleged that the District Magistrate never communicated the order to the petitioner. However, by letter No. 369 dated 19.07.2001 (Annexure-2), the Public Prosecutor, Mayurbhanj, Baripada issued order of allotment of Courts to different Assistant Public Prosecutors and the petitioner was assigned the Court of S.D.J.M., Udala. But the said order, so far as assignment of duty to the petitioner was concerned, was withdrawn on 20.07.2001. The petitioner has, therefore, approached this Court with ...
Tag this Judgment!Jatindra Kumar Misra (Dead) After Him His L.Rs. Vs. Smt. Manorama Satp ...
Court: Orissa
Decided on: Dec-23-2003
Reported in: 2004(I)OLR230
P.K. Tripathy, J. 1. The above described Jatindra Kumar Misra original appellant in Civil Appeal No. 39 of 1994 is the husband and Smt. Manorama Satpathy. appellant in Civil Appeal No. 38 of 1994 is the wife. For the sake of convenience they are described as husband and wife respectively.2. Husband filed Original Suit No. 54 of 1990 in the Court of Subordinate Judge, Cuttack praying for a decree of divorce or in the alternative for judicial separation. That suit being transferred to the Court of Judge, Family Court, Cuttack was registered as Civil Proceeding No. 104 of 1991. The husband pleaded that marriage between the parties was solemnised on 7.12.1985 in accordance with the Hindu rites and custom. By the date of marriage, husband was serving as a Lecturer at Chandikhol College, whereas the wife was serving as a teacher at Ochapada under Tangi P.S. in the district of Cuttack. They resided together at Chandikhol. A male child was born on 24.4.1987 out of the wedlock. According to the...
Tag this Judgment!Sidhartha Sankar Patnayak Vs. Council of Higher Secondary Education an ...
Court: Orissa
Decided on: Dec-22-2003
Reported in: AIR2004Ori83; 2004(I)OLR121
P.K. Mohanty, J.1. The petitioner calls in question the award of '00' marks in M.I.L. (Oriya) in the Annual Higher Secondary Examination, 2003 by the Council of Higher Secondary Education on the basis of the report of the Examination Committee dated 20-5-2003, cancelling the said examination in the centre from which the petitioner took the examination.2. The short facts of the petitioner's case is that he had passed the H.S.C. Examination securing 583 marks out of 750 marks and was placed in higher First Division, got admitted to Patitapaban Mohavidyalaya, Sainkul in the district of Keonjhar in +2 Science course with the subjects Physics, Chemistry and Mathematics as the optional subjects and Biology as the Fourth Optional subject in addition to compulsory papers like English and M.I.L. (Oriya). He appeared at the Higher Secondary Examination conducted by the Council of Higher Secondary Education (hereinafter called 'the Council') and had done quite well in the examination. The petitio...
Tag this Judgment!State of Orissa and anr. Vs. Sri Durga Charan Routaraya
Court: Orissa
Decided on: Dec-22-2003
Reported in: 2004(I)OLR298
B.P. Das, J.1. This appeal is at the instance of the State challenging the judgment and decree passed by the Civil Judge (Senior Division), Bhubaneswar in O.S. No. 98 of 1999 making the award of the Arbitration Tribunal a rule of the Court.2. The brief facts leading to this appeal are that the claimant, i.e., the sole respondent was entrusted with construction of Earth Dam to Kharkhai Irrigation Project up to R. L. 316.15, (Balance work) for a sum of Rs. 13,78,810/- for which agreement was entered into between the appellant and the claimant wherein it was stipulated that the claimant would commence the work on 1.1.9176 and complete the same by 31.7.1976. However, the work could not be completed in time due to various reasons. According to the respondent, delay is mainly due to change of design by the appellants resulting in financial loss to the claimant-respondent and according to the respondent the appellant No. 2, the Executive Engineer, while making payment did not consider the ext...
Tag this Judgment!Orissa Agro Industries Corporation Ltd. Vs. Regional Provident Fund Co ...
Court: Orissa
Decided on: Dec-19-2003
Reported in: 97(2004)CLT140; [2004(101)FLR802]; (2004)IILLJ150Ori; 2004(I)OLR118
A.S. Naidu, J.1. Orissa Agro Industries Corporation Limited, a Government of Orissa Undertaking, has filed this Writ Petition invoking this Court's jurisdiction under Articles 226 and 227 of the Constitution of India with a prayer to quash the order dated 31st March, 2003 -Annexure 11, the order dated 4th July, 2003 - Annexure 14 and the order dated 18th July, 2003 - Annexure 16, passed by the Assistant Provident Fund Commissioner, Orissa, Bhubaneswar, opposite party No. 2 and for other ancillary reliefs.2. In order to cater to the need of farmers at their door step, the petitioner concern was established. It has engaged several employees to achieve its objectives. While matter stood thus, the petitioner Corporation received a notice under Section 7-A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') for determination of the amount due from the petitioner towards the provident fund of its employees. After perusing the reply o...
Tag this Judgment!The Divisional Manager, the United India Insurance Co. Ltd. Vs. Latula ...
Court: Orissa
Decided on: Dec-19-2003
Reported in: III(2004)ACC183; 2005ACJ1564; 97(2004)CLT144; [2004(101)FLR660]; 2004(I)OLR185
M.M. Das, J.1. The Insurer is the appellant in this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the 'Act'). The compensation amount awarded by the Commissioner for Workmen's Compensation-cum-Deputy Labour Commissioner, Central Division, Cuttack in W.C. Case No. 35-D/2001 by Judgment, dated 26.2.2003 has been deposited by the insurer, before the said Commissioner, as per the proviso to Section 30 of the Act.2. The case of the workman in the aforementioned W.C. case was that, the deceased Laxmi Narayan Dubey, in course of employment under respondent No. 4 as a driver of the truck bearing registration No. OR-04-6755, met with an accident when he parked the above truck near Chandikhol on N.H. 5 and was going to answer the call of nature. The offending vehicle was a truck which came in a high speed and ran over the deceased Laxmi Narayan Dubey. As a result, the deceased succumbed to the injury, on the spot. Postmortem was conducted on the body...
Tag this Judgment!Trident Softech (P) Ltd. Vs. State of Orissa
Court: Orissa
Decided on: Dec-19-2003
Reported in: III(2004)BC232; 2004(I)OLR101
ORDER1. The petitioner, a company, assails the action of opposite party No. 2, the Commissioner of Commercial Taxes, Orissa, Cuttack intimating the petitioner by letter dated 29.9.2003 that the Technical Evaluation Committee (for short 'TEC') found the petitioner disqualified for the purpose of submitting its commercial bid for supply of Information Technology Manpower for the Commercial Tax Department, on the ground that the said letter was issued violating the principles of natural justice and equity and the action amounted to arbitrary exercise of power.2. Admittedly a Tender Call Notice was issued on 20.8.2003 by the Department of Commercial Taxes, Government of Orissa inviting quotations from reputed Information Technology Organisations/Service Providers, for providing Information Technology personnel on contract basis for the works morefully described in the said Tender Call Notice. The Tender Call Notice further stipulated that the bidders having proven track record in executing...
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