Orissa Court December 2003 Judgments
Banamali Mathan Vs. Regional Provident Fund Commissioner and ors.
Court: Orissa
Decided on: Dec-19-2003
Reported in: 2004(I)OLR209
L. Mohapatra, J.1. Petitioner, in this writ application, has prayed for a direction to opposite party No. 1 (Regional Provident Fund Commissioner, Rourkela) to settle his pension taking into account the date of birth of the petitioner as 27.7.1941 as well as further direction to pay the arrear pension with effect from 26.7.1999 with interest at the rate of 18% per annum.2. The case of the petitioner is that he was appointed as junior mechanic on 8th February, 1965 under opposite party No.2. He served the Company till 27th July, 2001 and retired with effect from the said date on attaining age of 60 years. After attaining the age of 58 years on 27.7.1999 the petitioner applied in the prescribed form for settlement of his pension and necessary documents for the purpose were forwarded to the opposite party No. l duly attested by opposite party No. 1, the Personnel Manager of the Company. On scrutiny of the pension papers some discrepancies were found out and the documents were returned to ...
Tag this Judgment!Suburban Ply and Panels (P) Ltd. Vs. Regional Provident Fund Commissio ...
Court: Orissa
Decided on: Dec-18-2003
Reported in: 97(2004)CLT346; [2004(101)FLR797]; (2004)IILLJ1069Ori; 2004(I)OLR284
B. P. Das, J.1. The petitioner is a private limited company within the meaning of the Companies Act, 1956 having its registered office at Industrial Estate, Khurda. It is stated that the petitioner company was incorporated and registered in the name and style 'M/s. Suburban Ply & Panels (P) Ltd.' with the Registrar of Companies, Orissa, under the Companies Act in the year 1998-99, the date of incorporation being 18.12.1998.2. The case of the petitioner is that O.P. No. 4, another company running its business in the name and style 'M/s. Orissa Ply & Panels (P) Ltd.' was manufacturing timber products in the district of Khurda. When O.P. No. 4-Company could not repay the loan incurred by it from the O.P. No. 3, Orissa State Financial Corporation ('OSFC' in short), the latter seized the unit of O.P. No. 4 under Section 29 of the State Financial Corporations Act, 1951 ('SFC Act'). Pursuant to an agreement-cum-undertaking dated 4.1.1999 (Annexure-4), OSFC transferred the fixed assets of O.P....
Tag this Judgment!Sri Alok Chandra Mohanty Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: Dec-18-2003
Reported in: 2004(I)OLR256
ORDER1. Heard Sri S. K. Das, learned counsel for the petitioner and the learned Addl. Government Advocate for the State.2. The order of the State Government dated 14.1.2002 disallowing the proposal of the college for validation of the services of the petitioner under the Validation Act, 1998, in Annexure-7 is assailed in this writ petition.3. Section 24-B of the Orissa Education Act reads as follows:24-B. Adjudication by Tribunal! 1) The Tribunal shall have jurisdiction, power and authority to adjudicate all disputes and differences, between the Managing Committee or, as the case may be, the Governing Body of any private educational institution and any teacher or employee of such institution or the State Government or any officer in any authority of the said Government, relating to or connected with the eligibility, entitlement, payment or non-payment of grant-in-aid.(2) Any person, aggrieved by an order pertaining to any matter within jurisdiction of the Tribunal, may make an applicat...
Tag this Judgment!Narayan Joshi and anr. Vs. Smt. Pramila Panda
Court: Orissa
Decided on: Dec-17-2003
Reported in: 97(2004)CLT312
P. K. Tripathy, J.1. Appellants are the defendants in Title Suit No. 48 of 1994 of the Court of Civil Judge (Sr. Division), Boudh and the Respondent was Plaintiff No. 2 in that suit. Plaintiff No. 1 died during the pendency of the suit and there was no other legal representative except plaintiff No, 2, so, no other person was substituted on her death. The suit property measures an area of Ac. 1. 84 decimals in seven plots under Khata No. 25 of village Bandhapathar in the district of Boudh. The admitted case of both the parties is that Late Raghunath Joshi, husband of deceased-plaintiff No. 1 and father of plaintiff No. 2 was the owner of the property by the date of his death and after his death his widow and daughter succeeded to that property. Defendants are the agnetic nephews of Raghunath Joshi.2. The case of the plaintiffs is that after death of Raghunath Joshi and taking into consideration the widowhood, illiteracy and paradanashin conditions of plaintiff No. 1 and the plaintiff N...
Tag this Judgment!Bishnu Charan Sahu Vs. Branch Manager, United Commercial Bank and anr.
Court: Orissa
Decided on: Dec-17-2003
Reported in: 2004(I)OLR127
P.K. Misra, J.1. The petitioner in this writ application seeks for a direction to reinstate him in his former post in the United Commercial Bank with all financial benefits like back wages etc. and to declare the action of the authorities in dismissing him from service as illegal and arbitrary.2. The fact of the case is that the petitioner had joined the opposite party-Bank in the year 1973 and continued in service till 1996. When the petitioner was serving as Junior Manager Grade-I and posted at Brajarajnagar Branch of the Bank, because of his arrest and ultimate punishment awarded vide judgment dated 4.9.1996 in G.R. Case No. 86 of 1989 under Sections 419/467/471 of I.P.C. he was dismissed from service. Against the aforesaid order of conviction, the petitioner filed an appeal numbered as Criminal Appeal No. 83/26 of 1996-97 before the learned Addl. Sessions Judge, Sambalpur, who by his order dated 22.3.1999 held as follows :'In the result the inference of guilt of the accused from th...
Tag this Judgment!Basudev Sahoo Vs. Akhaya Kumar Pradhan and ors.
Court: Orissa
Decided on: Dec-16-2003
Reported in: 97(2004)CLT148; 2004(I)OLR41
A.S. Naidu, J.1. In view of the embargo created under Section 25(1)(v) of the Orissa Grama Panchayats Act, 1964 (hereinafter referred to as 'the Act') whether a person having three children by giving away one child in adoption would become eligible to contest the election for the post of Sarpanch of a Grama Panchayat is the moot question required to be considered in this case.2. For the sake of brevity and better appreciation, Section 25(1)(v) of the Act is quoted hereinbelow:'25. Disqualification for membership of Grama Panchayat: (1) A person shall be disqualified for being elected or nominated as a Sarpanch or any other member of the Grama Panchayat constituted under this Act, if he : *** *** *** (v) has more than two children : Provided that the disqualification under Clause (v) shall not apply to any person who has more than two children on the date of commencement of the Orissa Grama Panchayat (Amendment) Act, 1964, or, as the case may be, within a period of one year of such comm...
Tag this Judgment!Dr. Subas Chandra Rath Vs. Dr. Srinandan Mohanty
Court: Orissa
Decided on: Dec-15-2003
Reported in: 2004(I)OLR58
ORDERP.K. Tripathy, J.1. Heard.2. This writ petition stands disposed of at the stage of admission.3. Learned counsel for the petitioner states that petitioner is the defendant and the opposite party is the plaintiff in Civil Suit No. 682 of 2002, pending in the Court of Civil Judge (Senior Division), Bhubaneswar. Plaintiff filed Interim Application No. 582 of 2002 under Order 39, Rules 1 and 2 C.P.C. Learned Civil Judge refused to grant temporary injunction. Against that order, plaintiff filed F.A.O. No. 3 of 2003. When the appeal was pending in the Court of Additional District Judge, Fast Track Court No. IV, Bhubaneswar, plaintiff filed Interim Application No. 16 of 2003 for temporary injunction. The appellate Court passed order directing the petitioner not to make any construction on any portion of plot No. 167 till disposal of the appeal. Shortly after that order, plaintiff filed Interim Application No. 24 of 2003, in the appellate Court. That application was filed under Order 39, R...
Tag this Judgment!Binu Industries Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-15-2003
Reported in: II(2005)BC146; 2004(I)OLR65
A.S. Naidu, J.1. The petitioner, registered as a small scale industry (for short 'SSI Unit') has filed this Writ Petition questioning the legality and propriety in issuing a Tender Call Notice inviting tenders from civil contractors classified under the Orissa Public Works Department Code (for short OPWD) for the combined work of both civil and mechanical gate work, thereby depriving the SSI units. According to the petitioner, SSI units are competent to execute the mechanical gate work required for hydraulic structures like Escapes, Cross Regulators (for short CR) and Head Regulators (for short HR) which are sophisticated in nature and are designed only on workshops well equipped for the purpose. The said work being highly technical is required to be executed with precision. The SSI units with full-fledged mechanical workshop and experienced personnel with all infrastructure were entrusted to execute such mechanical gate work in the past. The SSI units established and registered under ...
Tag this Judgment!Ramasankar Misra Vs. the State of Orissa and Two ors.
Court: Orissa
Decided on: Dec-15-2003
Reported in: 2004(I)OLR48
ORDERP.K. Tripathy, J.1. Heard.After hearing learned counsel for the petitioner this writ petition stands dismissed for the following reasons.2. Learned counsel for the petitioner states that petitioner is the plaintiff in Civil Suit No. 1 of 2003 of the Court of Civil Judge (Junior Division), Barbil. His case is that he was the recorded tenant of the disputed land as per the Sabik Settlement. A part of the suit plot was acquired 'by the Government under Land Acquisition Proceeding and the remaining part should have been recorded in his name during the current settlement but that was wrongly recorded in the name of the P.W.D. i.e., the State Government. On being transferred Joda Municipality has acquired possession and constructed shop-rooms and let out to tenants. Petitioner's claim for temporary injunction is on the basis of the aforesaid pleadings but that was turned down by the Civil Judge as well as learned District Judge, Keonjhar in C.M.A. No. 1 of 2003 and F.A.O. No. 7/a of 200...
Tag this Judgment!Sk. Ansar Alli and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-12-2003
Reported in: 2004(I)OLR177
A.K. Patnaik, J.1. The case of the petitioners in this writ petition is that they are the owners of land measuring Ac.0.012 decimals in Plot No. 301, Khata No. 151. Mouza-Jagannathpur, Tahsil - Mahanga in the district of Cuttack and they have constructed a residential house on the said land. Land Acquisition Case No. 17 of 1997 was initiated under the Land Acquisition Act, 1894 (for short, 'the Act') for acquisition of the said land. The petitioners submitted their objection to the acquisition of the said land stating that they have constructed their residential house by incurring huge expenses, but the authorities did not pay any heed to the said objection. Thereafter notification under Sections 4 and 17 of the Act was issued on 4.5.1999 stating that the land measuring more or less Ac.2.23 decimals described in the schedule to the notification was urgently needed for construction of approach road to the High Level (for short, 'H.L.') bridge over the river Badagenguti and that the prov...
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