Orissa Court March 2003 Judgments
K. Ravichandran Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Mar-29-2003
Reported in: 96(2003)CLT118
B. Panigrahi, J.1. The petitioner has challenged the legality, propriety and validity of the order of the Central Administrative Tribunal in O.A. No. 267 of 2000 dated 20th August, 2001 whereby and whereunder the petitioner's prayer for giving him appointment as AEN Group 'B' with effect from 12.8.96 with all consequential benefits was rejected.2. The case suffered a chequered history. The petitioner after having passed Three Years' Diploma Course in Civil Engineering on completion of S.S.C. Examination was appointed as a 'Work Mistri' and joined as such on 9.12.1988 in the scale of pay Rs. 1400-2300/- by virtue of a competition (written and viva voce) pursuant to an advertisement made to that effect. His service was regularised on satisfactory completion of probation on 10.6.89. By a letter dated 28.2.95 applications were invited for filling up 30% of the vacancies in the post of Assistant Engineer (AEN) from all staffs of Civil Engineering Department who had completed five years' of ...
Tag this Judgment!Anjani Kumar Singh Vs. State of Orissa
Court: Orissa
Decided on: Mar-29-2003
Reported in: 2003CriLJ2489
ORDERA.S. Naidu, J. 1. The petitioner was one of the three office bearers of Bhubaneswar Stock Exchange. This is the second bail application filed by the petitioner. The earlier one was disposed of on 7-1-2003 giving liberty to the petitioner to move the Court below once again in the, event there was any changed circumstance. According to Mr. Bijan Ray, learned senior Advocate, after submission or final charge-sheet, the petitioner moved the Sessions Judge, Khurda once again. The prayer to release the petitioner on bail having been turned down by the learned Sessions Judge, he has approached this Court once again.2. Mr. Ray, learned senior Advocate forcefully submitted that the petitioner is a highly qualified person and hails from a respectable family. He had absolutely no nexus with the alleged occurrence and only on the basis of extra-judicial confessions made by some harden criminals, after a lapse of 7 years, the petitioner was arrested. There is not a single iota of evidence conn...
Tag this Judgment!Delta Marine Company Vs. Atlanta Infrastructures Limited and anr.
Court: Orissa
Decided on: Mar-28-2003
Reported in: 95(2003)CLT549
P.K. Tripathy, J. 1. Plaintiff in Title Suit No. 78 of 2001 of the Court of Civil Judge (Sr. Division), Khurda, has preferred this revision challenging to the impugned judgment passed on 3.12.2002 by the Addl. District Judge, Khurda.2. Plaintiff filed the suit praying for a permanent injunction against the defendants not to encash the bank guarantee furnished by him in favour of defendant Nos. 1 and 2 on various grounds including the ground of fraud and non-payment of the arrear dues plaintiff also filed an application under Order 39, Rules 1 & 2, C.P.C. which was registered as M.J.C. No. 78 of 2001. Plaintiff prayed for a temporary injunction. The defendants contested the Misc. Case, inter alia, on the ground of absence of any fraud and executability of the contract to encash the bank guarantee and they also raised lack of jurisdiction of the Civil Court at Khurda to decide the claim in view of the stipulation in the contract by conferring jurisdiction in the Courts at Bombay. Keeping...
Tag this Judgment!The Divisional Mechanical Engineer, S.E. Railways and anr. Vs. P. Adin ...
Court: Orissa
Decided on: Mar-28-2003
Reported in: 2005ACJ49; 95(2003)CLT776
Pradip Mohanty, J.1. This appeal is one under Section 30(1)(A) of the Workmen's Compensation Act (hereinafter referred to as 'the Act') challenging the order dated 17.2.1994 passed by the Commissioner for Workmen's Compensation, Bhubaneswar, in W. C. Case No. 108 of 1992.2. The case of the claimant is that while he was working in the S.E. Railways, Khurda Road, as workman on duty along with the driver of Engine No. 494, on 19.4.1990 at about 5 A.M., he got personal injuries in an accident. Due to the said accident he became permanently disabled to some extent. He, therefore, filed a petition before'the Commissioner for Workmen's Compensation claiming that the accident was caused in course of his employment and thus prayed for compensation.The Railway Engineering authorities appeared through their Advocate and contested the case.3. Upon analysing the evidence on record, the Commissioner for Workmen's Compensation allowed the application and awarded Rs. 14,082.30 paise to the claimant. B...
Tag this Judgment!Union of India (Uoi) Vs. Dr. Rabindranath Das and ors.
Court: Orissa
Decided on: Mar-28-2003
Reported in: 96(2003)CLT95
B. Panigrahi, J.1. Union of India has filed this appeal challenging the confirming judgment passed by the courts below in M. S. No. 296 of 1979 directing them to deposit Rs. 8625. 52 P. for damages for having demolished the structure standing on Railway Plot Nos. 14 and 15 constructed by the Plaintiff on or about 1.7.1975.2. Undisputedly the original plaintiff was a licensee for the said plots belonging to the South Eastern Railway near Cuttack Railway Station pursuant to an agreement bearing No. KUR/Eng./20 dated 20.12.65 executed by and between the Railways and the original plaintiff. After execution of the agreement the original plaintiff took possession of the demised property and constructed a shed thereon along with two pucca rooms and carried on business thereon. Without notice to the licensee-original plaintiff, his house was bulldozed resulting in loss to the tune of Rs 5000/-. The original plaintiff also claimed other damages due to illegal and highhanded action of the appell...
Tag this Judgment!Pravat Kumar Banerjee and Two ors. and Girish Mohapatra Vs. United Ban ...
Court: Orissa
Decided on: Mar-28-2003
Reported in: I(2004)BC127; 96(2003)CLT104; [2005]126CompCas256(Orissa)
P.K. Tripathy, J.1. The above two civil revisions have been heard separately on the question of maintainability, and because a common question of law is involved relating to maintainability of both the civil revisions, therefore this common judgment shall abide the result of that issue involved in both the revisions.2. In Civil Revision No. 231 of 2002, defendants No. 1, 5 and 6 in M.A. No. 19 of 2002 (arising out of T.C. No 185 of 2001) have challenged to the order passed on March 7, 2002) by the Debts Recovery Tribunal, Cuttack. Plaintiff (described as the applicant) and the defendants No. 2 to 4 are the opposite party members in this revision. It appears from the impugned order that an application for filing additional written statement by the defendants 2 and 3 was allowed by the Tribunal subject to payment of cost. Petitioners challenge to correctness and legality of that order.3. In Civil Revision No. 321 of 2002, order passed on December 12,2002 by the Debts Recovery Tribunal, C...
Tag this Judgment!State of Orissa, Represented by the Land Acquisition Zone Officer Vs. ...
Court: Orissa
Decided on: Mar-28-2003
Reported in: 96(2003)CLT134
ORDERPradip Mohanty, J.1. This appeal, under Section 54 of th,e Land Acquisition Act, 1894, is preferred by the State of Orissa against the order dated 23.9.1998 passed by the Civil Judge (Sr. Divn.), Deogarh, in L.A. Case No. 72 of 1998.2. The admitted facts, in brief, are that pursuant to notification under Section 4(1) of the Land Acquisition Act, published in E.O.G. No. 328 dated 8.3.84, the Government of Orissa acquired Ac. 1.20 decimals of land under Khata No. 2 of village Niktimal in Deogarh Tahasil, which belonged to the respondent-claimant, for the purpose of construction of Rengali Dam Project. The Land Acquisition Officer, Deogarh, determined the market value of the acquired land at Rs. 9,256/- and accordingly awarded the compensation to the claimant which he received on protest.The claimant-respondent filed a petition before the Land Acquisition Officer, Deogarh, alleging that he is the owner in possession of the acquired lands. The said lands were Class-1 productive lands ...
Tag this Judgment!Co-operative Agricultural Rural Development Bank Ltd., Represented Thr ...
Court: Orissa
Decided on: Mar-28-2003
Reported in: 96(2003)CLT159
A.K. Patnaik, J.1. This is an application for review of our judgment dated 28.8. 2002 in O.J.C. No, 10429 of 2000 filed by the Co-operative Agricultural Rural Development Bank Limited, Jagatsinghpur (for short, 'the CARD Bank') and its Secretary. By the said judgment dated 28.8.2002 the writ petition filed by Smt. Basanti Swain (hereinafter referred to as 'the writ petitioner') was allowed.2. The facts relevant for the purpose of disposal of the review petition briefly are that by an order dated 27.7.1998 of the President of CARD Bank, the writ petitioner was appointed as Junior Assistant in the CARD Bank temporarily with effect from 27.7.1998. Pursuant to the said appointment, the writ petitioner joined as Junior Assistant and was paid Rs. 2000/- on 11.1.1999 and Rs. 5000/- on 31.3.1999. With effect from 1.6.2000, she was not allowed to sign the daily attendance register. She submitted a representation dated 5.6.2000 before the Secretary, CARD Bank making a grievance that she was not ...
Tag this Judgment!Kotta Gopinarayan Choudhary Vs. State of Orissa
Court: Orissa
Decided on: Mar-28-2003
Reported in: 2003CriLJ4050; 2003(I)OLR494
ORDERL. Mohapatra, J.1. This revision has been filed against the order dated 3-3-2003 passed by the learned Assistant Sessions Judge, Bhubaneswar in S. T. 1/31 of 2003 framing charge for commission of offences under Sections 457, 380, 120-B, 411, 413, 414, 109 of the Penal Code.2. The case of the. prosecution is that on 5/6-11-2001 the accused Santosh Das alias Prakash Sahoo alias Pattanaik entered into the temple of Lord LingaraJ premises by scaling over the boundary wall from the Western side, broke open the locks of Dakhinaghar, Dakhinadwara of main temple, Bhandarghart Sivakali Temple, Kasiviswanath Temple, Parvati Temple, Bhubaneswari Temple and committed theft of gold and silver ornaments and sold the same to the present petitioner who received the same with the knowledge that the ornaments had been stolen. On completion of investigation, charge-sheet was submitted for commission of offences under Sections 457, 360, 120-B, 411, 413, 109, 414 of the Penal Code, After commitment, c...
Tag this Judgment!Sri Jagannath Temple Managing Committee and anr. Vs. Narayan Mohapatra
Court: Orissa
Decided on: Mar-27-2003
Reported in: 96(2003)CLT29
B. Panigrahi, J.1. This appeal is directed against reversing judgment and decree passed by the learned District Judge, Puri in Title Appeal No. 14/37 of 1984/83 dated 6th May, 1985 whereby and whereunder the plaintiff's suit for declaration of his right to place 'Bhogas' on 'Bada' bad Chhamu Kona Panti' was decreed.2. The case of the plaintiff-respondent is as follows :The plaintiff is one of the recognised Suara sebaya'ts of Lord Jagannath Temple, Puri who claims to have hereditary right to place his Bhogas in earthen pots on the Badabad Chhamu Kona Panti to offer the deity Bada Thakura Balabhadra Jew. According to the prevailing practice, Bhogas are usually offered daily at least four times which are known as Saka! Dhupa, Bhogamandap, Dwiprahara Dhupa and Sandhya Dhupa. Except the time of offering Bhogamandap the sebayat like Supakars, Suaras and Mahasuaras used to keep their cooked food in Handis (earthen pots) at a specified area within sanctum sanctorum which is locally known as '...
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