Orissa Court November 2004 Judgments
Rasida Khatun and anr. Vs. Sk. Islam and anr.
Court: Orissa
Decided on: Nov-30-2004
Reported in: AIR2005Ori56; 99(2005)CLT309
P.K. Tripathy, J.1. Both the above appeals are against the judgment delivered on 4.2.2000 in Civil Proceeding No. 42 of 1993 of the Court of Judge, Family Court, Cuttack. Petitioners in the said Civil Proceeding are the appellants in Civil Appeal No. 11 of 2000 whereas respondents in that Civil Proceeding are the appellants in Civil Appeal No. 19 of 2000. For the sake of convenience, appellants in Civil Appeal No. 11 of 2000 are hereinafter referred to as the petitioners and appellants in Civil Appeal No. 19 of 2000 are referred to as respondents.2. Parties to the proceeding are Mahomedans belonging to the Islamic faith and they are governed by their personal law. Petitioner No. 1 claims to be the legally married wife of Respondent No. 1 and the Petitioner No. 2 to be the male child born out of the wedlock. Respondent No. 2 is the father of Respondent No. 1. Petitioner No. 1 filed an application for invoking the jurisdictions of the Family Court under Section 7(1)(b) read with (e) of t...
Tag this Judgment!Pratap Kumar Rath Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-25-2004
Reported in: 99(2005)CLT65
N. Prusty, J.1. The petitioner, who was Respondent No. 3 in O.A. No. 1712 of 2002 pending before the Orissa Administrative Tribunal, Principal Bench, Bhubaneswar filed by one Susanta Kumar Das, has filed this present Writ Application challenging the Order dated 16.7.2004 passed in M.P. No. 1244 of 2003 filed by the State Government for obtaining leave to fill up the post of Professor in Surgery Department.By Order dated 9.5.2003 the Tribunal directed as follows :'If such a DPC meeting is held and if any of the respondents is promoted as Professor then his continuance in the post beyond 15.7.2003 shall be with the leave of the Tribunal.'Opposite Party No. 4 has mainly contested this case along with the State Government. The above Order dated 9.5.2003 was modified on an application filed by the State Government, that is, Misc. Case No. 1244 of 2003 by Order dated 16.7.2004 granting leave to the state to fill up the post of Professor in Surgery. The present petitioner was one of the benef...
Tag this Judgment!Sri Ramkrishna Vivekananda Educational Trust Vs. Registrar, Debt Recov ...
Court: Orissa
Decided on: Nov-25-2004
Reported in: AIR2005Ori75
M.M. Das, J. 1. The writ petitioner has assailed the auction notice published on 28-12-2003 by the Recovery Officer, Debt Recovery Tribunal, Cuttack under Annexure-4 and the order dated 21-10-2003 under Annexure-5.2. The petitioner in the writ application has averred that he, as a Trustee entered into an agreement on 15-1-2001 for purchase of land with one Biswanath Chandak-O. P. No. 2 for which the said Opp. party accepting Rs. 1,00,000/- as advance out of the consideration money settled at Rs. 7,00,000/- agreed to sell Plot No. 310/538 under Khata No. 38 measuring Ac. 1.00 decimals situated in mouza Jamuna Naki in the district of Sundargarh to Shri Ramakrishna Vivekananda Educational Trust, represented by the petitioner and delivered possession of the said land to the petitioner. The petitioner alleges that the said agreement was executed by Shri Sajal Kumar Roy, the power of Attorney holder of Opp. party No. 2 who also has been paid the balance Rs. 6,00,000/- on 25-4-2001 by the pet...
Tag this Judgment!Rabindra Nath Sethy Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-19-2004
Reported in: 99(2005)CLT337
P.K. Mohanty, J.1. The petitioner calls in question the Office Order in Annexure-1 posting him as a Laboratory Attendant and has prayed for quashing the same and directing the opposite parties not to interfere with his continuance as a Mechanic in the College.2. The petitioner's case in brief is that he was appointed as a Laboratory Attendant in the Physics Department of Kendrapara College, by Order dated 29.6.1977, which he joined on 1.7.1977. He was promoted to the post of Mechanic provisionally subject to approval of D.P.I. and subject to other conditions by Order dated 13:9.1978. Principal submitted detailed particulars of non-teaching staffs of the college along with the name of the petitioner to the Deputy Director for approval of their appointment for the purpose of release of grant-in-aid. The D.P.I. in his Office Order communicated in letter dated 7.4.1981 approved his appointment with effect from 1.9.1978 along with others. The Deputy Director (NGC-1) in his Order dated 23.11...
Tag this Judgment!Managing Committee of Rameswar Girls' High School Vs. State of Orissa ...
Court: Orissa
Decided on: Nov-19-2004
Reported in: AIR2005Ori81
P.K. Mohanty, J.1. The petitioner is the Managing Committee of Rameswar Girls' High School, Brahmanbadi in the district of Jagatsinghpur, an unaided educational institution within the meaning of Section 3(p) of the Orissa Education Act, 1969 represented through its Headmistress and assails the order of the Inspector of Schools, Jagatsinghpur dated 7-6-2003 asking the Headmaster of R. K. Bidyamandir to conduct an enquiry into the alleged mismanagement of the institution and if necessary to convene a General Body meeting for election of new members of the Managing Committee, copy of which is Annexure-4. Prayer is also made for a direction commanding the opposite parties to allow the present Managing Committee constituted with the approval of the Director, Secondary Education in Annexure-1 till completion of its full term, i.e. 8-4-2005.2. The brief facts of the petitioner's case are that Rameswar Girls' High School at Brahmanbadi in the district of Jagatsinghpur is a recognized education...
Tag this Judgment!Girish Chandra Ray Vs. Umakanta Mohanty and ors.
Court: Orissa
Decided on: Nov-19-2004
Reported in: 99(2005)CLT662
A.S. Naidu, J. 1. This Writ Petition has been filed invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India, assailing the Order dated 5.4.2004 passed by the Civil Judge (SD), Puri in C.S. No. 182 of 2003.2. The petitioner as plaintiff has filed the aforesaid suit under Section 6 of the Specific Relief Act with a prayer for recovery of possession. Notice in the suit was issued to the defendants and the suit was posted to 11.12.2003 for filing of written statement. Unfortunately on the said date on B. B. Misra, a Senior Advocate of Puri Bar expired. The advocate on record for the defendants in the suit was attached to the office of said B. B. Misra. Due to the sad demise of the Senior Advocate, the advocate for the defendants could neither appear nor could file the written statement. Consequently the defendants were set ex parte and the suit was adjourned to 5.2.2004 for ex parte hearing. On the said date the written statement was filed along with ...
Tag this Judgment!Brooke Bond Lipton India Ltd. Vs. Brooke Bond Sramik Union
Court: Orissa
Decided on: Nov-18-2004
Reported in: 99(2005)CLT244; [2005(105)FLR256]; (2005)IILLJ185Ori
A.S. Naidu, J.1. The pertinent question that arises for determination in the aforesaid A.H.O. as well as the Writ Applications is whether an office-bearer of a worker's union, who is not a workman under the Management can represent the said union in an industrial dispute pending before the Labour Court/Industrial Tribunal.2. The Brooke Bond Lipton India Limited has filed A.H.O. No. 203 of 2001 assailing the judgment passed by a Learned Single Judge of this Court in OJC No. 5269 of 2001 declining to interfere with the Order dated 7th March 2001 passed by the Industrial Tribunal, Orissa, Bhubaneswar in I.D. Case No. 102 of 1995 permitting the Vice-president of the Brooke Bond Shramik Union to represent the body of the workmen in the aforesaid I.D. Case.3. The other Writ Applications have been filed either by the Managements or by the Workmen's Unions assailing the conflicting orders passed by the Industrial Tribunal in different I.D. Cases, either permitting the office-bearers of the Uni...
Tag this Judgment!Kalinga Carbonates Ltd. and anr. Vs. Orissa State Prevention and Contr ...
Court: Orissa
Decided on: Nov-18-2004
Reported in: 2005CriLJ1512
ORDERA.K. Parichha, J.1. The petitioner is the Managing Director of M/s. Kalinga Carbonates Ltd., situated at Chandaka Nucleus Industrial Complex, Sector-B, Patia, Bhubaneswar in the District of Khurda. He was prosecuted under Section 37(1) of Air (Prevention and Control of Pollution) Act 1981, hereinafter referred to as 'the Act', in short, for operating the industrial unit, without obtaining prior consent and clearance of the Orissa State Prevention & Control of Pollution Board, in short, 'Board'.2. During the course of trial, the petitioner filed a petition on 17-7-1997 praying the Court to direct the complainant (present opposite party) to cause production of the documents of the XXVII meeting of the Board held on 31-10-1990 for proper and effective adjudication of the case. Opposite party filed objection indicating that such document cannot be made available as disclosure of some of the reports and resolutions will be against public interest and that the documents called for by th...
Tag this Judgment!Pratap Kumar Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-17-2004
Reported in: 2005(I)OLR10
P.K. Mohanty, J.1. The petitioner, President of Sri Aurobinda Study Circle, Phulbani calls in question the letter dated 16.6.1998 of the Collector, Kandhamal, Phulbani (Annexure-2) requiring the petitioner to comply with the suggestions made therein, failing which, the action as per law is to be initiated, as illegal, arbitrary and unauthorized.The petitioner's case in short is that Shri Aurobinda Integral Education and Research Centre is a unit of Shri Aurobinda Study Circle and is registered under the Societies Registration Act and governed by its memorandum and Articles of Association. The Collector, who has no authority nor the Registrar of the Societies in terms of the Societies Registration Act has issued the impugned letter under Annexure-2, unnecessarily interferring in the internal administration of the society and, as such, the same should be quashed. Opposite Party No. 2 has filed a counter affidavit and it is submitted that on receipt of several allegations, an enquiry was ...
Tag this Judgment!Smt. Dipti Roy Etc. Vs. State
Court: Orissa
Decided on: Nov-17-2004
Reported in: [2005(104)FLR1116]
A.S. Naidu, J.1. According to Justice Gajendaragadkar (as he then was) in the case of University of Delhi v. Ram Nath : 1963 (7) FLR 177 (SC).Education seeks to build up the personality of the people by assisting his physical, intellectual, moral and emotional development.2. Supreme Court as long back as in 1993 in the case of Unni Krishnan J.P. v. State of Andhra Pradesh : AIR 1993 SC 2178, observed:A true democracy is one where education is universal, where people understand what is good for them and the nation and know how to govern themselves. The three Articles 45, 46 and 41 are designed to achieve the said goal among others. It is in the light of these Articles that the content and parameters of the right to education have to be determined. Right to education, understood in the context of Articles 45 and 41, means: (a) every, child/citizen of this country has a right to free education until he completes the age of 14 years, and (b) after a child/citizen completes 14 years, his ri...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »