Orissa Court December 2004 Judgments
Dr. Birendra Kumar Nayak and ors. Vs. the Registrar, Utkal University ...
Court: Orissa
Decided on: Dec-17-2004
Reported in: 99(2005)CLT228; 2005(I)OLR66
P.K. Mohanty, J.1. Petitioners in this batch of Writ Petitions were appointed as Professors in different Post Graduate Departments of Utkal University under Career Advancement Scheme, introduced by the University Grants Commission and adopted by the State Government as well as the University, with effect from 31.12.1999 pursuant to the decision of the Syndicate dated 27.6.2001. They are aggrieved by and call in question the Order dated 3.1.2004 of the Registrar, utkal University reverting and placing them in the grade of Readers in their respective Departments with retrospective effect from 31.12.1999 on the ground of adverse entry in their A.C.Rs. in view of the order of the Chancellor of the University. On the prayer and consent of the Learned Counsel for the parties, since common question of law and almost similar set of facts are involved in all the Writ Petitions, they were heard analogously and are disposed of by this common judgment.2. The undisputed fact of these cases is that ...
Tag this Judgment!Prasanta Kumar Das Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-17-2004
Reported in: 99(2005)CLT137
A.K. Patnaik, J.1. This is a public interest litigation filed under Article 226 of the Constitution by Shri Prasanta Kumar Das, a social activist. He has stated in the petition that he has heard discussions at Cuttack, Bhubaneswar, Balasore, Bhadrak and Dhenkanal that counterfeit Court-fees are being used by some well known lawyers and unscrupulous litigants in several litigations in these areas. The petitioner prayed for directing the Central Bureau of Investigation (for short, 'the C.B.I.') to make a thorough investigation into the use of such counterfeit Court-fees in different litigations in the High Court and in the Sub- ordinate Courts throughout the State.2. On 1.5.1998, the Court issued notice and further directed that a copy of the petitioner be served on the Registrar (Judicial) of the High Court. On 3.7.1998, the Court directed the Registrar (Judicial) to submit a report and also directed the State of Orissa to file a counter-affidavit. On 17.7.1998, the Court directed that ...
Tag this Judgment!Santilata Tripathy and anr. Vs. Krushnapriya Pani @ Tripathy
Court: Orissa
Decided on: Dec-16-2004
Reported in: 99(2005)CLT542
A.S. Naidu, J.1. Petitioners are defendants in C.S. No. 42/2002 pending in the Court of Learned Civil Judge (Senior Division), Angul.2. This Writ Petition has been filed assailing the Orders dated 15.12.2003 and 25.3.2004 passed in the said suit rejecting the applications filed by Petitioner No. 1 under Order VI, Rule 17 read with Order VIII, Rules 6-A and 9 of the Civil Procedure Code for amendment of the written statement and shifting the burden on the defendants to begin the evidence first. It is alleged in the plaint that after the premature death of late Ruchir Kumar Tripathy his wife Krushnapriya Pani @ Tripathy-Opposite Party No. 1 as plaintiff filed C.S. No. 42/2002 praying for recovery of half share out of the three matured L.I.C. Policies held by her late husband. Petitioner No. 2 had allegedly withdrawn the amounts on 19th March, 2001 as nominee in the said policy. The defendants appeared and filed their written statement repudiating the averments made in the plaint. After w...
Tag this Judgment!Nibedita Sahu Vs. Sambalpur University and ors.
Court: Orissa
Decided on: Dec-15-2004
Reported in: 99(2005)CLT313; 2005(I)OLR79
P.K. Mohanty, J.1. The petitioner had appeared at the Part-!! M.A. (Oriya) Examination, 1998 conducted by the Sambalpur University as a student of Panchayat College, Bargarh. Part-ll consisted of four papers, i.e., Papers V, VI, VII and VIII out of which Papers VII and VIII were special papers in which a candidate is required to opt for any of the groups and the petitioner opted for Group-E in the aforesaid special papers. Group-E consisted of Oriya 'Sahityara Dharmadhara' and 'Oriya Baishnab Sahitya.' Accordingly, the petitioner filled up her form with Group-E in special papers VII and VIM. While appearing at the examination in the said papers, the found to her utter surprise that the question papers did not contain any question from Group-E subjects opted by her. Finding no other alternative, she attempted to answer questions from other Groups and answered the same to the best of her. ability and made a representation to the Controller of Examinations intimating the fact that the que...
Tag this Judgment!Smt. Bayani @ Budhimani Malik Vs. Smt. Dukhamani Dei and ors.
Court: Orissa
Decided on: Dec-15-2004
Reported in: 99(2005)CLT452
L. Mohapatra, J.1. This Writ Application is directed against the Order dated 9.4.2002 passed by the Learned Civil Judge (Senior Division), Balasore in O.S. No. 926 of 2000 rejecting the petition filed under Order 1, Rule 10 of the Code of Civil Procedure.2. As it appears from the record the Opp. Parties 1 to 5 have , filed the suit for partition of 'B' Schedule property by metes and bounds and for passing a preliminary decree holding the 'C' Schedule property as the purchased property of the plaintiffs-Opp. Party Nos. 1 to 5 apart from other reliefs. Before the contesting Defendants 1 and 2 filed the written statement, the present petitioner filed an application under Order 1, Rule 10, CPC to be impleaded as defendant on the ground that she is the sister of Defendants 1 and 2 and as such she is a necessary party in the suit. The said application having been rejected, this Writ Application has been filed.3. The Learned Counsel appearing for the petitioner submitted that the plaintiffs-o...
Tag this Judgment!Principal Chief Conservator of Forest and anr. Vs. Sachala Majhi
Court: Orissa
Decided on: Dec-15-2004
Reported in: II(2005)ACC695; 2006ACJ1428; [2005(105)FLR47]; 2005(I)OLR137
L. Mohapatra, J. 1. The aforesaid two appeals are directed against the award passed by the Commissioner under Workmen's Compensation Act in W.C. Case No. 27 of 2000 directing payment of Rs. 1,42,680/- as compensation.2. FAO No. 46 of 2003 has been filed by the opposite parties in the W.C. case challenging the award, whereas FAO No. 156 of 2003 has been filed by the claimant for enhancement of the compensation amount as well as for grant of interest.3. As it appears from the record, the claimant who is wife of the decreased-Bhagaban Majhi filed an application before the Commissioner, Workmen's Compensation, Angul claiming compensation on the ground of death of her husband while on duty. Case of the claimant is that her deceased-husband Bhagaban Majhi was working as Forest Guard in Angul Forest Division. On 25.4.1999 morning while he along with Forester Jayakrishna Garnaik were returning to Range Office in a motorcycle, he was assaulted to death by a group of people involved in commissio...
Tag this Judgment!Food Corporation of India Workers' Union Vs. Food Corporation of India ...
Court: Orissa
Decided on: Dec-13-2004
Reported in: 99(2005)CLT150; (2005)IILLJ753Ori; 2005(I)OLR205
A.K. Patnaik, J.1. These two Writ Petitions have been filed under Article 226 of the Constitution by the Food Corporation of India Workers Union for a Writ/direction on the Food Corporation of India to pay wages to the workers in cash and not in cheque.2. The facts relevant for disposal of these Writ Petitions briefly are that by a circular dated 7th June, 2001 the Manager (I.R.-Labour) Food Corporation of India, Headquarters, New Delhi, informed all Zonal Managers and Senior Regional Managers of the Food Corporation of India that it had been brought to the notice of the Headquarters of the Food Corporation of India that for disbursement of salary to the departmental/D.P.S. workers huge cash is to be drawn from the Banks which involves a risk of loss of money due to robbery, dacoity, etc. besides a threat of security to the staff/cashier carrying such money and that the matter has been examined in consultation with the Finance and it had been decided that the salary/wages will be disbu...
Tag this Judgment!Rushinath Rout Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-13-2004
Reported in: 99(2005)CLT402
L. Mohapatra, J.1. The petitioner who is Naib-Sarpanch of Raisuan Grama Panchayat in the District of eonjhar has filed this Writ Application challenging the Order dated 3.8.2004 passed by the Sub-Collector, Keonjhar adjourning the date of meeting of the Grama Panchayat for holding no-confidence motion against him from 12.8.2004 to 23.8.2004.2. Case of the petitioner is that after retirement from Government service he was elected as Naib-Sarpanch of Raisuan Grama Panchayat in the District of Keonjhar. Grama Panchayat is represented by 18 Ward Members and 13 Ward Members out of them connived with the Srapanch and having taken a decision to remove the petitioner from the post of Naib-Sarpanch brought a requisition against the petitioner for holding no-confidence motion. On receipt of the requisition the date of no-confidence motion was fixed to 12.8.2004 at 11 A.M. Before the said date the impugned Order dated 3.8.2004 was passed adjourning the meeting for no-confidence motion from 12.8.2...
Tag this Judgment!Golakha Chandra Panda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-13-2004
Reported in: III(2005)ACC222; [2005(104)FLR794]; 2005(I)OLR106
A.K. Patnaik, J.1. The petitioner was appointed as a Chairman in the Office of the Cuttack Major Settlement at Cuttack on job contract basis and has been working as such in the said office for more than sixteen years. Since his appointed is on job contract basis, he is not a regular employee of the State Government and accordingly the rules and the Service Code applicable to Government servants are not applicable to the petitioner. In the year 1992, the petitioner was posted at Talajanga Camp to work as Chairman under the Assistant Settlement Officer, Balarampur Second Centre, Talajanga, by office order dated 12.8.1992. The petitioner has stated in the writ petition that on 6.2.1993 while he was returning from the village after meeting the tenants and telling them to attend the camp, he met with an accident and his left leg got fractured and he was taken to the Camp by the local people, but the camp officer did not help him in any way and only advised him to take rest in the camp. Ther...
Tag this Judgment!Larsen and Toubro Ltd. Vs. Income Tax Officer (Tds)-cum-tax Recovery O ...
Court: Orissa
Decided on: Dec-13-2004
Reported in: (2005)199CTR(Ori)680; [2005]278ITR369(Orissa); 2005(II)OLR421
ORDER1. Heard Mr. B.K.Mohanty, learned counsel for petitioner and Mr. A.K.Mohapatra, learned Standing Counsel for the Income Tax Department.2. The petitioner, Larsen & Toubro Limited has its registered office at Mumbai and Regional Office at Calcutta. The petitioner also has a project office at Balasore where the petitioner has undertaken some project works through Sub-Contractors. Under Section 192 of the Income Tax Act, the Officers of the petitioner's Company are required to deduct income tax from the salaries payable to its employees and deposit the same in the Income Tax Department. Under Section 194-C of the said Act, the Officers of the petitioner's Company are required to deduct income tax payable to Sub-Contractors and deposit the same with the Income Tax Department. Since in respect of the employees and the Sub-Contractors engaged in the project undertaken by the petitioner at Balasore, deductions as provided in Section 192 and Section 194-C of the Income Tax Act, 1964 were n...
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