Orissa Court March 2004 Judgments
Executive Engineer, Power Plant Division No. 1 Vs. Presiding Officer, ...
Court: Orissa
Decided on: Mar-31-2004
Reported in: 98(2004)CLT268; [2004(102)FLR1122]
A.S. Naidu, J.1. The Executive Engineer, Power Plant Division No. 1, Bengali Division No. 1 has filed this writ application, inter alia, challenging the legality and propriety of the award passed by the Presiding Officer, Labour Court, Bhubaneswar in Industrial Dispute Case No. 42 of 1992. In the said award, the Presiding Officer held that the termination of the services of opposite party No. 2 as N.M.R. Helper by the, petitioner with effect from 31.3.1990 was neither legal nor justified and that opposite party No. 2 was entitled to be reinstated in service with full back wages from 31.3.1990 at the rate at which he was drawing last, till the date of re-employment under the organization. 2. Admittedly, opposite party No. 2 who was working as N.M.R. helper under the petitioner was dis-engaged. The dispute was initiated by the workman, inter alia, alleging that the order of termination was ab initio void as the provisions of Section 25-F of the Industrial Disputes Act were not followed. ...
Tag this Judgment!Bapu Alias Jyotikanta Parida Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-31-2004
Reported in: 2004(I)OLR551
S.B. Roy, C.J.1. By this writ petition the petitioner seeks to challenge the order of detention dated 25.7.2003 passed by the District Magistrate, Jagatsinghpur under Annexure-1 in exercise of the power conferred upon him by Sub-section (2) of Section 3 of the National Security Act, 1980 on the ground that the petitioner was acting in any manner prejudicial to the maintenance of public order. The impugned order of detention reads as under : 'OFFICE OF THE DISTRICT MAGISTRATE, JAGATSINGHPUR ORDER NO. 1509/Con. Dated 25.7.2003 Whereas, I Sri Brundaban Rath, District Magistrate, Jagatsinghpur has been directed in Government of Orissa, Home Department (Special Section) Order No. 2931/C dated 16.6.2003 to exercise powers conferred by Sub-section (2) of Section-3 of the National Security Act, 1980. Whereas, I am satisfied that with a view to prevent Sri Bapu @ Jyotikanta Parida, aged-24 years, Son of Sukadev @ Gajendra Parida of viliage-Sandhapur, P.S. Kujang, District-Jagatsinghpur, at p...
Tag this Judgment!Kumuda Chandra Naik Vs. State of Orissa
Court: Orissa
Decided on: Mar-31-2004
Reported in: 2004(I)OLR701
A.S. Naidu, J.1. This application has been filed invoking jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashing the order dated 19.7.2000 passed by the J.M.F.C, Khariar in 2(b) CC No. 5 of 2000 refusing to release a vehicle seized in connection with alleged commission of a Forest Offence.2. It was stated that the petitioner was the President of a Kalyan Samiti, namely, Maa Gandhini Krusak Kalayan Samiti, and a Commandar Jeep bearing registration number 0R-08-A-0067 was purchased for the said samiti in a Group Finance Scheme. The said jeep was purchased and registered in the name of the petitioner, he being the President of the Samiti. On the relevant date the said jeep was given on hire for carrying passengers, but then on its way the same was searched by Forest Officials and it was found that teak planks were being transported in it without permission of the concerned authorities. The Forester of Patialpara Section seized the said vehicle and forw...
Tag this Judgment!Smt. Laxmimani Sahu Vs. Jagabandhu Sahu and anr.
Court: Orissa
Decided on: Mar-29-2004
Reported in: 97(2004)CLT580; 2004(I)OLR603
ORDERP.K. Tripathy, J.1. Heard.2. This Writ petition is disposed of at the stage of admission without issuing notice to the defendants/opp. parties because of the fact that no order is passed detrimental to the interest of the said opp. party members, but the matter is remanded for consideration of the application under Order 26 Rule 1 of the Code of Civil Procedure filed by the plaintiff before the Civil Judge (Sr. Division), Bhadrak in Title Suit No. 8 of 1982 afresh and in accordance with law. However if the opposite party members shall feel aggrieved by the following order, then they may approach this Court within thirty days and in that event their grievance shall appropriately be considered.3. Order passed on 15.7.2003 in the said suit is under challenge. Learned Civil Judge has rejected the application on the ground that her earlier application for examination by Commission was rejected on 15.11.1994. That is the sole ground to reject the application under Order 26, Rule 1, CPC....
Tag this Judgment!Computer Lab Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-29-2004
Reported in: I(2005)BC513; 2004(I)OLR699
A.S. Naidu, J.1. M/s. Computer Lab, one of the firms which had submitted its bid to the Commercial Tax Department of the. Government of Orissa pursuant to its Tender Call Notice issued on 20.8.2003, has filed this Review Petition inter alia seeking review of the judgment of this Court dated 19.12.2003 in W.P. (C) No. 12510 of 2003 on the ground that the said firm will be highly prejudiced if the direction issued to Government would be implemented.2. It appears that the Review petitioner was not a party to the writ petition. It is alleged that the writ petitioner intentionally did not implead the review petitioner as an opposite party in the Writ Petition. Learned counsel for the writ petitioner at the other hand submitted that as no right had accrued to the review petitioner, it was not a necessary party to the writ petition. As a mater of fact, the writ petitioner challenged the order of rejection of its technical bid by the Commercial Tax Department. On the date of filing of the writ...
Tag this Judgment!Lalita Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-26-2004
Reported in: 2004(I)OLR619
A.S. Naidu, J. 1. In this writ petition, the petitioner who was working as an Anganwadi Worker at Gajabahal-I Anganwadi centre seeks to challenge the order dated 8.11.1999 passed by the District Social Welfare Officer, Kalahandi terminating her engagement. 2. According to the petitioner, she was not given any opportunity to meet the charges and the order grossly violates the principle of natural justice and equity. Relying upon the ratio of the decision of this Court in the case of Minati Sana v. State of Orissa and Yobati Nial v. State of Orissa, reported in 2001 (1) OLR page 340 and 477 respectively, learned counsel for the petitioner submitted that before dis-engaging the petitioner, the authorities were bound to issue show cause notice and to follow the principles of natural justice and equity. This having not been done, the order in Annexure-5 needs to be set aside.3. On receiving rule, a detailed counter affidavit was filed on behalf of the opposite parties 2 and 3. In the counte...
Tag this Judgment!Natabar Dalai Vs. Smt. Mami Kalia and anr. and Hulia @ Sulochanan Dala ...
Court: Orissa
Decided on: Mar-23-2004
Reported in: 97(2004)CLT593; 2004(I)OLR548
P.K. Tripathy, J.1. Heard2. In this writ petition, defendant No. 1 of Title Suit No. 460 of 1998 of the Court of Civil Judge (Jr. Division), Nimapara challenges to the order passed by that Court on 22.9.2003 in rejecting the application filed by defendant No. 1 for acceptance of two documents as evidence and to mark them as Exhibits on his behalf.3. It appears from Annexure 1, copy of the plaint, that plaintiffs have filed the suit seeking declaration of defendant No. 1 being the husband of plaintiff No. 1 and challenging to the status of defendant No. 2 as legally wedded wife of defendant No. 1 and for consequential relief relating to the suit schedule properties. Defendant No. 1 filed written statement contesting to the averments made by the plaintiffs. Both the parties being at issue, trial of the suit was taken up. In course of hearing, each of the parties adduced both oral and documentary evidence. At the stage of argument, defendant No. 1 the writ petitioner filed two documents, ...
Tag this Judgment!Kalu Bhola Vs. State of Orissa
Court: Orissa
Decided on: Mar-19-2004
Reported in: 2004CriLJ2322; 2004(I)OLR511
ORDERL. Mohapatra, J.1. The petitioner in this application under Section 482 of the Code of Criminal. Procedure has prayed for a direction to the trial Court to delete and ignore the subsequent corrections made in the deposition of P. W. 2 by the ex-Presiding officer in S. T. Case No. 2/23 of 2002 pending in the Court of learned Additional Sessions Judge, Khurda.2. The petitioner and some other accused persons are facing trial for commission of offence under Section 302 of the Indian Penal Code apart from other offences. The case of the prosecution as revealed in the F. I. R. is that on 13-1-1996 at about 7 p. m. the deceased having decided to have holy snana during 'Makar' left her husband in the house of one Golekha bhola and while coming she heard the accused persons discussing and threatening to kill her. The informant also having heard the said discussion advised the deceased to go back to the house of Golekha Bhola. At that point of time accused Binod bhola fired by means of gun ...
Tag this Judgment!The Oriental Insurance Co. Ltd. Vs. Rajani Parida and anr.
Court: Orissa
Decided on: Mar-19-2004
Reported in: 2006ACJ690; 98(2004)CLT175; [2004(102)FLR88]; 2004(I)OLR521
M.M. Das, J.1. This appeal has been preferred by the Oriental Insurance Co. Ltd. under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the 'Act') against the judgment dated 25.6.1999 passed in W. C. Case No. 64 of 1996. The said W.C. Case was filed by respondent No. 1, wife of the deceased driver late Harichandra Parida.2. The case of the claimant- respondent No. 1 was that her husband was working as a driver under respondent No. 2 and was engaged in driving a TRAX bearing registration No. OR-18-0624. On 17.2.1996 at about 11.00 P.M. while the deceased was driving the said vehicle and coming from Rayagada to Gupteswar, on the way, met with an accident, as a consequence of which the deceased sustained severe bodily injuries and died at the spot. On notice being issued, the appellant-insurer and respondent No. 2, the owner of the vehicle, appeared before the Commissioner for Workmen's Compensation-cum-Joint Labour Commissioner, Jeypore and filed their writt...
Tag this Judgment!Shri Mahadev Bisi and ors. Vs. Niranjan Bisi
Court: Orissa
Decided on: Mar-19-2004
Reported in: 98(2004)CLT357
M.M. Das, J.1. The plaintiffs in a suit for declaration of right, title, interest and confirmation of possession over the suit land, have preferred this appeal against the judgment passed by the learned lower Appellate Court remanding the case to the trial Court to decide the suit afresh.2. The appellant-plaintiffs filed Title Suit No. 43 of 1993 before the learned Civil Judge (Junior Division), Sonepur for declaration of their right, title, interest and confirmation of possession over the suit land described as 'Ata Sadharana', Plot No. 448/662 having an area of Ac. 0.852 decimals in Khata No. 94/23 of Mouza Baghia, P.S. Tarava, under Sonepur Tahasil, in the district of Sonepur.3. It is admitted case of the parties that one Paramananda Mishra being the owner of Ac. 10.00 acres of land including plot No. 448 executed four sale deeds on 23.3.1981 in favour of the plaintiffs, the brother of plaintiff Nos. 2 and 3, the defendant and the brother of the defendant, transferring equal parts m...
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