Orissa Court July 2004 Judgments
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Thogorani Alias K. Damayanti Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-20-2004
Reported in: 2004CriLJ4003
M.M. Das, J.1. Petitioner is the victim lady and the informant in Sessions Case No. 20 of 2002 corresponding to G. R. Case No. 225/2001 pending in the Court of Addl. Sessions Judge, Gajapati, Parlakhemundi.2. The matrix of this case, bereft of unnecessary details is that the petitioner lodged an F.I.R. before Parlakhemundi Police Station on 16-7-2001 alleging therein that when she was 14 years of age, the opposite party No. 3 developed relationship with her giving assurance of marriage and cohabitated with her. As a consequence of the same, a female child was born to her who is now aged about two and half years and by the time of lodging the F.I.R. she conceived for the second time through opp. party No. 3. She further alleged in the F.I.R. that the family members of opposite party No. 3 were threatening and forcing her to forbear from such relationship with opposite party No. 3 and at a point of time even offered her Rs. 10,000/- for aborting the child which she conceived through the ...
Shri Shyam Sundar Parija Vs. Orissa State Road Transport Corporation a ...
Court: Orissa
Decided on: Jul-16-2004
Reported in: 98(2004)CLT208; [2004(102)FLR1125]
L. Mohapatra, J. 1. The petitioner, a retired employee of the Orissa State Road Transport Corporation-opposite party No. 1 has filed this writ application for a direction to the opposite parties to pay the following retirement dues :(i) Arrear differential amount on D.As. revised pay and house rent Rs. 38,609.00.(ii) Arrear. differential amount on unutilized leave calculated or revised pay with effect from 1.1.1996 - Rs. 23,852.00(iii) Gratuity Rs. 1,00,000.00 along with interest at the rate of 18% from the date of retirement.2. The case of the petitioner is that he was appointed as A.T.M. in the Orissa Road Transport Corporation on 27.1.1961 and while working under the Company, he was promoted to the post of Traffic Manager/District Transport Manager. By notification dated 14.8.1990 issued by the Department of Commerce and Transport (Transport), Orissa Road Transport Company was taken over by the Orissa State Road Transport Corporation, opposite party No. 1 with effect from 16.8.1990....
Sri Khageswar Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-16-2004
Reported in: 98(2004)CLT436
L. Mohapatra, J.1. The petitioner in this writ application has prayed for:(i) direction to the opposite parties to issue No Demand Certificate in his favour for the purpose finalisation of his DCRG;(ii) direction to the opposite parties to release the withheld amount of Rs. 19,082/- from the Gratuity along with interest at the rate of 18% per annum; and(iii) issuance of a writ quashing Annexures 2, 5, 8, 9, 11, 12, 14, 15, 16, 20 and 21 series.2. The petitioner was working as a Driller in the Orissa Lift Irrigation Corporation and was serving at Baripada and who refired on attaining the age of superannuation with effect from 28th February, 1995. Few days before retirement, the Junior Engineer, Lift Irrigation (M) Sub-Division, Baripada vide office letter dated 21.2.1995 intimated the Assistant Engineer, LI(M) Sub-Division, Baripada that there was shortage of materials (52 items) and the petitioner was responsible for such shortage. Thereafter, the petitioner by letter dated 23.6.1995 w...
Smt. Sabita Praharaj Vs. Smt. Gitarani Praharaj and ors.
Court: Orissa
Decided on: Jul-16-2004
Reported in: 2004CriLJ3975
ORDERA. K. Parichha, J.1. The petitioner, who is accused No. 4 in ICC Case No. 64 of 2003 on the file of the J.M.F.C., Jaleswar has challenged the order dated 23-4-2004 passed by the learned Magistrate in the aforesaid complaint case. By the impugned order, the learned Magistrate has rejected the petition filed by the petitioner for staying the further proceedings of the said complaint case.2. The fact of the case, in short, is that opposite party No. 1 filed a complaint case bearing ICC Case No. 64 of 2003 in the Court of the learned J.M.F.C., Jaleswar arraigning the petitioner and opposite parties 2 to 6 as accused persons. After enquiry, the learned J.M.F.C. took cognizance of the offence under Sections 498-A, 323, 506/354, I.P.C. The petitioner-accused No. 4 filed a petition before the learned Magistrate under Section 210 of the Code of Criminal Procedure to stay the further proceedings of the complaint case on the ground that investigation is pending before the police authorities ...
Executive Engineer, Rural Works Division Vs. Addl. District Magistrate ...
Court: Orissa
Decided on: Jul-16-2004
Reported in: 98(2004)CLT678; (2005)IILLJ32Ori
L. Mohapatra, J. 1. The Executive Engineer, Rural Works Division, Mayurbhanj has filed this writ application challenging the order in Annexure 1 passed by the learned Addl. District Magistrate and Authority under the Minimum Wages Act, 1948 in Minimum Wages Case No. 8 of 1995 directing the petitioner to pay arrear differential wages for the period from July, 1990 till February, 1994 for an amount of Rs. 90,05,640/-.2. The Opp. Parties 2 to 68 filed an application under Section 20(2) of the Minimum Wages Act, 1948 before the Authority under the Minimum Wages Act for determination of the defaulted amount of wages and claimed payment of Rs. 905640/- towards differential wages as well as compensation calculated at ten times of the amount due at of Rs. 90,56,400/-. The case of the said opposite parties is that they were engaged as D.L.R./casual Labourers by the petitioner and were working as such in six Engineering Sub-Divisions under different S.D.Os. and Junior Engineers. According to the...
Sourindra Narayan Bhanja Deo Vs. Member, Board of Revenue and ors.
Court: Orissa
Decided on: Jul-14-2004
Reported in: 98(2004)CLT397
B.P. Das, J.1. The petitioner has filed this writ petition under Articles 226 and 227 of the Constitution with the following prayers :(i) to quash the proceeding initiated in Resumption Case No. 2 of 1993 in respect of the disputed Khasmahal leasehold land pending before the Collector, Puri;(ii) to quash the order of the Member, Board of Revenue under Annexure-5, sanctioning the resumption; and(iii) to direct opposite parties 2 and 3 to settle the said land permanently with the petitioner and his brothers, opposite parties 5 and 6, with heritable and transferable rights in terms of Section 3(4)(c) of the Orissa Government Land Settlement Act, 1962.2. The brief facts leading to this writ application as delineated tend to reveal that the petitioner's father Raja Sailendra Narayan Bhanja Deo was the lessee in occupation of the case land in Mouza Bankimuhan (Unit No. 26) Tahasil - Puri Sadar under a Khasmahal Lease, the extent of which was Ac. 1.566. The said lease was subsisting on 19.7.1...
Bhagaban Behera and ors. Vs. Presiding Officer, Industrial Tribunal an ...
Court: Orissa
Decided on: Jul-14-2004
Reported in: 98(2004)CLT652; [2005(104)FLR286]
L. Mohapatra, J. 1. This writ application is directed against the award dated 2.2.1995 passed by the Industrial Tribunal, Orissa, Bhubaneswar in I.D. Case No. 2 of 1993.2. The workmen are the petitioners before this Court. The petitioners were engaged as Khalasis under the erstwhile Rural Engineering Organisation (re-named as Minor Irrigation Department) of Dhenkanal Division. The Petitioner No. 1 was engaged on 15.7.1962, Petitioner No. 2 on 1.2.1973, Petitioner No. 3 on 1.9.1972, Petitioner No. 4 on 2.9.1968 and Petitioner No. 5 on 1.2.1967. They were allowed to continue as NMR employees till the year 1984 when the Chief Engineer, Minor Irrigation issued a letter to the Executive Engineer or 22.3.1984 directing to retrench all work charged employees irregularly appointed after 1.11.1973 with effect from 1.4.1984. Even though the petitioners were engaged on 1.11.1973 all of them were retrenched by May, 1984. The petitioners 1 to 3 approached this Court in O.J.C. No. 1572 of 1984 and p...
Biswanath Rice Mill Vs. Orissa State Financial Corporation and ors.
Court: Orissa
Decided on: Jul-14-2004
Reported in: AIR2004Ori191
A.K. Patnaik, J.1. The petitioner applied to the Orissa State Financial Corporation (herein after referred to as 'OSFC') for a loan of Rs. 40,000/- for establishing a rice mill at Kunjabihari Prasad. The OSFC agreed to grant a loan of Rs. 27,000/- for the aforesaid purpose and, as per the terms and conditions of the loan, the petitioner was to re-pay the said loan over a period of seven years by 12 half yearly instalments with interest at the rate of 13% and rebate of 2% per annum for timely payment. After receiving the said loan of Rs. 27,000/- the petitioner installed a rice huller in his premises. Since, the petitioner defaulted in repaying the loan and interest as per the terms and conditions of the loan granted by the OSFC, the OSFC seized the unit of the petitioner and thereafter advertised in the Oriya daily 'The Samaja' dated 28-2-1993 for auction sale of the said unit of the petitioner. There was no response from any purchaser pursuant to the said advertisement. In 1995, howev...
Orissa Pisciculture Development Corporation (Opdc) Limited Vs. Indian ...
Court: Orissa
Decided on: Jul-09-2004
Reported in: 98(2004)CLT440
A.S. Naidu, J.1. The order passed by the District Judge, Khurda in Arbitration Appeal No. 89 of 2003 rejecting a petition filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') is impugned in this appeal.2. The question that arises for consideration is whether Section 5 of the Limitation Act is applicable to an application made under Section 34 of the Arbitration and Conciliation Act, 1996.3. Admittedly the appellant-Corporation entered into an agreement with the respondents on 26.3.1993. Certain disputes cropped up between the appellant and respondent No. 2 (Indian Oil Corporation) in respect of sell of petroleum products. In consonance with Clause 18 of the agreement the said dispute was referred to a sole arbitrator. The said arbitrator gave his award on 27.2.2002. Being aggrieved by the award, the appellant filed an Appeal under Section 34 of the Act before the District Judge, Khurda on 25.2.2003 with a prayer t...
Bilkesh Parveen Vs. the Board of Trustees, Kala Vikash Kendra Foundati ...
Court: Orissa
Decided on: Jul-09-2004
Reported in: 99(2005)CLT163
A.K. Patnaik, J.1. Kala Vikash Kendra, Cuttack (for shot, 'KVK') is a society governed by the Societies Registration Act and has been founded by Late Babulal Doshi for promoting dance, music and drama. KVK runs, inter alia, Trupti Ghosh Working Women's Hostel (for short, 'the hostel'). The petitioner is a Lecturer in English in Tangi Mahavidyala of Cuttack district and has been staying in the hostel to pursue her research in the subject under the Utkal University. The Opp. Party No. 3, Secretary of KVK issued a notice dated 30.9.2003 to the petitioner asking her to vacate the hostel by the 10th of October, 2.003. In the said notice, the Opp. Party No. 3 has stated that the petitioner was allowed to stay few months more and she was advised to make alternative arrangement. The petitioner has filed this Writ Petition under Article 226 of the Constitution praying for setting aside the said notice dated 30.9.2003 issued by the Opp. Party No. 3.2. On 8.10,2003 a Learned Single Judge of this ...
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