Orissa Court August 2004 Judgments
Scion Computers Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-31-2004
Reported in: AIR2005Ori1; II(2005)BC46; 98(2004)CLT522
L. Mohapatra, J. 1. The aforesaid two writ applications involve same fact and law and, therefore, both the writ applications were heard together.2. The petitioners in both the writ applications have challenged the tender call notice in Annexure 1 to W.P.(C) No. 10634 of 2003 on the ground that without allowing them to complete the work entrusted to them pursuant to an earlier tender, the balance work could not be put to fresh tender.The case of the petitioners in both the writ applications is that in an open advertisement issued by the Director, Land Records and Surveys, Board of Revenue, Orissa, Cuttack tenders were invited for the work 'Data Entry for Computerisation of Land Records' for all the Tahasils of the State and the petitioners had submitted their tenders. The petitioner in W.P.(C) No. 10463 of 2003 was awarded the work for two districts i.e. Balasore and Jajpur and entered into an agreement so far as Balasore district is concerned, on 18.9.1998. So far as Jajpur district is...
Tag this Judgment!Bhada Majhi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-31-2004
Reported in: 98(2004)CLT630
ORDERP.K. Tripathy, J. 1. On 26.8.2004, following order was passed by this Court:'Heard in-part. Since both the parties want to obtain instructions relating to the date by which show cause can be filed by the petitioner and the duration of time which the Opp. Party will take to complete the enquiry of the D.P., therefore, list this case for admission on coming Tuesday (31.8.2004).'2. In compliance thereof, learned Addl. Government Advocate produces a Fax Message received from the Under Secretary to Government regarding the expected time for disposal of the Disciplinary Proceeding initiated against the writ petitioner. In that respect, Mr. Bhada Majhi v. State of Orissa and Ors. Indrajit Mohanty, learned counsel for the writ petitioner states that now he has not been instructed to stipulate any period to file the show cause or to concede to the contention for completion of the Disciplinary Proceeding when the order of suspension is continuing. Accordingly, Mr. Mohanty refrains from maki...
Tag this Judgment!The New India Assurance Co. Ltd., Represented Through Its Div. Manager ...
Court: Orissa
Decided on: Aug-31-2004
Reported in: I(2005)ACC317; 98(2004)CLT726; [2005(104)FLR182]
ORDERP.K. Tripathy, J.1. Heard Mr. S.S. Rao, Learned Counsel of the appellant, at length.2. This AHO has been filed against the judgment of the learned Single Judge in Miscellaneous Appeal No. 132 of 1994. That appeal was preferred by the appellant against the award passed on 29.10.1993 by the Asststant Labour Commissioner-cum-Commissioner for Workmen's Compensation, Cuttack. Applicant Suka Sahoo claiming to be the mother of deceased Suryamani Sahoo, claimed for compensation for the admitted death of the said deceased due to an accident occurred by the Truck bearing Registration No. AMZ 6530. The deceased was 27 years old by the date of the aforesaid accident and death. Compensation was claimed on the ground that the applicant is the sole heir and successor of the deceased and that the deceased was the only earning-hand having a monthly income of Rs. 900/- (rupees nine hundred) as the Helper of the said Truck, died in course of the said employment. The owner of the truck, in spite of n...
Tag this Judgment!Rabindra Kumar Ray Vs. Regional Transport Officer and ors.
Court: Orissa
Decided on: Aug-30-2004
Reported in: I(2005)ACC273; 98(2004)CLT731
ORDERP.K. Tripathy, J.1. Mr. P. K. Panda, learned Standing Counsel (Transport) states that, as yet the opposite party members have given no instruction to him. Regard being had to the nature of the dispute, which is purely based on law, we heard the parties and dispose of this Writ Petition at the stage of admission.2. Petitioner's grievance, stated by Learned Counsel for the petitioner, is as against the instruction, Annexure-6 issued by the Transport Commissioner-cum-Chairman, STA, Orissa, Cuttack, vide his Letter No. 24291, dated 20.11.1997. On the ground of saturation/over-saturation of certain routes and non-availability of adequate transport services in some other routes in under-developed area in the State, Opp. Party No. 3 has issued the above instruction, Annexure-6. The operative part of that instruction/letter reads as follows :'3. In view of the above facts it has been decided that before registration of new stage carriage or old vehicles of other States in the above mentio...
Tag this Judgment!Ramai Ranjan Pati Vs. Mst. Sahanaj Fatima
Court: Orissa
Decided on: Aug-27-2004
Reported in: 98(2004)CLT636
P.K. Tripathy, J. 1 . This Civil Revision is directed against the Judgment of the Additional District Judge, Sambalpur passed on 11.3.2003 in Misc. Appeal No. 18/1 of 1998-2001.2. Admittedly, petitioner was the tenant opposite party in H.R. Case No. 22 of 1987 of the Court of House Rent Controller-cum-SDJM Sambalpur. Opposite Party was the land lady-cum-applicant, in that H.R.C. proceeding. Her claim for eviction was considered and allowed by learned SDJM along with a direction for payment of the arrear house rents amounting to Rs. 9,600/- with the stipulation to get that order executed if the tenant fails to comply with the same. The applicant in that H.R.C. proceeding, thus, filed Execution Case No. 31 of 1996 in the Court of Civil Judge (Junior Division), Sambalpur, to execute the aforesaid order of the House Rent Controller. The tenant/petitioner filed an application under Section 47 of the Code of Civil Procedure, 1908, (in short 'the Code'); challenging to executability of the or...
Tag this Judgment!Sanjay Bag Vs. State of Orissa
Court: Orissa
Decided on: Aug-25-2004
Reported in: 2004CriLJ4714
R.N. Biswal, J. 1. This appeal is directed against the order of conviction and sentence dated 26-9-1998 passed by the Assistant Sessions Judge-cum-C.J.M., Balangir in Sessions Case No. 8 (b)/1 of 1998 wherein he convicted the accused for the offence under Section 376(2)(f) of IPC and sentenced him thereunder to undergo R.I. for ten years and to pay a fine of Rs. 5,000/-, in default to undergo R.I. for a further period of one year.2. Bereft of unnecessary details the prosecution case is that on 25-9-1997 at about 10.00 a.m. while P.W. 2, a minor girl of about 8 years old was playing along with her friends-P.W. 4 and one Chenkidi alias Pratima in front of the house of Sisir Babu in Kansaripada of Balangir town, the accused came there and asked them to go with him to a nearby tank wherefrom he assured to bring lotus flower and give them. While P.W. 4 and Chenkidi did not agree to it, P.W. 2 proceeded with him towards that tank. On the way, he took her to a nearby bush on the backside of t...
Tag this Judgment!State of Orissa Vs. Benudhar Das and ors.
Court: Orissa
Decided on: Aug-24-2004
Reported in: 98(2004)CLT337
L. Mohapatra, J.1. These two review petitions are directed against the order dated 30.7.2003 passed by this Court dismissing W.P.(C) No. 6780 of 2003 and W.P.(C) No. 6781 of 2003.2. Both the above writ applications were filed by the State of Orissa against the judgment delivered by the Orissa Administrative Tribunal in Original Application No. 83 of 2001 and O.A. No. 286 of 2001. The aforesaid two Original Applications were disposed of by a common order giving rise to the aforesaid two writ applications at the instance of the State. From the judgment delivered by the Tribunal, it appears that the applicants therein (opposite parties in both the writ applications) filed the Original Applications praying for quashing the select list prepared by the Orissa Public Service Commission and also for a direction to the State authorities to promote them, with effect from the date the respondents 3 to 10 therein were promoted with consequential benefits. It further appears that the dispute relate...
Tag this Judgment!Saraswati Sahoo and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-24-2004
Reported in: 98(2004)CLT788
A.K. Patnaik, J.1. Petitioner No. 2 is the Sarpanch of Talapada Grama Panchayat. Petitioners 1 and 3 are the Ex-Sarpanch of the said Grama Panchayat Petitioners 4 and 5 are the Ward Members of Ward Nos. 9 and 8 of Talapada Grama Panchayat. Petitioners 6 to 22 are all villagers of Ganeswarpur in Talapada Grama Panchayat and Petitioner 23 belongs to village Silandi in Talpada Grama Panchayat. The case of the Petitioners in this Writ Petition is that the Talapada Grama Panchayat in its meeting held on 25.6.2002 passed a resolution to request the Collector, Jagatsinghpur not to open any foreign liquor shop within Talapada Grama Panchayat for the best interest of the public as there was a College, Girls High School, market at Rahama. The State Government and the Collector after considering the said resolution of Talapada Grama Panchayat did not grant any foreign liquor licence at Rahama for the remaining period 2002-2003. But when an attempt was again made by the authorities to grant Beer P...
Tag this Judgment!Nila Chakra Construction Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-23-2004
Reported in: AIR2005Ori30; 2005(1)ARBLR360(Orissa); 98(2004)CLT519
Pradip Mohanty, J.1. The question posed in the aforesaid two revisions being common, they were heard together and are disposed of by this common judgment.2. In Civil Revision No. 187 of 2003 the petitioner has challenged the order dated 4.3.2003 of the District Judge, Phulbani in Execution Case No. 1 of 2002 transferring the same to the file of the Civil Judge (Senior Division), Phulbani for disposal in accordance with law, whereas, challenge in Civil Revision No. 186 of 2003 is to the order dated 26.3.2003 of the Civil Judge (Senior Division), Phulbani in M.J.C. No. 11 of 2002 rejecting the objection raised by the petitioner questioning his jurisdiction to entertain and adjudicate an application under Section 34 of the Arbitration and Conciliation Act, 1996.3. Mr. Sanganeria, learned counsel for the petitioner, submits that as per Section 2(1)(e) read with Section 42 of the Arbitration and conciliation Act, 1996 (hereinafter referred to as 'the Act'), the District Judge, Phulbani bein...
Tag this Judgment!Sudhansu Parida Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-20-2004
Reported in: 98(2004)CLT409; 2004CriLJ4745
R.N. Biswal, J.1. The petitioner has filed this case under Section 482, Cr.P.C. with a prayer to quash G.R. Case No. 229 of 2003 arising out of ICC No, 51 of 2003 pending in the Court of SDJM, Udala.2. As per the petition, on 23.7.2003 one Phulamani Behera filed ICC No. 51 of 2003 (Annexure 1) before the learned SDJM, Udala making some false and frivolous allegations against the petitioner. Without examining the complainant or her witnesses, on 25.11.2003 the learned SDJM simply forwarded the complaint petition to the Officer-in-Charge of Khunta Police Station through the CSI, Udala under Section 156(3), Cr.P.C. for registration and investigation of the case with a direction to submit the FIR by 4.11.2003. Pursuant to the said direction, the OIC, Udala Police Station treating the complaint petition as FIR, registered PS Case No. 76 of 2003 under Sections 341, 323, 294, 354/506(2), IPC read with Section 3 of SC & ST (PA) Act and sent it to the Court which was registered as G.R. Case No....
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