Court : Orissa
Reported in : 99(2005)CLT333; 2005(I)OLR292
ORDERM.M. Das, J.1. The State of Orissa through the Secretary, School and Mass Education Department along with other Officers are the petitioners in this application for review. The petitioners have prayed for setting aside the Order dated 20.2.2001 passed in O.J.C. No. 11541 of 2000, Order dated 24.7.2001 passed in Misc. Case No. 9264 of 2001 and the Order dated 24.9.2001 passed in Misc. Case No. 11162 of 2001, arising out of the said Writ Application.2. Mr. Sarangi, Learned Senior Standing Counsel on behalf of the petitioners, submitted that O.J.C. No. 11541 of 2000 was filed by the present opp. parties as the petitioners with a prayer to issue a direction to the Opp. Parties who are the petitioners in this review application, to conduct a fresh viva voce test and allow the writ petitioners to participate in the said test with police protection. He submitted that no notice of the said Writ Application was sent to the opp. parties therein i.e., the review-petitioners, but by Order dat...
Tag this Judgment!Court : Orissa
Reported in : III(2005)BC349; 99(2005)CLT527; [2006]129CompCas660(Orissa)
ORDERA.K. Patnaik, J.1. This is an application filed under Sections 433, 434 and 439 of the Companies Act, 1956 by the petitioner for winding up of the Orissa Bridge Construction Corporation Ltd., (for short, 'the Company').2. The case of the petitioner is that the petitioner and the Company entered into an agreement on 24th of December, 1993 whereunder the petitioner agreed to execute the job of 'Rehabilitation' work on H.L. Bridge over river TEL on Bolangir-Bhawanipatna Road near Belgaon on S.H. 2' in accordance with the specification and the terms and conditions contained in the price bid of the petitioner in his letter dated 10.4.1993, detailed tender call notice of the Company with subsequent modification as per discussions held with the representatives of the petitioner and the letters dated 8.5.1993, 27.8.1993, 20.9.1993 and 24.9.1993 of the petitioner. Pursuant to the said agreement, the petitioner started the work with a view to finish the same by 15.5.1994 and the petitioner ...
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT324; [2005]128CompCas412(Orissa); [2005]64SCL212(NULL)
ORDERA.K. Patnaik, J.1. These two petitions filed under Sections 433, 434 and 439 of the Companies Act, 1956 though heard separately on two separate dates, are being disposed of by this common order as they have a common prayer for an order to wind up one and the same company, the Orient Paper and Industries Ltd. (for short, 'the Company') and raise common questions of law.2. The case of the petitioner in Comp. Act No. 25 of 1999 is that by purchase Orders dated 3.12.1997, 8.12.1997, 23.4.1998, 30.4.1998 and 3.10.1998 the Company asked the petitioner to supply Amotex (Defomer) Aronol (Wax emulson) and Pep size-500 for its business of manufacture and sale of pulp, paper, board and other articles. The purchase orders inter alia stipulated that payment will be made within 60 days/90 days sight through UCO Bank, Brajarajnagar and overdue interest payable at the rate of 16 percent per annum. In terms of the said purchase orders, the petitioner supplied the goods to the Company but the price...
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori83; 99(2005)CLT457
A.K. Patnaik, J.1. By a notice dated 1.9.2003 the Chief Engineer (Con) - I East Coast Railway, Bhubaneswar invited tenders for 'Supply and stacking of machine crushed hard stone ballast on top of formation or at toe of Bank or at suitable places between Km. 123.00 and Km. 135.50 including Sagadapata Station Yard of Tomka Banspani Rail Link Project'. Clause 6.1 of the said notice dated 1.9.2003 provided that contractors prequalified in category 5 slab A under CE (E)-I, BBS or all CE(C)s of South Eastern Railway or tenderers who have satisfactorily completed supply of minimum 20,000 cum. of ballast in one agreement under any Government or Semi Government Organization during the last five years are eligible to participate in the tender. Pursuant to the said notice, the petitioner, Opp. Party No. 4 and Sri Durga Condev (P) Ltd. submitted their tenders quoting the value as per details given hereunder :------------------------------------------------------------------Sl. Name of Total Value ...
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT793; 2005(I)OLR163
ORDERL. Mohapatra, J.1. Heard learned counsel for the petitioners and learned counsel for the opposite party in both the cases.2. W.P. (C) No. 10384 of 2003 has been filed against the order dated 15.9.2003 passed by the learned Addl.District Judge, Rourkela in Civil Misc. Application No. 44 of 2003 directing restoration of the disputed property to the opposite party.3. W.P. (C) No. 5429 of 2004 has been filed against the order passed by the same authority in Civil Revision Proceeding No. 22 of 2003 directing restoration of the suit.4. Shri Dash, learned counsel appearing for the petitioners in both the cases submits that the suit was dismissed for default on 12.5.2003 and against the said order the revision filed before the learned Addl.District Judge is not maintainable. There being specific provision in the statute for restoration of the suit and no appeal having been provided for under Order 43, Rule 1 C.P.C., the revision was not maintainable. There appears to be considerable force...
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT812
P.K. Mohanty, J.1. The petitioner assails the decision of Utkal University, in awarding the Gold Medal in favour of Opp. Party No. 9 for having secured the highest mark in LL.M. Examination, 1996.2. The main thrust of argument of Sri B. Rath, Learned Counsel for the petitioner is that under the Rules for award of Gold Medals formulated by the University, the Gold Medal is to be awarded to the First Position holder in a subject like LL.M., who is a regular student of the University, has completed the course and appeared and the examination within the normal period as stipulated in the Regulation without any repeat or back paper. The petitioner has cleared Part-I and Part-II of LL.M. Examination at the end of each part of the course and secured 652 marks in aggregate out of the total of 1000 marks and that being the highest mark secured in the examination, without missing any chance he ought to have been awarded the Gold Medal. But the University illegally and contrary to the Rules and R...
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT728; 2005(I)OLR248
L. Mohapatra, J.1. This writ application is directed against the decision of the Member, Board of Revenue, Orissa, dated 29th December, 1995 in O.L.R. Revision Case No. 17 of 1995 accepting the reference made by the Collector and remitting the matter back to the Revenue Officer, Dharamgarh, for fresh inquiry in the case of the ceiling surplus land holder petitioner Nos. 1, 2, 3 and 7.2. A ceiling surplus proceeding under the provisions of the Orissa Land Reforms Act, 1960 was started against one Paramananda Patjoshi of village Tumura in the district of Kalahandi in the month of May 1974. The said Paramananda Patjoshi having died in the year 1968 prior to the appointed dated i.e. 26.9.1970 ceiling surplus proceeding cases were again initiated against the sons and widow of late Paramananda Patjoshi individually. All the ceiling surplus cases were tagged with the original case record and the Revenue Officer disposed of the ceiling surplus cases in December 1976 allowing the entire family ...
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT807; [2005(106)FLR448]; 2005(I)OLR269
L. Mohapatra, J.1. The petitioner who is working as a Senior Assistant in this Court has filed this writ application praying for a direction to the opposite parties for fixation of his pay in the promotional post and for release of the salary component with effect from 24.9.2001.2. The petitioner was initially appointed as a Junior Assistant and joined in the post on 9.11.1989. While working as such, steps were taken for filling up the vacancies in the cadre of translator by way of promotion from amongst the existing Junior Assistants. At the relevant time, there were three vacancies of Translators. Out of the three posts, as per the roster point, one was meant for Scheduled Caste, one for general and one for Scheduled Tribe. Since there was no Scheduled Tribe candidate available, a Scheduled Caste person was given promotion by way of exchange by taking help of Section 6 of Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975. Acco...
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR406
ORDERR.N. Biswal, J.1. Though this matter was listed for admission, on the consent and request of the learned counsel for the parties, it is taken up for final disposal.2. Heard.3. This Revision is directed against the order dated 10.8.2004 passed by the S.D.J.M., Panposh at Uditnagar in Criminal Misc. Case No. 178 of 2004 (arising out of G.R. Case No. 128 of 2004) wherein the learned S.D.J.M. rejected the petition under Section 457 Cr.P.C. filed by the petitioner holding that he has no power to entertain successive petitions under Section 457 Cr.P.C. .4. Earlier a petition was filed on behalf of the petitioner to release the seized jeep bearing registration No. BR-23A-5155 in his favour claiming himself to be the registered owner. Since there was no document to support his claim to be the registered owner of the vehicle in question the learned Magistrate rejected the petition holding that he was not inclined to allow it at that stage. After obtaining the relevant documents, the petiti...
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT291; [2005(105)FLR254]
L. Mohapatra, J.1. The petitioner who at the relevant time was working as Dumper Operator, Grade-I in Balanda Colliery has filed this writ application challenging the Order dated 22.2.1996 passed by the Project Officer, Balanda Colliery dismissing him from service on the basis of an enquiry report submitted in a disciplinary proceeding.2. Case of the petitioner is that whiling working as Dumper Operator, Grade-I he received charge-sheet on 12.4.1991. The charge is 'Taking of employment with another employer in addition to that existing at Balanda Colliery, South Eastern Coalfields Limited.' After receipt of the charge-sheet the petitioner submitted a representation to the Enquiry Officer requesting him to drop the proceeding on the ground that the charge had finally been decided by this Court in O.J.C. No. 3259 of 1987 vide judgment dated 23.9.1993. Though the petitioner had requested the Enquiry Officer and other authorities to drop the proceeding in view of the judgment of the High C...
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