Orissa Court October 2005 Judgments
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Rajesh Kumar Sharma Vs. Director, Animal Husbandry and Veterinary Serv ...
Court: Orissa
Decided on: Oct-07-2005
Reported in: AIR2006Ori42; 101(2006)CLT117; 2006FAJ124
M.M. Das, J.1. The petitioner in this Writ Application prays for quashing the order dated 9.12.2004 under Annexure-6 to the Writ Application by which the Director, Animal Husbandry & Veterinary Services, Orissa, Cuttack, black-listed the petitioner's firm namely, M/s. Brite Traders and debarred it from participating in future tender issued by the said Directorate.2. The petitioner claims to be an authorized supplier of drugs for Alembic Live Stock and Poultry range of products for the State of Orissa. In support of this contention, the petitioner has annexed the letter issued by the General Manager, Marketing (Vet.) of the said company addressed to the Opp. Party. It is revealed from the facts of the case that a tender notice inviting offer from authorized dealers for supply of veterinary medicine dated 7.11.2001 was issued by the Opp. Party for supply of veterinary drugs. The petitioner made an offer for supply of such drugs and the said offer was accepted. The petitioner supplied amo...
Kiran Mohanty and ors. Vs. Woodburn Developers and Builders (P) Ltd. a ...
Court: Orissa
Decided on: Oct-07-2005
Reported in: AIR2006Ori31; 101(2006)CLT176
B.P. Das, J.1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (in short 'the Act') is directed against the order dated 10.4.2003 passed by the District Judge, Cuttack, in Misc. Case No. 17 of 2003 allowing the application filed by respondent Nos. 1 & 2 under Section 9 of the Act and restraining the appellants and pro forma respondent No. 3 from proceeding with the construction of 'Bansi Tower' on Schedule 'A' land. Pro forma respondent No. 3 has also filed a cross-appeal challenging the self-same impugned order.2. The brief facts giving rise to the filing to the present appeal, as revealed from the averments made in the memorandum appeal, may be stated thus.Respondent Nos. 1 & 2 as petitioners filed an application under Section 9 of the Act before the District Judge, Cuttack seeking an interim order to restrain the appellants and pro forma Respondent No. 3, who were Opp. Party Nos. 1 to 5, from proceeding with construction of a multi-storied building, namely...
Rama Chandra Sahoo Vs. Srikanta Mallik and ors.
Court: Orissa
Decided on: Oct-07-2005
Reported in: 101(2006)CLT20
A.K. Parichha, J.1. Petitioner was elected as Sarpanch of Haladidiha Gram Panchayat in the election held on 19.2.2002. His election was challenged by Opposite Party No. 1, one of the defeated candidates, in Election Misc. Case No. 23 of 2002, in the Court of Learned Civil Judge (Jr. Div.), Jajpur, on the plea that though petitioner does not belong to Scheduled Caste, yet basing on a wrong certificate granted by Tahasildar, he got his nomination paper cleared and contested the election for the seat reserved for Scheduled Caste category. In the election petition, it was, inter alia, claimed that petitioner belongs to 'Niari' caste, which does not find place in the list mentioned in the concerned Entry in the Constitution (Scheduled Tribe) Order, 1950, but obtaining an illegal certificate, Ext. A from the Tahasildar that he belongs to 'Dewar' caste, he could contest the election. Petitioner, as Opp. Party No. 3, contested the election Misc. Case asserting that 'Niari' is a Sub-caste of 'D...
Dhirendra Pandua Vs. the Election Tribunal-cum-district Judge and ors.
Court: Orissa
Decided on: Oct-07-2005
Reported in: 101(2006)CLT264
J.P. Mishra, J.1. The petitioner calls in question the order/judgment (Annexure-2) dated 16.11.2004 of the Election Tribunal-cum-District Judge, Balasore (O.P. No. 1) passed in Election Misc. Case No. 7 of 2003.2. The present writ petitioner Dhirendra Pandua (O.P. No. 1 before the Election Tribunal) contested from Ward No. 5, Basudevpur N.A.C. on 19.9.2003 so also Opp. party No. 5-Surendra Chandra Mohanty from Ward No. 15. Both of them were elected from their respective wards as Councillors as per the election result dated 20.9.2003. The writ petitioner contested and was also elected as the Chairman of the N.A.C. on 30.9.2003. The present Opp. Party No. 5 filed an Election Petition dated 15.10.2003 under Section 38 of the Orissa Municipal Act, 1950 (hereinafter referred to as the 'Act') alleging disqualification of the writ petitioner under Sections 16(i)(iv) and 17(1)(b) of the Act.3. In the said petition before the Election Tribunal, the Opp. Party No. 5 pleaded inter alia that the w...
Masud Baig Vs. State of Orissa
Court: Orissa
Decided on: Oct-06-2005
Reported in: 100(2005)CLT675; 2005(II)OLR775
I.M. Quddusi, J.1. This Criminal Appeal has been filed against the judgment and order dated 3.1.1989 passed by the Special Judge, Koraput, Jeypore convicting the appellant under Section 7(1) of the Essential Commodities Act, 1955 (for short 'the Act') and sentencing him to undergo rigorous imprisonment of three months and to pay fine of Rs. 1,000/- in default to suffer simple imprisonment for three months in T.R. Case No. 19 of 1987.2. The prosecution case in brief is that on 29.10.1986 the appellant was travelling in a truck bearing registration number OSK 691 to Maidalpur weekly Shandy. Other persons were also travelling with him. The Marketing Inspector checked the truck on the main road of Papadahandi Town and found that one Voona Ravanya was having 200 litres of kerosene in his possession and it is found that the appellant was carrying 110 litres of kerosene in a barrel. But he had no explanation to the valid possession of kerosene and as such, FIR was lodged and he was challaned ...
Narendra Meher Vs. State of Orissa
Court: Orissa
Decided on: Oct-06-2005
Reported in: 101(2006)CLT1
P.K. Tripathy, J.1. Order of conviction under Section 307, IPC against the petitioner pronounced by learned Asst. Sessions Judge, Dharmagarh in Sessions Case Nos. 25/3 of 1991 and confirmed by learned Sessions Judge, Kalahandi at Bhawanipatna in Criminal Appeal No. 44 of 1991 is under challenge.2. According to the case of the prosecution, while the injured (P.W. No. 9) was carrying on his business in the weekly market at Dharamgarh, at about 1.30 p.m., accused attacked him from behind and dealt Kati blow as a result of which P.W. No. 9 sustained bleeding fracture injury on back side of the head and also over the angle of left mandible. Petitioner was caught red handed at the spot, injured was taken to the hospital, police was informed and the law was set into motion. After completion of routine investigation, charge sheet was filed against the accused. Learned Asst. Sessions Judge framed charge for the offence under Section 307, IPC. Accused denied to the charge and claimed for trial. ...
State of Orissa and anr. Vs. Bharat Ch. Jena and ors.
Court: Orissa
Decided on: Oct-06-2005
Reported in: 101(2006)CLT185; [2006(109)FLR600]
I.M. Quddusi, J.1. All these Writ Petitions involve common questions of facts and law and as such they are being disposed of by this judgment.2. The State of Orissa in the Revenue Department and the Collector, Malkangiri have challenged the judgment and order dated 9.7.2002 in a batch of O.As, leading case of which was O. A. No. 1448 of 2001. They have also challenged the Order dated 10.1.2003 on the application for clarification filed by the intervenors and the petitioners in the said O.As. passed by the Orissa Administrative Tribunal, Bhubaneswar.3. The brief facts of the case are that in the year 1996 a recruitment was conducted by the Collector, Malkangiri for appointment on the posts of Junior Clerks in his district. Some unsuccessful candidates had challenged that selection before the Tribunal by filing some O. As. including O. A. No. 874 of 1996 which were declared in a batch by a common judgment and order dated 10.9.1997 with the direction that a fresh select list of successful...
Hemanta Kumar Meher Vs. Shiba Prasad Khamari and anr.
Court: Orissa
Decided on: Oct-05-2005
Reported in: 101(2006)CLT41; 2005(II)OLR734
ORDER1. Heard learned Counsel for both the parties and on their consent this writ petition stands disposed of at the stage of admission.2. Opposite Party, Shiba Prasad Khamari was elected as a Member of Remunda Samiti constituency held in the year 2002. Petitioner was contesting for the said post and challenged to the result of that election by filing Election Misc. Case No. 9 of 2002 in the Court of Civil Judge (Senior Division), Baragarh. Both the parties being at issue on the election of the Opposite Party having a third child after the cut off date, they adduced oral and documentary evidence in support of their respective case. On assessment of the same, the trial Court found from the Birth Register and the report submitted by A.N.M. and Immunization Register, Exts.1 to 7, the case of Opposite Party having a third child after the cut off date was proved to disqualify him to contest from the post of Member of the Panchayat Samiti.3. Learned Civil Judge rejected the contention of the...
Orissa State Co-operative Marketing Federation Ltd. Vs. Sri Binod Biha ...
Court: Orissa
Decided on: Oct-04-2005
Reported in: 101(2006)CLT122; [2006(108)FLR1142]
ORDERP.K. Tripathy, J.1. Heard Learned Counsel for the parties and this Writ Petition stands dismissed at the stage of admission after hearing Learned Counsel for the petitioner for the following reasons.2. Petitioner challenges the award of the Presiding Officer, Labour Court, Sambalpur passed on 25.2.2005 in I.D. Case No. 57 of 2003. The reference which was made by him, read as hereunder :Whether the termination of services of Sri Binod Bihari Nial, NMR Peon with effect from 1.5.2001 by the management of M/s. Orissa State Co-Operative Marketing Federation Ltd. MARKFED, Orissa, Bhubaneswar is legal and/or justified If not, what relief is Sri Nial entitled to 3. In the above context, claim of the Opp. Party-workman was that thought he was engaged as NMR w.e.f. 17.6.1985 and continued as such till 30th April, 2001, he was retrenched under Section 25-F of the Industrial Dispute Act, 1947 (in short 'the Act') and in lieu thereof wage for a period of one month was paid to him. His grievanc...
Basanta Kumar Baral Vs. Vice-chancellor, Ouat and ors.
Court: Orissa
Decided on: Oct-04-2005
Reported in: 2005(II)OLR802
A.K. Samantaray, J.1. In this writ application under Articles 14 and 16 of the Constitution of India the petitioner seeks a direction from this Court to the opposite parties, more particularly opposite parties 1 and 2, to provide appointment to him under the Rehabilitation Assistance Rules within a period of two months to save the distressed family of the deceased employee from immediate starvation.2. The facts leading to the filing of this writ petition is reproduced here for better appreciation of the circumstances, which compelled the petitioner to come to this Court.The petitioner's father was working as a Village Agricultural Worker in the Department of Agronomy, College of Agriculture, Bhubaneswar and was a permanent employee of the Orissa University of Agriculture and Technology (OUAT). On 20.10.2000 while the petitioner's father was working in the instructional farm of the Department of Agronomy, died of snake bite. After sudden and premature death of the deceased employee his ...
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