Orissa Court December 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smt. Sujata Panda Vs. Sri Jayadev Panda
Court: Orissa
Decided on: Dec-19-2005
Reported in: I(2006)DMC763; 2006(1)OLR123
ORDER1. Heard further argument from both the parties.2. The appellant wife states that because of the changed circumstances and existence of proof that she is entitled to more maintenance, she would approach the appropriate forum under Section 25 of the Hindu Adoptions and Maintenance Act, 1956 and therefore, she may not press this appeal at this stage and leave may be granted to agitate the same as against the order for enhancement of maintenance under Section 25, if that is not considered by the Judge, Family Court, Cuttack. Learned counsel for the respondent states that it is upto the choice of the appellant to make claim under Section 25, but no leave of this Court is necessary at this stage in the manner the appellant has prayed for.3. Considering the aforesaid submission, we disposed of this MATA without interfering with the impugned order passed in Civil Proceeding No.130 of 1998 of the Judge, Family Court, Cuttack. However, we make it clear that we have not examined the merit o...
Pramod Chandra Rath Vs. State of Orissa
Court: Orissa
Decided on: Dec-16-2005
Reported in: 2006(I)OLR172
A.S. Naidu, J. 1. The petitioners in all the aforesaid five Bail Applications have been arrayed as accused persons in Nayapali P.S. Case No. 115 of 2005 corresponding to G.R. Case No.1301 of 2005 pending before the SDJM, Bhubaneswar for alleged commission of offences under Sections 302, 120-B, 109 and 34 of the Indian Penal Code read with Sections 25 and 27 of the Arms Act.2. A horrendous murder took place on 18th April, 2005 near Prachi Divisional Executive Engineer's office in the heart of Capital of Orissa in which two persons, namely, Rubu alias Subash Ch. Das and Dhiren Kumar Sethi, were chased by three unknown persons armed with revolvers/pistols in broad day light at about 12.45 p.m. and were shot dead. An FIR in that connection was filed by one Prakash Chandra Das, a brother of deceased Rubu alias Subash and the local police commenced investigation.3. In course of investigation, police arrested two accused, namely, Gunu alias Babu Lenka and Dhadu alias Artatrana Pradhan and als...
The Servants of People's Society and Ors. Vs. Pyarimohan Mohapatra
Court: Orissa
Decided on: Dec-15-2005
Reported in: 101(2006)CLT458
N. Prusty, J.1. The petitioners, who were defendants in the Court below, have filed this Writ Petition with the prayer for stay of further proceedings in C.S. (Ill) No. 173 of 2005 pending before the Learned Civil Judge (Senior Division), Bhubaneswar, till disposal of I.C.C. No. 2855 of 2005 in the file of the Learned S.D.J.M., Bhubaneswar and for permitting them not to file their written statement in the above suit till disposal of the ICC Case.2. The facts giving rise to the filing of the present writ petition are that, the opposite party, who is a member of Rajya Sabha, filed a suit in the Court of the Learned Civil Judge, (Senior Division), Bhubaneswar, making a claim of Rupees one crore as damage and other reliefs as against publication of some News item in 'The Samaj' making certain false, fictitious and fabricated allegations against him and simultaneously, he also filed a complaint petition in the Court of the Learned S.D.J.M., Bhubaneswar under Section 465, 469, 479, 500, 502 ...
The Servants of Peoples' Society and Ors. Vs. Pyarimohan Mohapatra
Court: Orissa
Decided on: Dec-15-2005
Reported in: 2006(I)OLR546
N. Prusty, J.1. The petitioners, who were defendants in the Court below, have filed this writ petition with the prayer for stay of further proceedings in C.S. (III) No. 173 of 2005 pending before the learned Civil Judge (Senior Division), Bhubaneswar, till disposal of I.C.C. No. 2855 of 2005 in the file of the learned S.D.J.M., Bhubaneswar and for permitting them not to file their written statement in the above suit till disposal of the ICC Case.2. The facts giving rise to the filing of the present writ petition are that, the opposite party, who is a member of Rajya Sabha, filed a suit in the Court of the learned Civil Judge, (Senior Division), Bhubaneswar, making a claim of Rupees one crore as damage and other reliefs as against publication of some News items in 'The Samaja' making certain false, fictitious and fabricated allegations against him and simultaneously, he also filed a complaint petition in the Court of the learned S.D.J.M., Bhubaneswar under Sections 465, 469, 479, 500, 5...
Pramila Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-14-2005
Reported in: 102(2006)CLT60
I.M. Quddusi, J.1. The point involved in this case is whether the Orissa Administrative Tribunal has jurisdiction to adjudicate the claim of a person concerning his continued past services i.e., for the period during which he was not a Government servant and when the same related to the non-Government service period and the entire benefits are to be given by the Government, since later he became a Government servant.2. The brief facts of the case are that the petitioner was a Teacher in a non-Government School in Kunjabihari Girls High School at Kantilo in the District of Nayagarh. The Institution was taken over by the Government with effect from 7.6.1994 and in this way the petitioner became Government servant from the date of taking over of the Institution. The petitioner filed an Original Application before the Orissa Administrative Tribunal, Cut tack Bench, under the Administrative Tribunals Act, 1985, claiming her promotion to the post of Trained Graduate Teacher with effect from ...
Saroj Kumar Sahoo Vs. the Managing Director, Orissa Forest Development ...
Court: Orissa
Decided on: Dec-12-2005
Reported in: 2006(I)OLR253
A.K. Samantaray, J. 1. The petitioner in this writ petition under Article 226 of Constitution of India has prayed for issue of a direction to the opposite parties to pay him full emoluments from the date of his termination from engagement till the reengagement and for a further direction to regularize his services with consequential benefits from the date on which his immediate junior was regularized.2. The background facts as averred in this writ petition in nut shell are as follows:The petitioner, who was an intermediate, was appointed as Depot Assistant/Junior Assistant on daily wage basis with effect from 1.4.1981 under Similipal Forest Development Corporation (SFDC) and worked efficiently and satisfactorily all through. A departmental proceeding was initiated against him for unauthorizedly availing leave and on conclusion of the inquiry, the Disciplinary Authority passed the following under on 18.7.1987. i) Unauthorisedly availing leave from 12.5.87 onwards by Shri Saroj Kumar Sah...
Rudramani Tripathy Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Dec-09-2005
Reported in: 101(2006)CLT227
N. Prusty, J. 1. The petitioner, who was working as S.I. (CD.) under 114 BN C.R.P.F. at Bhubaneswar and removed from service in a disciplinary proceeding by order dated 27.8.1996 passed by the D.I.G., (P) C.R.P.F., Special Range, confirmed by the appellate order dated 4.6.1997 passed by the Inspector General of Police, C.R.P.F. and the revisional order dated 10.3.1999 passed by the Director General of Police, C.R.P.F., has filed this present writ application for quashing the above impugned order under Annexures 5, 7 and 9 and for a direction to the opposite parties to reinstate him in service with usual service benefits with effect from 15.9.1994.2. The petitioner's case is that after returning from UNTAC duty in Combodia as a part of Indian Police Contingent from August, 1992 to October, 1993 the continued to work in his post under 114 BN, C.R.P.F., Bhubaneswar and sometime thereafter he became seriously ill as he was suffering from P.I.D. He was under treatment of the Medical officer...
Shri Dinesh Kumar Ray Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Dec-07-2005
Reported in: 101(2006)CLT137; [2006(108)FLR1138]
N. Prusty, J.1. The petitioner who is presently working as Deputy Manager, Kendrapara Branch, State Bank of India has filed this Writ Petition for quashing his transfer order dated 20.6.2003 (Annexure-2) as well as the relieve order dated 26.6.2003 (Annexure-3) and for a direction to give him appropriate posting keeping in view Paragraphs 6.3 & 7.2 of the Transfer Policy. The allegation of the petitioner is that the impugned order of his transfer violates Paragraphs 6.3 & 7.2 of the Transfer Policy and also Rules 57 of the State Bank of India Service Rules. Since an officer can only be considered to go in inter module transfer normally after a stay of nine years in a module. The petitioner alleges that even though certain officers/Union leaders are retained in their respective Branch/office/module for more than ten to fifteen years violating the Bank's Transfer Policy, the petitioner has been discriminated.2. The case of the petitioner, in short, is that he came to Bhubaneswar Module i...
Udaya Chandra Ganda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-07-2005
Reported in: 2006(I)OLR217
I.M. Quddusi, J.1. This writ petition is directed against the impugned order issued by the State Government vide notification dated 3.11.2003 terminating the petitioner from the service of Orissa Judicial Service Class-ll.2. The brief facts of the case are that the petitioner appeared and declared successful in the competitive examination held by the Orissa Public Service Commission in pursuance of the advertisement No.10 of 1999-2000 under the provisions of the Orissa Judicial Service Rules, 1994 (hereinafter referred to as 'the Rules') meant for recruitment to Orissa Judicial Service Class-ll by direct recruitment.3. Pursuant to his selection, the petitioner was appointed along with 36 others on probation vide notification dated 19.4.2001 in the Orissa Judicial Service Class-ll under Rule 5 of the Rules, 1994. All the newly selected officers along with the petitioner were placed for training vide notification dated 2.5.2001 issued by the Orissa High Court. After completion of trainin...
Sachikanta Mishra and ors. Vs. Collector and anr.
Court: Orissa
Decided on: Dec-07-2005
Reported in: 101(2006)CLT278
I.M. Quddusi. J.1. This writ application has been filed against the judgment and order dated 20th May, 1999 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in dismissing O.A. No. 3171 (C) of 1997 of the instant petitioners.2. The brief facts of the case are that the petitioners had appeared at the written examination held on 3.3.93 and also at the typewriting test for the post of Junior Clerk in the District Office in pursuance of an advertisement issued by the Collector, Nayagarh for the Nayagarh District. In the advertisement dated 3.8.1995 only 16 vacancies were advertised out of which 8 vacancies were earmarked for general candidates and the remaining 8 vacancies were earmarked for the candidates belonging to reserved category. The details of advertisement are that, 8 vacancies for general candidates (Male-5, Female-3), 8 vacancies for reserved candidates : SC-3 (Male-2, Female-1), ST-3 (Male-2, Female-1), SEBC-2 (Male-1 and Female-1). Against the above vacanci...
- ‹ Prev
- 1
- 3
- Next ›
- Last »