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Orissa Court February 2005 Judgments

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Feb 02 2005

Blue Star Ltd. Vs. State of Orissa and ors.

Court: Orissa

Decided on: Feb-02-2005

Reported in: III(2005)BC453; 99(2005)CLT678; 2005(2)CTLJ204(Ori); 2005(I)OLR521

ORDERA.K. Patnaik, J.1. The Director of Medical Education and Training, Orissa, Bhubaneswar published a tender call notice in different newspapers inviting tenders in sealed cover from the reputed manufacturing firms and/or authorized distributors for supply of instrument and equipment items for eight Regional Diagnostic Centres. In response to the said tender call notice, the petitioner and opposite party No. 3 amongst others submitted their bids for C.T. scan machines. Clause 3.16 of the terms and conditions for acceptance of the tender for supply of instrument and equipment items to the Government provided that the tenderers have to furnish price bid and technical bid in two sealed covers and the cover containing technical bid would be opened first for evaluation and the cover containing price bid of the tenderers who have pre-qualified will be opened thereafter. The covers containing technical bids of the petitioner, opposite party No. 3 and other tenderers for C.T. scan machines w...


Feb 02 2005

Erbis Engineering Company Limited Vs. State of Orissa and ors.

Court: Orissa

Decided on: Feb-02-2005

Reported in: 99(2005)CLT714

ORDERA.K. Patnaik, J.1. The Director of Medical Education and Training, Orissa, Bhubaneswar published a tender call notice in the Times of India inviting tenders in sealed covers from reputed manufacturing firms and/or authorised distributors for supply of instrument and equipment items for eight Regional Diagnostic Centres in the State of Orissa. In response to the said tender call notice, the Petitioner and Opposite party No. 4 among others submitted their bids for C.T. scan machines. The petitioner's case in the Writ Petition is that on 15.10.2003 after 11 O'clock the covers containing the technical bids were opened and on 30.12.2003 the covers containing the price bids were opened and it was found that the price bid of the petitioner was the lowest and yet the petitioner was not called for negotiation for purchase of C.T. scan machines. Aggrieved, the petitioner has filed this Writ Petition for a direction on the Opposite Parties 1, 2 and 3 to accept the lowest bid of the petitione...


Feb 02 2005

Ramesh Chandra Bhuyan and ors. Vs. State of Orissa

Court: Orissa

Decided on: Feb-02-2005

Reported in: 2005(I)OLR703

I.M. Quddusi, J.1. This application under Section 482 of Criminal Procedure Code has been filed by the petitioners with a prayer to quash the order dated 8.11.2004 passed by the learned Assistant Sessions Judge, Cuttack and to direct the Court below to record defence evidence after completion of evidence of the prosecution.2. The brief facts of the case are that the petitioners are accused in S.T. No. 527 of 1997 in which the prosecution evidence was closed on 17.7.2004 fixing 19.4.2004 for recording the statement of the accused persons; but their statements were recorded on 23.8.2004 when they desired to adduce evidence. It appears that before recording their statements, i.e., on 23.8.2004, an application was moved on 19.7.2004, by the learned counsel for the petitioners Under Section 311 Cr.P.C. to recall P.W.2. This was necessary as they wanted to put questions to P.W.2 to the effect whether he had sustained any injury or there was any dislocation of his right shoulder prior to alle...


Feb 02 2005

Daitari Muduli and ors. Vs. State of Orissa and ors.

Court: Orissa

Decided on: Feb-02-2005

Reported in: 99(2005)CLT707

P.K. Mohanty, J.1. The petitioners have approached this Court with the following prayers.'It is, therefore, prayed that the Writ Application be admitted and upon hearing the parties appropriate Writ/Writs, Order/Orders, Direction/Directions be issued calling upon the Opp. Parties Nos. 1 to 4 to provide Medical Officer, Medical equipments and other medical facilities to the Primary Health Centre at village-Ratanpur and moreover appropriate Writ be issued quashing the impugned decision of the Opp. Party No. 5 as per Annexure-5 and 8.'Sri Mishra, Learned Counsel for the petitioners submits that the grounds on which the P.H.C. is sought to be shifted are flimsy and factually incorrect and such decision to shift the centre is illegal, arbitrary and liable to be quashed.2. Undisputed, the State Government by its Order dated 30.11.1989 decided to establish a new P.H.C. at village Ratanpur of Astarang Block in the district of Puri, subject to fulfillment of the conditions that (a) the local pe...


Feb 01 2005

Bijaya Kumar Agrawalla Vs. State of Orissa

Court: Orissa

Decided on: Feb-01-2005

Reported in: 2005(I)OLR639

P.K. Tripathy, J.1. Order of conviction dated 15.7.1997 passed under Section 323, I.P.C. against the petitioner by the Judicial Magistrate First Class, Kantabanji in G.R. Case No. 101 of 1991 (T.R. No. 342 of 1991} and the confirming Judgment passed on 4.10.1997 by learned Additional Sessions Judge, Titlagarh in Criminal Appeal No. 12 of 1997 is under challenge in this Revision. 2. According to the case of the prosecution, on 18.9.1991 at about 9.30 P.M. petitioner with the co-accused misbehaved by using slang words to the victim Susil Kumar Jain (the informant) at the betel-shop of one Ashok Khamari and when the victim protested to such misbehaviour, he was assaulted by the petitioner. The trial Court found the allegation against the co-accused not proved so also the offence under Section 294, I.P.C. against the petitioner, but it found ample evidence to record the Order of conviction for the offence under Section 323, I.P.C. against the petitioner. The trial Court declined to grant b...


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