Orissa Court August 2005 Judgments
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Pragnya Rout Vs. Hemaprava Ray and ors.
Court: Orissa
Decided on: Aug-12-2005
Reported in: AIR2006Ori21; 100(2005)CLT746; 2005(II)OLR330
A.S. Naidu, J.1. Defendant No. 5 in Title Suit No. 280 of 2000 of the Court of the 2nd Addl. Civil Judge (SD), Cuttack has preferred this appeal challenging the judgment and decree dated 28th February, 2003 and 15th March, 2003 respectively. The suit was filed by Hemaprava Ray, present respondent No. 1, seeking reliefs as follows :'(A) The exclusive title of the plaintiff and pro forma defendant Nos. 6 to 11 in respect of the suit land described in Schedule-A of the plaint be declared. Possession of the six shop rooms standing on the eastern border of the suit plot be delivered to the plaintiff and pro forma defendants 6 to 11 by evicting defendant Nos. 1 to 5 and the plaintiffs' possession of (sic) the rest of the suit land be confirmed. In case she is found disposed (sic) from any part thereof, she be restored to possession through Court.(B) The record of right in respect of the suit land finally published on 8.1.1999 be declared to be wrong and not binding against the interest of th...
Mr. Gopal Ch. Pradhan and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-10-2005
Reported in: 2005(II)OLR454
R.N. Biswal, J. 1. This CRLMC arises out of a petition filed under Section 482 of Cr.P.C. challenging the order dated 14.2.2003 and 21.4.2005 passed in I..C. case No.73 of 2003 by the learned J.M.F.C., Narsinghpur wherein in the first order he took cognizance of the offence under Sections 294/354/323/379/506/448/34 I.P.C. read with Section 3 of the S.C. and S.T. (P.A.) Act against the petitioners, and in the second order rejected the petition under Section 210(1) of Cr.P.C. wherein the petitioners had prayed to call for a report from the O.I.C. of Kanpur P.S. in G.R. case No. 143 of 2003 and issued N.B.W. of arrest against the accused-petitioner No.l.2. Bereft of unnecessary details the facts leading to filing: of this CRLMC is that Santilata Sethy, Opp. party No.2 filed the aforesaid complaint case before the J.M.F.C., Narasinghpur on the allegation that on 8.9.2003 at about 7 P.M. the petitioners forcibly put a cabin on the land belonging to her. As the brother of the complainant pro...
Padma Charan Sahu Vs. Land Acquisition Officer
Court: Orissa
Decided on: Aug-10-2005
Reported in: 2005(II)OLR690
A.S. Naidu, J. 1. The judgment dated 10.1.1992 passed by a learned Single Judge of this Court in First Appeal No. 290 of 1990 is assailed in this A.H.O.2. Bereft of unnecessary details, the short facts necessary for appreciating the inter se disputes among the parties are:-In consonance with a Notification issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') published on 27.6.1988 in the Orissa Gazette (Extraordinary), Ac.0.250 decimals of land belonging to the appellant appertaining to Survey No. 239, Patta No. 77 in question situated in village Sana Kusasthali were acquired by the State for the purpose of constructing godowns of the Orissa Warehousing Corporation. The respondent Land Acquisition Officer offered a compensation at the rate of Rs. 25,000.00 per acre to the appellant for the acquired land. The appellant received the same with objection and filed an application under Section 18 of the Act which was referred to the then Subordi...
Dibakar Mishra Vs. State of Orissa and Four ors.
Court: Orissa
Decided on: Aug-08-2005
Reported in: 2005(II)OLR503
ORDER1. Heard learned counsel for the petitioner and the learned counsel for the Schools & Mass Education Department.2. The case of the petitioner in this writ petition is that he is a retired non-Government Primary School Teacher. He retired from service with effect from 31.3.1989 after attaining the age of superannuation while discharging his duties as Head Pandit in Kumaratanka U.P. School under Aul Circle. He claims the benefit under the Government of Orissa, Finance Department Office Memorandum dated 22.5.1995 wherein the benefit of time bound advancement scale of pay to the Aided Non-Govertnment Educational Institutional Employees was introduced. According to the Scheme, the employees whose maximum pay did not exceed Rs.2,975/- in the revised scale of pay of 1985 and who completed 15 years of service in their posts on 1.1.1985 were eligible for the appropriate advancement pay scales. According to the petitioner, he is a retired Aided Non-Government Educational Institution employe...
Gopaldas Agrawal Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-08-2005
Reported in: 100(2005)CLT661; 2005(II)OLR457
ORDER1. The petitioner in this writ application calls in question the order dated 31.3.1998 passed by the Addl. District Magistrate, Bhubaneswar in Lease Revision Case No. 143 of 1998 cancelling the lease granted in favour of one Ganesh Dehury by the Tahasildar, Bhubaneswar in W.L. Case No. 1027 by the order dated 4.8.1973.2. The petitioner's case is that on an application being made by the original lessee - Ganesh Dehury to the Tahasildar, Bhubaneswar, land measuring of 750 decimals out of Sabik Plot No. 225 under Khata No. 95 in village Dalua was directed to be settled with him by the order dated 4.8.1973. The said original lessee being in need of money, wanted to sell the said land and the petitioner being ready and willing to purchase the same from the original lessee who belongs to Scheduled Tribe community, made an application to the Revenue Officer, Bhubaneswar under Section 22 of the Orissa Land Reforms Act for permission to sell the land to the petitioner. The said application...
Swastik Filaments Corporation Vs. Swami Marine Products Pvt. Ltd.
Court: Orissa
Decided on: Aug-08-2005
Reported in: 101(2006)CLT61; [2006]132CompCas840(Orissa)
ORDERM.M. Das, J.1. All the above four cases have been filed by the respective petitioners praying for winding up of the Opp. Party Company, namely, Swami Marine Products Private Limited. By orders passed previously in each of the cases, except Copet No. 10 of 2003, notices were published in the daily newspapers as per the direction of this Court.2. Mr. Milan Kanungo has entered appearance on behalf of the Opp. Party-Company in all the above cases. He has filed a memo along with documents showing that the Opp. Party-Company has been seized by the Orissa State Financial Corporation under Section 29 of the State Financial Corporation Act, 1951 on 4.11.2004 and proposals for settlement have been filed by the Opp. Party-Company before the Orissa State Financial Corporation, Mr. Kanungo submitted that though the assets of the Opp. Party-Company have been seized by the Orissa State Financial Corporation under Section 29 of the S.F.C. Act, 1951 but the same has not been put to sale as yet. He...
Surekha Murdangia Vs. Ramahari Murdangia and Four ors.
Court: Orissa
Decided on: Aug-05-2005
Reported in: 2005CriLJ3847; II(2005)DMC870; 2005(II)OLR459
Sujit Barman Roy, C.J. 1. This is an appeal at the instance of the complainant-appellant against the judgment dated 30.7.1987 passed by the learned Judicial Magistrate, First Class, Berhampur acquitting opposite party No. 1 (respondent No. 1 herein) from the charge under Section 494, IPC and opposite party Nos. 2 to 5 (respondent Nos. 2 to 5 herein) from the charge under Section 494/109, IPC in ICC Case No. 37 of 1983.2. The case, in brief, is that the complainant-appellant lodged a complaint before the court of said Judicial Magistrate, First Class alleging, inter alia, that respondent No. 1 Ramahari Murdangia is the legally married husband of the complainant. The marriage between them was solemnized in accordance with the Hindu law. She alleged in the said complaint that respondent. No. 2 Lili Rasa was married by respondent No. 1 in the Kali temple by exchange of garlands. But the trial Court after analysing the evidence in this case came to a finding that no evidence was adduced on ...
Abhay Kumar Magar Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Aug-05-2005
Reported in: 2005(II)OLR530
I.M. Quddusi, J. 1. The writ application has been directed against the impugned judgment dated 31.7.2002 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack dismissing O.A. No.75 of 1999 in which the petitioner had challenged the order of punishment of removal from service dated 17.6.1996 passed by the Disciplinary Authority as well as the order dated 11.10.1996 passed by the appellate authority confirming the said punishment.2. The' brief facts of the case are that the petitioner was appointed as Extra Departmental Branch Post Master (EDBPM), Kaikachhar Branch Post Office in the district of Sundargarh in the year 1992. Preliminary enquiry was conducted against the petitioner by Shri Aswini Kumar Panda, SDI(P), Sundargarh (North) Subdivision who has been examined as S.W.2. On the basis of the preliminary enquiry report, the Superintendent of Post Offices ordered to hold an enquiry under the E.D. Agents (Conduct and Service) Rules, 1964 against the petitioner vide orde...
Orissa Construction Corporation Ltd. Vs. Regional Provident Fund Commi ...
Court: Orissa
Decided on: Aug-05-2005
Reported in: [2006(108)FLR1029]; (2006)ILLJ1018Ori
ORDERL. Mohapatra, J.1. The petitioner in this writ application calls in question the legality of the order passed by the Regional Provident Fund Commissioner, Orissa in Annexure- 11 under Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') imposing damages to the tune of Rs. 61,114/-.2. The petitioner is a Government of Orissa Undertaking and basically a construction establishment carrying on different project works awarded by the State Government, Central Government and other private organisations at different places. In the year 1998 the petitioner was awarded with two projects at Damanjodi under two separate agreements. The said work were supervised by the senior Managers I and II in respect of Package No. 1 and Package No. 2 respectively and the said Sr. Managers applied for allotment of separate EPF code numbers for their respective packages for administrative convenience. However, the senior Manager-II who ...
Sri Prafulla Sarangi Vs. the Presiding Officer, Labour Court and ors.
Court: Orissa
Decided on: Aug-03-2005
Reported in: 100(2005)CLT520; [2005(107)FLR977]
ORDERL. Mohapatra, J.1. This Writ Application is directed against the order dated 28.4.1999 passed by the Presiding Officer, Labour Court, Jeypore rejecting an application under Section 33-C(2) of the Industrial Disputes Act in I. D. Misc. Case No. 18 of 1997.2. Case of the petitioner is that he was a Crawler Tractor Operator in the scale of Highly skilled-B category. While continuing as such he made a request in the year 1974 for transfer to Berhampur and on his request he was transferred and posted at Berhampur as a Driver-B. However, the said post of Driver-B carries less scale of pay than what the petitioner was getting as Crawler Tractor Operator. The petitioner thereafter made a representation for protection of his scale of pay and the same was rejected and after retirement from service he filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 before the Presiding Officer, Labour Court, Jeypore and the Labour Court rejected the petition on the ground that...
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