Orissa Court December 2006 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.
Managing Committee, Sayeed Seminary and anr. Vs. State of Orissa and a ...
Court: Orissa
Decided on: Dec-22-2006
Reported in: 103(2007)CLT376; 2007(I)OLR209
P.K. Mohanty, J.1. The Managing Committee of Sayeed Seminary, Nimasahi in the city of Cuttack and its Headmaster are the Writ Petitioners seeking for the relief of declaration that the Sayeed Seminary, a High School recognized by the Government of Orissa and the Board of Secondary Education, Orissa, was established and administered by the Muslim Community of the State and that of Cuttack city and as such comes within the purview of Section 2 of Orissa Education Act, 1969 and for quashing the Government Order dated 29.3.1995 refusing to declare the said institution as a Minority Community managed educational institution.2. Briefly stated Petitioners case is that, the Minority Community, the Muslims of Orissa and more particularly of Cuttack town being prevented by poverty and financial backwardness from continuing their education and/or academic career beyond primary classes felt the need for establishing a Minority Community institution for educational and social upliftment of the musl...
Bishra Stone and Lime Co. Ltd. Vs. Union of India (Uoi), Represented T ...
Court: Orissa
Decided on: Dec-22-2006
Reported in: 103(2007)CLT461; [2007(113)FLR590]; (2007)IIILLJ209Ori
P.K. Mohanty, J.1. The petitioner, a Company incorporated under the Companies Act having its registered office at Calcutta and work-site at Biramitrapur in the district of Sundargarh where mining operations are carried out, calls in question the validity of the notification dated 17.3.1993 (Annexure-1) issued by the Government of India under Section 10(1) of the Contract Labour (Regulations and Abolitions) Act, 1970.2. The petitioner's case in short is that it is a mining industry having an existing workforce of 4200 in the tribal belt of Biramitrapur in the district of Sundargarh and 95 per cent of the workforce belong to the Scheduled Caste and Scheduled Tribe Community. The Company's main industrial activity is to mine flux grade lime stone and dolomite and sell to the various Steel Plants. The mining operation is spread over on an area of around 7 kilometers at Biramitrapur. The breaking of lime stone and dolomite is done by mining workers on suitable mining faces and transported e...
Hari Das Vs. Director of Fisheries and anr.
Court: Orissa
Decided on: Dec-22-2006
Reported in: 103(2007)CLT254
A.K. Ganguly, J.1. The subject matter of challenge in this writ petition is an order dated 15.10.1998 passed by the Orissa Administrative Tribunal, Bhubaneswar in Original Application No. 8 of 1991, By the said order the Tribunal rejected the Original Application filed by the Petitioner, Hari Das, a driver in the Directorate of Fisheries, Orissa.2. Hari Das, filed the O.A. impugning an order dated 26.9.1990 by which he was compulsorily retired from service in public interest with effect from 31.12.1990 in exercise of the powers under the first proviso to Sub-Rule (a) of Rule 71 of Orissa Service Code(hereinafter referred to as the 'Code'). It is not in dispute that the writ Petitioner, but for the order of compulsory retirement, would have continued in service up to 28.5.1993. But in view of the compulsory retirement the Petitioner's service came to an end with effect from 31.12.1990. The relevant portion of the said Rule under which the Petitioner was compulsorily retired is set out b...
Ruhatia Spinners (P) Ltd. Vs. Rajashree Vanijya (P) Ltd. and ors.
Court: Orissa
Decided on: Dec-22-2006
Reported in: 103(2007)CLT451; [2008]142CompCas426(Orissa); [2007]78SCL415(NULL)
P.K. Mohanty, J.1. This appeal is directed against the order of the Learned Company Judge dated 8.9.2006 in Company Act Case No. 4 of 2002 and Misc. Case No. 73 of 2006 directing the Respondent No. 3 IDCOL to deliver possession of the units to Messrs Rajashree Banijya Pvt. Ltd., Respondent No. 1 who was the highest bidder in the auction conducted by the Learned Judge for sale of those units.2. Briefly stated the facts of the case are that Industrial Development Corporation of Orissa Limited is the holding company in respect of A. B. S. Spinning Mills, Orissa Limited Respondent No. 2. In order to sale the A.B.S. Spinning Mills an advertisement was made on 13.1.2006 in the daily news-papers inviting offers for Sonepur Spinning Mills and Baripada Spinning Mills of Respondent No. 2. Pursuant to the advertisement, Messrs Ruhatia Spinners Private Limited, the Appellant herein, having its registered office at Karana Bazar, Akola in the state of Maharashtra submitted its bid before the Asset D...
Kumari Babita Jena and ors. Vs. Council of Higher Secondary Education ...
Court: Orissa
Decided on: Dec-22-2006
Reported in: 2007(1)OLR161
P.K. Mohanty, J.1. The petitioners who had appeared at the Annual Higher Secondary Examination, 2001 call in question the decision of the opposite party No. 1, Council of Higher Secondary Education, Orissa cancelling the examination in English Paper-II and awarding '00' marks in the said paper.2. The petitioners' case in brief is that having passed the High School Certificate Examination conducted by the Board of Secondary Education, Orissa and securing good percentage of marks, they had been admitted into Jagannath Mahavidyalaya, Ashok Nagar, Batto in the district of Keonjhar. They appeared at the Annual Higher Secondary Examination, 2001 duly permitted by the Council. The examination centre was earlier scratched and as such the College authority decided not to conduct the examination taking the Principal of the College as the Centre Superintendent. The Sub-Collector, Anandapur was requested by the opposite party Nos. 1 and 2 to conduct the examination through their administrative sta...
State of Orissa Vs. B.N. Som and anr.
Court: Orissa
Decided on: Dec-22-2006
Reported in: 2007(1)OLR172
I.M. Quddusi, J.1. The Central Administrative Tribunal, Cuttack Bench, Cuttack had decided Original Application No. 91 of 2002 filed by one Smt. Manikmala Maity (opposite party No. 1 in W.P.C No. 4843 of 2004) with a direction to the Railway authorities of S.E. Railway to release DCRG amount payable to her husband. While her husband was paid pension and other retirement benefits, the Railway authorities did not make payment under DCRG although he was representing them regularly. In the meantime, her husband died in March, 1999 and thus, she has claimed interest at the rate of 18% for the delay caused.2. The said original application was allowed by the Tribunal vide order dated 26th June, 2003 directing the respondent to make payment of the DCRG amount and pay interest for the delay @ 10% from 1.11.1997 to 31.10.2002 on the entire amount of DCRG and at the rate of 6% from 01.12.2002 to the preceding month of issuing the order of payment. The final payment was directed to be effected wit...
Kabita Barik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-22-2006
Reported in: 2007(1)OLR186
A.K. Ganguly, J. 1. These two Writ Petitions were heard together as the question involved in one was connected with the other.2. In W.P.(C) No. 1825 of 2006, the subject-matter of challenge is an order of the Collector, Dhenkanal by which the Collector, according to the petitioner, interfered with the acceptance of resignation of two councillors of the Notified Area Council, Bhuban (hereinafter called the 'said NAC').3. The writ petition was filed by Kabita Barik who claims to be the elected Chairperson of the said NAC. Her main case is that two councillors of the NAC, namely, Prasant Kumar Maharana and Bhajaman Naik submitted their resignations to the petitioner. Prasanta Kumar Maharana gave his resignation on 23.11.2005 and Bhajamana Naik on 25.11.2005 on different grounds. The case of the petitioner is that the resignation letters of both the councillors were placed before the meeting of the said NAC on 16.12.2005 for acceptance but due to want of quorum that meeting was not held an...
Mahendra Pratap Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-22-2006
Reported in: 103(2007)CLT675; [2007(114)FLR689]
I.M. Quddusi, J.1. Heard Shri A.K. Mishra, Learned Senior Advocate for the Petitioner, Learned Addl. Government Advocate for the State and Learned Asst. Solicitor General for the Union of India.The Departmental Promotion Committee (for short 'D.P.C') considered promotion of the eligible I.P.S. officers to the grade of DIG of Police and made its recommendation on the basis of which, the Government of Orissa in General Administration Department issued promotion order of four I.P.S. Officers including the Petitioner vide Govt. Notification dated 21.1.2005. The said notification speaks as under:Government of OrissaGeneral Administration DepartmentNOTIFICATIONBhubaneswar dated the 20th January, 2005.No. AIS/II-3/2005-2555/AIS.I. The following I.P.S. Officers are promoted to the grade of D.I.G. of Police with effect from the date of their joining against the promotional post.1. Sri Sudhanshu Sarangi, IPS (RR-90)On study leave.2. Sri Arun Kumar Sarangi, IPS. (RR-90)S.P.-I, C.I.D., C.B., Cutta...
Ananta Kishore Rout and ors. and Susama Mohanty and ors. Vs. National ...
Court: Orissa
Decided on: Dec-21-2006
Reported in: 103(2007)CLT281
B.P. Das, J.1. The Teaching and Non-Teaching Staff of two Schools, namely, Saraswati Vidya Mandir (in sort, S.V.M.) located at Nalco Nagar in Angul District and at Damanjodi in Koraput District, have filed these two Writ Petitions under Articles 226 and 227 of the Constitution of India, with a prayer to direct the National Aluminium Company Ltd. (in short, NALCO) to treat them as the employees of NALCO and to give them all consequential benefits as are extended to the employees of NALCO. As the facts and points of law involved in both these Writ Petitions are same, they were heard analogously and are being disposed of by this common Judgment.2. The brief facts, as delineated in the Writ Petitions, tend to reveal that the National Aluminium Company Ltd. (NALCO), which is a company incorporated and registered under the Companies Act, 1956 and is a Government of India Enterprise having its Registered Office at Bhubaneswar, is engaged in manufacture and production of Alumina and Aluminium ...
Puspak Behera and Etc. Vs. Vice-chancellor, Utkal University and ors. ...
Court: Orissa
Decided on: Dec-21-2006
Reported in: AIR2007Ori58; 103(2007)CLT445; 2007(I)OLR157
P.K. Mohanty, J.1. As common question of law and fact are involved in these three writ petitions, they were taken up together for hearing and are being disposed of by this common judgment.2. The petitioner in each of the three writ petitions calls in question the cancellation of his admission to the LL. M. Part-1 Course during the session 2004-05 (Annexure-1) as illegal, arbitrary and violative of the principles of natural justice.3. Brief facts of the petitioner's case is that pursuant to the prospectus issued by opposite party No. 1, each of the petitioners applied for admission to the LL. M. Part-1 Course. The opposite parties in letter dated 10-11-2004 called upon the petitioner to attend the entrance test on 19-11 -2004. The petitioner in all the writ petitions appeared at the entrance test and having been successful were called upon to take admission on 25-11 -2004. On 25-11 -2004, they deposited the required fees and were admitted to the LL. M. Course. Petitioner in the first tw...
- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »