Orissa Court November 2007 Judgments
Shri Maheswar Jethi Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Nov-30-2007
Reported in: 105(2008)CLT131
ORDERN. Prusty, J.1. When this matter is taken up, nobody appeared on behalf of the Petitioner to move this Writ Petition nor any mention has been made on behalf of the Learned Counsel for the Petitioner for adjournment of the case.I have gone through the contents of the Writ Petition.2. The Petitioner, who is a Works Contractor, earlier working as such under Opposite Party Nos. 3 and 4 has filed this Writ Petition for quashing letter dated 04.12.1996 issued by Opposite Party No. 2 (Annexure 8), whereby the Petitioner was intimated that he has no outstanding dues pertaining to the work executed by him vide agreement Nc.21 F/2 of 19986-87 of erstwhile Project Division, Sambalpur and for a direction to the Opposite Party No. 2 to make payment of the Petitioner's arrear arid settled dues as per Annexure-6 to the Writ Petition.3. As it appears, earlier the Petitioner approached this Court in O.J.C. No. 10222 of 1996 and in compliance of Order Dtd 20/ 30.09.1996 all the papers relating to t...
Tag this Judgment!Jitendra Kishore Baghasingh and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-30-2007
Reported in: AIR2008Ori56; 105(2008)CLT330
S. Panda, J.1. On the submission of the Petitioners in the above noted batch of the Writ Petitions, all the cases were taken up for analogous hearing on the ground that common question of law is involved. Therefore, this common Judgment shall abide the result in all the Writ Petitions. It may be noted here that two of the Writ Petitions, out of aforesaid batch of cases, viz. W.P.(C) Nos. 10295 of 2003 and 5803 of 2004 are the disputes of different footing and, therefore, they are being separately dealt with in this Judgment for their effective disposal. Focus of attention of the parties is that the Orissa Education (Payment of Grant-in-Aid to High Schools, Upper Primary Schools, etc.) Order, 2004 (in short, 'G.I.A.'). That order came into force w.e.f. February 5th, 2004 as per the Orissa Gazette (Extraordinary) No. 191 dated 5.2.2004.2. In short, theme and substance of the contentions of the Petitioners in each of the Writ Petitions, is stated below:W.P.(C) No. 10295 of 2003:Petitioner...
Tag this Judgment!Aziza Ekbal Khatun Vs. Hasina Akhtar (Dead) After Her Md. Sayidulla an ...
Court: Orissa
Decided on: Nov-30-2007
Reported in: 105(2008)CLT255
A.K. Parichha, J.1. This is an appeal by Defendant No. 1 challenging the Judgment and decree of Learned Additional Sub-ordinate Judge, Balasore, passed in O.S. No. 101 of 1982-1 decreeing the suit for partition and allotting half share to the Plaintiff in the suit property mentioned in Schedule 'Kha' of the plaint.2. Respondent no-1, Hasina Akhtar filed the above noted suit against the Appellant and her minor son Md. Annisuddin (Respondent No.2) praying for a declaration that she is entitled to half share in the schedule 'Kha' of the suit property, partition of the same and delivery of possession of her share through Civil Court Commissioner. Her case in essence was that Altafuddin @ Aftapuddin of village Kasba had two daughters and a son namely-Roshan Akhtar, Hasinna Akhtar (Plaintiff) and Md. Abasuddin. Since Aftapuddin and his wife died when their children were of tender age, the children were taken to the house of maternal uncle at village-Mirjapur in the district of Medinapur and ...
Tag this Judgment!D. Ch. Guruvalu Son and Co. Vs. Sales Tax Officer
Court: Orissa
Decided on: Nov-28-2007
Reported in: 105(2008)CLT21; 2008(1)OLR18; (2008)14VST509(Orissa)
B.N. Mahapatra, J.1. In this Writ Petition, the Petitioner challenges the initiation of re-assessment proceeding under Section 12(8) of the Orissa Sales Tax Act, 1947 (hereinafter referred to as 'the Act') for the years 1995-96 and 1996-97 by the Sales Tax Officer, Koraput-II Circle, Rayagada (hereinafter called as 'S.T.O.') on the following two grounds.i) The A.G. Audit Report on the basis of which proceeding under the Act has been initiated is not in conformity and in contempt of the order of the Hon'ble High Court of Orissa in the cases of P.R. Tata & Co. v. Sales Officer (1971) 27 STC 176, State of Orissa v. Iqbal Bros. (1990) 79 STC 337; andii) Non-communication of reason for reopening of the assessment in writing to the Petitioner is arbitrary and vitiates the proceeding initiated Under Section 12(8) of the Act.2. In this case, a Division Bench of this Court on 20.9.2001 while Issuing notice on the question of admission indicated that there were conflicting opinions of this Court...
Tag this Judgment!Dr. Damodar Mohapatra and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-28-2007
Reported in: 105(2008)CLT356
I.M. Quddusi, J.1. These two writ petitions have been filed against the judgment and order dated 24.9.1998 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 2860 of 1984 and O.A. No. 30(C) of 1998 by which both the OAs were dismissed.2. In fact the Tribunal has decided 11 Original Applications in a batch out of which one O.A. No. 363(C) of 1994 filed by Dr.Sebak Tripathy was allowed and remaining OAs were dismissed.3. The brief facts of the case are that the post of Professor of Education is a Class-I post of Orissa Education Service within the purview of the Orissa Public Service Commission ( in short, 'O.P.S.C.'), recruitment for which is made under the Orissa Education Service (Professors' Grade) Recruitment Rules, 1990. The Government decided to fill up the posts of Professor under Orissa Education Service in different disciplines including Education. On requisition by the Government an advertisement was issued by the O.P.S.C. as advertisement No. 26/91-92 to fi...
Tag this Judgment!Mamtaz Shariff Vs. United Bank of India and anr.
Court: Orissa
Decided on: Nov-27-2007
Reported in: 2008(I)OLR46
B.P. Das, J.1. The petitioner, who is working as a Sub-staff in the United Bank of India, has filed this writ petition challenging the order dated 14.6.2007, transferring him from Nayapalli Branch, Bhubaneswar to Raigarh Branch, in the State of Chhatisgarh, vide Annexure-1 as well as the order relieving him on 21.6.2007, vide Annexure-2.2. The main grievance of the petitioner in this writ petition is that the said order of transfer is vioiative of the Agreement made between the Management and the Workers' Union embodied in paragraph 536 of the 'Sastri Award' which reads as follows:In general the policy should be to limit the transfers to the minimum consistent with banking needs and efficiency. So far as members of the subordinate establishment are concerned, there should be no transfers ordinarily and if there are any transfers at all they should not be beyond the language area of the person so transferred. Even in the case of workmen not belonging to the subordinate staff, as far as ...
Tag this Judgment!Kishori Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-27-2007
Reported in: 105(2008)CLT309; 2008(I)OLR344
M.M. Das, J.1. The petitioner in this writ petition is the widow of late Madhu Mangal Dash, who was working as a primary school teacher. The petitioner has filed the present writ petition with a prayer to quash the office order No. 3565 dated 16.10.2003 of the DistrictInspector of Schools, Bolangir, rejecting her claim for grant of family pension with T.I. thereon.2. The late husband of the petitioner was appointed as a primary school teacher on 1.5.1957 in the Babupali Primary School. While continuing as such, he remained on leave with effect from 31.8.1970 and could not join in his service because of prolonged illness. Ultimately, he died on 12.5.1993. The case of the petitioner is that in normal course, her husband would have retired from service with effect from 16.4.1995 as his date of birth was 16.4.1937. The petitioner filed O.J.C. No. 2890 of 2001 claiming family pension, T.I. and unpaid dues of her late husband. The said writ petition was disposed of by this Court by order dat...
Tag this Judgment!Sekh NasiruddIn and Four ors. Vs. State of Orissa and Three ors.
Court: Orissa
Decided on: Nov-26-2007
Reported in: AIR2008Ori116; 105(2008)CLT86
P.K. Tripathy, J.1. Petitioner No. 1 was elected as the President of Nayagarh Regional Co-operative Marketing Society Ltd. (in short 'Nayagarh R.C.M.S. Ltd.') on 29.07.2004 and thereafter he continued as such. Petitioner Nos. 2 to 5 are the elected members to the Committee of Management of Nayagarh R.C.M.S. Ltd. They assumed the office on 30.07.2004. According to the provision in Section 28 (1-aa) of the Orissa Co-operative Societies Act, 1962 (in short 'the Act'), the term of office of the Committee shall be for four years from the date of assumption of office by the Committee and in that respect the date of election of the President shall be deemed to be the date of assumption of office by the Committee.2. Alleging breach of that provision of law by the Opposite Party members in passing the order Annexure-1 by superseding the Committee and vesting the authority with A.R.C.S., Nayagarh to manage the day-to-day affairs of the Nayagarh R.C.M.S. Ltd. w.e.f. 25.04.2007 until further order...
Tag this Judgment!Nibedita Rout Vs. Mitarani Bhutia
Court: Orissa
Decided on: Nov-23-2007
Reported in: 105(2008)CLT374; 2008(I)OLR80
A.S. Naidu, J.1. The order dated 2.8.2007 (Annexure-4) passed by the learned Civil Judge (SD), Kamakhyanagar in Election Misc. Case No. 25 of 2007 is assailed in this Writ Petition by the opposite party No. 1 in the said Election Misc. Case.2. The election for the post of Panchayat Samiti Member of Kanpura Panchayat Samiti was held on 17th February, 2007 in which three candidates had contested. After counting of votes it was found that one Usharani Mahalik and the present Writ petitioner Nibedita Rout had secured equal number of votes, i.e. 1119 each whereas present opposite party No. 1 (petitioner before the Court below) had secured 1116 votes. By lottery, the present petitioner was declared elected. Thereafter a petition was filed for recounting of votes. On recounting it was found that there was a tie between the present petitioner and Mitarani present opposite party No. 1, inasmuch as both of them had secured 1117 votes each and Usharani had secured 1114 votes. Consequently again l...
Tag this Judgment!Dibakar Behera and anr. Vs. Padmabati Behera and anr.
Court: Orissa
Decided on: Nov-23-2007
Reported in: AIR2008Ori92
A.K. Parichha, J.1. This is a defendants' appeal against the judgment and decree of learned District Judge, Koraput in MAT Appeal No. 1 of 2004 confirming the judgment and decree passed by the learned Civil Judge (Senior Division), Koraput in O.S. No. 19 of 2002.2. The present respondents, as plaintiffs, filed the above noted suit asking for maintenance of Rs. 5,000/- from the present appellant No. 1 on the ground that they are the wife and daughter of appellant No. 1 and that appellant No. 1 neglected to maintain them and treated them with cruelty. Defendant No. 1 in his written statement denied any relationship with the plaintiffs and further pleaded that the present appellant No. 2 is his legally married wife whom he married in the year 1977. He thus denied his liability to pay maintenance to the plaintiff-respondents. Learned trial Court framed six issues, accepted evidence from the parties and on consideration of the same held that the plaintiff No. 1 is not the legally married wi...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- Next ›
- Last »