Orissa Court February 2007 Judgments
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Narendra Kumar Jena and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-13-2007
Reported in: 103(2007)CLT671
A.K. Parichha, J.1. This appeal is directed against the order passed by Learned Subordinate Judge, Bhubaneswar in Land Acquisition Misc. Case No. 211 of 1988 answering a reference under Section 18 of the Land Acquisition Act (hereinafter called 'the Act') involving Ac.0.705 decimals of land belonging to the Appellants and proforma-Respondents.2. Land measuring Ac.0.705 decimals in Khata No. 158 Plot Nos. 880 & 883/1627 in Mouza Nayapalli, Bhubaneswar was acquired by the State Government for sewerage treatment plant vide notification dated 2.4.1987 Under Section 4(1) the Act and possession of that land was also taken by the State Government. The Land Acquisition Collector, Puri determined the market value of the land @ Rs. 2 lakhs per acre, but the Appellants and proforma-Respondents filed application for a reference u/s. 18 of the Act and on such application the matter was referred to the Learned Subordinate Judge, Bhubaneswar, who registered the reference as L.A. Misc. Case No. 211 of...
Sailendra Kumar Jora Vs. District Magistrate and Two ors.
Court: Orissa
Decided on: Feb-12-2007
Reported in: 104(2007)CLT62
A.K. Ganguly, C.J.1. This Writ Petition has been filed by challenging an order of detention passed against the Petitioner under the provisions of the National Security Act, 1980 (hereinafter referred to as 'the Act') the order of detention is dated 19.07.2006. The grounds of detention are dated 23.07.2006. Several grounds have been given in support of the Petitioner's detention under the provisions of the said Act. We are not going to discuss anything on the grounds of detention in question in view of the reasons, which are discussed by us.2. Learned Counsel appearing on behalf of the Petitioner submits that in the instant case the Petitioner's Fundamental Right of making representation against the detention order under Article 22(5) of the Constitution of India has been breached. In support of the said contention, Learned Counsel for the Petitioner submits that along with the grounds of detention, the report of the Superintendent of Police, Keonjhar on which the grounds of detention a...
Hi-tek Powercon Pvt. Ltd. Vs. the Asst. Commissioner of Commissioner T ...
Court: Orissa
Decided on: Feb-08-2007
Reported in: 103(2007)CLT658; (2008)14VST379(Orissa)
B.P. Das, J.1. The Petitioner-M/s. Hi-Tek Powercon Pvt. Ltd. has filed this Writ Petition under Articles 226 and 227 of the Constitution of India with the prayers to (a) quash the minutes of the meeting taken up by the Commissioner of Commercial Taxes, Orissa, with the officers of the National Aluminium Company Ltd. and the representatives of the Orissa Aluminium Utensils Manufacturers Association on 23.10.2002 (Annexu,re-1A); (b) direct the Opposite Parties to grant sales tax exemption to the Petitioner in view of Entry 43-A of the Finance Department Notification dated 26.7.1996; (c) direct the Opposite Parties to grant sales tax exemption to the Petitioner as per the specific provision made in this regard under the Industrial Policy Resolution 1996; and (d) declare that the Petitioner industry being a priority industry is entitled to sales tax exemption.2. The case of the Petitioner, as projected in the Writ Petition, briefly stated, is as follows:The Petitioner-company is a benefici...
Branch Manager, Oriental Insurance Company Vs. Smt. Kumari Palai and a ...
Court: Orissa
Decided on: Feb-08-2007
Reported in: 2008ACJ1548; 103(2007)CLT668
A.S. Naidu, J.1. The Judgment dated 4th September, 1995 passed by the Learned 2nd Motor Accident Claims Tribunal, Southern Division, Berhampur in MAC Case No. 69/89 (207/88) is assailed in this appeal by the Oriental Insurance Company.2. A petition was filed under Section 110-A of the Motor Vehicles Act, 1939 by present Respondent No. 1 claiming a compensation of Rs. 1 ,00,000.00 on account of death of her husband who succumbed to the injuries sustained by him in a motor vehicle accident. Respondent No. 1 who was the Petitioner in the said case averred that the deceased was traveling in a trekker bearing registration number ORL 1587 and due to the negligent driving of the driver of the said trekker the accident occurred with the aforesaid fateful consequences.The owner of the offending trekker who was Respondent No. 2 in the MAC in his written statement while admitting that the deceased was traveling with his family members in his trekker took the stand that while the said vehicle was ...
Shree Annapurna Conductors Ltd. Vs. Sales Tax Officer and ors.
Court: Orissa
Decided on: Feb-08-2007
Reported in: 103(2007)CLT693; (2009)20VST763(Orissa)
B.P. Das, J.1. The Petitioner-M/s. Shree Annapurna Conductors Ltd. has filed this Writ Petition under Articles 226 and 227 of the Constitution of India with a prayer to quash Annexure-1, the letter dated 31.10.2002/ 1.11.2002 issued by O.P. No. 5-IMational Aluminium Company Ltd. (NALCO, in short) calling upon the Petitioner to deposit 4.5% of the value of the materials to be supplied as security deposit; Annexure 2A, the notice dated 24.11.2003 issued by O.P. No. 1 -Sales Tax Officer, Balasore Circle, Balasore, indicating therein that Entry 43-A (a) and (b) of the Tax Free Schedule does not allow any exemption to small scale priority industrial units, which have come under the provision of Entry 42-A (a) and (b) of the Tax Free Schedule and the exemption allowed by the notification bearing No. SRO No. 932/ 2002 dated 12.11.2002 under Entry 43-A (a) and (b) of the Tax Free Schedule is not applicable to the small scale priority industrial unit of the Petitioner and further calling upon t...
Bidyadhar Mishra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-08-2007
Reported in: 103(2007)CLT633
B.P. Das, J.1. In this writ application, the Petitioner prays for a direction to the Opposite Parties to sanction and disburse his pension at par with the State Government employees on the basis of the Orissa Revised Scale of Pay Rules, 1998 (hereinafter 'the ORSP Rules, 1998') and further to pay the differential salary computed in terms of the ORSP Rules, 1998 which came into force with effect from 1.1.1996 so also the differential gratuity and leave salary.2. The brief facts, as delineated in the writ application, tend to reveal as follows:On 28.5.1974, the Petitioner joined as a regular Amin under the erstwhile Special Planning Authority, Rourkela, which was subsequently reconstituted under the Regional Improvement Trust Act with effect from 26.1.1976 as the Rourkela Improvement Trust.The State Government by virtue of the notification issued under Section 3(i) of the Orissa Development Authorities Act, 1982 (hereinafter 'the Act') constituted the Rourkela Development Authority (here...
State of Orissa and ors. Vs. Durga Charan Routray
Court: Orissa
Decided on: Feb-08-2007
Reported in: AIR2007Ori90; 2007(3)ARBLR241(Orissa); 104(2007)CLT528
ORDERA.S. Naidu, J.1. The aforesaid ARBA No. 25 of 2006 has been filed by the State of Orissa represented through its concerned officers assailing the order of the learned District Judge, Mayurbhanj in Misc. pase No. 28 of 2006 arising out of Arbitration Misc. Case No. 222 of 2006 declining to condone the delay in filing the aforesaid Arbitration Misc. Case.This ARBA was also filed after the prescribed period of limitation with a petition under Section 5 of the Limitation Act for condonation of delay.With consent of learned Counsel for both sides the ARBA and the Misc. Case both were heard together.Misc. Case No. 50 of 2006 has been filed before this Court to condone the delay in filing the said ARBA, With consent of learned Counsel for both sides the ARBA along with Misc. Case was heard for final disposal.2. The sole question for consideration in this case is whether Section 5 of the Limitation Act would be applicable to condone delay in filing a petition under Section 34 of the Arbit...
Kalpana Mandal and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-02-2007
Reported in: 2008ACJ916; AIR2007Ori94
B.P. Das, J.1. The petitioners, who are the wife and children of one late Sunil Mandal, have filed this writ petition with a prayer to direct the State Government, O.P. 1, to pay them compensation for the death of late Sunil Mandal in police firing.2. An F.I.R. was lodged at Simulia Police Station on 7-2-2002 at about 9 a.m. alleging therein that the bus, namely, 'Dolphine Dynamic', in which Sunil Mandal was traveling on 6-2-2002, while crossing Simulia Police Station, the Police personnel waived the bus to stop, but the driver instead of stopping it, sped away. The Police van which was chasing the bus started firing at the bus and it was found that the passenger sitting towards the left of the drivel was instantly killed in the police firing. After receiving the aforesaid information, a case was registered under Section 304, I.P.C. against some police personnel of Simulia Police Station. Accordingly, charge-sheet was submitted and as stated by the learned Counsel for the petitioners, ...
Pradeep Kumar Sahu Vs. Talcher Municipality and ors.
Court: Orissa
Decided on: Feb-02-2007
Reported in: 103(2007)CLT791
I. Mahanty, J.1. The Petitioner in this Writ Petition has sought to challenge a clause of 'deemed cancellation' contained in the Notice No. 490 dated 21.2.2006(Annexure-6) issued by the Executive Officer, Talcher Municipality, Talcher (O.P.No. 2) calling upon the Petitioner to take possession of Shop room No. 20 in new Municipal Market at Hatatota, Talcher, within fifteen days failing which it shall be deemed that the Petitioner is not willing to accept the allotment of shop room and therefore, the same will be cancelled.2. The case of the Petitioner in brief is that Pursuant to Notice No. 1 dated 1.1.2002, Talcher Municipality, Talcher invited applications from the public for allotment of shop rooms near Hatatota (Old Weekly Market) as per the terms and conditions prepared by Talcher Municipality. The terms and conditions of the Scheme are that the allotment of shop room will be made on the 'first come and first serve' basis, and the applicant has to deposit 50% of the Security amount...
Chittaranjan Sahu Vs. the Chancellor, Utkal University and ors.
Court: Orissa
Decided on: Feb-02-2007
Reported in: [2007(114)FLR310]
I. Mahanty, J.1. The petitioner in this writ application Shri Chittaranjan Sahu was appointed as a Lecturer in Economics and also put in charge of the post of Principal on 16.5.1964. Thereafter, the petitioner was working as the Principal of D.K. College, jaleswar, Principal of Paradip College, Paradip, Principal of A.B. College, Vasudevpur and was appointed on 3.10.1989 as the 'Development Officer' of Utkal University. He worked ns the Development Officer from 3.10.1989 till 31.5.1995 whereafter, for the period from 1.6.1995 till 6.8.1998, he remained in charge of the Director, College Development Council of Utkal University, in addition to his original post of Development Officer.2. The essence of the grievance of the petitioner relates to the question as to the 'scale of pay' he would be entitled to during the period he served as the Development Officer and the period during which he served as a Director of College Development Council. The next question relates to as to what would b...
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