Orissa Court May 2007 Judgments
Santosh Kumar Mohananda and Saroj Kumar Behera Vs. Steel Authority of ...
Court: Orissa
Decided on: May-18-2007
Reported in: 104(2007)CLT208; [2007(114)FLR1033]; 2007(II)OLR29
I. Mahanty, J. 1. As the points involved in both the writ petitions are identical in nature they were, with the consent of the learned Counsel for the parties, heard together and are being disposed of by this common judgment.2. The petitioners in the present writ applications seek to challenge the action of the opposite parties in not allowing them to join as Senior Technician-cum-Operative Trainee (STOT) in spite of the fact that they have been selected through a regular process of selection.3. The essence of the dispute in the present case relates to non-recognition/non-acceptance of the educational qualification attained by the petitioners. The petitioners have obtained Diploma certificate from the Institution of Mechanical Engineer (India) vide Annexure-3 which certifies that the petitioners had obtained final pass in Part-I and Part-II of Technician Engineers Examination in 1993. This Diploma Certificate and recognition thereof is the subject matter of the dispute.4. It is admitte...
Tag this Judgment!Shibadutta Sharma Vs. State of Orissa
Court: Orissa
Decided on: May-18-2007
Reported in: 2007CriLJ4509; 2007(II)OLR41
ORDERM.M. Das, J. 1. Heard Mr. B. Mishra, learned senior counsel for the petitioner, learned Counsel for the State and Mr. Sanjeet Mohanty, learned senior counsel appearing for the informant.2. This application under Section 439 Cr.P.C. has been filed by the petitioner-Shiv Dutta Sharma for grant of bail in G.R. Case No. 27 of 2007 corresponding to Barbil P.S. Case No. 11 of 2007 pending before the learned J.M.F.C, Barbil.3. An information was lodged before the Officer-in-Charge, Barbil Police Station by one Shri N.S. Sharma, the authorized representative of M/s. Monnet Ispat and Energy Limited making allegation against the petitioner of commission of offence of cheating and other offences. The said information was registered as an F.I.R. having disclosed commission of cognizable offence under Sections 420/467/468 IPC against the petitioner. The petitioner was arrested by the Investigating Officer on 16.3.2007. On being produced before the learned J.M.F.C, Barbil on the same day, he pr...
Tag this Judgment!Sri Hemant Kumar Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-18-2007
Reported in: 104(2007)CLT170
S. Panda, J.1. In this Writ Petition the Petitioner has challenged the Order dated 02.01.2004 passed by the Tahasildar, Kishannagar in Sairat Case No. 3 of 2003 rejecting an application filed by the Petitioner for refund of the amount received by the Tahasildar towards royalty of sand from Eastern India Construction Private Limited, Opposite Party No. 5 for lifting of sand from Thanagada sand quarry which was leased out to the Petitioner.2. The facts of the case are as follows;Petitioner, the auction holder, being the highest bidder was allowed to lift sand for the year 2003-2004 from Thanagada Mahanadi sand source situated in plot No. 1, an area of Ac. 10.00 out of Ac. 195.56 appertaining to khata No. 400 of village Kishannagar. The Petitioner was permitted to transact business by lifting sand under the provisions of Orissa Minor Mineral Concession Rules, 1990. Out of the total quoted tender price of Rs. 2,30,000.00, Petitioner deposited a sum of Rs. 20,700/- as security money and on ...
Tag this Judgment!Rama Krishna Sahu and Manoranjan Purohit Vs. State of Orissa
Court: Orissa
Decided on: May-18-2007
Reported in: 2007(II)OLR104
R.N. Biswal, J.1. Both the appeals having been arisen out of a common judgment, the same were heard together and a common judgment is passed thereon.2. The Appellants call in question the judgment and order dated 20.6.1995 passed by the Special Judge (Vigilance), Sambalpur in T.R. Case No. 13 of 1988 convicting the accused-Appellant Ramakrushna Sahu for the offence under Section 5(2) read with Section 5(1)(c)/5(1)(d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the P.C. Act') and Sections 409/467 of IPC and sentencing him to undergo R.I. for three years on each count and convicting Appellant Manoranjan Purohit under Section 5(2) read with Section 5(1)(c)/5(1)(d) of the P.C. Act and Sections 409/467/109 of IPC and sentencing him to undergo imprisonment for one year on each count.3. Shorn of unnecessary details the case of the prosecution is that Rama Krushna Sahu (hereinafter referred to as Appellant No. 1) while serving as Industries Promotion Officer (I.P.C. ...
Tag this Judgment!Barar Industries Ltd. Vs. Nagpur Engineering Co. Ltd.
Court: Orissa
Decided on: May-18-2007
Reported in: I(2008)BC227; 104(2007)CLT204
Pradip Mohanty, J.1. This civil revision is directed against the Order dated 02.05.2001 passed in Execution Case No. 10 of 2000 by the Civil Judge (Senior Division), Anandpur.2. The case of the Petitioner is that the aforesaid execution case arises out of the compromise decree between the Petitioner-company and the Opposite Party company in Special Civil Suit No. 92 of 1996 of the Court of Civil Judge (Senior Division), Nagpur. The Opposite Party was the Plaintiff in the said suit and the Petitioner was the Defendant. The compromise decree was passed on 20th January 1996. After the compromise decree, the Petitioner approached the Board for Industrial and Financial Reconstruction (for short 'BIFR') constituted under the provisions of Sick Industrial Companies (Special Provisions) Act 1985. The BIFR accepted the application and registered O.A. No. 76 of 1997. While the matter was pending before the BIFR, the Opposite Party-decree holderfiled an execution case for execution of the aforesa...
Tag this Judgment!Saudamini Mishra Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-18-2007
Reported in: 104(2007)CLT228
S. Panda, J.1. Petitioner in this Writ Petition challenges the Order dated 19.9.2006 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as the 'Tribunal') in OA No. 2015(C) of 2006 as illegal, arbitrary and erroneous.2. The Petitioner's case in short is as follows;Petitioner was appointed as Supervisor ICDS Project in the year 1986 and posted at Cuttack Sadar ICDS Project and was promoted to the post of CDPO in the year 1992. While Petitioner was continuing as such, she was suspended on 7.3.2003 pending drawal of a departmental proceeding. On 27.7.2005 the Government reinstated her in service pending finalization of disciplinary proceeding and posted her as CDPO, Baljguda ICDS Project in the district of Kandhamal. Thereafter Petitioner filed a representation to modify the order of reinstatement. On consideration of her representation, the Order dated 27.7.2005 was modified on 29.9.2005 and Petitioner was transferred and posted as CDPO, Badamba...
Tag this Judgment!The Oriental Insurance Co. Ltd. Vs. Rabindra Mandal and ors.
Court: Orissa
Decided on: May-18-2007
Reported in: 2009ACJ962; 104(2007)CLT174
I. Mahanty, J.1. The Oriental Insurance Co. Ltd. (Appellant herein) has filed the present appeal challenging the Judgment dated 10.4.2002 passed by the Commissioner of Workmen's Compensation & Asst. Labour Commissioner, Balasore in W.C. Case No. 91 of 1998, whereby the Commissioner of the Workmen's Compensation has awarded a sum of Rs. 1,64,963/- in favour of the father of the deceased workman and the Appellant-Insurance Company has been directed to pay the awarded amount within thirty days, failing which 12% simple interest will be recovered from the date of filing of the claim case, i.e., 12.9.1998 till realization.2. Learned Counsel on behalf of the Insurance Company submits that the Respondent No. 1 (claimant) filed a case for compensation on the ground that his son Late Gajendra Mandal, who died on 9.7.1998 while working as a labourer in a truck bearing registration number OR-09-A-1695 belonging to the Respondent No. 2 (owner), when he came in contact with live electric wire while...
Tag this Judgment!National Insurance Company Ltd. Vs. Gatikrushna Sahu and ors.
Court: Orissa
Decided on: May-18-2007
Reported in: 2008ACJ2122; 104(2007)CLT349; [2007(115)FLR263]
I. Mahanty, J.1. The National Insurance Company Limited herein has sought to challenge the award Judgment dated 9.11.2001 passed by the Commissioner under Workmen's Compensation Act-cum-Assistant Labour Commissioner, Dhenkanal, Angul (hereinafter referred to as the 'Commissioner') in W.C. Case No. 43 of 1997.2. The case of the Respondent Nos. 1 and 2 is that they are parents of one deceased Sukadev Sahoo, who died in course of his employment while working as a Driver under Respondent No. 3, who is the owner of the vehicle bearing registration number. OR-05-E-0636. It is alleged in the claim petition that at the time of accident, the deceased was twenty-five years old and was getting Rs. 1200/-. per month from the Respondent No. 3. Respondent No. 3, owner of the vehicle appeared before the Learned Commissioner and filed a written statement admitting employment of deceased-Sukadev Sahoo as the driver and also admitting that the death of deceased was due to the accident, but disowned his ...
Tag this Judgment!Orissa Management Colleges Association and Etc. Vs. State of Orissa an ...
Court: Orissa
Decided on: May-18-2007
Reported in: AIR2007Ori120; 104(2007)CLT310
A.K. Ganguly, C.J.1. Four writ petitions have been filed challenging constitutional validity of the Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Ordinance, 2007 (hereinafter referred to as the 'said Ordinance'). During the course of hearing of the matter before the Court, the said Ordinance was replaced by an Act and came to be known as Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2007 (hereinafter referred to as the 'said Act'). Out of the four writ petitions, in W.P. (C) No. 4073 of 2007 Article 15(5) of the Constitution which has come by way of 93rd Amendment to the Constitution has also been challenged. Learned Counsel for the petitioner, however later on gave up the said challenge.2. But. in all these writ petitions the constitutional validity of the said Ordinance as replaced by the said Act was challenged.3. First of these four writ petitions was registered as W.P. (C) No. 2446 of 20...
Tag this Judgment!Ajay Kumar Jena Vs. the Principal, Sainik School
Court: Orissa
Decided on: May-18-2007
Reported in: 104(2007)CLT537; [2008(116)FLR155]
I. Mahanty, J.1. The Petitioner in this writ application Shri Ajay Kumar Jena seeks to challenge the order of termination of his services dated 3rd June, 1998 under Annexure-7 issued by the Opp. Party from the post of Master (Computer) in Sainik School, Bhubaneswar. The said order of termination impugned herein is as follows:TERRMINATION OF SERVICE ON PROBATION AS MASTER(COMPUTER)1. You were appointed as Master (Computer) on probation with effect from 12 July, 96 vide appointment order No. SSB/ 1008/PC/ 1221 dated 04 Jul. 96.2. Your overall performance was not found satisfactory in spite of Counseling as well as grant of extension of the probation periods upto 11 July. 98. It is regretted that in spite of several opportunities, extended, you have failed to show any improvement in your overall performance.3. You are therefore, informed that you services will stand terminated with effect from 11 July 98 (AN) vide Sainik Schools Society Rule No. 7.08 of 1997. One months notice as per rule...
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