Orissa Court October 2008 Judgments
Nibarana Sendha and Three ors. Vs. State of Orissa and Three ors.
Court: Orissa
Decided on: Oct-27-2008
Reported in: 2009(I)OLR543
ORDERM.M. Das, J.1. Heard learned Counsel for the petitioners and the learned Counsel for the State.2. The petitioners in this writ petition have prayed for quashing the notification under Annexure-4-fey which the Government in its Panchayati Raj Department ordered that the office of the headquarters of the Grama Sasan of Grama Sogarposi in Dhenkanal Sadar Block in the district of Dhenkanal shall be situated in the village Dudhukateni. The case of the petitioners is that by notification No.19170/GP dated 20.10.2001 under Annexure-1, the Government upon reconstitution of the Grama Panchayats constituted Sogarposi Grama Panchayat having the villages Sogarposi, Arada, Parikheda, Dudhukateni and Nathua within its local area. The petitioners claim that in the said notification, the village Sogarposi was declared as the headquarters of the Grama Panchayat and rightly so, as the Grama Panchayat was named in the name of the said village. On extraneous considerations, the Government issued the ...
Tag this Judgment!Sri Aswini Kumar Ray Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-27-2008
Reported in: 2009CriLJ1528
B.S. Chauhan, C.J.1. This writ petition has been filed, seeking a direction to the opposite parties to appoint the petitioner as a Special Judicial Magistrate.2. The facts and circumstances giving rise to the case are that the petitioner was appointed as Junior Clerk in the District Court, Keonjhar. He was promoted as a Senior Clerk. Subsequently by the order of the learned District and Sessions Judge, Keonjhar dated 12-10-2004, the petitioner stood promoted to the post of Head Clerk. In the year 2000 in exercise of the power conferred by the proviso of Section 13 of the Code of Criminal Procedure, 1973, this Court framed rules, namely, Appointment of Special Judicial Magistrate (Orissa) Rules, 2000 (hereinafter called the 'Rules, 2000') and the same were enforced. Posts of Special Judicial Magistrate were advertised and in pursuance thereto, petitioner also applied. His candidature was considered and his name was included in the panel. However, he had not been offered the appointment....
Tag this Judgment!Medical Council of India Vs. Manas Ranjan Behera and ors.
Court: Orissa
Decided on: Oct-27-2008
Reported in: AIR2009Ori81
B.S. Chauhan, C.J.1. Both the writ appeals have been filed challenging the judgment and order dated 25-9-2008 passed by a learned Single Judge in W.P. (C) Nos. 14011 and 14097 of 2008 by which a direction has been issued to the present appellant, Medical Council of India and the Orissa Joint Entrance Examination, 2008, (hereinafter called 'OJEE') respondent No. 5 in both the appeals.2. The facts and circumstances giving rise to these cases are that respondent No. 5 conducted a test for admission of students in MBBS/BDS courses in the Medical Colleges. Result was declared and admissions were taken by the successful candidates. However, 12 seats became vacant as some students after the admission in the course had gone to other institutions and some of them did not join. Some of the students who could not get admission or could get admission in BDS course approached the respondent No. 5 pointing put that there was sufficient time for it to fill up the said 12 vacancies in view of the time...
Tag this Judgment!Kaushal Kishore Agrawalla Vs. Chief Manager, State Bank of India
Court: Orissa
Decided on: Oct-24-2008
Reported in: AIR2009Ori44
B.S. Chauhan, C.J.1. This writ petition has been filed for quashing the notice dated 22-8-2008 published in the newspaper for putting the property to auction on 17th September, 2008 and for issuing a direction to the opposite party to execute the sale deed in favour of the petitioner accepting the balance consideration after removing encroachment from the land in dispute.2. The facts and circumstances giving rise to this case are that one firm, namely, M/s Maa Budhi Roller Flour Mills (P) Ltd., obtained loan from the opposite party - bank and for that purpose it hypothecated the land in dispute with the bank. As the loan was not repaid the proceeding for recovery under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, had been initiated. The petitioner's case is that in spite of best efforts taken by the opposite party-bank, none came to purchase the property. Therefore, the opposite party -bank in search of a privat...
Tag this Judgment!Bharat Moharana and anr. Vs. State of Orissa
Court: Orissa
Decided on: Oct-24-2008
Reported in: 2009(1)OLR36
S.R. Singharavelu, J.1. The brief facts of the prosecution case necessary for determining the issues before us are as follows:Appellant-accused Kanduri Moharana is the brother-in-law of one Sarat Chandra Moharana (informant) whose brother is the 1st appellant Bharat Moharana. Bharat Moharana and Sarat Ch. Moharana are separate in mess, worship and cultivating their land.2. The informant Sarat Moharana, his wife Shantilata Moharana (P.W.12), son Sunil Moharana (P.W.13) and deceased daughter Soni Moharana were living in a house in village Adhanga Majurai. On 20.1,1996 at about 7 P.M. the accused-appellants, entered the said house of the informant and enquired from Shantilata Moharana (P.W.12) as to where about of her husband. P.W.12 stated that her husband had gone to Muliasahi. Immediately, both the accused inflicted kick and Bhujali blows to Shantilata Moharana causing injuries on her and inflicted blows to her son and daughter causing serious bleeding injuries and left the house under...
Tag this Judgment!Smt. Jharna Dutta and anr. Vs. Chairperson, Debts Recovery Appellate T ...
Court: Orissa
Decided on: Oct-24-2008
Reported in: AIR2009Ori74
B.S. Chauhan, C.J.1. This writ petition has been filed challenging the judgment and order of the Debt Recovery Appellate Tribunal (hereinafter called 'DRAT) dated 17-3-2008 passed in Appeal No. 8 of 2008 by which the learned appellate forum dismissed the appeal against the judgment and order of the Debt Recovery Tribunal, (hereinafter called 'DRT') Cuttack dated 26-12-2007.2. The facts and circumstances giving rise to the case are that the petitioner No. 1 is the wife of one Kalyan Kumar Dutta who was originally Defendant No. 4 in the case filed by the opposite party-bank before the DRT and the petitioner No. 2 is the daughter of petitioner No. 1 and Defendant No. 4. Late Kalyan Kumar Dutta, Defendant No. 4 before the DRT stood guarantor as he has executed the deed of guarantee in favour of opposite party bank along with some other persons on 14-9-1994 who had taken the loan. The DRT after institution of the case on 30-5-2003 under Section 19 of the Debts Due to Banks and Financial Ins...
Tag this Judgment!Girija Mohanty Vs. Revenue Divisional Commissioner, (Central Division) ...
Court: Orissa
Decided on: Oct-23-2008
Reported in: 2009(I)OLR198
M.M. Das, J.1. The petitioner being aggrieved by the order passed by the Revenue Divisional Commissioner (Central Division), Cuttack in R.C. No. 29 of 2006, which was a revision petition under Section 37(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short, 'the Act') has preferred this writ petition.2. The sole point raised by Mr. Mishra, learned Counsel for the petitioner is that in the order passed under Section 37(1) of the Act, the Revenue Divisional Commissioner without discussing the merits of the case and contentions raised by the respective parties, recording that the hal consolidation operation is over and the petitioner could not be able to file objection before the concerned consolidation authority due to her prolonged illness, remanded the matter to the Tahasildar, Udala with a direction to dispose of the case within a period of three months after verifying all the relevant documents, examining the possession of the petiti...
Tag this Judgment!The Manager, the Oberoi Palm Beach Vs. Presiding Officer and anr.
Court: Orissa
Decided on: Oct-22-2008
Reported in: 2009(I)OLR327
S.C. Parija, J.1. The short question of law which arises in this writ petition is as to whether the application made by the workman, opposite party No. 2, before the Industrial Tribunal, Orissa, Bhubaneswar, under Section 33A of the Industrial Disputes Act ceased to constitute a valid proceeding by reason of the fact that the main industrial dispute, the pendency of which had made the application necessary, had been finally decided.2. The factual matrix of the case is that some employees of the petitioner-management, including the present opposite party No. 2 through their Union raised an industrial dispute on 22.10.1992 before the District Labour Officer, Berhampur, pertaining to their condition of service and in particular, with regard to the promotional policy of the management. The said industrial dispute was taken up for conciliation and the same having ended in failure, the State Government in the Labour and Employment Department, in exercise of powers under Section 10(1) read wi...
Tag this Judgment!Nikunja Bihari Mohapatra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-21-2008
Reported in: 2008(II)OLR998
ORDER1. The petitioner in this writ petition challenges the order dated 7.5.2002 passed by the Deputy Secretary to the Government in the Department of Higher Education vide Annexure-5A rejecting his claim for validation of his services. He seeks a direction to opp. party Nos. 1, 2, and 4 to validate his services as per the Orissa Aided Educational Institution (Appointment of Lecturers Validation) Act, 1998 in short the '1998 Validation Act' and for release of his salary component.2. The brief facts leading to filing of the writ application are as follows.3. The petitioner was appointed by the Principal-cum-Secretary, Sadhu Goureswar College in the District of Jajpur (opp. party No. 3) vide Annexure-4 dated 28.8.1989 as a Lecturer in English (4th post), which was lying vacant under the Management payment. It is worthwhile to mention here that the post was admissible and the petitioner had the requisite qualification for being appointed. While the petitioner was working as such, the Depu...
Tag this Judgment!Pramod Kumar Rath Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-21-2008
Reported in: AIR2009Ori84
B.S. Chauhan, C.J.1. This writ petition has been filed for issuing direction to the opposite parties to consider and pass appropriate order on the proposal for One Time Settlement submitted by the petitioner.2. The facts and circumstances giving rise to the case are that the petitioner being the proprietor of M/s. Anand Electronic & Co., a Firm at Sambalpur applied for Cash Credit facility before the opposite party-bank on 22-2-1993. The bank after scrutiny and completing formalities sanctioned Rs. 2,00,000/- which was further enhanced to Rs. 30,00,000/-. As the amount of outstanding dues was not paid, the bank started recovery of the outstanding dues. Petitioner wanted settlement as per his desire. The matter was brought to the Court by filing W.P. (C) No. 10489 of 2003 which was disposed of giving certain directions vide judgment and order dated 16-1-2008. The grievance of the petitioner is that the proposal for One Time Settlement (hereinafter called 'OTS') submitted by him is not b...
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