Orissa Court December 2008 Judgments
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Suvendu Mohanty Vs. Executive Director (S and P), Nalco and ors.
Court: Orissa
Decided on: Dec-19-2008
Reported in: (2009)107CALLT378(NULL)
B.P. Das, J.1. The Petitioner, who is serving as an Executive in NALCO and is a member of NALCO Officers' Association, has filed this Writ Petition challenging the action of the Management of NALCO in reducing the ratio/quota of allotment of 'B' type quarters to the Executives in violation of the NALCO House Allotment Rules, 1994 because of which he is deprived of getting a quarters.2. Petitioner's Association, i.e., the NALCO Officers 'Association represented through its General Secretary-Bijaya Kumar Parida had earlier come to this Court in W.P.(C) No. 5293/2007 with a similar dispute relating to allotment of quarters.This Court disposed of the same by order 30.7.2008, the relevant part of which is extracted hereunder:.we direct the Executive Director (S & P ), NALCO, O.P.1, to form a Committee, which shall be headed by him. In the said Committee, one representative from each of the Unions, i.e., NALCO Officers' Association, the present Petitioner, NALCO Progressive Employees' Union,...
Padmaja Pandit and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-18-2008
Reported in: 107(2009)CLT102
B.N. Mahapatra, J.1. In the present Writ Petition challenge has been made to the legality of the order and Judgment dated 18.12.2002 passed in O.A. No. 389/c/ 98 (Annexure-9) by which the Orissa Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as 'the Tribunal') has held that the Petitioners who were recruited to the post of junior lecturers and taking classes in degree course are not entitled to get salary at par with lecturers of degree course, on the ground that the findings arrived at by the Tribunal are not sustainable in law and liable to be set aside.2. Shorn of unnecessary details, the short facts leading to the present case are that Petitioner No. 1-Padmala Pandit passed M.A. from Utkal University in 1089 in first division securing 60% marks in Economics. She has also done M. Phil in Berhampur University in 1990 securing 59.1% marks. Petitioner No. 2-Chandan Das passed M.A. in English in Utkal University securing 63.5% marks in 1988 and did M. Phil in U...
Suria @ Surendra Kumar Sahu Vs. State of Orissa
Court: Orissa
Decided on: Dec-18-2008
Reported in: 107(2009)CLT222
1. Heard further argument from the parties. Hearing is concluded and the Judgment is as follows.2. Jyoti Behera, wife of Saroj Kumar Behera (P.W.12) is the deceased in this case. She suffered death on 16.06.2000, and accepting that as homicidal death and the Appellant being the author of the same, Learned Sessions Judge, Khurda at Bhubaneswar convicted the Appellant under Section 302, I.P.C. and sentenced him to imprisonment for life. That order of conviction is under challenge by the Appellant.3. According to the case of the prosecution, P.W.12 Saroj Kumar Behera and the Appellant were friends and in visiting terms. By the date of occurrence, i.e., 16.06.2000, P.W.12 was working as a vehicle driver and on that date he, being on duty, was absent from his rented residence in Sadangi Colony at Palasuni, Bhubaneswar. The deceased was in the house of the adjoining neighbour, i.e., Azizulla Khan (P.W.8) and watching television. Then Nushrat Begum (P.W.13) being the wife of P.W.8 and Afanur ...
Ganesh Panda Vs. Kailash Auto Finance Ltd. Represented Through Its Bra ...
Court: Orissa
Decided on: Dec-17-2008
Reported in: 107(2009)CLT277
A.S. Naidu, J.1. This OCRMC has been filed under Section 12 of the Contempt of Courts Act, 971 for holding the Opposite Party guilty of 'civil contempt' and punishing him for alleged violation and deliberate disobedience by him of order passed by this Court on March 11, 1998 in Civil Revision No. 333 of 1997.2. The facts of the case, briefly stated are as follows:In the year 1993 the Petitioner entered into a contract with the Opposite Party for purchasing a Tempo Trax vehicle bearing registration number OLR-07-A-3301 to be financed by the latter. After payment of the price delivery of the vehicle was given to the Petitioner. In consonance with the terms of contract the Opposite Party paid a portion of the price of the vehicle and the rest was paid by the Petitioner.3. It is averred in this OCRMC petition that the Petitioner paid certain amounts to the dealer of the vehicle after consultation with the Opposite Party. While matter stood thus certain misunderstanding crept in regarding p...
Krishan Kumar Pareek Vs. State Bank of India and 2 ors.
Court: Orissa
Decided on: Dec-17-2008
Reported in: AIR2009Ori100; (2009)107CALLT362(NULL)
B.S. Chauhan, C.J.1. This Writ Petition has been filed for quashing the impugned Order Dated 11.9.2008 (Annex.-2) by which proceedings have been initiated by the Debts Recovery Tribunal, Cuttack (hereinafter referred to as the 'Tribunal') for execution of a decree passed by the Civil Court by issuing the show cause and further challenging the Order Dated 20.11.2008 (Annex.-4) by which the objection submitted by the Petitioner that the original application filed by the Bank was not maintainable before the Tribunal on the ground that the decree had been passed by the Civil Court on 25.7.2006 for a sum of Rs. 7,96,660/- with P.I. and F.I. etc. subsequent to the amendment. Thus the application was barred by the provisions of Section 31(A) of the Recovery of Debts due to Bank and Financial Institutions Act, 1993 (hereinafter referred to as the '1993 Act').2. The facts and circumstances giving rise to this case are that the Opposite Party No. 1 State Bank of India filed an Original Applicati...
Suresh Kumar Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-17-2008
Reported in: 107(2009)CLT285
B.P. Das, J.1. The case of the Petitioner is that he was working as a Clerk-cum-Typist in the Orissa Nurses & Midwives Examination Board, Bhubaneswar, which was established by the State Government as an autonomous body. The Board is governed by a set of rules called the Orissa Nurses and Midwives Examination Board Rules approved by the State Government. As per Rule 2 of the Rules, the Director of Health Services is the ex-Officio President of the Board. The Petitioner while working as such, as per Order Dated 29.10.1986 passed by the President (Annexure-1) and the Order Dated 30.10.1986 issued by the Board in Annexure- 1/1, he was granted enhanced scale of pay with effect from 1.4.1986. According to the Petitioner, his enhanced pay was approved by the Finance Department as per Annexure-2 series. An anonymous letter addressed to the Principal Secretary to the Government, Department of Health and Family Welfare, copy of which is annexed as Annexure-A to the counter affidavit filed by O.P...
Jholei Baba Agency (Represented by Its Proprietor Bishnu Charan Swain) ...
Court: Orissa
Decided on: Dec-17-2008
Reported in: AIR2009Ori109; (2009)107CALLT368(NULL)
B.S. Chauhan, C.J.1. This Writ Petition has been filed for quashing the Orders Dated 2.12.2008 (Annex.-2 series), passed by the Learned Presiding Officer, Debt Recovery Tribunal, Cuttack (hereinafter called the Tribunal, in O.A. Nos. 189 of 2008.2. The facts and circumstances giving rise to this case are that the Defendant-Petitioner had taken loan from the Opposite Party-bank and as' it was not paid, the Bank filed a suit before the Tribunal on 01.9.2008 for making the recovery of the outstanding dues.The matter came up for hearing before the Tribunal on 22.10.2008 and notice was issued to the Defendant-Petitioner fixing 02.12.2008 as the date of hearing. The notice could not be served upon the Defendant-Petitioner personally as he was out of station and other adult members of his family did not accept the notice. When the fact came to the knowledge of the Defendant-Petitioner he filed an application before the Tribunal on 17.11.2008 along with IPO of Rs. 250/- to obtain a copy of the...
Babula Patra Vs. the State of Orissa
Court: Orissa
Decided on: Dec-17-2008
Reported in: 2009(I)OLR433
Pradip Mohanty, J.1. This criminal appeal is directed against the judgment and order dated 21.04.1990 passed by the learned Special Judge, Koraput, Jeypore in T.R. Case No.19 of 1990 convicting the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act and sentencing him to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500/-, in default to undergo rigorous imprisonment for one month.2. The case of the prosecution is that on 24.10.1987, the appellant was found in possession of 13 quintals and 9 K.Gs. of coarse paddy in the weekly market at Bobia. He had no licence or permit in support of such possession. The Supply Inspector, Kotpad, detected the stock of such paddy with the accused and seized the same along with weighing scale and weighing instrument from the possession of the accused. Thereafter, he launched prosecution.3. Plea of the appellant was that he has cultivable land and the paddy in question is the yield of his land. He brought that pa...
State of Orissa Represented by the Commissioner of Sales Tax Vs. Sidha ...
Court: Orissa
Decided on: Dec-17-2008
Reported in: 107(2009)CLT182; 2009(I)OLR394; (2009)23VST230(Orissa)
Indrajit Mahanty, J.1. This Sales Tax Revision arises out of a reference made by the Orissa Sales Tax Tribunal under Section 24(1) of the O.S.T. Act, 1947 referring to the following questions for the opinion of this Hon'ble Court:1. Whether in the facts and in the circumstances of the case, the Sales Tax Tribunal is justified to hold that the Respondent is engaged in the distribution of electricity so as to be entitled to purchase goods at concessional rate of tax on the strength of 'C forms?2. Whether on the facts and in the circumstances of the case, the Respondent in executing the works contract with NTPC is engaged in the distribution of electricity ?3. Whether on the facts and in the circumstances of the case, the Sales Tax Tribunal is justified to hold that the Respondent in executing the works contract is entitled to the use of Form IV for concessional purchase of goods even when it does not concern?(a) manufacture of goods for sale;(b) packing, processing of goods for sale;(c) ...
Sana Santa Vs. State of Orissa
Court: Orissa
Decided on: Dec-17-2008
Reported in: 107(2009)CLT219
1. Conviction of the Appellant under Section 302/201, I.P.C. and the sentences of imprisonment for life and rigorous imprisonment for four years imposed by Learned Addl. Sessions Judge, Nabarangpur in Sessions Case No. 26 of 2000 arising out of G.R. Case No. 418 of 1997 of the Court of J.M.F.C, Umerkote is under challenge.2. According to the case of the prosecution, on 09.12.1997 in the evening accused Sana Santa finding the deceased Agadhu Santa alone on the road, committed his murder by a knife (M.O.-I) and with the help of Mika Santa (P.W.2) he shifted the dead body to another place near village Baghdian. The further case of the prosecution is that on the following day, i.e., on 10.12.1997, on being informed about the dead body, P.W. I Rama Santa went and saw the dead body of his father with cut injuries in his neck and cheek. Since the culprit was not known to him and the death created terror in his mind, therefore, after consulting his mother and other relatives he cremated the de...
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