Orissa Court December 2008 Judgments
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Dwarikanath Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-17-2008
Reported in: 107(2009)CLT453
B.P. Das, J.1. The Petitioner has filed this writ application with a grievance that though he has been working as Junior Assistant/Clerk on N.M.R. basis in the Cuttack Municipal Corporation (in short, 'Corporation') since 1.11.1990, his services have not been regularized.2. Perusal of Annexure-6, i.e., Order Dated 19.7.2001 passed by the Director, Municipal Administration and Ex-Officio Additional Secretary to Government, shows that the case of the Petitioner was considered for regularization but the same was rejected because he could not be able to produce any document regarding entrustment of work of Jr. Assistant in the Corporation. Simultaneously, the Chief Executive of the Corporation has reported that there is no documentary evidence in his favour regarding entrustment of work, for which the Selection Board did not consider his case for regularization in the rank of Jr. Assistant.3. Counter affidavits have been filed by O.Ps. 1 & 2 and O.Ps. 3 & 4. In paragraph-6 of the counter a...
Lakhiram JaIn and Sons Vs. Sales Tax Officer and anr.
Court: Orissa
Decided on: Dec-16-2008
Reported in: 107(2009)CLT107; (2009)21VST280(Orissa)
B.N. Mahapatra, J.1. In this petition, the Petitioner challenges the inaction of the Opposite Party No. 1-Sales Tax Officer, Rayagada Circle, Rayagada (hereinafter called as the 'assessing officer') in supplying certified copies of three slips and thirty-six written pages of one diary taken away by the Vigilance Sales Tax Squad of Berhampur Vigilance Division on the date of surprise visit, i.e., 12.3.2008 and certified copy of the report submitted by the CTO (Vigilance), Berhampur [hereinafter referred to as the 'CTO(V)'] on the basis of said surprise visit.2. The facts and circumstances giving rise to the present petition are that one M/s. Lakhiram Jain and Sons is a partnership firm. It carries on business in seasonal goods, paddy and broken rice on retail as well as wholesale basis. Besides the trading business, the Petitioner- firm is also running a rice mill under the name 'Bhagabati Rice Mill'. The said firm is registered with the assessing officer under the Orissa Value Added Ta...
Paradeep Phosphates Ltd. Vs. Board of Trustees, Paradeep Port Trust
Court: Orissa
Decided on: Dec-16-2008
Reported in: AIR2009Ori114
I. Mahanty, J.1. Paradeep Phospates Ltd. the petitioner-company is a company incorporated and registered under the Indian Companies Act, 1956. The petitioner-company has commissioned a fertilizer plant near Paradeep Port in the district of Jagatsinghpur, since 1982, as a joint venture company, of Government of India and the Government of Nauru. In course of time the Government of Nauru withdrew its investment and 'the Government of India became the sole shareholder of the petitioner-company. From the writ petition it further appears that Government of India divested 74% share of the petitioner-company in favour of M/s. Zuari Maroc Phosphates Ltd. By virtue of the said share purchase agreement dated 28-2-2002 where by the management and control of the petitioner-company was handed over to M/s. Zuari Maroc Phosphates Ltd.The petitioner-company needed to import raw materials, machineries and other equipments for the purpose of manufacture of different types of fertilizer and also for the ...
Sri Narayan Khandelwal and ors. Vs. Barmeshwar Pandey and anr.
Court: Orissa
Decided on: Dec-15-2008
Reported in: 107(2009)CLT202
Sanju Panda, J.1. Since common questions are involved in both the appeals which arise out of one order, they were heard together and are being disposed of by this common Judgment.Aggrieved by the Order Dated 18.9.2008 passed by the Learned District Judge, Balasore-Bhadrak, Balasore in Arbitration Petition No. 66 of 2008 in exercise of the powers under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'), the Appellants have filed these appeal.2. In short, the prayer made in each of the appeals is stated below: Arbitration Appeal No. 25 of 2008.after hearing the parties allowed the appeal with cost by setting aside the impugned order dt. 18.9.08 passed by the Learned District Judge, Balasore in Arbitration Petition No. 66/2008.Arbitration Appeal No. 27 of 2008.and after hearing the parties set aside the impugned Order Dated 18.8.2008, appoint the Appellants as the receiver of the business, and in the alternative delete Clause (ix) from the Judgm...
In Re: District Judge
Court: Orissa
Decided on: Dec-15-2008
Reported in: 2009(I)OLR352
B.S. Chauhan, C.J.1. The Puri Bar Association, Puri -a registered Association of the District Court Advocates, submitted a representation/ complaint dated 24.11.2008 by Fax through its Secretary addressed to the Hon'ble Chief Justice of Orissa High Court & other companion Judges of the Court, seeking transfer of the District Judge, Puri on the ground that he misbehaved with Advocate, namely, Shri Manoj Kumar Mohapatra, while conducting the proceedings peacefully in Election Misc. Case' No. 28 of 2007 before the said Court on 21st November, 2008. A requisition signed by large number of Advocates was submitted to the Secretary of the Bar Association and accordingly its President Shri Aditya Hrudaya Mishra, called a General Body meeting on 22.11.2008 which passed Resolution No. 25 raising the grievance against the District Judge, Puri and deciding to cease work in his Court and continue with the same till the District Judge is transferred from the District Judgeship, Puri. A copy of the R...
Dilip Kumar Ray Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-15-2008
Reported in: 2009(I)OLR498
B.P. Das, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973 ('Cr. P.C in short) has been filed with a prayer to quash the First Information Report dated 28.6.1996 lodged by the Inspector of Vigilance, Cuttack, against the petitioner under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 ('P.C. Act' hereinafter) and registration of Cuttack Vigilance P.S. Case No.53 of 1996 by the Superintendent of Police, Vigilance, Cuttack. It may be stated here that during pendency of this application, charge-sheet against the petitioner has been filed on 15.5.2007.2. The case of the petitioner, as narrated in the application, briefly stated, are thus: The petitioner was born in a business family at Rourkela and after death of his father-Hrushikesh Ray in 1978, he inherited the business of his father. Most of the business operations, which the petitioner inherited, were located at Rourkela and petitioner's wife-Nilima Ray and mother-Kalay...
Dhenkanal Mehentar Sangha Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-12-2008
Reported in: 107(2009)CLT189; (2009)IIILLJ86Ori
R.N. Biswal, J.1. The Petitioner, Dhenkanal Mehentar Sangha, being represented by its General Secretary, has filed this Writ Petition as the Opp. Parties, particularly Opp. Party No. 1 did not refer three of the demands raised by it to the proper adjudicating authority under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'I.D. Act').2. As per the case of Petitioner, it submitted a charter of demands before the Management of Dhenkanal Municipality on 16.8.1993 with copy to District Labour Officer, Dhenkanal. In the charter, there were 18 demands. Pursuant to such demands, the matter was enquired into and on being satisfied about the existence of industrial disputes, it was admitted by the Conciliation Officer, Opp. Party No. 2, on 10.12.1993. On conciliation, all but five demands could not be settled and accordingly Opp. Party No. 2 submitted his failure report vide Annexure-1 to Opp. Party No. 1 on 26.9.1994, out of which, Opp. Party No. 1 found only two de...
State of Orissa Vs. Madhu SwaIn and ors.
Court: Orissa
Decided on: Dec-12-2008
Reported in: 107(2009)CLT241
1. When this Government Appeal is taken up for hearing, Mr. A.K. Misnra, Learned Standing Counsel files a memo along with the Death Certificates and submits that accused-Respondent No. 7 Narendra @ -Babula Swain died on 18.05.2006 and accused-Respondent No. 8 Sadhu Swain died on 26.03.2004. Learned Counsel for the Respondents does not dispute to that factual submission. Under such circumstance, the Govt. Appeal abates against the aforesaid two deceased accused- Respondents.2. Heard argument from the parties. Hearing is concluded and the Judgment is as follows.3. Nine accused persons (including the two deceased accused persons) faced the trial in the Court of the Sessions Judge, Balasore in Sessions Trial No. 67 of 1992 for the offence under Section 302/201/34, I.P.C. On 04.11.1992 Learned Sessions Judge pronounced the impugned Judgment acquitting all the accused persons from the charges. The State filed application of leave to appeal. On 29.03.1999 leave was granted and this Government...
Rakesh Kumar Mahajan and ors. Vs. State Bank of Bikaneer and Jaipur an ...
Court: Orissa
Decided on: Dec-11-2008
Reported in: AIR2009Ori129; 107(2009)CLT184
Indrajit Mahanty, J.1. In the present writ application, the Petitioners-the Mahajan brothers seek to challenge the notice under Section 13(2) of the NPA Act issued to M/s. Chirag Alankar Pvt. Ltd.-Opposite Party No. 2 (partnership farm) under Annexure-11 to the writ application.2. From the facts narrated in the writ application and various documents appended thereto, it appears that M/s. Chirag Alankar Pvt. Ltd.-Opposite Party No. 2 obtained a loan from Opposite Party No. 1-Bank, namely, State Bank of Bikaneer and Jaipur and for such purposes, Smt. Narmada Devi Patodia (Mother of the promoters of the company) created equitable mortgage by submitting title deeds of the land in question with the Opposite Party-Bank on 21.7 .1999. The impugned notice under Section 13(2) of the NPA Act under Annexure-11 pertains to the said land mortgaged by Smt. Narmada Devi Patodia and issued since the loanee-company defaulted in repayment of their loans.3. Mr. S.P. Mishra, Learned senior advocate appear...
Minu @ Sanjay Behera Vs. State of Orissa
Court: Orissa
Decided on: Dec-11-2008
Reported in: 107(2009)CLT113; 2009(1)OLR750
1. Heard further argument from the parties. Hearing is concluded and the Judgment is as follows.2. Appellant challenges the Judgment dated 21.11.1998 of Learned Addl. Sessions Judge, Rourkela in Sessions Trial No. 211/61 of 1995 arising out of G.R. Case No. 861 of 1995 of the Court of S.D.J.M., Panposh corresponding to Lathikata P.S. Case No. 17 of 1995. In that case accused stood charged for the offence under Section 302, I.P.C. and after completion of the trial Learned Addl. Sessions Judge found the accused guilty of the offence of murder and sentenced him to undergo imprisonment for life.3. According to the prosecution, accused was unhappy on the conduct of Hari @ Harekrishna Senapati (hereinafter referred to as 'deceased') and therefore in the night between 22nd and 23rd of June, 1995 while the deceased was sleeping on the verandah of the brick-kiln office of Giridhari Swain (P.W.6), accused came and dealt multiple blows by means of 'Katari' (knife), M.O.-I. After dealing such blow...
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