Orissa Court February 2008 Judgments
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Sri Kailash Nahak @ Naik and ors. Vs. State of Orissa
Court: Orissa
Decided on: Feb-14-2008
Reported in: 2008CriLJ2909; 2008(I)OLR666
ORDERM.M. Das, J.1. A common question having been raised in all these bail applications, the same were heard together. Out of the above cases, the BLAPL Nos. 7840, 8580, 8690, 8896, 8974, 8986, 9948, 10559, 10826, 11737 and 12903 of 2007 are applications filed under Section 438, Cr.P.C. and BLAPL Nos. 11222 and 12061 of 2007 are filed under Sections 439, Cr.P.C. In all these cases offence under Section 47 (a) of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the State Act') has been alleged.2. Mr. S. Pradhan, learned Counsel appearing for the State raised a preliminary objection with regard to grant of bail to the petitioners. He contended that in view of the new Section 85-A introduced into the State Act, which has come into force with effect from 01.06.2006, a bar has been created for granting bail to the accused, who is alleged to have committed an offence under the Act punishable for a term of imprisonment of seven years or more. Such accused can only be granted...
Sonia Shivalika Mishra Vs. the Chief Executive and Secretary, Council ...
Court: Orissa
Decided on: Feb-14-2008
Reported in: 105(2008)CLT624
A.K. Parichha, J.1. An aggrieved student of Venketeswar English Medium School, Unit-IV, Bhubaneswar has filed this writ application for quashing of Annexure-1 wherein the committee constituted by Opp. Party No. 1 under Chapter-VI of the Rules of the Council for Conduct of Examination Centre rejected the representation of the Petitioner to extend the benefit of 'Special Difficulty Procedure' and declare her passed the Indian School Certificate Examination (in short, 'ISCE') held in March, 2007.2. The Petitioner's case, shorn of unnecessary details, is that she was a student of Class-X and had secured very good marks in internal and practical examinations conducted by Opposite Party No. 2 during the academic year 2006-07, but due to misfortune she suffered from jaundice and was bedridden from 26.02.2007 to 02.04.2007. During that period her father, who is her single parent, also fell seriously ill and had to undergo specialized treatment at Chennai from 09.12.2006 to 31.03.2007. In such ...
Hemanta Rath Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Feb-14-2008
Reported in: AIR2008Ori71; 2008(I)OLR916
A.K. Ganguly, C.J.1. This writ petition has been filed in public interest by one Hemanta Rath, who describes himself to be a Social Activist and also claims to function as the President of Deaf and Dumb Society in the district of Khurda.2. In this petition a complaint is made that the State of Orissa is not implementing the provisions of Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter called 'PNDT Act') even though the said Act was brought into existence in 1996 and was amended in order to make its provisions more effective by the Amendment Act 14 of 2003. The said amendment has come into existence with effect from 14-2-2003.3. The said Public Interest Litigation was filed noticing series of news items in the newspapers and in the electronic media to the effect that there have been recovery of hundreds of skeletons, skulls, body parts of children from different parts of the State. The petitioner asserts that recovery of such huge ...
Nanda Kishore Barik (Dead), After Him, His L.R. Smt. Nila Barik Vs. Un ...
Court: Orissa
Decided on: Feb-14-2008
Reported in: (2008)106CALLT287; 2008(I)OLR935
M.M. Das, J.1. The original petitioner- Nanda Kishore Barik knocked the doors of justice by filing the present writ petition in the year 1996 at a ripe old age of 74 years, for quashing the order under Annexure-9 issued by the Under Secretary to the Government of India in its Ministry of Home Affairs to the original petitioner. By Annexure-9, the claim of the original petitioner for grant of freedom fighters' pension under the Swantantra Sainik Sammana Pension Scheme (hereinafter referred to as 'the S.S.S. Scheme') was rejected. Relevant portion of Annexure-9 is as follows:In pursuance of directions of the Hon'ble High Court, the case of Sh. Barik has been reconsidered on the basis of the reports furnished by the State Govt., and in accordance with the provisions of the scheme and instructions issued thereunder, but it has not been found possible to grant him pension as the official evidence produced by him does not confirm his claimed jail suffering of six months or more and the perso...
The Management of Bhubaneswar Electrical Division (Gridco) Vs. the Gen ...
Court: Orissa
Decided on: Feb-14-2008
Reported in: 106(2008)CLT103; [2008(117)FLR834]
M.M. Das, J.1. This Writ Petition has been filed by the Petitioner- Management with the following prayer:In the circumstances, your humble Petitioner most respectfully and fervently prays that this Writ Petition may kindly be admitted for hearing and after notice to the Opp. Parties, if they appear and contest, the parties so appearing may be heard and the impugned award may be set aside and the matter may be remanded to the Labour Court for giving an award in accordance with law2. The award under challenge was passed by the Presiding Officer, Labour Court, Bhubaneswar in I.D. Case No. 61 of 1998 on 10.12.2001.An Industrial dispute was raised by fifty-nine N.M. Rs. through the Orissa State Electricity Board, Sramik Mahasangha, Bhubaneswar. The conciliation having failed and failure report sent to the appropriate Ministry, a reference was made to the Labour Court under Section 10 of the I.D. Act to the following effect:Whether the action of the Executive Engineer, Bhubaneswar Electrical...
Sunil Kumar Dass (Dead) by L.Rs. and ors. Vs. the Revenue Divisional C ...
Court: Orissa
Decided on: Feb-13-2008
Reported in: 105(2008)CLT819; 2008(I)OLR530
B.P. Das, J.1. These two writ petitions are directed against a common order dated 20.9.2001 (Annexure-1) passed by the Revenue Divisional Commissioner, Central Division, Cuttack, in Khasmahal Lease Appeal Nos. 1 and 3 of 2000 affirming an order dated 24.12.1999 (Annexure-2) passed by the Collector, Puri, in Misc. Case No. 2 of 1999.2. The petitioners in OJC No. 13094/2001 were the appellants in the aforesaid Khasmahal Lease Appeal No. 1/2000 while the petitioners in W.P.(C) No. 14085/2003 were the appellants in Khasmahal Lease Appeal No. 3/2000. As the petitioners in both these writ petitions challenge the same orders Annexures-1 and 2, the same were heard together. On an application filed by Sipra Das Biswas (opposite party No. 5 in OJC No. 13094/2001 and opposite party No. 4 in WP (C) No. 14085/2003), which was registered as Misc. Case No. 2 of 1999, the Collector by the aforesaid order Annexure-2 had cancelled the approval of permanent lease in B.P.L. Case No. 153/1994 in respect of...
State of Orissa Represented by Collector and anr. Vs. Sahukar Gurumurt ...
Court: Orissa
Decided on: Feb-13-2008
Reported in: 105(2008)CLT800; 2008(15)OLR401
A.K. Parichha, J.1. This second appeal by the Defendants is directed against the Judgment of Learned Additional District Judge, Jeypore passed in T.A. No. 29 of 1990 confirming the Judgment and decree passed by the Learned Sub-ordinate Judge, Jeypore in T.S. No. 221 of 1986.2. The Respondent as Plaintiff brought the suit to declare him as the owner of the suit land and to restrain the Defendants from interfering with his session and in the alternative to recover possession of the suit property, if found is possessed in the meantime by the Tahsildar in the OPLE proceeding. The case of the Plaintiff in brief is that the land appertaining to Plot Nos. 126 and 127 in Khata No. 74 of Mouza- Neelakantheswarpur with other lands recorded as hal plot Nos. 1042 and 1043 of Khata Nos. 75 and 76 belonged to one Shyam Ghadai who sold those lands to one Ballaba Ghadai vide registered sale deeds dated 08.08.1943 and 03.11.1943. Ballaba Ghadai possessed those lands till 1951 when he sold the same to C...
Land Acquisition Collector Vs. Madanlal Agrawal
Court: Orissa
Decided on: Feb-13-2008
Reported in: (2008)106CALLT179; 2008(I)OLR922
Sanju Panda, J.1. This First Appeal is directed against the judgment dated 19.8.1995 passed by the learned Civil Judge (Senior Division), Bhawanipatna in MJC No. 118 of 1982 in a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as to 'the Act').2. Land Acquisition Collector is the appellant. The land appertaining to plot Nos. 2288 (Ac.40 decimals) and 2289 (Ac.60 decimals) was acquired in village Jaipatna in the district of Kalahandi for Upper Indravati Multipurpose Project. The total area of the land acquired by the Government was Ac.1.00 dec. and the Government constructed a road on the said land. The grievance of the claimant-Madanlal Agarwal is that he was owner in possession of Ac.4.72 decimals of land under Khata No. 255/243 where he was running a brick factory named and styled as M/s. Arya Bricks Factory. He had invested a huge amount of money in the said brick kiln, chimney and also for foundation of the office and residence at the site.3. The Lan...
Soumendra Nath Das and ors. Vs. Rushikulya Gramya Bank and anr.
Court: Orissa
Decided on: Feb-12-2008
Reported in: 105(2008)CLT546
B.P. Das, J.1. The Petitioners, who are working as officers in the cadre of Junior Manager in Rushikulya Gramya Bank and posted in different branches of the Bank in Ganjam district, have flied this Writ Petition. challenging the process of selection adopted by the Bank for promotion of officers from Junior Management-I (JM-I) scale to Middle Management-ll (MM-II) scale on the ground that the same was done in an arbitrary manner and in violation of the statutory guidelines issued by the Government of India in the Ministry of Finance (Banking Division).2. The Petitioners are all officers of JM-I scale. According to them, they were eligible to be promoted to MM-II scale. Pursuant to the circular dated 23.6.2004 issued by the Head Office of the Bank vide Annexure-2 for promotion to various cadres including promotion to 17 posts in MM-II grade from JM-I grade, the process of selection was initiated with the issue of call letters to eligible candidates and also circular for written examinati...
Soumendra Nath Das Vs. Rushikulya Gramya Bank and anr.
Court: Orissa
Decided on: Feb-12-2008
Reported in: 2008(I)OLR769
B.P. Das, J.1. The petitioners, who are working as officers in the cadre of Junior Manager in Rushikulya Gramya Bank and posted in different branches of the Bank in Ganjam district, have filed this writ petition challenging the process of selection adopted by the Bank for promotion of officers from Juni6r Management-I (JM-I) scale to Middle Management-II (MM-II) scale on the ground that the same was done in an arbitrary manner and in violation of the statutory guideline issued by the Government of India in the Ministry of Finance (Banking Division).2. The petitioners are all officers of JM-I scale. According to them, they were eligible to be promoted to MM-II scale. Pursuance to the circular dated 23.6.2004 issued by the Head Office of the Bank vide Annexure-2 for promotion to various cadres including promotion to 17 posts in MM-II grade from JM-I grade/the process of selection was initiated with the issue of call letters to eligible candidates and also circular for written examination...
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