Court : Orissa
Reported in : 2008(II)OLR699
B.P. Das, J. (Chairman)1. The order dated 14.7.2005 passed by the State Pollution Control Board, Orissa, (in short 'the State Board') in exercise of the powers conferred under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 (in short 'the Act'), vide Annexure-3, directing closure of the stone crusher unit running in the name and style M/s. Sarala Stone Crusher At-Kuradhamala, P.O.-Daleiput, Dist-Khurda, is under challenge in the present appeal filed by the Proprietor of the unit under Section 31 of the Act.2. The case of the appellant, in brief, is that after obtaining provisional registration certificate from the District Industries Centre, Puri, he established the crusher unit in 1983. While the appellant was operating his unit, on 16.6.2005 the Board issued a notice, vide Annexure-2, to show cause as to why the direction for closure under Section 31A of the Act and to stop operation of the unit shall not be issued for the alleged violation of certain siting cr...
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori136
ORDERA.S. Naidu, J.1. Heard.2. Both the writ petitions involve similar questions of facts and law and as such on the request of the learned Counsel for all the parties, they are taken up for hearing together.3. The dispute in the present writ petition is with regard to appearing in the entrance test conducted by P.G. Medical Selection Committee, 2008 for taking admission into different disciplines of P.G. courses available in the three Medical Colleges of Orissa. The relevant portion of the Notification issued by the P.G. Medical Selection Committee, 2008, reads as follows:Candidates who have completed five years of service by 31-12-2007 will be considered as in-service candidates and who have completed one year Rotatory Housemanship/Internship Training by 31-12-2007 will be considered as Direct Candidates.4. It is pertinent to mention here that in these two writ petitions the dispute is with regard to the Direct Candidates. According to learned Counsel, the petitioners in both the cas...
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ2341
ORDERS.C. Parija, J.1. The petitioner, who is a practising advocate of Bhubaneswar Bar has filed this revision application under Section 401, Cr.P.C. challenging the order dated 13-10-2006 passed by the learned Special C.J.M. (CBI), Bhubaneswar, rejecting the petition filed under Sections 227 and 228, Cr.P.C. and directing framing of charge against the petitioner under Section 120B read with Section 420, I.P.C.2. The case of the prosecution, is that, accused No. 1-Manoj Kumar Ray set up a business to deal in Two-wheelers in the month of January, 1997 under the name and style M/s. Usha Auto mobiles. He opened a current account in Bank of India, SSI Branch, Bhubaneswar on 17-2-98. A couple of months thereafter he applied to the Bank for a Cash Credit Limit up to Rs. 8 lacs. The Bank while enquiring into his solvency and eligibility relied on the Valuation Report submitted by accused No. 3-Tara Prasad Dhal, an Architect and Proprietor of M/s. Design Group, Saheed Nagar, Bhubaneswar in res...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT860; 2008(II)OLR243
Sanju Panda, J.1. This Civil Revision is directed against the Order Dated 7.7.2007 passed by the Learned Civil Judge (Senior Division), Bhanjanagar in C.S. No. 42 of 2006.2. Petitioners are defendant Nos. 1 to 4 in the suit filed by the Plaintiff opposite party Nos. 1 and 2 for a declaration that they are the wife and daughter of late Subash Chandra Padhi. Said Subash Chandra Padhi died on 13.12.2005 while he was in service. Since they are legal heirs-cum-successors of Subash Chandra Padhi, they are entitled to receive all the dues i.e. salary amount, GPF, gratuity, family pension etc. In the plaint, they have specifically stated that during the lifetime of Subash Chandra Padhi, he was not pulling on well with the plaintiffs for which they were living separately. Subash Chandra Padhi was paying maintenance to them as per the order passed by the Learned S.D.J.M., Bhanjanagar vide Misc. Case No. 101 of 1988 in a proceeding under Section 125 Cr. P.C. They have further pleaded that after t...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT863; 2008(II)OLR125
Sanju Panda, J.1. The Petitioner filed a petition under Section 151 read with Section 152 of the Civil Procedure Code for correction of the Judgment and decree which was registered as C.M.A. No. 8/9 of 2003. The Learned Ad hoc Addl. District Judge, Fast Track Court, Keonjhar dismissed the said application on 11.4.2006 which is impugned in this revision. The limited prayer of the Petitioner in this civil revision is that a direction may be issued to the lower Appellate Court to correct the ordering portion of the Judgment and decree passed by it as there was a mistake in the ordering portion of the Judgment.2. The facts of the case in a nutshell are as under; Opposite party No. 1 as Plaintiff filed the suit for partition and the said suit was decreed by the Learned Trial Court against the defendants 1 and 2 with a direction that the Plaintiff is entitled to 1/4th share in the suit land under Khata No. 163. Being aggrieved by the said decree, Defendant No. 1 filed the appeal before the l...
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR683
S.R. Singharavelu, J.1. This Miscellaneous Appeal arises out of the order dated 11.10.1999 passed by the Civil Judge (Senior Division), Kuchinda in Misc. Case No. 5 of 1997, filed by the appellant-defendant No. 1 - petitioner under Order 9 Rule 13 C.P.C. to set aside the ex parte decree dated 12.5.1992 passed in T.M.S. No. 10/90.2. T.M.S. No. 10/90 filed by the respondent No. 1 - plaintiff is for recovery of Rs. 3,33,819.95.3. The learned trial Judge dismissed the application filed by the defendant No. 1 under Order 9 Rule 13 C.P.C. taking into consideration the fact that the said defendant had not proved that he had got knowledge of the decree for the first time only on a date prior to the date of filing of the application under Order 9, Rule 13, C.P.C. In this connection, the trial Judge burdens the petitioner-defendant No. 1 to say that the signature found in the summons said to have been served by the process server, who was examined in the Court by the respondent No. 1/plaintiff, ...
Tag this Judgment!Court : Orissa
Reported in : [2008(118)FLR913]; (2009)ILLJ861Ori
M.M. Das, J.1. Heard learned Counsel for the petitioner and learnt counsel for the workman-opposite party No. 1.2. This writ application has been filed by the Management, Food Corporation of India, challenging the award dated February 22,1999 vide Annexure-1.3. The workman-opposite party No. 1 was being engaged by the management as a Sweeper for one hour daily on payment of Rs. 50 per month. A claim was made by the Union of which, the workman-opposite party No. 1 is a member before the A.L.C. (Central) on September 18, 1990. When the conciliation proceeding was pending the workman-opposite party No. 1 was disengaged. According to the workman-opposite party No. 1, he was disengaged on October 17,1992. Bui it appears that when the conciliation proceeding was continuing, it was admitted by the management that the workman-opposite party No. 1 was continuing to work as a Sweeper on November, 3,1992. Conciliation having failed, a reference was made to the Industrial Tribunal, (Central), whic...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT807; 2008(I)OLR976
ORDERB.P. Das and M.M. Das, JJ.1. This Misc. Case has been flied by the filed by the Executives of Cuttack Mahanagar Band Party Association for modification/ clarification of the Order Dated 7.12.2007.By the said Order Dated 7.12.2007, it was directed that in marriage processions only one sound box shall be used. The applicant - association has pleaded that minimum requirement of sound box to play music is six in number, each being required for one type musical instrument, which are used in band party. It has been further stated that the cumulative sound effect of all six sound boxes will not exceed the sound limit as fixed by the Hon'ble Supreme Court. On this ground, it has been sought for that necessary directions should be issued in modification of the Order Dated 7.12.2007 for using at least six sound boxes.2. The State Pollution Control Board was asked to give its reaction to this Misc. case, and, accordingly, an affidavit has been filed by the State Pollution Control Board annex...
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ2397; 2008(I)OLR721
S.C. Parija, J.1. Whether a tenant whose tenancy has come to an end by efflux of time on expiry of his tenancy or has been terminated by notice and who continues in possession of the tenanted premises can be said to have committed the offence of criminal trespass under Section 441 I.P.C. (Orissa Amendment). This is the moot question which needs to be determined in the present case where cognizance has been taken against the petitioner under Sections 447/448 I.P.C. which is under challenge in this application under Section 482 Cr.P.C.2. The case of the petitioner (accused) is that he was a tenant under the opposite party (complainant) of the premises consisting of four rooms situated on plot No. 1687 under Khata No. 38 in village Sundergram, measuring an area of Ac. 0.2.5 kadi. The said tenanted premises was given on rent to the petitioner on a monthly rent of Rs. 5007- and the petitioner was occupying the said premises as a tenant, on payment of monthly rent.3. In July, 1998, the wife ...
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR35
S.C. Parija, J.1. The petitioner has filed this application under Section 482, Cr.P.C. challenging the initiation of criminal proceeding against him and Ors. in Saintala P.S. Case No. 172 of 2006, corresponding to G.R. Case No. 461 of 2006 pending in the Court of learned S.D.J.M., Titilagarh, for alleged commission of offence punishable under Sections 47(a)/57(c) of the Bihar and Orissa Excise Act (for short the 'Act').2. The facts as alleged in the F.I.R. is that on 07.11.2006 at about 9 P.M. one Santosh Kumar Agarwal, son of late Jugal Kishore Agarwal of village Belgaon, P.S. Saintala, reported to the Saintala Police Station that on last July, 2006 one Ashok Srivastav of Titilagarh came to him and requested him to give a stall from his market complex, which is located at Belgaon on rental basis to open a grocery shop. In this regard the said Ashok Srivastav rented stall No. 4 for opening of grocery shop. Subsequently, he came to know that said Ashok Srivastav has used the shop room f...
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