Orissa Court May 2008 Judgments
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Batakrushna Adhikari Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-07-2008
Reported in: (2008)106CALLT212(NULL)
A.K. Ganguly, C.J.1. This appeal has been filed challenging the Judgment and Order Dated 22.6.2001 passed by a Learned Judge of the Writ Court in OJC No. 10584 of 1997.2. In that Writ Petition the present Appellant was the Petitioner and he prayed for quashing the appointment of Opposite Party No. 8 Sachindra Kumar Parida in the post of Trained Graduate Teacher in Mahyama stream as well as for a direction to promote him to the post of Trained Graduate Teacher.3. The case of the Appellant In the Writ Petition as appreciated by the Learned Judge of the Writ Court is that the Appellant was appointed against a Trained Matric Post in Ramdas Sanskrit Vidyapitha on 15.10.1979 and at that point of time the institution was a Prathama institution. Thereafter on 9.1.1981 the said institution started receiving' aid from State Government and became an aided institution. While working in the said institution, the Appellant applied for and acquired B.Ed qualification in 1989 and in the said year the ...
Shiv Dutt Sharma Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-07-2008
Reported in: 106(2008)CLT519
M.M. Das, J.1. The Petitioner has been granted a mining lease over an area of 14.933 hects., which is equivalent to Ac. 36.90 at Raikela village in the district of Sundargarh, the same being an iron ore mining lease. The lease deed was executed between the State of Orissa and the Petitioner in Form 'K' under the M.M & D.R Act- (hereinafter referred to as 'the Act'). The Petitioner was granted mining lease for a period of thirty years. The schedule of the land over which the said mining lease was granted in favour of the Petitioner and mentioned in the lease deed under Annexure-1 is as follows:P. No. Holding Name of the tenants Nature of the land Area in Remark acres7/P 63 Rakhit Gram Jungle 2.90 Part517/P 13 Jagabandhu Naik Goda - I 0.90520/P 51 Raja Dehuri Goda-ll 2.68580/P 47 Ratna munda Goda-I 0.80583/P 33 Budhini Amat Goda-ll 1.02584/P 16 Dasara Dehuri Goda - II 3.20585/P 63 Rakhit Basti Jogya 0.56536/P 65 Abad-Jogya Anabadi Jungle 0.65587 50 Aaibari Panchagai Goda - II 0.36588 50 ...
Kunei Minz Vs. R.C. Nayak and anr.
Court: Orissa
Decided on: May-07-2008
Reported in: 106(2008)CLT706; (2009)ILLJ632Ori
B.P. Das, J.1. The workman being aggrieved by the Judgment dated 10.9.1999 passed by the Asst. Labour Commissioner & Commissioner for Workmen's Compensation, Rourkela, ('Commissioner' hereinafter) in W.C. Case No. 38/99 has filed this appeal under Section 30(1) of the Workmen's Compensation Act, 1923 (in short 'the Act') for enhancement of the compensation awarded by the Commissioner.A Learned single Judge of this Court while hearing this appeal found that the Division Bench decision of this Court in C. David v. Gobind Chandra Mishra and Anr. 1997 (I) OLR 353, and the single Judge decision in Golakha Chandra Bej v. Gobinda Hari Passoria and Anr. 1997 (II) OLR 146, both rendered relying upon the decision of the Supreme Court in Pratap Narain Singh Deo v. Shrinivas Sabata and Anr. : (1976)ILLJ235SC , were contradictory. Keeping in view the conflicting opinions and the importance of the question involved, the Learned single Judge by Order Dated 14.3.2000 referred the matter to a larger Be...
Epari Sadasiva Rao Vs. Chief Commissioner of Income Tax and ors.
Court: Orissa
Decided on: May-07-2008
Reported in: (2008)219CTR(Ori)433
B.N. Mahapatra, J.1. The grievance of the petitioner in this writ petition is refusal by the Chief Commissioner of Income-tax, Orissa, Bhubaneswar (hereinafter referred to as 'the Chief CIT) to waive interest levied under Sections 234B and 234C of the IT Act, 1961 (hereinafter referred to as the Act'). The ground for making such grievance is that though benefit of waiver was permitted under Notification F.No. 400/234/95 IT(B), dt. 23rd May, 2006, the said benefit was not made available to the petitioner by subsequent order F. No. 400/29/2002 IT(B) dt. 26th June, 2006 [(2006) 205 CTR (St) 81], which the Chief CIT wrongly relied on. The petitioner also challenges the legality of levy of interest under Section 220(2) of the Act.2. The facts which give rise to the present writ petition are set out below:The petitioner, in the present case, is the 'Karta' of an HUF and was an assessee under the Act during the relevant asst. yr. 1993-94. There was a search and seizure operation under Section...
State of Orissa Vs. Purna Chandra Kusal
Court: Orissa
Decided on: May-07-2008
Reported in: 2008CriLJ4597
B.P. Das, J.1. The Jail Criminal Appeal is directed against the judgment and order dated 2-12-2004 passed by the learned Addl. Sessions Judge, Rourkela, in S.T. No. 181/15/2003 convicting the appellant-Chhotu alias Purna Chandra Kusal (hereinafter called 'accused') under Sections 302 and 376 of the Indian Penal Code (IPC) for committing rape and murder of a small child of five years of age by name Kajal on the Children's Day of the year 2002.The Death Reference is a reference made by the learned Addl. Sessions Judge, Rourkela, under Section 366 of the Code of Criminal Procedure, 1973 ('Cr. P.C.') hereinafter) for confirmation of the sentence of death awarded to the appellant under Section 302 of the Indian Penal Code ('IPC in short) by the judgment and order dated 2-12-2004 passed in S.T. No. 181/15/2003. The condemned convict has also filed the aforesaid Jail Criminal Appeal challenging the aforesaid judgment and order of conviction and sentence passed by the trial Court. Both the Dea...
Bengal Builders (P) Ltd. Vs. State Bank of India and anr.
Court: Orissa
Decided on: May-07-2008
Reported in: AIR2008Ori191
A.S. Naidu, J.1. This is an appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') assailing the order dated 11th May, 2001 passed by the learned District Judge, Khurda in Arbitration Misc.. Case No. 268 of 2000. By the said order, the learned District Judge has set aside an interim Award passed by the sole Arbitrator Justice J. M. Mohapatra (Retd.).2. The scenario of facts reveals that the appellant-company had entered into an agreement with the State Bank of India, Local Head Office, Bhubaneswar, respondent No. 1, on 18th January, 1994 undertaking construction of the Local Head Office building of the Bank at Bhubaneswar with an estimated cost of Rs. 7 crores (approx). The construction of the said building was to be completed within a period of four years from the date of issuance of the Work Order. According to the appellant, it had quoted a sum of Rs. 6,85,07,140.00 plus the Price Variation Adjustment (for short 'PVA'). It ...
Jadumani Sahu Vs. Oriental Insurance Co. Ltd. and anr.
Court: Orissa
Decided on: May-05-2008
Reported in: 106(2008)CLT563
ORDERS.R. Singharavelu, J. 1. MACA No. 821 of 2006 was preferred by the claimant whereas MACA No. 1080 of 2006 was filed by the Oriental Insurance Company. The delay in preferring the appeal by the Insurance Company is condoned after hearing both sides on payment of compensation of Rs. 1,000/- cost by the Insurance Company to the other side which is complied.2. There was an accident at 5.30 P.M on 19.5.2000 wherein a collision was made by truck bearing Regd. No. OR-05E-3915 upon the auto rickshaw wherein the claimants were traveling.3. One of the occupant has immediately after the accident informed the police hastily mentioning the Regd. No. of the offending truck as OR-05E-1727. But on further investigation, the Investigating agency has traced the correct vehicle bearing Regd. No. OR-05E-3915.4. Based upon the inconsistency regarding the registration number of the offending truck between the information given to the police by the occupant and the finding of the Investigating agency, t...
Jania Munda @ Gania and ors. Vs. State of Orissa
Court: Orissa
Decided on: May-02-2008
Reported in: 2008(II)OLR88
L. Mohapatra, J.1. All the five appellants having been convicted for commission of offence under Sections 302/201/34 of the, Indian Penal Code (in short 'I.P.C.') and sentenced to undergo imprisonment for life for commission of offence under Sections 302/34 I.P.C. and to pay a fine of Rs. 2,000/- each, in default, to undergo further R.I. for one year, and to undergo R.I. for two years each and to pay a fine of Rs. 1,000/- each, in default, to undergo R.I. for six months for commission of offence under Sections 201/34 I.P.C. by the learned Sessions Judge, Sundargarh in Sessions Trial No. 19 of 1999, have preferred this appeal. However, the substantive sentences have been directed to run concurrently.2. The case of the prosecution as revealed from the record is that the appellants and the deceased persons belong to the same village and there was enmity between appellant Singha Munda and the deceased persons, since the former suspected one of the deceased, namely, Balima Munda to be a wit...
Samir Kumar Biswal and ors., Vs. Chief General Manager, Mahanadi Coal ...
Court: Orissa
Decided on: May-02-2008
Reported in: 2008(II)OLR230
R.N. Biswal, J.1. All the writ petitioners raised substantially similar issues of fact and law and as such all the writ petitions are heard analogously and a common judgment is passed thereon.2. The common case of all the petitioners numbering 49 is that the Management of the Mahanadi Coalfields sent requisition to the Employment Exchanges in the state to sponsor the names of candidates having requisite qualifications to fill up 38 posts of Mazdoor category-I (I.T.I). Accordingly, names of 664 candidates were sponsored. The petitioners along with many others submitted their bio datas to opp. party No. 1 and after due scrutiny 316 candidates were allowed to appear in the written test held on 29.10.1995, out of whom 287 candidates including the petitioners were called upon to appear the Trade Test. Accordingly they appeared in the Trade Test in different batches during the period 26.12.1995 to 6.1.1996. A merit list comprising 226 I.T.I. candidates who were found suitable in all respects...
Tutu Alias Bijaya Kumar Patnaik and ors. and Etc. Vs. State of Orissa
Court: Orissa
Decided on: May-02-2008
Reported in: 2008CriLJ3424
L. Mohapatra, J.1. Both the appeals are directed against the judgment and order dated 3-5-2000 passed by the learned Additional District and Sessions Judge, Nayagarh in Special G.R. Case No. 48 of 1998 convicting appellant Dhirendra alias Muna Patra in CRLA No. 137 of 2000 for commission of offence under Sections 366/34 and 368/34 of the I.P.C. read with Section 3 of the S.C. & S.T. (P.A.) Act, 1989 as well as under Section 376 of the I.P.C. Appellants in both the appeals have been convicted under Section 3(i)(xi) of the S.C. & S.T. (P.A.) Act. Appellants Tutu alias Bijay Kumar Pattnaik, Debraj Biswal, Balia Baral and Muna Patra alias Dhirendra have also been convicted for commission of offence under Section 366/34 of the I.P.C. Appellants Tutu alias Bijaya Kumar Patnaik. Ayub Khan, Tulu alias Pralaya Kumar Jagdev, Debaraj Biswal, Balia Baral, Gandhia alias Umesh Palai and Dhirendra alias Muna Patra have been convicted for commission of offence under Section 368/34 of the I.P.C. Appell...
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