Orissa Court May 2008 Judgments
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B. Engineers and Builders Ltd. Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: May-02-2008
Reported in: 2009(I)OLR761
A.K. Ganguly, C.J.1. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'said Act') for appointment of an Arbitrator.2. The Arbitration Clause is as follows:25. Procedure for Disputes:25.1. The Adjudicator shall give a decision in writing within 28 days of receipt of a notification of a dispute.25.2. The Adjudicator shall be paid daily at the rate specified in the Contract Data together with reimbursable expenses of the types specified in the Contract Data and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicator's written decision. If neither party refers the dispute to arbitration within the above 28 days, the Adjudicator's decision will be final and binding.25.3. The arbitration shall be conducted in accordance with the arbitration procedur...
Ajit Narayan Sahoo and Arun Kumar Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-01-2008
Reported in: (2008)106CALLT3(NULL)
I.M. Quddusi, J.1. These two Writ Petitions have been filed seeking relief for issuance of a writ of mandamus commanding the Opposite Parties to accord approval on the recommendation made by the Selection Committee selecting the Petitioner in each of the Writ Petitions as Secretary of Gram Panchayat. Petitioner in W.P.(C) No. 5151 of 2003 was selected by the duly constituted Selection Committee as Secretary of Dimbo Gram Panchayat whereas the Petitioner in W.P.(C) No. 5152 of 2003 was selected as such for the Naranpur Gram Panchayat both in the district of Keonjhar. Since in both the cases the facts and the question of law involved are same, they were taken up together and are being disposed of by this common Judgment.2. Since the post of Secretary of the aforesaid two Gram Panchayats were lying vacant, the Gram Panchayats concerned/decided to fill up the posts and as such selections were made for selecting the Secretaries of those Gram Panchayats according to the Government Order Date...
Haladhar Behera Vs. State of Orissa
Court: Orissa
Decided on: May-01-2008
Reported in: 2008CriLJ3389; 2008(II)OLR142
L. Mohapatra, J.1. This appeal has been filed against the orders of conviction and sentence passed by the learned Sessions Judge, Keonjhar in S.T. Case No. 100 of 2000. The appellant who is husband of the deceased Kabita Jena has been found guilty for commission of offence under Sections 498A, 302 and 304B of the Indian Penal Code (in short 'I.P.C.') as well as under Section 4 of the Dowry Prohibition Act (in short 'D.P. Act'). He has been sentenced to imprisonment for life for his conviction under Section 302 I.P.C. and has further been sentenced to imprisonment for one year for his conviction under Section 498A I.P.C. He has also been sentenced to imprisonment for one year for conviction under Section 4 of D.P. Act, but no separate sentence has been awarded for conviction under Section 304B I.P.C.2. The case of the prosecution is that the appellant had married the deceased Kabita Jena in the month of Asadha of 1999. At the time of marriage, cash of Rs. 30,000/-, gold ornaments and ot...
Manju Kumar Majhi Vs. Registrar, Orissa High Court and ors.
Court: Orissa
Decided on: May-01-2008
Reported in: 106(2008)CLT270; [2008(119)FLR170]; (2009)ILLJ384Ori
I.M. Quddusi, J.1. The Petitioner who was Junior Clerk posted in the Court of Civil Judge (Junior Division)-cum-S.D.J.M., Deogargh in the Judgeship of Sambalpur has filed the instant Writ Petition for setting aside the Order Dated 18.8.2005 passed by the appeal Committee modifying the punishment of dismissal from service imposed by the Learned District Judge, Sambalpur in the disciplinary proceeding initiated against him to that of compulsory retirement and direct the Opposite Parties to reinstate him in service with all consequential service benefits and to pay all back wages.2. The brief facts of the case are that the Petitioner was initially appointed on 10.4.1989 as a Junior Clerk pursuant to a recruitment drive by the District Judge, Sambalpur. He was placed under suspension vide Order Dated 18th May, 1998 pursuant to a Departmental Proceedings initiated against him for misconduct. Thereafter he was served with the charge memo on 23.11.1998. The Departmental Proceedings was regist...
Dr. Bibhuti Kalyan Mahakul Vs. Sambalpur University and ors.
Court: Orissa
Decided on: May-01-2008
Reported in: 2008(II)OLR246
R.N. Biswal, J.1. Pursuant to an advertisement published under Annexure-1, the petitioner applied for the post of Lecturer in Political Science reserved for S.E.B.C. He was called to face an interview on 7.4.2004 before the Selection Committee and accordingly he faced the interview and got selected for the post. On 27.5.2004, vide Resolution No. 32, Syndicate approved the selection and directed for issuance of appointment order to the selected candidates, including the petitioner. Accordingly on 1.6.2004, appointment order was issued in favour of the petitioner with a consolidated pay of Rs. 10,000/- per month under Annexure-5 and he joined in the post. As it appeared that there was gross violation of statutory provisions, U.G.C. guidelines and Syndicate-directives in respect of award of marks to candidates of various teaching posts, it was resolved by the Syndicate on 21.3.2005 vide Resolution No. (IV) that the Hon'ble Chancellor would be requested to cause an inquiry into the fairnes...
Abhimanyu Behera and ors. Vs. Land Acquisition Officer
Court: Orissa
Decided on: May-01-2008
Reported in: 106(2008)CLT240
A.K. Parichha, J.1. The claimants are in appeal against the award dated 18.09.2001 passed by Learned Civil Judge (Senior Division), Bhubaneswar in L.A. Misc. Case No. 780 of 1994.The fact matrix of the case in summary is as follows:Plot No. 2281, 2246, 2247, 2248 under Khata No. 920 of Mouja-Chhanaghar measuring Ac.1.670 decimals belonging to the claimant-Appellants was acquired by the State Government for construction of Major Petroleum Depot vide Notification No. 4 (1) of the Land Acquisition Act (herein after referred to as 'the Act') published in the Orissa Gazette on 5.6.1993. The Land Acquisition Officer, Puri, who is the Respondent, after making inquiry under Section 11 of the Act fixed the market rate of the acquired land at Rs. 2,50,000/- per acre and awarded compensation at that rate. The claimants received the compensation amount under protest and prayed for reference of the matter to the Civil Court for adjudication of the correct market value of the land and in consequence...
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