Orissa Court July 2008 Judgments
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Ramahari Behera and anr. and Birendra Kumar Pathak and anr. Vs. Union ...
Court: Orissa
Decided on: Jul-28-2008
Reported in: 106(2008)CLT888; 2008(II)OLR817
Sanju Panda, J.1. As common questions of law and facts involve in both these appeals, they are being disposed of by this common judgment.These appeals are preferred under Section 23(1) of the Railway Claims Tribunal Act, 1987 by the claimants against two different awards made by the Railway Claims Tribunals, Bhubaneswar in O.A. No. 83 of 1999 dated 25.10.2004 and O.A. No. 41 of 2002 dated 15.10.2004.2. The brief facts of each case are as follows;FAQ No. 16 of 2005On Sadakanta Behera, the deceased, while travelling from Howrah to Balasore in Dhauli Express on 4.12.1998, to sudden jerk, he fell down from the train near about Jaleswar station. Thereafter, the injured was shifted to S.C.B. Medical College and Hospital, Cuttack with the help of staff of Jaleswar Railway Station and others and on the next date he succumbed to the injury. The parents of the deceased filed the claim application and they have proved the tickets and other police papers. The railway authorities filed their writte...
S.B. Overseas Ltd. Vs. Konark Jute Limited and ors.
Court: Orissa
Decided on: Jul-28-2008
Reported in: 106(2008)CLT685; [2009]94SCL279(NULL)
B.N. Mahapatra, J.1. This Appeal is preferred against an Order Dated 02.02.2007 passed by the Company Judge in Company Act Case No. 36 of 2001 directing to hold fresh auction in open Court and consider the respective offers of the parties.2. The case of the Appellant is that in the winding up proceeding Learned Company Judge directed Industrial Development Corporation of Orissa (for short 'IDCOL'), the holding Company of M/s Konark Jute Limited (for short 'KJL'), to publish advertisement by fixing appropriate up set price. It was further directed that the said offer so received in sealed cover should be placed before the Asset Disposal Committee (for short 'ADC') of IDCOL who shall open and consider the same and submit a report to the Company Judge with regard to acceptability of any of the offer so made. The final decision with regard to acceptance of such offer shall be taken up by the Court. In compliance of the said direction of the Company Judge, offers were invited with up set pr...
Sri Radha Krishna Agrawalla Vs. Sri Braja Mohan Lal Agrawalla and ors.
Court: Orissa
Decided on: Jul-28-2008
Reported in: 2008(II)OLR844
Sanju Panda, J.1. In this writ application the challenge is made to the order dated 6.2.2007 passed by the learned Civil Judge (Senior Division) Kuchinda in Civil Suit No. 45 of 2006 wherein he rejected the counter - claim of the petitioner.2. The facts of the case are as follows:Opposite party No. 1 as the plaintiff filed Civil Suit No. 45 of 2006 for partition by metes and bounds amongst the plaintiff, the present petitioner - defendant No. 1 and opposite party Nos. 2 to 5 the other defendants. The petitioner after receiving the notice of the suit, filed his written statement on 30.10.2006 along with a counterclaim as provided under Order 8, Rule 6-A of the Civil Procedure Code. He claimed that (a) Schedule 'E' land of the counter-claim be divided among defendant Nos. 1, 2 and the plaintiff and in the partition, Schedule 'F' land be allotted to the plaintiff, Schedule 'G' land to defendant No. 2, Schedule 'H' land to defendant No. 1, and (b) any other relief which may be deemed prope...
S.B. Overseas Ltd. Vs. Konark Jute Ltd. and ors.
Court: Orissa
Decided on: Jul-28-2008
Reported in: [2008]146CompCas143(Orissa)
B.N. Mahapatra, J.1. This appeal is preferred against an order dated February 2, 2007, passed by the company judge in Company Act Case No. 36 of 2001, directing to hold fresh auction in open court and consider the respective offers of the parties.2. The case of the appellant is that in the winding up proceeding, learned company judge directed Industrial Development Corporation of Orissa (for short 'the IDCOL'), the holding company of M/s. Konark Jute Ltd. (for short 'the KJL'), to publish advertisement by fixing appropriate upset price. It was further directed that the said offpr so received in sealed cover should be placed before the Asset Disposal Committee (for short 'the ADC') of IDCOL who shall open and consider the same and submit a report to the company judge with regard to acceptability of any of the offer so made. The final decision with regard to acceptance of such offer shall be taken up by the court. In compliance of the said direction of the company judge, offers were invi...
Prahallad Chandra Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-28-2008
Reported in: 106(2008)CLT848
A.S. Naidu, J.1. The Petitioner, an erstwhile employee of the Cuttack Municipal Corporation, has approached this Court for issuance of direction to the Opposite Parties to release his pension and arrear salary pursuant to decision of the Municipal Corporation and resolution dated 13-10-2006 passed by the Government of Orissa in the Housing and Urban Development Department.2. In the Writ Petition it has been averred that the Petitioner was initially appointed as an Assistant Teacher under the then Cuttack Municipality in the year 1958. He had been promoted to the grade of Headmaster in the year 1970 and then to the grade of Headmaster, Class II in the year 1975. On attaining the age of superannuation he retired from service with effect from 16-8-1997. His retirement dues like pension, etc. having not been paid he had earlier approached this Court in OJC No. 7216 of 1998 which was disposed of on 14-10-1998 with direction to the Opposite Parties to grant the pension and other benefits to ...
Union of India (Uoi) and anr. Vs. Trilochan Nayak and ors. Etc.
Court: Orissa
Decided on: Jul-28-2008
Reported in: AIR2009Ori91
Kumari Sanju Panda, J.1. As common questions of law and facts involve in these appeals, they are being disposed of by this common judgment.These appeals under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act') have been preferred by the Union of India represented by the General Manager, Central Railway, Bombay, against four different awards made by the Railway Claims Tribunals, Bhubaneswar.2. In brief, facts of each case are as follows:FAO No. 77 of 2006In this appeal, the railway authorities have challenged the award dated 28th November, 2005 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A. No. 27 of 2003 allowing the claim application of the claimants-respondents in a case of death.One Narendra Kumar Nayak, the deceased, while travelling from Ahmedabad to Kharagpur in Ahemedabad-Howrah Express, got down from the train at Nagpur Station to take water and after taking water while he was boarding the train, it started ...
Hero Soap and Chemicals and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-28-2008
Reported in: (2009)26VST268(Orissa)
B.S. Chauhan, C.J.1. This petition has been filed challenging the order of the General Manager, District Industries Centre, Ganjam, dated September 20, 2000 with regard to non-grant of sales tax concession as per Finance Department Notification Nos. SRO 140 and 141 dated February 17, 2000. The petitioner has submitted that in view of the policy decision taken by the State, tax exemption had to be granted to it, but its application for such exemption has been rejected without assigning any reason whatsoever. In fact, the petitioner sought exemption under the aforesaid notification dated February 17, 2000 which could be granted to a person fulfilling the following criteria as on January 1, 2000.(i) Industrial unit which is registered under the Orissa Sales Tax Act, 1947.(ii) Industrial unit which has been allotted land for the factory.(iii) Industrial unit which has applied for finance from regular financial institution.(iv) Industrial unit which will start commercial production before t...
Narayan Behera Vs. Member, Board of Revenue and Three ors. and Lochana ...
Court: Orissa
Decided on: Jul-25-2008
Reported in: 2008(II)OLR377
ORDERM.M. Das, J.1. Heard Mr. Das, learned Counsel for the petitioner and the learned Counsel for the State.2. The sole grievance of the petitioner is that the revision filed by him before the Member, Board of Revenue, Orissa, Cuttack being R.P. No. 1109 of 2002, which was renumbered as O.S.S. No. 1664 of 2003, was dismissed by the Member, Board of Revenue before admitting the same and issuing notice on the sole ground that the petitioner though has mentioned the numbers of the sale deeds and a gift deed to show as to how the land has been transferred from time to time, but such documents were not produced before the revisional authority.3. In case a record is prepared during the course of settlement proceeding, the same can be corrected by exercise of power under Section 32 of the Orissa Survey and Settlement Act, 1958 (for short, 'the Act') by the Member, Board of Revenue. The said provision shows that the Member, Board of Revenue may call for any proceeding and if he finds that the ...
Jagannath Muduli Vs. Nirupama Behera
Court: Orissa
Decided on: Jul-25-2008
Reported in: AIR2009Ori59; 2008(II)OLR387
A.S. Naidu, J.1. This is an appeal under Section 19 of the Family Courts Act assailing the judgment dated 24th March, 2007 passed by the Judge, Family Court, Cuttack in Civil Proceeding No. 433 of 2000. The said Civil Proceeding was registered on the basis of an application under Section 12(1)(a) of the Hindu Marriage Act with a prayer to declare the marriage between the parties null and void and consequential direction.2. Bereft of unnecessary details, the short facts necessary for appreciating the case are as follows:Admittedly the marriage between the appellant and respondent was solemnized on 9th March, 1985 according to Hindu rites and customs. According to the appellant-husband, in the honeymoon, night he discovered that the respondent-wife had no vaginal canal and, as such, she was incompetent for cohabitation or begetting child. On his enquiry, it is averred, the respondent-wife told him that such infirmity was inherent. While she was with her parents, she had been treated at t...
Rajashree Samal Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-24-2008
Reported in: 2008(II)OLR976
M.M. Das, J.1. In this application under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ of mandamus directing the opp.parties to admit the petitioner to MDS Course of Oral and Maxillofacial Surgery of Dental Wing of the S.C.B. Medical College, Cuttack for the session 2008-09 after quashing the admission of the opp.party No. 5- Dr. Rashik Bharadwaj, to the said seat.2. In order to appreciate the rival contentions of the parties, it is necessary to refer to the facts in brief, which are as follows:The opp.party No. 3- Convener of MDS Selection Committee issued an advertisement published in the daily Oriya Newspaper, 'The Dharitri', dated 21.5.2008 (Annexure-8) inviting applications for admission to MDS Course of Dental Wing of S.C.B. Medical College, Cuttack for the academic session 2008-09 in the discipline of Pedodotnics & Preventive Dentistry and Oral in Maxilofaclal Surgery. It was mentioned in the said advertisement that the cost of applic...
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