Orissa Court August 2008 Judgments
Haramohan Mallik Vs. Dandapani Mudull and Seven ors.
Court: Orissa
Decided on: Aug-29-2008
Reported in: 2008(II)OLR618
ORDERPradip Mohanty, J.1. Heard learned Counsel for the parties this criminal revision is directed against the order dated 20.03.2008 passed by the learned S.D.J.M., Nayagarh in I.C.C. No. 115 of 2000 rejecting an application filed by the complainant-petitioner under Section 257 Cr.P.C. for withdrawal of the complaint.2. Mishra, learned Counsel for the petitioner submits that since the dispute between the parties has been sorted out, the complainant/petitioner does not want to prosecute the case and he wants to withdraw the complaint. He accordingly filed a petition under Section 257 Cr.P.C, but the learned Magistrate by the impugned order rejected that petition on the ground that the offence under Section 3(1)(x)(xi) of the S.C. & S.T. (P.A.) Act of which cognizance has been taken is exclusively triable by the Court of sessions and Section 257 Cr.P.C. which comes under Chapter-XX of the Cr.P.C. deals with trial of summons cases and is not applicable to the present cases. It is submitt...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Somanath Mishra
Court: Orissa
Decided on: Aug-29-2008
Reported in: 2008(II)OLR866
Indrajit Mahanty, J.1. In this writ application, the East Coast Railway has sought to challenge the order dated 26.6.2007 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 167 of 2006 by which the Tribunal has been pleased to quash the order dated 20.01.2006 rejecting the representation of the Opp.party seeking promotion and consequently, directing the petitioners to take viva voce test of the Opp.party for the purpose of considering his promotion.2. From the pleadings in the present writ application it appears that the Opp.party - Somanath Mishra had been found suitable in the open competitive examination conducted by the petitioner and was empanelled by the Railway Recruitment Board (RRB) vide its Notification published on 7.12.1990. After the aforesaid empanelment, on medical examination, the Opp.party was declared unfit for the above post, but was declared medically fit for C-l category for which he was provided with an alternative appointment as 'Se...
Tag this Judgment!Dillip Kumar Sahoo Vs. Suresh Sanu
Court: Orissa
Decided on: Aug-29-2008
Reported in: 108(2009)CLT892
Sanju Panda, J.1. In this writ application challenge has been made to the Order Dated 30.4.2009 passed by the Learned District Judge, Keonjhar in Election Petition No. 2 of 2008 declaring the Election of the Petitioner as Councilor of Ward No. 15 of Anandapur Municipality invalid.2. The facts as narrated in the application are as follows:In the Election held in September, 2008, the Petitioner has been elected from Ward No. 15 of Ananadpur Municipality securing the highest number of votes, i.e., 457, whereas the Opposite Party secured 387 votes. Challenging the said Election, the Opposite Party filed an application under Sections 18 & 33 of the Orisa Municipal Act, 1950 with a prayer to declare that the Petitioner was disqualified as a Councilor as he had not disclosed about the facts of G.R. Case Nos. 218 of 2000 & 95 of 2001 provided under Section 16(1)(xii) of the Orissa Municipal Act.3. The Petitioner appeared in the said case & filed his showcause stating therein that he had disclo...
Tag this Judgment!Smt. Sudha Das and ors. Vs. Collector and ors.
Court: Orissa
Decided on: Aug-29-2008
Reported in: 2009(1)OLR44
Indrajit Mahanty, J.1. The petitioner-Smt. Sudha Das, wife of Lata Kishore Chandra Das has filed this writ application on behalf of her minor children, namely, Mamata Das and Rooja Das, aged about 17 years and 10 years respectively.2. The petitioner had approached the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 1494 (C) of 2007 on behalf of her minor children praying for grant of pensionary benefits and Other statutory dues after the death of her husband who was working as a process Server (Class-IV employee) under opposite parties 1 and 2. The Tribunal disposed the aforesaid O.A. in the following directions:We are not here to decide the status of a kept wife in so far as the payment of retiral dues of gratuity of a deceased Government servant is concerned. It is for the appropriate authority to take a decision in the matter. Therefore, a copy of the paper book be sent to Respondent-1 to take appropriate decision in the matter. He is at liberty to consult the pen...
Tag this Judgment!D.M. Oriental Insurance Co. Ltd. Vs. Smt. Geeta Pareek and ors.
Court: Orissa
Decided on: Aug-29-2008
Reported in: 2009(II)OLR26
ORDERN. Prusty, J.1. As it appears certified copy of the impugned order not been filed along with the memorandum of appeal time of its presentation. Only a free copy of the award, was supplied to the parties for information and necessary action vide Memo No. 3044 dated 10.12.2007, has been filed along with the memorandum of appeal.2. Free copy of the award is supplied to the parties within fifteen days from the date of award as provided under Section 168 (2) of the Motor Vehicles Act (hereinafter referred to as 'the Act' for the purpose of information/payment of the amount awarded within a period of thirty days of the date of award, as directed by the Tribunal, as per Section 168 (3) of the Act. A joint reading of both the provisions i.e. Sections 168 (2) and 168 (3) of the Act clearly indicates that the copy of the award is supplied to the parties for the purpose of information and compliance as stated above, but not for the purpose of using the same in filing the appeal challenging t...
Tag this Judgment!Shailendra Nath Mahanta and ors. Vs. Orissa Administrative Tribunal an ...
Court: Orissa
Decided on: Aug-28-2008
Reported in: 2008(II)OLR849
B.K. Patel, JJ.1. The legality of common order dated 09.01.1998 passed by the Orissa Administrative Tribunal (in short 'Tribunal') in O.A. Nos. 2038 (C) of 1994 and 2499 (C) of 1997 filed under Section 9 of the Administrative Tribunal Act, 1985 is assailed in this writ petition. Opposite Party Nos. 2 to 5 were the State Respondents before the Tribunal. Writ petitioners were respondent Nos. 5 to 11, O.P. No. 6 was respondent No. 4 and O.P. No. 7 to 10 were applicant Nos. 1 to 4 in O.A. No. 2038 of 1994. O.P. No. 11 was the applicant in O.A. 2499 (C) of 1997.2. Specific prayers made in the writ petition are:(a) a writ of certiorari be issued to the Opposite parties (especially to the Opp.party No. 1) quashing the common order/ judgment dated 09.01.1998 of the Orissa Administrative Tribunal rendered in O.A. No. 2038 (C) of 1994 and O.A. No. 2499 (C) of 1997 (so far it declares the Executive Instructions under Annexure-1 Series dated 03.04.1991, 13.08.1993, 04.09.1993, 27.12.1993 and 11.02...
Tag this Judgment!Braja Sundar Pattnaik Vs. Presiding Officer, Labour Court and anr.
Court: Orissa
Decided on: Aug-28-2008
Reported in: 106(2008)CLT716
B.S. Chauhan, C.J.1. This appeal has been filed challenging the Judgment and order of the Learned Single Judge dated 21.4.2004 confirming the award of the Labour Court dated 11.1.1994.2. The facts and circumstances giving rise to this appeal are that the Appellant had been appointed as a Junior Store Assistant and he claimed the scale of pay at par with the post of Junior Accounts Assistant. The Appropriate Government made a reference under Section 10 read with Section 12 of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') as to whether the Appellant was entitled to the pay scale of Junior Accounts Assistant, i.e., the scale of pay of Rs. 715-1135/- per month.3. The parties contested the case and after considering the materials on record, the Labour Court came to the conclusion that there was a recommendation of the scale of pay vide letter dated 14.10.1988 of the Government of India, Ministry of Industry, Department of Chemicals and Fertilisers, in respect of c...
Tag this Judgment!Sarita Dash Vs. National Co-operative Union of India and ors.
Court: Orissa
Decided on: Aug-28-2008
Reported in: 106(2008)CLT736
B.P. Das, J.1. The Petitioner, who was working as Typist-cum-Clerk, NCUI Cooperative Education Field Project, Cuttack, has filed this Writ Petition challenging the Order Dated 14.3.2008 passed by the Chief Executive of National Co-operative Union of India, O.P.1, deciding not to extend her contractual period which was expired on 31.3.2008 (Annexure-15).2. The brief facts leading to this Writ Petition are that the Petitioner was engaged as Typist-cum-Clerk purely on contractual basis on a consolidated salary of Rs. 4330/- per month for a period of one year with certain terms and conditions and one of such conditions is that her services can be terminated without any prior notice within the period of one year, vide the Office Memorandum dated 4.8.2000 (Annexure-1). The period of service of the Petitioner was extended from time to time. In terms of the Order Dated 4.9.2003, she was sanctioned the pay scale of Rs. 3050-75-3950-80-4590/- with effect from 1.9.2003 and she was allowed to draw...
Tag this Judgment!Duryodhan Rana (Dead) and After Him His Lrs., Smt. Nrupa Rana and ors. ...
Court: Orissa
Decided on: Aug-28-2008
Reported in: 2008(II)OLR961
Sanju Panda, J.1. Since common questions involved in all these writ petitions, they were heard together and are being disposed of by this common order.For convenience facts of one case is taken up.Challenge has been made in this writ petition to the order dated 14th December, 2000 passed by the Collector, Bolangir in OLR Revision Nos. 12 & 13 of 2000 rejecting the revisions filed by the petitioner.The facts of the case are as follows:Opposite party No. 1 who is the wife of one Pujhari Mahura filed OLR Case Nos. 8/57, 8/A-39 and 8/59 of 1981 and those cases were dropped by the then Revenue Officer, Titilagarh by order dated 26.4.1982. While the matter stood thus, the present opposite party No. 1 again filed OLR Revenue Case Nos. 8/23, 8/24, 8/25 and 8/26 of 1990. In the said proceedings, petitioner appeared and filed his show cause stating therein that the said proceedings were res judicata as earlier the husband of the present opposite party No. filed similar OLR Cases which were dropp...
Tag this Judgment!Sri Raj Kishore Dash Vs. Sri Ramaniranjan Das
Court: Orissa
Decided on: Aug-28-2008
Reported in: 106(2008)CLT721
B.S. Chauhan, C.J.1. This writ appeal has been filed against the Judgment and order of the Learned Single Judge dated 24.07.2008 passed in W.P. (C) No. 8905 of 2008, by which the Order Dated 23.5.2008 passed by the Election Tribunal rejecting the application of the present Respondent to send the notice allegedly bearing his signature for comparison with his admitted signature received by him from the Registrar, Co-operative Societies for opinion of the handwriting expert in connection with an election dispute of Bhagabanpur Gram Panchayat under Dhamnagar Block in the district of Bhadrak was reversed.2. Learned Counsel for the Appellant has submitted that in view of the provisions of Section 73 of the Evidence Act, 1872 (hereinafter called 'the Act') the Court is the best expert and there is no occasion for the Trial Court to make any reference for expert opinion under Section 45 of the Act and therefore the Judgment and order of the Learned Single Judge is liable to be set aside and th...
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