Orissa Court August 2008 Judgments
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B. Engineers and Builders Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-05-2008
Reported in: 2008(II)OLR798
B.P. Das, J.1. The petitioner, M/s. B. Engineers & Builders Ltd., which is a company within the meaning of the Companies Act, 1956, has filed this writ petition with a prayer to direct the O.Ps. to reimburse Orissa Sales Tax levied on works contract, which has been paid by the petitioner as assessed by the assessing authority for the assessment years, 1998-1999, 1999-2000 and 2000-2001 and to quash the letter dated 2.7.2004 issued by O.P. 17, Executive Engineer, Rengali Right Canal Division No. II, Dhenkanal, rejecting the claim of the petitioner for reimbursement (Annexure-7). The petitioner has further prayed to quash the circulars dated 7.11.2001 and dated 19.6.2002 issued by the Financial Adviser-cum-Additional Secretary to Government, Department of Water Resources (Annexures-1 & 3).2. Bereft of unnecessary details, the facts leading to this writ petition are as follows:The State Government brought an amendment to the Orissa Sales Tax Act, 1947 (the Act) by Orissa Sales Tax (Amendm...
Kasinath Panda, After Him Vs. Silla Satyabadi Patra, After Him
Court: Orissa
Decided on: Aug-05-2008
Reported in: 106(2008)CLT663
A.S. Naidu, J.1. The original Appellant Kasinath Panda was the Defendant in Original Suit No. 127 of 1981-1 of the Court of the then Munsif, Bhubaneswar. He having expired during pendency of the present litigation, his L.Rs have been substituted in his place as the Appellants. Similarly, the original Plaintiff in the said suit, namely, Silla Satyabadi Patra having expired, his L.Rs have been substituted in his place who are the present Respondents.2. The aforesaid Original Suit was filed by Silla Satyabadi Patra, the predecessor of the present Respondents, with a prayer for declaration that all right, title and interest of the Defendant who were Kasinath Panda (deceased Defendant No. 1) and his family members (Defendaints 2 to 5) in respect of the suit property had extinguished in his (Plaintiff) favour as also for eviction of the Defendants from the said property.3. It was averred by the Plaintiff that the suit property consists of an area measuring 100' x 32' appertaining to SCR Plot...
State of Orissa and anr. Vs. Krushna Chandra Dash
Court: Orissa
Decided on: Aug-05-2008
Reported in: 106(2008)CLT661
Indrajit Mahanty, J.1. The Petitioners (State of Orissa and another) have sought to challenge the validity of the Order Dated 9.12.2004 passed by the State Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 2108 (C) of 1993 by which the Tribunal has pleased to quash an order of punishment imposed on Opposite Party herein in a Departmental Proceeding initiated against him.2. Mr. Swain, Learned Addl. Govt. Advocate on behalf of the State contended that the Tribunal has failed to take into consideration the entire report of the Enquiry Officer as well as that of the Disciplinary Authority and merely acted upon an observation in the Enquiry Officer's report for the purpose of allowing the Original Application and quashing the order levying punishment on the Opposite Party. He further submitted that the Opposite Party had filed an appeal against the order imposing punishment on him and the Appellate authority considering the submissions of the delinquent, had reduced the amount of ...
Narendra Kumar Mishra Vs. Smt. Binapani Sarangi
Court: Orissa
Decided on: Aug-05-2008
Reported in: 2008(II)OLR857
L. Mohapatra, J.1. This appeal is directed against the judgment and order dated 22.1.2004 passed by the learned Judge, Family Court, Cuttack, in Civil Proceeding No. 358 of 1995 dismissing the said petition.2. The appellant had filed an application under Section 13 of the Hindu Marriage Act, 1955 against the respondent seeking dissolution of marriage.3. The case of the appellant before the learned-Judge, Family Court, Cuttack is that the respondent has come from a poor family and was brought up and educated by the elder brother of the appellant and after completion of her studies, she was appointed as an Asst. Teacher in Ranigola M.E. School. The appellant was also working as a teacher at the relevant time. As per the proposal given by the elder brother of the appellant, the marriage of the appellant was solemnized with the respondent in the year 1971 according to Hindu rites and customs. Four daughters and one son (mentally retarded) were born to them in between 1971 to 1985. It is al...
Bidulata Maharana Vs. Bank of India and Two ors.
Court: Orissa
Decided on: Aug-05-2008
Reported in: AIR2009Ori108; 106(2008)CLT814
B.S. Chauhan, C.J.1. This Writ Petition has been filed for quashing the show cause notice under Section 13(2) of the Securitization and Reconstruction of financial Assets & Enforcement of Security Interest Act, 2002 (in short, the 'Securitization Act') and other consequential reliefs. However, record of the case reveals that in respect of same subject matter the present Petitioner has filed a suit being C.S. No. 179 of 2008 (Bidulata Maharana v. Bank of India) in the Court of Civil Judge (Junior Division), Bhubaneswar. The said suit is still pending. An application for interim relief, i.e. LA. No. 247 of 2008 has also been filed which is still pending consideration before the said Court. In case the said suit is decreed, Petitioner would get the reliefs claimed therein. Therefore, question does not arise as to whether at such stage particularly when the suit is pending, this Court should entertain the Writ Petition.2. In K.R. Rashid & Sons v. Income- tax Investigation Commission and Or...
Poonam Mehta Alias Poonam Prasad Vs. Naresh Prasad
Court: Orissa
Decided on: Aug-05-2008
Reported in: 2008(II)OLR985
A.S. Naidu, J.1. The judgment dated 19th April, 2004 passed by the Judge, Family Court, Rourkela in Civil Proceeding No. 155 of 2001 dissolving the marriage solemnized between the parties by a decree of divorce is assailed by the appellant-wife.2. The parties got married at Dhanbad according to Hindu rites and customs. The marriage was consummated at Rajgangpur in the district of Sundargarh. A proceeding was initiated by the husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act read with Section 7 of the Family Courts Act with a prayer for dissolution of the marriage by a decree of divorce on the ground of cruelty and desertion by the wife. According to him, after fifteen days of the marriage the wife expressed her reluctance to stay with the family of the husband and insisted on him to send her back to her parent's house. Consequently he sent her with her father to Dhanbad. Five days after her departure, he went to his place of posting at Bhutan. In June, 1993 for availin...
Nikunja Kishore Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-05-2008
Reported in: [2008(119)FLR255]
Indrajit Mahanty, J.1. The petitioner Nikunja Kishore Das, son of Niranjan Das has filed this writ application seeking a direction to the Opposite Parties 1 to 4 to issue ah order of appointment to the petitioner against a Trained Graduate Post with retrospective effect or in alternative to direct the said Opposite Parties to pay Trained Graduate scale of pay to the petitioner and to quash Annexures-2 and 3 to the writ application.2. Shri Niranjan Das, the father of the petitioner was serving as a Sub-Inspector of Schools, Alanda Circle and had been declared permanently and completely incapacitated for further Government Service by the Chief District Medical Officer, Cuttack with effect from 11.5.1993. Accordingly, the petitioner's father was relieved from Government Service with effect from 11.5.1993 vide the letter dated 1.6.1993 under Aimexure-1. The petitioner, legal heir of Niranjan Das had made an application for appointment as a Trained Graduate Teacher under, the Rehabilitation...
Sushant Kumar Mishra Vs. Smt. Subhransubala Mishra
Court: Orissa
Decided on: Aug-05-2008
Reported in: AIR2009Ori88
L. Mohapatra, J.1. The aforesaid two appeals are directed against a common judgment and order of the learned Judge, Family Court, Cuttack in Civil Proceeding in No. 315 of 2002 and Criminal Proceeding No. 213 of 2004 disposed of in a common judgment dated 24-2-2006.2. The appellant in MATA No. 6 of 2006 is the husband (Susanta) and the appellant in MATA No. 30 of 2006 is the wife (Subhrasubala). The husband had filed Civil Proceeding No. 315 of 2002 for dissolution of marriage and other reliefs whereas the wife had filed Criminal Proceeding No. 213 of 2004 claiming maintenance for herself and for her minor daughter. The learned Judge, Family Court in the impugned judgment passed a decree for dissolution of marriage subject to payment of Rs. 1,50,000/-to the wife towards maintenance of the minor daughter as well as permanent alimony. Challenging the decree of dissolution of marriage, the wife has filed MATA No. 6 of 2006 and the husband has filed MATA No. 30 of 2006 challenging the gran...
Junior Engineer (Electrical) and ors. Vs. Balukishore Barik and ors.
Court: Orissa
Decided on: Aug-05-2008
Reported in: [2008(119)FLR755]
S.C. Parija, J.1. This is an appeal filed by the principal employer under Section 30 of the Workmen's Compensation Act, 1923, (for short W.C. Act) challenging the judgment/award dated 29.6.2005, passed by the Commissioner for Workmen's Compensation, Cuttack, in W.C. Case No. 501-D of 2000, awarding an amount of Rs. 4,50,000/- as compensation together with interest @ 10% per annum to be deposited within 30 days, failing which he appellants will be liable for penalty @ 50% of the awarded amount appellants willThe two questions which falls for consideration in this appeal are:(a) Whether the law as it stood on the date of the accident would be applicable for the purpose the computation of the compensation amount under the W.C. Act or the subsequent amended law, as it existed on the date of adjudication of the claim by the Commissioner?(b) Whether the principal employer is liable to pay interest on in, compensation amount awarded and if so, whether the compensation on amount falls due on t...
Union of India (Uoi) and ors. Vs. Radhashyam Sahoo and anr.
Court: Orissa
Decided on: Aug-05-2008
Reported in: [2008(119)FLR177]
Indrajit Mahanty, J.1. The Union of India in this writ application has sought to challenge the order and judgment dated 12.11.1999 passed in O.A. No. 1 of 1999 by the Central Administrative Tribunal, Cuttack Bench, Cuttack, whereby, the Tribunal directed quashing the review of selection and appointment of Opp. Party No. 1, as well as, quashing the notice to show cause impugned thereto and directed that if in the meanwhile, the services of the applicant have been terminated, then he shall be re-instated forthwith with all back wages.2. Mr. Mishra, Learned Asstt. Solicitor General, on behalf of the Union of India, contended that since the process of selection of Opp. Party No. 1 as EDDA-cum-EDMC of Kanikapara Branch Post Office, in Mangalpur Sub-Post, Office was reviewed and it was found that other candidates who had secured more marks in their matriculation examination had been rejected on the ground of not having provided residential certificates and character certificates. Mr. Mishra,...
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