Orissa Court September 2008 Judgments
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Rabindranath Panda Vs. Secretary, Board of Secondary Education
Court: Orissa
Decided on: Sep-09-2008
Reported in: 106(2008)CLT863; 2008(II)OLR702
ORDERM.M. Das, J.1. Heard Mr. Prusty, learned Counsel for the petitioner and Mr. Mohapatra learned Counsel appearing for the Board of Secondary Education, Orissa, Cuttack.2. The petitioner appeared in the Annual H.S.C. Examination, 2008 and was declared successful and placed in the first division. The mark sheet, which has been granted to the petitioner, is annexed as Annexure-1 to the writ petition. Since the petitioner expected more marks in the subjects of English (SLE), Mathematics (CMT) and Social Science (SSC), he made an application for rechecking of the marks of the aforesaid papers. As no intimation was received by him with regard to the result of the application for rechecking, the petitioner has approached this Court in the present writ petition for appropriate remedy.This Court while issuing notice directed the opp. party No. 1 to produce the answer scripts of the petitioner in the aforementioned three subjects.3. Mr. Mohapatra, learned Counsel appearing for the Board of Se...
Rout Crusher, Represented Through Its Proprietor Sri Niranjan Rout Vs. ...
Court: Orissa
Decided on: Sep-06-2008
Reported in: 2008(II)OLR777
B.P. Das, J. (Chairman)1. This appeal under Section 31 of the Air (Prevention of Pollution) Act, 1981 (in short 'the Air Act') is directed against the order dated 8.2.2007 passed by the Regional Officer of the State Pollution Control Board, Cuttack, vide Annexure-9, refusing consent to establish the appellant stone crusher unit, i.e., M/s. Rout Crusher at Nuagaon under Baranga P.S. in Cuttack district, in purported exercise of the power under Section 21 of the Air Act with a direction not to take up any construction/operation activity. The impugned order has been passed on the ground that the proposed stone crushing unit does not meet the sitting criteria specified in Order dated 13.5.1998 issued by the Govt. of Orissa in the Forest & Environment Department since the campus of the Central Industrial Security Force having barracks and staff quarters is located within 1.0 K.M. to the south of the proposed site of the stone crushing unit.2. Heard Shri P.K. Nanda, learned Counsel for the a...
Colonel Narendra Kumar Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Sep-05-2008
Reported in: 2008(II)OLR773
B.P. Das, J.1. The case of the petitioner is that he is a Commissioned Officer in the Indian Army holding the rank of Colonel and now posted at Cuttack to work as Director, Recruiting in the Army Recruitment Office, Cuttack. He is aggrieved by the rejection of his representation and statutory complaints and the subjective endorsements made by the then Higher Technical Officer (HTO). Major General S.K. Dahiya in the petitioner's Confidential Report (C.R.) for the period from 14.2.2003 to 31.8.2003 and also the subjective endorsements entered in his C.R. by the said HTO, who has entered the same despite having had no interaction with the petitioner. The petitioner is also aggrieved by the action of the O.Ps. in refusing to entertain his representations made for debarring the endorsements made by the said HTO in his C.R. and in not sending the statutory complaints by him to the Central Government for redressal. According to the petitioner, he has a brilliant service career since the date ...
Orissa State Cashew Development Corporation Ltd. Vs. Presiding Officer ...
Court: Orissa
Decided on: Sep-05-2008
Reported in: 107(2009)CLT142; (2009)IILLJ356Ori; 2008(II)OLR939
S.C. Parija, J.1. This writ application has been filed by the management challenging the order dated 12.8.1997 passed by the Presiding Officer, Labour Court, Bhubaneswar in I.D. Misc. Case No. 77 of 1993, filed under Section 33-C(2) of the Industrial Disputes Act (for short the 'I.D. Act') by the workman, opposite party No. 2, in allowing the said misc. case and directing the petitioner-management to pay an amount of Rs. 25,035.51 towards the dues of the workman concerning break days and weekly off days.The main contention of Sri B.M. Patnaik, learned Senior Counsel for the petitioner is that since the entitlement of the workman, opposite party No. 2 is a disputed one and the petitioner-management having disputed before the Labour Court regarding the entitlement and claim of the workman, the Labour Court had no jurisdiction to adjudicate the claim of the workman in an application under Section 33-C(2) of the I.D. Act and therefore the impugned order of the Labour Court is not sustainab...
Muralidhar Nayak and ors. Vs. Dinabandhu Samantaray and anr.
Court: Orissa
Decided on: Sep-02-2008
Reported in: 2009CriLJ496
ORDERB.K. Patel, J.1. Criminal Appeal No. 11 of 1993 preferred against the judgment and order dated 17-5-1993 passed by the learned J.M.F.C. Kendrapara in I.C.C. Case No. 223/1990/Trial No. 148/1992 convicting the petitioners for commission of offences under Sections 379/34 of the Indian Penal Code (in short, the 'IPC') but releasing them under Section 3 of the Probation of Offenders Act having been dismissed, the petitioners accused persons have preferred this revision ICC Case No. 223 of 1990 was filed by the respondent 1-complainant.2. The alleged occurrence took place on 23-8-1990. Allegation in the case relates cutting and removal paddy from the case land comprising of two plots in respect of which Ext. 1, registered sale deed dated 19-7-1931 had been executed by accused Muralidhar's father late Telei Nayak in favour of complainant's father's elder brother Baikunthanath Choudhury. Complainant's case is that after purchase of the case land, there was a partition between Baikunthana...
National Insurance Co. Ltd. Vs. Smt. Kuni Panigrahi and anr.
Court: Orissa
Decided on: Sep-02-2008
Reported in: [2008(119)FLR953]
B.S. Chauhan, C.J.1. This appeal has been filed by the appellant against the judgment and order dated 15.3.2001 as well as 19.10.2001 passed by the learned Single Judge to the limited extent that the issue of imposition of penalty under the provisions of Workmen's Compensation Act, 1923 (hereinafter called 'the Act') has not been dealt with. So far as the otherwise are concerned, Mr. N.K. Mishra, learned Senior Counsel for the appellants no grievance.2. The facts and circumstances giving rise to the case are that a claim petition was filed by the respondents before the Commissioner under the Act contending that one Rajkishore Panigrahi, the driver of the bus bearing Registration No. OSG 6677 met an accident during the course of his employment and received serious injuries as a result of which he died in the hospital on 7.4.1993. The Commissioner made an award vide order dated 25.4.1995 granting compensation to the tune of Rs. 73,668/- against the appellant with the following direction:...
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