Orissa Court January 2009 Judgments
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Bamakanta Behera @ Sahu and anr. and Sri Sukadev Sahu and anr. Vs. Sta ...
Court: Orissa
Decided on: Jan-12-2009
Reported in: 2009(I)OLR864
B.K. Patel, J.1. Both the revisions are directed against the order dated 09.1.2007 passed in exercise of power under Section 319 of the Cr.P.C. by the learned Additional Sessions Judge (Fast Track Court-II), Bhadrak in S.T. Case No. 22/156 of 2006/2004 arraying the four petitioners as accused persons and summoning them to face trial along with the two accused persons who were facing trial before him for alleged commission of offences under Sections 498A and 304-B read with 34 of the Indian Penal Code (for short the 'I.P.C') as well as Section 4 of the Dowry Prohibition Act (for short the 'D.P. Act'). On the consent and request of the parties the revisions were taken up for disposal at the stage of admission.2. Bhadrak Town P.S. Case No. 34 of 2004, out of which S.T. Case No. 22/156 of 2006/2004 has arisen, was registered for commission of offences under Sections 498A, 307 and 326 read with 34 of the I.P.C. and Section 4 of the D.P. Act on the basis of F.I.R. lodged by the deceased Arat...
Sitanath Nayak and anr. Vs. Cuttack Development Authority and 2 ors.
Court: Orissa
Decided on: Jan-08-2009
Reported in: 107(2009)CLT152
B.S. Chauhan, C.J1. This case has a chequered history as the Petitioners had earlier approached this Court by filing a Writ Petition which was disposed of issuing certain directions. As the said directions were not complied with, the Petitioners filed a contempt petition which was also disposed of and ultimately the Opposite Parties-authorities passed an order which is under challenge in this petition.2. The facts and circumstances giving rise to this case are that certain land was acquired by the Cuttack Development Authority (hereinafter called the 'CDA'), in the year 1984 and 1986. The Petitioners claim that their father had certain land which had also been acquired and possession was taken. The said land vested in the CDA free from all encumbrances. Compensation had been taken by the petitioners' father. Writ Petition, i.e. OJC Nos. 2731 of 1988 filed by Laxman Chandra Das and 29 Ors. v. State of Orissa, was filed before this Court seeking allotment of residential plots at concessi...
Swastik Agency and 2 ors. Vs. State Bank of India, MaIn Branch and 3 o ...
Court: Orissa
Decided on: Jan-08-2009
Reported in: AIR2009Ori147; 107(2009)CLT250; 2009(II)OLR201
B.S. Chauhan, C.J.1. This Writ Petition has been filed for quashing the Judgment and order of the Debts Recovery Tribunal, Cuttack (hereinafter called 'the Tribunal') in O.A. Nos. 29 of 2006 and for quashing of the auction sale by Opposite Party No. 1-Bank in pursuance of publication of notice dated 10.11.2005.FACTUAL MATRIX:2. The facts and circumstances giving rise to this case are that Petitioner No. 1 had availed a cash credit loan to the tune of Rs. 2,00,000 (two lakhs) in the year 1997 from the Opposite Party-Bank to run its business. Petitioners No. 2 and 3 stood as guarantors by securitizirtg their assets pertaining to Sabak Plot No. 2, Sabak Khata No. 94 corresponding to Hal Plot No. 2, Khata Nos. 100 of Mouza, Baramunda.3. Petitioner No. 1 could not repay the loan as per the terms incorporated in the agreement. Therefore, Opposite Party -Bank issued a notice dated 24.5.2004 under Section 13(2) of the Securitisation and Reconstruction .of the Financial Assets and Enforcement o...
Omfed Bazar Sangha and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-08-2009
Reported in: 107(2009)CLT296
ORDERB.S. Chauhan, C.J.1. This Writ Petition has been filed by the Petitioner- a registered association claiming the right of preference for allotment of shop rooms in the new commercial complex on the ground that the members of the said Sangha had earlier been running their trade on the road sides with the knowledge of the Opposite Parties-authorities.2. The facts and circumstances giving rise to this case are that the members of the Petitioner Sangha had been carrying on different business in omfed since very long period and they had been given assurance by letter dated 5.9.1990 (Annex.-1) the Sanghs' members would be considered for preferential allotment of shop rooms in the new commercial complex. The Sangh was asked to submit the list of its members. After completing all the requirements, a list was furnished by the Petitioner and subsequent thereto a meeting was held under the presidentship of Hon'ble Minister of Fisheries and Animal Husbandry and it was decided to provide 50 Nos...
Nurbanu Bibi Vs. the State of Orissa
Court: Orissa
Decided on: Jan-08-2009
Reported in: 2009(I)OLR566
ORDERB.K. Patel, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. Jn this application under Section 439 Cr. P.C. the petitioner has renewed her prayer to be released on bail in Special Case No.46 of 2007 of the Court of learned Special Judge-cum-Sessions Judge, Balasore arising out of Balasore Town P.S. Case No.529(4) of 2007. The petitioner stands charge-sheeted for commission of offence under Section 21 of the N.D.P.S. Act.3. Earlier application for bail preferred by the petitioner In BLAPL No.4017 of 2008 was rejected upon reference to conditions contained under Section 37 of the N.D.P.S. Act. Referring to chemical examination report, it was submitted by the learned Counsel for the petitioner that sample quantity weighing one gram out of the allegedly seized total quantity of 22.060 grams contraband was found to contain Diacetylmorphine i.e. Heroin and the strength of the same was found to be 5.2% only. On the basis of such submission it was argued ...
Steel Authority of India Ltd. Vs. Sri Panchu Behera and 208 ors.
Court: Orissa
Decided on: Jan-07-2009
Reported in: 107(2009)CLT289; (2009)IIILLJ94Ori; 2009(I)OLR832
S.C. Parija, J.1. The management of Steel Authority of India Ltd. has filed this Writ Petition challenging the award dated 24.11.2003 passed by the Industrial Tribunal, Rourkela, in I.D. Case No. 15 of 2002, holding that the services of the workmen are deemed to have been regularized under the Petitioner-management with effect from 30.3.1989, when the contract labour system was abolished by the State Government, without any pecuniary benefits and differential pay and their inter se seniority will be determined from the date of such regularization and the workmen will be entitled to get consequential service benefits for the said period and their retirement benefits will be given accordingly.2. The brief facts of the case are that the Petitioner-management had been engaging contract labour through licensed contractors in some of its process, like Coke Oven Department. Complaining of non-regularisation of contract labourers by the Petitioner-management, Rourkela Shramik Sangha, Opposite ...
Jogeswar Bagh Vs. Registrar (Admn.) Orissa High Court and 3 ors.
Court: Orissa
Decided on: Jan-07-2009
Reported in: (2009)107CALLT332(NULL)
B.S. Chauhan, C.J.1. The instant case reveals a very sorry state of affairs that there remains a complete darkness in the light house itself. The matter relates to an employee working under the District & Sessions Judge Court, Sundargarh, whose services have been terminated without following the procedure known in law for imposing the major punishment, by the District Judge, Sundargarh and against which appeal has also been dismissed by the Appellate Committee consisting of the Hon'ble Judges of this Court.2. The facts and circumstances giving rise to the case are that Petitioner, a Scheduled Caste person, while working as a Process Server, Nizarat, Civil Courts, Rourkela, was attached to the Court of J.M.F.C., Rajgangpur to work as Night-Watchman-cum-Sweeper.He submitted an application for Casual Leave (C.L.) vide application dated 1.5.1993 for five days and sought permission to leave the headquarters for attending the marriage of his sister.The said application was rejected by the au...
Sanjay Gadodia Vs. Union of India (Uoi)
Court: Orissa
Decided on: Jan-07-2009
Reported in: 2009(I)OLR384
ORDERB.K. Patel, J.1. Upon receipt of summon dated 05.11.2008 issued against the Managing Director, M/s. Scan Sponge Iron Limited (Unit-I & Unit-11) CM, Civil Township, Rourkela (for short 'the company') from the office of the Commissioner of Central Excise, Customs and Service Tax, Bhubaneswar-11 under Section 14 of the Central Excise Act, 1944 (for short 'the Act') directing appearance for inquiry in 'a case against M/s. Scan Sponge Iron Limited' under the Act failing which the petitioner will be liable to be punished under the law, the petitioner has filed this application for grant of anticipatory bail under Section 438 of the Criminal Procedure Code (for short 'the Cr. P.C.'). A counter affidavit has been filed on behalf of the Commissioner, Central Excise, Customs & Sales Tax, Bhubaneswar (for short 'the Department').2. It is stated in the application that the company is engaged in manufacture of M.S. Rods. In between 03.11.2008 and 05.11.2008, in the absence of the petitioner, t...
Employees' State Insurance Corporation, Orissa Region Vs. Gujarat Co-o ...
Court: Orissa
Decided on: Jan-06-2009
Reported in: 107(2009)CLT156; (2009)IILLJ652Ori
A.S. Naidu, J.1. As both the appeals involve same facts and points of law, the same were heard together with consent of Learned Counsel for the parties and this common Judgment disposes of both the same.2. These appeals filed under Section 82(2) of the Employees' State Insurance Act, 1948 (here-in-after called 'the Act') assail the order dated 13.12.1996 passed by the Learned District Judge-cum-E.S.I Court, Cuttack in E.S.I Misc. Case Nos. 6/92 and 13/94. The Gujarat Co- operative Milk Marketing Federation Ltd. (here-in-after called 'the Federation') being aggrieved by the contribution demanded by the Employees' State Insurance Corporation, Bhubaneswar (here-in-after called 'the Corporation') had filed the aforesaid two Misc. Cases under Sections 75(1)(g) of the Act in the Court of the Learned District Judge- cum-E.S.I Court, Cuttack.According to the Federation it carried on business in marketing different milk products throughout the country and for the said purpose it has its Sales O...
Sri Gopinath Mahaprabhu Bije Nijagan and ors. Vs. Commissioner, Consol ...
Court: Orissa
Decided on: Jan-06-2009
Reported in: 107(2009)CLT149
A.S. Naidu, J.1. The order passed by the Commissioner, Consolidation, Orissa, Bhubaneswar, in Consolidation Revision Case No. 8/1994 is assailed in all these Writ applications. As the facts and points of law involved in all these Writ applications are same, on the request of Learned Counsel for the parties, the matters were heard together and are disposed of by this common Judgment.2. The lands in dispute situate in village Pranadeipur which being part and parcel of Athagarh Estate and the Raja of Athagarh was the proprietor. The lands stood recorded in the name of Deities Sri Gopinath Mahaprabhu Bije at Pranadeipur and Sri Chandrasekhar Mahaprabhu Bija at Pranadeipur. The status of the land was Gramakantha Paramboke. The present petitioners claim to be the Marfatdars of the Deities which are a public religious endowments. After the village in which the lands situate came under consolidation in pursuance of a Notification issued under the Orissa Consolidation of Holdings and Prevention...
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