Orissa Court October 2009 Judgments
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Pramod Kumar Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-15-2009
Reported in: 2009(II)OLR783
ORDERR.N. Biswal, J.1. Even though the case was listed to-date for admission, on the consent and request of learned Counsel for both sides, the matter was taken up for final disposal and the following order is passed.2. Heard learned Counsel for the petitioner and learned Addl. Government Advocate.3. The petitioner was functioning as a composite P.D.S. dealer since 1975. The monthly quota of the petitioner was 16.25 quintals of schematic rice, 5.42 quintals of wheat, 1.16 quintals of sugar and 580 litres of kerosene. The petitioner carries on his business at Tulasipur under Tulasipur Grama Panchayat of Banki-Dompara Block his licence was renewed from time to time, the last renewal was being valid upto 30.9.2009. He deposited the requisite renewal fees of P.D.S. licence for the year, 2009-10. As per the notification under Annexure-3, Government was pleased to renew the licence of the retailers, under P.D.S. Control Order up to 31.12.2009, but the licence of the petitioner was not renewe...
Upendra Jena Vs. Regional Director, Esi Corporation and anr.
Court: Orissa
Decided on: Oct-15-2009
Reported in: 108(2009)CLT873
B.N. Mahapatra, J.1. This appeal has been filed under Section 82 of the Employees' State Insurance Act,1948 (hereinafter referred to as the 'E.S.I. Act') challenging the legality of the Order Dated 4.5.1996 passed by the District Judge-cum-Emptoyees Insurance Court, Cuttack (hereinafter referred to as the 'E.I. Court') in E.S.I. Misc. Case No. 2 of 1994.2. The case of the Appellant in a nutshell is that the Appellant was working under the Orissa Textile Mills, Limited, Choudwar, & was insured under the E.S.I. Act having Insurance No. 42946. On 08.04.1983 while the Appellant was in his duty in the factory, he mat with an accident & sustained injuries on his left side nose & eye. The accident took place due to hit of a shattle while he was working inside the Mill. Due to such accident, the Appellant felt pain on his nose & eye & get admitted in the ESI Hospital, Choudwar on the very day Thereafter, he was referred to the SCB Medical College & Hospital, Cuttack, After the external injurie...
National Insurance Company Ltd. Vs. Krishna Mitra and anr.
Court: Orissa
Decided on: Oct-15-2009
Reported in: 108(2009)CLT868
B.N. Mahapatra, J.1. Though this matter was listed for admission, on being mentioned, it was taken up for final disposal with the consent of both the sides.This is an appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short 'the Act') filed by the Insurance Company, challenging the award dated 24.05.2004 passed by the 2nd Motor Accident Claims Tribunal, Cuttack (for short 'the Tribunal'), in Misc. Case No. 1187 of 1997.2. The facts as stated by the claimant before the Learned Tribunal were that on 10.10.1997 in between 5.00 P.M. & 6.00 P.M. in front of Cuttack Diesel near O.M.P. Square, Cuttack, while the claimant-Respondent was going on a scooter bearing Registration No. OAU 5657 with her husband & niece as pillion riders from Raghunathpur towards Cuttack, the offending Truck bearing Registration No. ORU 2712 being driven in rash & negligent manner came from the back side & dashed against the scooter. As a result of such accident, the claimant Respondent sustained injuri...
Shri Chakraram Samal and anr. Vs. Radhamani Palaka and ors.
Court: Orissa
Decided on: Oct-15-2009
Reported in: 2010(I)OLR338
M.M. Das, J.1. The appellants as plaintiffs filed T.S. No. 32 of 2002 before the Civil Judge (Senior Division), Rayagada, inter alia, praying for a declaration that the plaintiffs are entitled under the will to receive the service benefits of late Raghunath Samal, i.e. C.P.F. accumulations, gratuity and other benefits payable by the F.C.I, and the Life Insurance Corporation. The suit has been decreed in part by the learned trial court ordering that the plaintiff-appellants are entitled to the properties bequeathed under the will dated 11.6.2001, Ext. 2, except the testator's insurance claim to which the Defendant No. 2-Smt. Sasirekha Samal is entitled as nominee. This appeal has been preferred against the part of the suit claimed, which has been dismissed.2. The respondent No. 2-defendant No. 2 is stated to be dead by the learned Counsel for the appellants and her name has been deleted from the cause title page of the appeal memo pursuant to the order dated 25.2.2009. A cross appeal wa...
Geetanjali Cement Products Vs. Sales Tax Officer
Court: Orissa
Decided on: Oct-15-2009
Reported in: 109(2010)CLT208
B.P. Das, J.1. The Petitioner has filed this Writ Petition challenging the order of assessment dated 5.1.2007 passed by the O.P. Sales Tax Officer, Rourkela II Circle, under Section 12(4) of the Orissa Sales Tax Act, 1947 for the period 2003-2004 (Annexure-1) on the ground that the same having been passed beyond the period of limitation is illegal & not sustainable in the eye of law & therefore, liable to be quashed.2. As it appears, the Petitioner is a partnership firm carrying on the business of manufacturing & production of RCC Hume Pipes in its factory located at Kalunga, Rourkela. In response to the notice issued under Section 12(4) of the OST Act for the year 2003-04, the Petitioner produced the books of accounts maintained by it in course of business as well as the declaration forms but the Sales Tax Officer passed the order of assessment making addition to the Gross Taxable Turnover (GTO) & Taxable Turnover (TTO) returned on account of transportation charges & further addition ...
Khetramohan Panda and ors. Vs. State of Orissa
Court: Orissa
Decided on: Oct-15-2009
Reported in: 2010CriLJ498
B.P. Ray, J.1. Challenge here in this appeal is to the judgment of conviction and sentence passed in S. T. Case No. 31 of 1995/ 176 of 1994 in the file of learned Assistant Sessions Judge-cum-Addl. Civil Judge (S.D.), Balasore. Learned Assistant Sessions Judge in the impugned judgment and sentence passed, held the appellants guilty of the charge Under Sections 498-A/304/B. IPC both read with Section 34, IPC and sentenced each of them to undergo R. I. for 10 years and R. I. for 3 years and to pay a fine of Rs. 5000/- each and in default to undergo for six months, respectively on the aforesaid counts. Learned Asst. Sessions Judge has further ordered that the substantive sentences would run concurrently.2. The prosecution case against the appellants is that one Manorama Panda, who happens to be the sister of the informant Pitambar Panda (P.W.1) was given in marriage to Sitikantha Panda in June 1991. At the time of marriage, the appellants made a demand of Rs. 10,000/- in cash and gold orn...
Samar Kumar SwaIn Vs. Shri Subodha Kumar Nayak
Court: Orissa
Decided on: Oct-14-2009
Reported in: 2010(I)OLR93
Pradip Mohanty, J.1. This revision is directed against the judgment dated 24.11.2000 passed by the learned Addl. Sessions Judge, Kendrapara in Criminal Appeal No. 46 of 1995, confirming the judgment of conviction and order of sentence passed by the J.M.F.C, Kendrapara in 2(c) C.C. Case No. 15 of 1991/Trial Case No. 264 of 1995.2. The case of the prosecution is that the accused-petitioner was the proprietor of M/s. Sarala Pharmaceuticals, a retail medicine store, situated at Marsaghai. On 15.02.1991 at 1.00 P.M. the complainant-Drug Inspector along with Assistant Controller of Drugs, Bhubaneswar inspected the firm of the accused-petitioner. He found that the drug licence of the said firm was valid up to 31.12.1989 and not renewed thereafter, The registered pharmacist, who was managing the firm, had resigned on 03.09.1988 and thereafter the accused-petitioner had not appointed any other pharmacist. He also noticed that the accused-petitioner was not maintaining the registers meant for re...
Dolagobinda Sahoo Vs. Purusottam Kandoi and ors.
Court: Orissa
Decided on: Oct-14-2009
Reported in: 109(2010)CLT179
Sanju Panda, J.1. In this Writ Petition, challenge has been made to the Order Dated 15.8.2008 passed by the Learned Ad hoc Addl. District, F.T.C. No-II, Cuttack in FAO No. 137 of 2007 setting aside the order of status quo passed by the Learned Civil Judge (Senior Division), 1st Court, Cuttack on- 5.9.2007 under Order 39 Rules 1 & 2 of the Civil Procedure Code (in short, 'the Code') in I.A. No. 240 of 2007 arising out of C.S. No. 366 of 2005.2. The facts of the case, as narrated in the application, are as follows:The Petitioner as Plaintiff instituted C.S. No. 366 of 2005 for declaration that the Defendants have not derived any right, title & interest over the suit schedule property by virtue of the alleged sale deed dated 11.3.1983 & for permanent injunction against the Defendants restraining them from interfering with his peaceful possession over the suit land. It was pleaded by the Plaintiff that he is the exclusive owner in possession of the suit schedule property which was allotted...
Cuttack Development Authority Represented Through Its Vice-chairman Vs ...
Court: Orissa
Decided on: Oct-12-2009
Reported in: 109(2010)CLT266
M.M. Das, J. 1. The Petitioner has filed the present writ application challenging jurisdiction of the Regional Provident Fund Commissioner in issuing notice as at Annexure-3 dated 3.9.1996 under Section 7 -A of the Employees Provident Fund & Misc. Provisions Act, 1952 (hereinafter referred to as 'the Act, 1952) on the ground that the provisions of the said Act, 1952 do not apply to the Petitioner. The Petitioner is the Cuttack Development Authority (in short 'C.D.A.'), which is a statutory body, constituted under the Orissa Development Authorities Act, 1982 (hereinafter referred to as 'C.D.A. Act'. The Petitioner (C.D.A.) is the successor of Greater Cuttack Improvement Trust, which was constituted under the provisions of Orissa Town Planning Improvement Trust Act, 1956 (hereinafter referred to as 'O.T.P.I.T. Act'). It is the case of the Petitioner that in consonance with Section 83 of the C.D.A. Act, a resolution was passed by the C.D.A. resolving that the employees working under the C...
Gouranga Charan Poi Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Oct-09-2009
Reported in: 109(2010)CLT80
B.N. Mahapatra, J.1. Challenging the legality & propriety of the Order Dated 7.4.1998 (Annexure-9) passed by the Learned Central Administrative Tribunal (hereinafter referred to as the 'Tribunal'), Cuttack Bench, Cuttack, in O.A. No. 127 of 1992, refusing to quash the Orders Dated 23.10.1989 & 28.02.1991 under Annexures-7 & 8 respectively, the Petitioner has filed this Writ Petition with a prayer to quash Annexures-7, 8 & 9 & for a direction to Opposite Party No. 2-Commissioner, Central Excise & Customs, to reinstate him in service granting all consequential service & financial benefits with retrospective effect.2. The facts & circumstances giving rise to the present Writ Petition are that the Petitioner was a confirmed Lower Division Clerk (hereinafter referred to as the 'I.D. Clerk') in the office of the Assistant Commissioner Central Excise & Customs, Cuttack. While working as such, a departmental proceeding was initiated against ,the Petitioner under Rule 14 of Central Civil Servic...
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