Orissa Court February 2009 Judgments
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Sasmita Sethi Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Feb-13-2009
Reported in: 2009(I)OLR628
R.N. Biswal, J.1. The petitioner has filed this writ petition with a prayer to direct the opp.parties not to remove her from service without following the due procedure of law.2. As per the writ petition, petitioner, having been selected under due procedure, was appointed as System In-Charge by opp.party No. 3 in S.C.B. Medical College ware house, Cuttack, with stipulation that she would receive her salary from M/s. Broadline Computer System Pvt. Ltd. functioning in the office of opp.party No. 2 for implementation of Drug Inventory Management System (in short DIMS) Project under the Health Department. Pursuant to the appointment order, petitioner submitted her joining report in the office of opp.party No. 4 on 17.7.2003 forenoon and since then she has been discharging her duty to the best of her ability to the satisfaction of the authorities and receiving her salary as a contractual staff.3. There are altogether 33 ware houses-one ware house in each of the 30 districts and likewise one...
Miss. Lopamudra Misra Vs. Assistant Commissioner of Income Tax and ors ...
Court: Orissa
Decided on: Feb-13-2009
Reported in: 2009(I)OLR844
Indrajit Mahanty, J.1. The present appeal has been filed by the appellant seeking to challenge the order dated 5.8.2004 passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack in I.T.A. No. 341 (CTK) of 2003 along with I.T.A. No. 359 and 472 (CTK) of 2003 and CO. No. 37 (CTK) of 2003 pertaining to the assessment year 2001 -2002.2. Shorn of unnecessary details, the fact in this case in brief is that the Star Plus TV channel started a programme known as 'Koun Banega Crorepati' in which the appellant participated in the programme which was recorded on 29.9.2000 and telecasted by the television channel on 30th September 2000. Since the appellant answered the questions correctly, she was awarded a sum of Rs. 25 lakhs. This payment was made to the appellant by a post dated cheque dated 5.11.2000. The appellant was served with a notice dated 16.1.2001 by the Assistant Commissioner Income Tax, Cuttack-Respondent No. 1 whereby, she was called upon to pay income tax of Rs. 11 lakhs a...
State of Orissa Vs. Padmanav Pradhan and ors.
Court: Orissa
Decided on: Feb-13-2009
Reported in: 107(2009)CLT873
Sanju Panda, J.1. This appeal is directed against the Judgment and decree dated 15.5.1992 and 9.7.1992 respectively passed by the Learned Subordinate Judge, Deogarh in Title Suit No. 27 of 1990.2. Respondents 1 to 8 as plaintiffs filed the suit for declaration of their right, title and interest over Schedule 'A' lands as described in the plaint. They also prayed for recovery of Rs. 1,91,160 from the Defendants who are the State Government represented through the District Collector, Sambalpur and Land Acquisition Officer, Rengali and Bhirnkund Irrigation Project, Sambalpur. The claims of the plaintiffs were as follows:Rs. 1 ,46,160 towards the valuation of the suit land and pendente lite and future interest at the rate of 12% per annum: The plaintiffs in their plaint further pleaded that they are the sons and widow of the recorded tenant Pitabas Pradhan who died on 14.6.1988. During the period of Ex-Bamra Estate Rulers, Pitabas Pradhan and Khirod Bihari Pradhan applied for reclamation o...
Duryodhan Mohapatra Vs. Kshirabdhi Tanaya Nayak and 5 ors.
Court: Orissa
Decided on: Feb-12-2009
Reported in: (2009)107CALLT490(NULL)
B.S. Chauhan, C.J.1. This Writ Petition has been filed challenging the Judgment and Order Dated 9.5.2001 passed by the Central Administrative Tribunal rejecting the review application filed by the present Petitioner against its Judgment and Order Dated 1.3.2001 disposing of O.A. No. 172 of 2000 directing the competent authority to re-consider the case of appointment on the post of Extra Department Branch Post Master, hereinafter called (EDBPM), Mituani Branch Post Office.2. The facts and circumstances giving rise to this case are that by public notice dated 14.5.1999 appointment to the said post was advertised to be filled up by the candidate belonging to S.T. community only. It was provided in the notice that in case requisite number of S.T. candidates were not available the post would be filed up by other reserved categories i.e. SC/OC/OBC failing which by the general category candidate. In response to the said public notice and also in response to the requisition sent to the Employm...
Sarat Chandra Nanda Vs. Puspalata Nanda
Court: Orissa
Decided on: Feb-12-2009
Reported in: 2009(II)OLR86
ORDERS.R. Singharavelu, J.1. Heard learned Counsel for both parties.2. Plaintiff is the writ petitioner. Having lost his case with a prayer to condone the delay of two and half years in filing a petition under Order 9 Rule 9, CPC for restoration of the suit for eviction which he filed and which he left for dismissal for default. True it is, the opposite party-defendant was also recalcitrant inasmuch as he never appeared and filed a written statement on his behalf. It is equally true that between 24.2.1998 and 20.8.1998 the defendant was given an opportunity of filing a written statement which he had not availed. The case happened to get transferred on 4.9.2004 fixing the date for appearance and ex parte hearing on 18.11.2004. Since the writ petitioner-plaintiff was absent both on 18.11.2004 and subsequently adjourned date on 29.1.2005 and the case was dismissed for default he preferred an application under Order 9 Rule 9, CPC with an application Under Section 5 of the Limitation Act on...
Premlal Panda and anr. Vs. Union of India (Uoi) and 6 ors.
Court: Orissa
Decided on: Feb-11-2009
Reported in: 107(2009)CLT415
B.S. Chauhan, C.J.1. This Writ Petition has been filed challenging the Judgment and order of the Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter called 'the Tribunal) dated 9.1.2009 passed in O.A. No. 385 of 2007 dismissing the petition which was filed against an order of transfer.2. The facts and circumstances giving rise to this case are that the Petitioners are working as Upper Division Clerk and Assistant in Central Institute of Fisheries Technology (CIFT) at Burla Research Centre in the district of Sambalpur, wherein institute had undertaken to work on research of fisheries development. On 10.01.2006 and 14.05.2007 policy decisions had been taken by the competent authorities to close down the said research centre of CIFT at Burla. Therefore, most of its employees have to be transferred to Headquarters/ Research Centres as per the order of the competent authority vide it's letter dated 21.05.2007 (Annex.-1) and in view thereof, Petitioners had been transferred ...
Mangalam Timber Products Ltd. Vs. Sri Sailesh Kumar Gantayat
Court: Orissa
Decided on: Feb-11-2009
Reported in: 107(2009)CLT408; [2009(121)FLR1039]; (2009)IVLLJ191Ori; 2009(1)OLR831
S.C. Parija, J.1. This Writ Petition by the Petitioner-management is directed against the award dated 23.11.2007 passed by the Labour Court, Jeypore, in I.D. Case No. 6 of 2007, modifying the punishment of dismissal from service, awarded to the workman-Opposite Party and directing his reinstatement.2. The brief facts of the case is that the Opposite Party-workman while working as a Junior Welder-cum-Fitter was found involved in theft of 10 liters of paint by taking the same out of the factory premises through a truck No. ORK-2199. While the said truck was checked by the security personnel at the factory gate on 27.11.2003, the driver was caught red handed and the involvement of the workman came to light. During investigation, the workman admitted his guilt in writing. As the said act of the workman constituted a major misconduct, as per the Certified Standing Orders of the Petitioner establishment, besides loss of confidence by the management, the workman was issued with a charge sheet...
Union of India (Uoi) and 3 ors. Vs. Faguni Charan Barik
Court: Orissa
Decided on: Feb-11-2009
Reported in: (2009)107CALLT487(NULL)
B.S. Chauhan, C.J.1. This Writ Petition has been filed by the Union of India against the Judgment and Order Dated 30.9.1999 (Annex.-1) passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter called 'the Tribunal') in Original Application No. 115 of 1999, allowing the application filed by the Opposite Party directing the Petitioners to pay the arrears of pay and allowances to the Opposite Party from 1.11.1995 till the date he resumed the duty i.e. on 10.6.1996 along with 12% interest per annum during which he remained absent from duty.2. The facts and circumstances giving rise to this case are that the Opposite Party was working as Extra Departmental Mail Carrier at Jajpur Road Railways Mail Service for executing postal mails in S.T.S. Due to some allegations, he was transferred to Jajpur Head Post Office vide Order Dated 31.10.1995. He challenged the said order before the Tribunal by filing Original Application No. 725 of 1995. However, the said application w...
Jnyananda Panda Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: Feb-11-2009
Reported in: (2009)107CALLT493(NULL)
B.S. Chauhan, C.J.1. This Writ Petition has been filed challenging the advertisement No. 10 of 2008-09 (Annex.-1) published by the. Special Secretary, Orissa Public Service Commission inviting-application for Orissa Judicial Service Examination-2009 to fill up the posts of Civil Judges under Law Department by direct recruitment, on the ground that it has fixed the maximum age of 32 years for General Category, which is unreasonable and seeking following directions:(i) To direct the writ of mandamus to the Opp. Parties particularly to the Opposite Parties 1 and 2 to amend the advertisement para 4 of the advertisement as maximum-35 years of age instead of 32 years of age as provided by the other States in India;(ii) To direct the Opposite Parties to follow up strictly ORV Post & service (SC/ST) Act, 1975.(iii) To direct the Opposite Parties for providing 10 years age relaxation to the P.H. Category candidates as provided by the other States.(iv) To direct the Opposite Parties particularly...
Sri Barendra Das and ors. Vs. Joint Commissioner, Consolidation and or ...
Court: Orissa
Decided on: Feb-11-2009
Reported in: 107(2009)CLT577
A.S. Naidu, J.1. The Petitioners are the villagers of village Kalanda in the district of Balasore. Their grievance in this Writ Petition is that though the consolidation authorities reserve certain lands for public purposes, i.e., for construction of infra village road, and such decision was confirmed by the Deputy Director in appeal and the Commissioner in revision, subsequently, the Commissioner recalled his earlier Order Dated 31.12.1996 and disposed of the revision de novo by Order Dated 31.12.1997. It is stated that such action of the Commissioner is unjust, illegal and contrary to the canons of law and it is a fit case where the same should be quashed.2. The contesting Opposite Parties after receiving notice appeared and filed counter affidavit denying all the averments made in the writ application. According to the contesting Opposite Party, there were three bastis in village Kalanda, named as 'Sadak Pakha Sahi' (Purba Sahi), 'Dakhina Sahi', and 'Uttara Sahi' and they are interv...
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