Orissa Court March 2009 Judgments
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The New India Assurance Co. Ltd. Vs. Antaryami Purohit and ors.
Court: Orissa
Decided on: Mar-04-2009
Reported in: 107(2009)CLT704
A.S. Naidu, J.1. The Judgment dtd. 16th August, 2003 passed by the District Judge-Cum-MACT (1), Bolangir, in M.J.C. No. 519/115 of 1993-2001 is assailed in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 by the New India Assurance Co. Ltd., Bolangir Division.2. Purushottam Purohit along with his son Artatrana Purohit and others was travelling in an Ambassador Car bearing Regn. No. OR-03-1819 from Bolangir to Bhubaneswar on 30th May, 1993 morning. It was alleged that due to rash and negligent driving of the driver, the said Car had a head on collusion with a Truck bearing Regn. No. ORH-1945 which was also travelling in a high speed and coming from the opposite direction. Consequent to such accident Purushottam Purohit sustained grievous injuries and unfortunately succumbed to the said injuries. Other occupants of the Car also sustained injuries. Purushottam Purohit, it is averred in the petition filed under Section 166 of the M.V. Act, was aged about 62 years at the ...
Kanhu Charan Sethy and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-04-2009
Reported in: 2009(I)OLR885
B.P. Das, J.1. The petitioners, who are 35 in number, have filed this writ application challenging the office orders dated 05.02.1996 and 09.02.1996 issued by opposite party No. 3-Secretary of Orissa State Housing Board (hereinafter 'Board') under Annexure-1 and 2 terminating their services and relieving them from their duties.2. The Secretary of the Board by letter dated 07.09.1992, under Annexure-9, requested the Director, Employment, Orissa to sponsor candidates for the posts of Junior Assistant for appointment under the Board. In the said requisition letter, it was indicated that the Board in its 175th meeting held on 29.07.1992 decided that the minimum educational qualification for the post of Junior Assistant in the Board would be Bachelor's Degree in Arts, Science & Commerce and accordingly decided to place revised requisitions with the Employment Exchanges to sponsor candidates with the above qualification. Thereafter the names of the petitioners alongwith others were sponsored...
Sree Osiya Trading Corporation Vs. Cuttack Development Authority and o ...
Court: Orissa
Decided on: Mar-04-2009
Reported in: 2009(I)OLR908
B.P. Das, J.1. The petitioner M/s. Sree Osiya Trading Corporation being an unsuccessful bidder in a tender challenges the terms of the tender alleging mala fide and irregularity in the said tender process.2. The brief facts leading to the writ petitioner are as follows:O.P.1 - Cuttack Development Authority (CDA) by Auction Sale Notice dated 26.9.2008, which was published in the Oriya daily, 'The Samaj' dated 28.9.2008, vide Annexure-3, invited sealed quotations for disposal of commercial and office space available in Netaji Subhas Chandra Bose Arcade at the Old Jail premises, Cuttack as per the terms and conditions contained in the Brochure issued therefore. The salient features of the terms and conditions contained in the Brochure are as follows :-'(a) Registration amount of Rs. 1,00,000/- by way of Demand Draft/Banker's cheque from Orissa State Cooperative Bank, Link Road Branch, Cuttack was fixed to be accompanied with the Bid and the same was non-refundable.(b) The application alon...
Laxman Nath and ors. Vs. Bhagaban Nath and anr.
Court: Orissa
Decided on: Mar-04-2009
Reported in: 2009(I)OLR890
A.S. Naidu, J.1. The judgment and decree dated 16.9.1992 and 25.9.1992 passed by learned District Judge, Keonjhar in Title Appeal No. 34 of 1988 confirming the judgment and decree dated 18.7.1988 and 4.8.1988 respectively passed by learned Subordinate Judge, Anandpur is assailed by the defendants of the said suit, in this Second Appeal.2. The suit was for a declaration that defendant No. 1 was not the adopted son of late Kanhu and his wife Bhalu, to declare the plaintiffs as the only successors of the properties of late Bhalunath and further to permanently restrain defendants 1 to 4 from entering and interfering in the possession of the plaintiffs in respect of the suit properties. The trial Court decreed the suit and so also the appellate Court.3. Though several points were urged by Mr. Mohanty, learned Counsel for the appellants without going into the facts in detail this Court finds that the appeal can be disposed of on a very short point. It is submitted by Mr. B.H. Mohanty that In...
Narayan Patnaik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-04-2009
Reported in: 107(2009)CLT782
Indrajit Mahanty, J.1. In this writ application, the Petitioner-Narayan Patnaik seek to challenge the Order Dated 9.9.1997 passed by the Orissa Administrative Tribunal, Bhubaneswar dismissing his Original Application No. 259 of 1989 as not maintainable.2. From the records of the proceeding, it appears that the Petitioner was suspended vide the Order Dated 16.4.1986 and on 1986 under Annexure-2, the Petitioner was issued with the charge sheet in a disciplinary proceeding on the following charges:(1) That on 11.4.86 at about 11.45 A.M. you were found in an objectionable and intimate position with a girl student of Rourkela Women's College, Rourkela inside the office room of the Principal of Rourkela Womens' College, Rourkela which amounts to serious misconduct on your part involving moral turpitude.(2) That you being the Head Clerk of the institution are being in the habit of encouraging indiscipline in the college, whereas being the Head Ministerial staff of the College you were expecte...
Dr. Prafulla Kumar Sahoo Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: Mar-04-2009
Reported in: 108(2009)CLT840; 2009(II)OLR709
ORDER1. Heard Mr. B. Routray, learned Counsel for the petitioner, learned Counsel for the State for opposite party Nos. 1 and 2, Mr. A.A. Das, learned Counsel for the opposite party No. 3 and Mr. M.K. Mishra and Mr. U.C. Mohanty, learned Counsel for the interveners.2. The petitioner in this writ application challenges the impugned order dated 9.5.2008 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in Original Application No. 930 (C) of 2008 directing opp.party-the Principal Secretary to Govt. in Health & Family Welfare Department to consider the representation of the petitioner.3. The case of the petitioner has been narrated in paragraph 2 of the impugned order. The learned Tribunal disposed of the Original Application at the stage of admission without entering into the merit of the case with a direction to present opp.party No. 1 to consider the averments made in the O.A. along with the Annexure particularly his representations under Annexure-7 series to the O.A....
Sri Jagabandhu Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-03-2009
Reported in: (2009)107CALLT465(NULL)
P.K. Tripathy, J.1. This Writ Petition is directed against order of the Director, Higher Education, Annexure- 1 (b).2. Fact involved in this case, in short, is that Petitioner was appointed as Lecturer on 07.08.1982. He submitted his resignation on 30.10.1985 and the Governing Body, Opp. Party No. 3 accepted the resignation on 07.11.1985. Petitioner filed O.J.C. No. 6011 of 1996. That Writ Petition was disposed of on 13.08.1996 with direction to Opposite Party No. 2 to dispose of the appeal/representation, Annexure-2(b) dated 16.05.1996. Pursuant to that direction, on 29.04.1997 that appeal was disposed of as per order, Annexure-3. The appeal petition of the Petitioner was dismissed. As against that order, Petitioner filed O.J.C. No. 7313 of 1997. On 06.04.1999, while disposing of that Writ Petition, this Court considered the submission of the Petitioner that the claim of the Petitioner about fabrication of resignation letter was not properly considered by Opposite Party No. 2, though ...
Baidhara Panda and 21 ors. Vs. State Government of Orissa Represented ...
Court: Orissa
Decided on: Mar-03-2009
Reported in: 107(2009)CLT632
I.M. Quddusi, J.1. By means of this Writ Petition, the Petitioners have challenged the office Order Dated 22nd January, 2008 passed by the Managing Director, Orissa Forest Development Corporation Ltd. by which the Petitioners who were working as Field Assistants of Bhubaneswar (C) Zone Office/Bhubaneswar (C) Division were transferred and posted as such in divisions noted against their name against existing vacancies of Watchers as they were found to be surplus.2. The brief facts of the case are that the Petitioners were appointed as Mate, which was later on redesignated as Field Assistants, which is a Class III post The Orissa Forest Development Corporation Ltd. by office order No. 877 dated 15th November, 2006, circulated the final seniority list of the Field Assistants after disposal of the representation received from the employees concerned on the provisional seniority list and reports of the Divisional Managers of OFDC Ltd. The said seniority list is enclosed as Annexure-1 to the ...
Nibas Prusty and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-03-2009
Reported in: 107(2009)CLT790
I.M. Quddusi, J.1. These are four Writ Petitions filed against the common Judgment and Order Dated 10.1.2003 passed by the Orissa Administrative Tribunal dismissing the four Original Applications filed by these Petitioners registered as O.A. Nos. 1877 of 1988,2347 of 2000,2516 of 2000 and 565 of 2001.2. The brief facts of the case are that pursuant to separate advertisements issued by the Orissa Staff Selection Commission during different years inviting applications for recruitment to various posts which were under the administrative control of different Heads of Departments, the Petitioners applied for different posts recruitment for which was conducted by the Staff Selection Commission. Anil Kumar Sahoo, the Petitioner in W.P.(C) No. 4043 of 2006 applied for the post of Assistant Jailor pursuant to advertisement No. 1643/OSSC dated 7.9.1995 whereas Nibas Prusti, the Petitioner in W.P.(C) No. 4946 of 2003 was a candidate for the post of Junior Correctional Officer pursuant to advertis...
Madhi Nanda Vs. State of Orissa
Court: Orissa
Decided on: Mar-03-2009
Reported in: 2009(I)OLR906
Pradip Mohanty, J.1. This jail criminal appeal is directed against the judgment and order dated 6.3.1999 passed by the Sessions Judge, Koraput in S.C. No. 277 of 1997 convicting the appellant under Section 302 IPC and sentencing him to imprisonment for life.2. The case of the prosecution is that on 22.6.1997, P.W.3 and others were standing on the village road. At that time, accused came out of her house dancing, holding a husk pound (M.O.-I) and confessed before them that she had killed her husband. All the persons present along with P.W.3 entered into the house and saw the deceased lying dead and there was profuse bleeding from his head. Therefore, they convened a Panchayat. The appellant also attended the said Panchayat and confessed to have killed her husband. F.I.R. (Ext.1) was lodged by P.W.3 and the OIC, P.W.8 investigated into the matter. Ultimately charge-sheet was filed against the appellant for commission of offence under Section 302 I.P.C.In order to prove its case, prosecut...
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