Orissa Court April 2009 Judgments
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Khirodini Mohapatra and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-16-2009
Reported in: AIR2009Ori176
ORDERA.S. Naidu, J.1. The orders dated 8th August, 1985 and 9th October, 1998 passed by the Deputy Director, Consolidation of Holdings, Sambalpur in Appeal Case No. 75 of 1984 (Annexure-3) and the Joint Commissioner, Settlement and Consolidation, Sambalpur in Consolidation Revision Case No. 799 of 1988 (Annexure-4) respectively are assailed in this writ application.2. Bereft of unnecessary details, the short facts necessary for appreciating the inter se disputes are stated hereinbelow:One Chakradhara was the common ancestor of the contesting parties. Jadumani and Kasinath were his two sons. Jadumani died leaving behind his son Purnachandra. Suryamani is the wife of Purna Chandra and is impleaded as opposite party No. 5 to this writ application, Kasinath the 2nd son of Chakradhara died leaving behind his wife Ambika and son Lalsaheb. Khirodini, petitioner No. 1 is the widow of Lalsaheb. Chakradhara was admittedly the absolute owner of the properties in dispute. Purna Chandra, husband of...
Sudhir Kumar Agarwala Vs. Cit and ors.
Court: Orissa
Decided on: Apr-15-2009
Reported in: (2009)226CTR(Ori)621
B.N. Mahapatra, J.1. This tax appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the 'Income Tax Act') has been filed raising the following questions of law:(A) Whether in the facts and circumstances of the case the learned Tribunal is justified in sustaining the additions made under Section 43B of the Act, for delay in deposit of EPF contribution when the appellant has deposited the said contribution before due date of submission of returns under Section 139(1) of the Income Tax Act ?(B) Whether the learned Tribunal is justified in sustaining the additions of capital gain when in the facts and circumstances of the case the appellant has inherited the properties by virtue of a will and the said property was under the possession of his father for a period of 40 years and more ?(C) Whether the additions made on account of capital gains is correct under the facts and circumstances of the case and the amounts determined ?2. The facts and circumstances giving ...
D.K. Marine Products and anr. Vs. Central Bank of India and anr. and S ...
Court: Orissa
Decided on: Apr-13-2009
Reported in: 2009(II)OLR19
ORDERM.M. Das, J.1. Heard Mr. S.P. Mishra, learned Counsel for the appellants, Mr. Mohapatra, learned Counsel for the respondent No. 1-Bank and the learned Counsel for the Orissa State Financial Corporation (O.S.F.C).2. The appellants and the proforma respondents were defendants in O.S. No. 29/75 of 1986/82, which was filed before the learned Civil Judge (Sr. Division), Puri by the respondent No. 1- Bank, for recovery of an amount of Rs. 25,96,174.68. The suit was contested by the appellants and the respondent No. 2 - OSFC. The other proforma respondents were set ex parte.3. Upon examination of P.W.1 on behalf of the plaintiff, the suit was posted to 26.11.1992 for further examination of P.W.1. On 20.11.1992, the plaintiff filed an application to advance the date for moving an application for a direction to produce some documents in the custody of the Special Judge (Vigilance), Bhubaneswar. The copies of the said applications were served on the learned Counsel appearing for the appella...
Duryodhan Lenka Vs. Chairman of Board of Directors, Kalinga Gramya Ban ...
Court: Orissa
Decided on: Apr-13-2009
Reported in: 108(2009)CLT304
B.P. Das, J.1. The Petitioner, who was working as Field Officer in Naharana Branch of Cuttack Gramya Bank and also the General Secretary of Kalinga Gramya Bank Officers' Association, has filed this Writ Petition challenging the Order Dated 21.11.2003 (Annexure-19) passed by the Appellate authority-Chairman of the Bank, O.P. 2, confirming the order of punishment of dismissal from service passed by the disciplinary authority on 21.6.2003 (Annexure 18).2. The charges framed against the Petitioner read as follows:I) Sri Lenka did not work as per instruction given to him by he General Manager. He was instructed to exclusively look after deposit mobilization ana' to submit a weekly progress report. He did not function sincerely & properly & defied higher Officer's instructions. Thus, he violated Regulation 17 of Cuttack Gramya Bank Officers & Employees Service Regulation 2000.II) Sri Lenka did not obtain prior sanction of his leave nor informed in advance about his absence of duty. He did no...
Raghunath Mohanty Vs. Juti Dei
Court: Orissa
Decided on: Apr-10-2009
Reported in: 107(2009)CLT617
B.N. Mahapatra, J.1. The above two appeals have been directed against the order and Judgment dated 26.03.2001 passed by the Learned Single Judge in First Appeal Nos. 159/84 and 195/84 dismissing the first appeal preferred by the Appellant by reversing the Judgment and decree in T.S. No. 278 of 1978/48/77 and allowing the first appeal preferred by the Respondent.2. Since the Appellants inboth the appeals are same and the issues involve are same, they are being heard together and disposed of by this common Judgment.3. The facts and circumstances giving rise to the present appeals are that originally the Plaintiff-Appellant filed a suit for declaration of title and confirmation of possession and in the alternative, for recovery possession of the suit land. The case of the Plaintiff-Appellant before the Trial Court was that he was the adopted son of one Sankar Mohanty and Labani Bewa, who adopted him during Dolapurnima in 1944. After the death of Sankar, Labani Bewa executed a deed of gift...
N.V. Krishnan Kutty Vs. Union of India (Uoi) and 4 ors.
Court: Orissa
Decided on: Apr-10-2009
Reported in: 108(2009)CLT103
B.S. Chauhan, C.J.1. This Writ Petition has been filed against the Judgment and order of the Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter called the 'Tribunal') dated 25.05.2005 in O.A. No. 633 of 2004, by which the Tribunal restrained the Opposite Parties to proceed with fresh inquiry but permitted to conclude the earlier inquiry from the point it stood vitiated for non-consideration of objections filed by the Petitioner against the inquiry report.2. The facts and circumstances giving rise to this case are that the Petitioner-employee was served with charge-sheet dated 25th September, 1998 (Annex. -1) that he was responsible for non- inspection and supervision of the maintenance of the Railway Track which ultimately led to derailment of the Goods Train on 4.6.1998. Petitioner-employee replied to the said charge-sheet and as the employer was not satisfied with the same, the Inquiry Officer was appointed. During the pendency of the said Inquiry the Petitioner-emp...
Ramakanta Mishra and ors. Vs. United Commercial Bank
Court: Orissa
Decided on: Apr-10-2009
Reported in: AIR2009Ori163; 108(2009)CLT804
B.S. Chauhan, C.J.1. This writ petition has been filed challenging the order dated 24-5-2002 (Annex.4) passed by the Presiding Officer, Debts Recovery Tribunal, Cuttack (hereinafter referred to as the 'Tribunal') in T.C. No. 312 of 2001 rejecting the application of Ramakanta Mishra (hereinafter referred to as the 'original petitioner') to transfer the case to the Civil Court for execution of the decree.2. The facts and circumstances giving rise to this case are that the original petitioner had taken a term loan in April, 1971. He did not pay the amount and as on 25-12-1981 a sum of Rs. 1,06,153-64 paise remained outstanding. The original petitioner did not pay the amount in spite of notices given by the opposite party-bank. Thus the bank filed O.S. No. 10/1 of 88/82 before the Additional Civil Judge ('Senior Division'), Puri for realization of the said amount. The said suit was contested by the original petitioner. However, it was decreed vide judgment and decree dated 29-9-1999 and 14...
Soubhagya Kumar Nayak Vs. State of Orissa and Three ors.
Court: Orissa
Decided on: Apr-09-2009
Reported in: 108(2008)CLT120; 2009(I)OLR933
M.M. Das, J.1. Heard Mr. Mohanty, learned Counsel for the petitioner and Mr. N. K. Das, learned Counsel appearing for opposite party No. 5 as well as the learned Counsel for the State.2. The petitioner is continuing as Storage Agent in Bamara Block. The opposite party No. 5 made an application to be appointed as Storage Agent in the said Block. He being selected, the petitioner has preferred this writ petition challenging the selection of opposite party No. 5 on the ground that on the date when he made the application for being appointed as Storage Agent, he was disqualified to be appointed as such, as a charge-sheet was filed against him in a criminal proceeding vide G.R. Case No. 275 of 2004 for alleged commission of offence under Sections 448/357 I.P.C. The charge-sheet filed on 5.12.2004 has been annexed to the writ petition as Annexure-3 series. The application for being appointed as Storage Agent was made by the opposite party No. 5 on 18.11.2006, when the said criminal case was ...
Division Manager, New India Assurance Co. Ltd. Vs. Akhaya Kumar Khunti ...
Court: Orissa
Decided on: Apr-09-2009
Reported in: 108(2009)CLT112
B.S. Chauhan, C.J.1. This writ appeal has been filed against the Judgment and order of the Learned Single Judge dated 04.09.2000 passed in M.A. No. 324 of 1998 by which the appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter called 'the said Act'), against the award passed by the Commissioner under the provision of the said Act in W.C. Case No. 65-D/96, has been rejected on the ground that no substantial question of law was involved therein.2. The facts and circumstances giving rise to the case are that one Babaji Sethi (deceased) was working as a labourer on the Tractor attached with a trolley belonging to Respondent No. 1. Babaji died while performing his duty on 27.3.1996. The claimants filed a Claim Petition with the averments that the deceased was 30 years of age and was getting Rs. 1500 per month as his wages. In pursuance thereof, notice was issued by the Commissioner to the owner of the vehicle, but he neither appeared nor filed any written statement. T...
Bhubani Rath and ors. Vs. Ramamani Bewa and ors.
Court: Orissa
Decided on: Apr-09-2009
Reported in: 108(2009)CLT161
M.M. Das, J.1. The Petitioners in this Writ Petition have sought for quashing the order under Annexures-18, 19 & 20 passed by Consolidation the Officer, Nimapara, Deputy Director, Consolidation, Bhubaneswar & the Commissioner, Consolidation & Settlement, Orissa, in Bhubaneswar Remand Revision Case No. 467 of 1993, Appeal Case No. 9 of 2002 & Consolidation Revision No. 19 of 2004 respectively.2. The property in dispute relates to the Sabik Settlement (1929-30), plot No. 129 measuring Ac.2.605 decimals which stood recorded in the name of Shri Laxminarayan Dev Marfat Kailash Chandra Rath under Sabik Khata No. 477 with the status of the land recorded as 'DHAKAL BISISTA SATWO' classified as 'Baje Fasal'. The said property corresponds to the 1962 Settlement plot No. 124 under khata No. 98 measuring Ac. 2.590 decimals recorded in the name of the same recorded tenant of the sabik settlement as sthitiban tenant classified as 'PURATAN PATITA'. During consolidation operation, the same was recorde...
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