Orissa Court May 2009 Judgments
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Gobinda Chandra Pattnaik Vs. Presiding Officer, Debt Recovery Tribunal ...
Court: Orissa
Decided on: May-06-2009
Reported in: 2009(II)OLR374
Indrajit Mahanty, J.1. In the writ application under Articles 226 and 227 of the Constitution of India, the petitioner-Shri Gobinda Chandra Pattnaik who was a guarantor for a loan granted to one M/s. Barkha Industries has sought to challenge the action of the opposite party No. 3-State Bank of Hyderabad and opposite party No. 2- Recovery Officer, Debts Recovery Tribunal, Cuttack, in effecting sale of the only residential property belonging to the petitioner, even though, the petitioner had offered to pay the highest bid amount raised at the auction conducted by the opposite party No. 2 and further the petitioner seeks to challenge the rejection of his petition, under Rule 60 and 62 of the Income Tax Act, 1961 and also further seeks to challenge the consequential confirmation of sale, made in favour of the opposite party No. 4-Birendra Kumar Pattnaik.2. The petitioner submits that he is the owner of the property under the District Khurda, SRO/PS Jatani, Mouza Ramachandrapur, Khata No. 2...
Naba Kishore Mishra Vs. Collector and Two ors.
Court: Orissa
Decided on: May-05-2009
Reported in: 108(2008)CLT133; 2009(I)OLR1020
ORDER1. Heard Mr. P.K. Singh, learned Counsel for the petitioner and Mr. Patnaik, learned Counsel for the State.2. The petitioner is a VLW posted under the Odapada Block and is working as the Executive Officer of Bangurusingh Grama Panchayat pursuant to the order of the Block Development Officer annexed as Annexure-4 to the additional affidavit filed by the petitioner today in Court. While working as such, the letter under Annexure-1 was issued by the Collector, Dhenkanal to the following effect:DISTRICT OFFICE; DHENKANAL....
Dr. Sarada Prasad Mohanty Vs. Vice Chancellor, Berhampur University an ...
Court: Orissa
Decided on: May-05-2009
Reported in: 2009(II)OLR41
B.P. Das, J.1. The petitioner, who is a retired Professor of Physics of Berhampur University, has filed this writ application challenging the order dated 3.8.2002 issued by the University Authorities revising the licence fee (house rent) in respect of its quarters during the period from 01.08.1991 to 30.06.2001 as per Annexure-1 as well as the order dated 27.08.2002 directing recovery of the arrear licence fee (house rent) as indicated in Annexure-5.2. The brief facts giving rise to the writ application are that the petitioner, during the tenure of his service under the University, was allotted with a quarters by the University. After his retirement on 31.7.1999, he retained the quarters for a period of one year. During that period, the petitioner had paid the up-to-date rent and penal rent at the prevalent rate. In pursuance of the resolutions of the State Government dated 1.8.1991 and 18.9.1998, vide Annexures-2 and 3 respectively, revising the licence fee (house rent) in respect of ...
Sri Abhiram Mohapatra Vs. Smt. Draupadi Mohapatra
Court: Orissa
Decided on: May-05-2009
Reported in: 2009(II)OLR55
ORDER1. Mr. J.M. Mohanty, learned Counsel for the petitioner is present. None appears for the opposite party. Even, we adjourned this case to be taken up now, i.e., after recess, then also nobody appears for the opposite party.2. Therefore, we hear the petitioner and this writ petition is disposed of in the following manner.3. Petitioner has filed this writ petition challenging the order, Annexure-8, passed on 02.06.1999 in Criminal Proceeding No. 338 of 1991. The Family Court, Cuttack, in consideration of the application under Section 125, Cr.P.C. filed by the opposite party, passed the ex parte order of maintenance against the petitioner with a direction to make payment of monthly maintenance @ Rs. 300/- per month from June, 1999 and also awarded the litigation expenditure of Rs. 1,000/-. On 11.06.1999 petitioner filed this writ petition instead of applying to the Family Court under the proviso in Section 126(2), Cr.P.C. On 06.07.1999 when the matter was taken up for admission, this ...
Bachan Singh Vs. the Road Transport Officer and ors.
Court: Orissa
Decided on: May-04-2009
Reported in: AIR2009Ori185; 2009(II)OLR183
B.N. Mahapatra, J.1. In this writ petition, the petitioner challenges the action of the R.T.O., Rourkela, Sundargarh-O.P. No. 1 (hereinafter referred to as 'the R.T.O.'), refusing to transfer the ownership of Truck bearing Registration No. OR-14-C-7343 in the name of the petitioner, who purchased it in auction from the Orissa State Financial Corporation (hereinafter referred to as 'the Corporation') and to issue road permit for non-payment of arrears of tax outstanding against the said vehicle prior to the date of auction on the ground that such action of the R.T.O. is illegal and arbitrary.2. The facts and circumstances giving rise to this petition are that one Rajib Kumar Pratihari availed a loan from the Corporation and purchased a Tata Truck bearing Registration No. OR-14-C-7343. As there was default in repayment of the loan to the Corporation, possession of the vehicle was taken over by the corporation under Section 29 of the State Financial Corporations Act, 1951 (hereinafter ref...
Anjan Kumar Sahoo and ors. Vs. the District Labour Officer-cum-concili ...
Court: Orissa
Decided on: May-01-2009
Reported in: 108(2009)CLT24
I. Mahanty, J.1. In the present writ application the Petitioner has sought to challenge the inaction of Opposite Party No. 1 -the District Labour Officer, Dhenkanal in not entertaining the dispute raised by the Petitioners for conciliation with regard to termination of their services and inaction of the State Government to refer the matter directly for adjudication as provided under Section 10(2) of the industrial Dispute Act, 1947 read with Rule-3 of the Orissa Industrial Disputes Rules, 1959.2. The Petitioners' claim is that they were workmen/employees working under M/s. Nilachal Refractories Limited, Dhenkanal and the said company was engaged in the process of manufacturing refractories bricks and other ancillary products. It is asserted that the Petitioner No. 1- Anjan Kumar Sahoo, who was initially appointed as a Holper in the Despatch Section w.e.f. 4.1.1982 and thereafter promoted to the post of Supervisor in Inspection & Despatch Section w.e.f. 1.2.1991 in the scale of pay of R...
Orissa State Beverages Corporation Ltd. Vs. Union of India (Uoi) and o ...
Court: Orissa
Decided on: May-01-2009
Reported in: 108(2009)CLT33; [2009]19STJ357(NULL)
Indrajit Mahanty, JJ.1. The Orissa State Beverages Corporation Ltd. the Petitioner herein is a Government of Orissa undertaking and has sought to challenge the Order Dated 10.9.2008 (Annexure-1) passed by the Commissioner, Central Excise, Customs and Service Tax, Bhubaneswar.2. The brief facts of the case are that a show cause notice was issued to the Petitioner-Corporation alleging that the Petitioner had engaged in rendering taxable 'storage and warehousing service' during the period from 1.10.2002 to 30.6.2003 and 'business auxiliary service' w.e.f. 1.7.2003 by managing depots with sufficient space for storage of the goods of the suppliers providing support for loading/unloading/ staking of the goods of the suppliers in the depots managing the inventory of the goods, providing security arrangements for the goods, selling the goods on behalf of the suppliers and ensuring payments as per the agreed rates from the sale proceeds to the suppliers.3. It was further alleged that that the P...
Kunar Charan Marandi Vs. Commissioner-cum-secretary Govt. of Orissa, D ...
Court: Orissa
Decided on: May-01-2009
Reported in: 108(2009)CLT17
I. Mahanty, J.1. In the present Writ Petition, the Petitioner-Kunar Charan Marandi seeks to challenge the Order Dated 29.3.2007 passed by the Learned Orissa Administrative Tribunal, Bhubaneswar in Original Application (O.A.) No. 392 of 2007, by which order, the Learned Tribunal was pleased to reject the Petitioner's challenge to the Notification dated 22.3.2007 issued by the Orissa Public Service Commission, finding the Petitioner as 'unsuitable for promotion' to Orissa Administrative Service, Class-II (in short OAS-II), in accordance with Regulation 5(2)(d) of the Orissa Administrative Service, Class-II (Appointment by Promotion and Selection) Regulations, 1978 (in short' 1978 Regulations'), as consequence of which, the Petitioner was reverted back to his former cadre.2. Learned Counsel for the Petitioner submitted that although the Petitioner satisfied all the conditions stipulated in Rule 3(c) of the Orissa] Administrative Service, Class II (Recruitment) Rules, 1978 (in short '1978 ...
Ramesh Chandra Nath Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: May-01-2009
Reported in: 108(2009)CLT485
I. Mahanty, J.1. In this writ application, the Petitioner-Ramesh Chandra Nath has sought to challenge the Order Dated 6.9.1999 (Annexure-6) passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A.No.253 of 1993 by which the Tribunal was pleased to dismiss the Petitioner's original application seeking to challenge the order of termination passed pursuant to a disciplinary proceeding.2. The relevant facts of the present case are mat the Petitioner had been selected & appointed as a Postal Assistant in Bhubaneswar Division in the year 1981. He claims to have made an application in response to an advertisement issued by the Opp. Parties & continued as such till 28.8.1985 when the Superintendent of Post Offices, Bhubaneswar Division issued a memorandum of charge alleging therein that the Petitioner secured his appointment relying upon a false Scheduled Tribe certificate & therefore, has exhibited lack of integrity & conduct unbecoming of postal employees & thereby contr...
Mahanadi Casting Pvt. Ltd. Vs. the Commissioner of Central Excise and ...
Court: Orissa
Decided on: May-01-2009
Reported in: 108(2009)CLT487
I. Mahanty, J.1. In this writ application M/s Mahanadi Casting Pvt. Ltd. (Petitioner-Company) seeks to challenge an Order Dated 12.7.2006 passed by the Customs, Excise & Service Tax Appellate Tribunal, Kolkata, Eastern Zonal Bench, Kolkata whereby the Learned CESTAT had directed remand of the matter back to the Learned Commissioner, Central Excise to decide afresh by determining the 'annual production capacity' of the Petitioner's factory for levy of excise duty in accordance with Section 3A of the Central Excise Act, 1944 & also challenges the consequent Order Dated 28.11.2008 passed by the Learned Commissioner, Central Excise, Customs & Service Tax, Bhubaneswar, pursuant to said order of remand.2. Learned Counsel appearing for the Commissioner of Central Excise (O.P.1) at the outset contends that the writ application is not maintainable since both the impugned orders passed by the CESTAT & the Learned Commissioner, Central Excise, Customs & Service Tax under Annexures-7 & 9 respectiv...
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