Orissa Court June 2009 Judgments
Pranaba Kumar Panda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-30-2009
Reported in: 108(2009)CLT276
Indrajit Mahanty, J.1. The Petitioner-Pranaba Kumar Panda has filed the present writ application seeking a direction to Opp.Parties 2 and 3, namely, the Vice Chairman and the Secretary of Bhubaneswar Development Authority (in short 'BDA') to allow him to join in the post of Junior Enginec r (Mechanical) in which he had been continuously working and with a further prayer to direct regularization of his services with consequential service benefits.2. In course of hearing of this writ application, by an Order Dated 6.3.2007, directions were issued by this Court permitting the Petitioner, to file a representation before the Vice Chairman, Bhubaneswar Development Authority-Opp. Party No. 2, within a period of ten days and the Vice Chairman was directed to reconsider the case of the Petitioner sympathetically, keeping in view the fact that the Petitioner had served for a considerable length of time in the B.D.A. and to take a decision on the representation within a period of two months from ...
Tag this Judgment!Annapurna Agency and S. Narendra Kumar and Co. Vs. State of Orissa
Court: Orissa
Decided on: Jun-30-2009
Reported in: 2009(II)OLR251
B.K. Patel, J.1. In both the applications under Section 482 of the Criminal Procedure Code, 1973 (for short 'the Cr.P.C) the petitioners have made prayer to quash the order dated 13.6.2002 passed by the learned S.D.J.M., Bhawanipatna taking cognizance of offence punishable under Section 16(1)(a)(i) Prevention of Food Adulteration Act, 1954 (for short, 'the Act') as well as the criminal proceeding in 2(c) C.C. No. 18 of 2002 now pending in the file of learned J.M.F.C. Bhawanipatna.2. The criminal proceeding was initiated against the petitioners and nother upon receipt of prosecution report submitted by the Food Inspector, Kalahandi. It appears that the Food Inspector inspected the Wholesale Agency of co-accused Prakash Jain who figures as accused No.1. On verification the Food Inspector suspected Everest brand Turmeric Powder', 'Chilly Powder', and 'Sabji Masala' manufactured by the petitioner in CRLMC No. 796 of 2004 who figures as accused No. 3 and supplied to the accused No. 1 by the...
Tag this Judgment!State of Orissa Vs. Wateka Mani
Court: Orissa
Decided on: Jun-29-2009
Reported in: 2009(II)OLR403
A.S. Naidu, J.1. The judgment and order of acquittal dated 09.11.1995 passed by the learned Additional Sessions Judge, Jeypore, acquitting the accused person from the charge under Section 302 IPC in Sessions Case No. 01 of 1995 is assailed by the State of Orissa in this Government Appeal.2. Bereft of unnecessary details, the prosecution case, in short, is that on 21.03.1994, the accused-respondent alongwith his wife, who was working as an Anganwadi Worker, was returning to their village from the Block Office, Bandhugaon, after the wife received her salary. On the way both of them consumed liquor in Soriapali Hat. Near village Dasini, the accused being intoxicated dealt fist blows, kicks and slaps to his wife (deceased) mercilessly. After reaching home, the accused again assaulted. As a consequence of such brutal act, the wife succumbed to the injuries. On 22.03.1994 late in the evening the accused went to his in-law's house and informed that his wife being seriously ill may breathe her...
Tag this Judgment!Himansu Kumar Kar Vs. Chief General Manager, State Bank of India and a ...
Court: Orissa
Decided on: Jun-29-2009
Reported in: 2009(II)OLR279
B.P. Das, J.1. The circumstances under which the petitioner has approached this Court seeking a direction on the authorities of the State Bank of India (Bank, hereinafter) to consider his case for employment on compassionate ground is pitiable.The petitioner, who is aged about 21 years, is the son of Dinesh Chandra Kar, who while serving as a Messenger in the Bank at its Balichandrapur Branch in the district of Jajpur, died on 1.3.1996 being affected by AIDS. After the death of the father of the petitioner, his mother approached the Bank authorities to provide her employment on compassionate ground. The Management of the Bank considering her case intimated her by letter dated 13.9.1996 (Annexure-2) to appear at the interview. Thereafter, by communication dated 28.9.1996 (Annexure-3) the Management intimated her that the Bank had decided to appoint her as a Messenger in its Naya Bazar Branch, Cuttack, subject to satisfactory medical report. On 24.10.1996, the Bank issued a letter of req...
Tag this Judgment!Prafulla Kumar Rout Vs. Suguna Paultry Firm Ltd.
Court: Orissa
Decided on: Jun-29-2009
Reported in: 2009(II)OLR345
ORDERM.M. Das, J.1. Heard learned Counsel for the petitioner and the learned Counsel for the opp. party.2. This is an application under Section 407 Cr.P.C. wherein the petitioner seeks for an order to transfer I.C.C. No. 581 of 2007 pending in the Court of learned J.M.F.C, Cuttack to the Court of learned J.M.F.C, Bhadrak. According to the petitioner, the said complaint case has been filed under Section 138 of the N.I. Act. Certain cheques were issued by the petitioner in favour of opp. party as security being drawn on UCO Bank, Bhadrak. The entire transaction took place in Bhadrak Town. As a matter fact, the cheques were presented by the complainant for encashment at Bhadrak. However, just because the lawyer's notice was issued from Cuttack, the above complaint case has been filed at Cuttack and according to the learned Counsel for the petitioner, the learned Magistrate at Cuttack has no territorial jurisdiction to try the case. He draws the attention of the Court to Section 177 Cr.P.C...
Tag this Judgment!Pankaj Charan Dhal and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-29-2009
Reported in: 108(2009)CLT904
M.M. Das, J.1. Villages, namely, Raghavpur, Amrutpur, Madhupur, Nuagaon & Ratakana, were earlier under Gedma Grama Panchayat in Hatdihi Block in the district of Keonjhar. As Gedma was a large area consisting of several villages, considering the demand made by the villagers for formation of a new Grama Panchayat, the Block Development Officer, Hatadihi vide his letter dated 2.1.1996 addressed to the Sub-Collector, Anandpur recommended for formation of a new Grama Panchayat, namely, Raghavpur Grama Panchayat. The State Government vide its notification No. 20211 dated 9.11.2001 constituted Raghavpur Grama Panchayat consisting of the aforesaid five villages. Thereafter, by a corrigendum dated 12.11.2001 to the above notification, notified that in the above notification, the word 'Raghavpur' appearing in the column No. 3 be corrected & read as 'Itipur' & in column-4, after serial No. 5, the name of Itipur village be inserted as serial No. 6 with a population of 440 & the total population be...
Tag this Judgment!Gopinath Pati and anr. Vs. Jagannath Pati and ors.
Court: Orissa
Decided on: Jun-26-2009
Reported in: 108(2009)CLT374
Sanju Panda, J.1. This is an appeal under Section 39 of the Indian Arbitration Act, 1940 (hereinafter referred to as 'the Act') challenging the Order Dated 21.2.1995 passed by the Learned Civil Judge (Senior Division), Baripada in M.J.C. No. 33 of 1994 (arising out of T.S. No. 62 of 1991) setting aside the award dated 28.4.1991 filed Under Section 14(2) of the Act & dismissing the suit.2. The facts of the case as unfolded from the record are as follows: The present Appellants & Respondent No. 1 are the 3 sons of one late Baidyanath Pati of village Khanda Deula, P.S. Baisingha, district-Mayurbhanj. The family had possessed both movable & immovable properties. As there were some difficulties in joint possession of the properties, the Appellants referred the dispute to the Arbitrators in writing on 21.10.1990 & authorized them to partition their properties. After hearing the parties & on a thorough examination of the materials, the Arbitrators allotted three separate allotments to the thr...
Tag this Judgment!Bijaya Kumar Sahoo Vs. Commandant, 149 Battalion, Crpf and ors.
Court: Orissa
Decided on: Jun-26-2009
Reported in: 108(2009)CLT285
B.P. Das, J.1. The Petitioner, who was serving as a Constable (General Duty) in the Central Reserve Police Force (CRPF), has filed this Writ Petition challenging the order of his termination dated 6.1.2005 assessed by the Commandant, 149 Battalion, CRPF, Bhubaneswar, O.P. No. 1, vide Annexure-4, as well as the Order Dated 1.9.2005 passed by the Appellate authority, i.e., Inspector General of Police, E.S., CRPF, Kolkata, O.P. No. 3, vide Annexure-7, affirming the order of termination, as being illegal & arbitrary.2. Briefly stated, the case of the Petitioner is that after being successful in the written as well as physical test held for recruitment to the post of Constable (GD), he was appointed as a Constable (GD) in the CRPF by Order Dated 15.5.2003 issued by the Addl. D.I.G., CRPF Group Centre, Bnubaneswar. The Petitioner joined the service and was sent to 149 Battalion, Bhubaneswar, to undergo the basic training. He completed 9 months training in the field. During the training perio...
Tag this Judgment!Lalit Mohan Patnaik Vs. Sub-divisional Officer and ors.
Court: Orissa
Decided on: Jun-26-2009
Reported in: 108(2009)CLT333
Sanju Panda, J.1. This is an application under Article 227 of the Constitution of India filed by the Petitioner challenging the initiation of the proceeding under Section 23(1) of the Orissa Land Reforms Act (hereinafter referred to as 'the Act') by the Revenue Authorities.2. The facts of the case are as follows:The Petitioner purchased Ac.0.20 decs, of land from out of an area Ac.1.30 decs, in Plot Nos. 223, 518 & 914 under Khata No. 288 in Mouza Turanga Jungle in the then district of Dhenkanal, at present in the district of Angul, in the year 1964 from one Bihari Naik, the eldest sqn of one Mitu Naik. The vendor Bihari Naik belongs to the Scheduled Caste community. Physical possession was delivered in favour of the Petitioner following the transaction for sale of the land. Since the sale transaction & physical delivery of session of the land was completed in March, 1964, i.e., prior to enforcement of Section 22 of the Act, the vendor did not obtain any written permission from the Rev...
Tag this Judgment!Sri Nanalal Arjun Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-26-2009
Reported in: 108(2009)CLT330
Sanju Panda, J.1. The Petitioner has filed this Writ Petition under Article 227 of the Constitution of India challenging the Order Dated 11.7.2008 passed by the Learned District Judge, Khurda in FAO No. 104 of 2007 confirming the Order Dated 12.10.2007 passed by the Learned Civil Judge (Senior Division), Bhubaneswar in Interim Application No. 442 of 2007 arising out of Civil Suit No. 550 of 2007.2. The facts as unfolded in the petition are as follows:One Arjun Lodha & his sons constituted a partnership firm on 4.11.1953 in the name & style of 'M/s. Arjun Lodha'. They carry on partnership business including the business of mining. The firm applied for mining lease (iron ore) in respect of Schedule-A area. Accordingly, a lease deed was executed between the State of Orissa & the partnership firm. The partnership firm was again reconstituted on 21..10;1982.Theree.fter, as there arose some dispute between the partners of the firm, the same was referred to Arbitrator as per Clause 24 of the ...
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