Orissa Court August 2009 Judgments
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Prahallad Agarwalla Vs. Bijay Shankar Chandgotia
Court: Orissa
Decided on: Aug-17-2009
Reported in: 108(2009)CLT818; 2009(II)OLR799
Sanju Panda, J.1. In this writ application, challenge has been made to the order dated 17.4.2008 passed by the learned Civil Judge (Senior Division), Rairangpur in Civil Suit No. 33 of 2005 allowing the application filed by the present opposite party-plaintiff under Order 18, Rule 3 of the Civil Procedure Code.2. The opposite party-plaintiff filed the suit for eviction of the petitioner-defendant on the basis of relationship that he was the landlord and the defendant was the tenant. He also prayed for realisation of the arrear rent and damages, The present petitioner-defendant filed his written statement traversing the plaint allegation and also denied the relationship of land-lord and tenant between them and claimed that the suit property has been allotted to his mother-Panadevi. He constructed the suit house with the help of the plaintiff from time to time. Further, he stated that 'there was a Government land near the suit house where the plaintiff has constructed a room and requeste...
Dusasan Panda and 3 ors. Vs. State of Orissa
Court: Orissa
Decided on: Aug-17-2009
Reported in: 108(2009)CLT884
A.S. Naidu, J.1. The Appellants seek to assail the Judgment & order of conviction dated 1st March, 1996 passed by Learned Addl. Sessions Judge, Balasore in S.T. Case No. 19/52 of 1994 convicting them for commission of offences under. Sections 302, 201/34, IPC & sentencing each of them to undergo rigorous imprisonment for life under Section 302/34, IPC & further imprisonment of two years for the offence under Section 201/34, IPC. The sentences were directed to run concurrently.2. Sajani Naik (P.W.15) lodged an F I.R. at Simulia Police Station on 5th August, 1993 alleging that on 3rd August, 1993 her son Rajendra was assaulted by the accused Bhaskar Naik in a meeting convened in the village on the ground that he had assaulted the mother of Dasarathi Naik. It is alleged that on account of previous enmity arising out of land disputes, accused Bhaskar assaulted her son, making false allegations against him, though he was innocent. In the meeting he had also threatened to kill Rajendra. On t...
Mahindra and Mahindra Financial Services Ltd. and ors. Vs. Smt. Swarna ...
Court: Orissa
Decided on: Aug-17-2009
Reported in: 109(2010)CLT89
Sanju Panda, J.1. This is an application under Article 227 of the Constitution of India. Challenge has been made in this Writ Petition to the Order Dated 1.2.2007 passed by the Learned Civil Judge (Senior Division), Bargarh in Civil Suit No. 57 of 2006 rejecting the application filed by the Defendants Under Section 8 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act').2. The facts, as narrated in the writ application, are as follows:The present Opposite Party as Plaintiff filed the Civil Suit No. 57 of 2006 for damages & other consequential relief, i.e., to the tune of Rs. 4,12,381 (rupees four lakhs twelve thousand three hundred eighty one) as per Schedule-A & recovery of documents prescribed in Schedule-B of the plaint from the Defendants. The Plaintiff specifically stated in the plaint that Defendant No. 4 is a Company registered under the Companies Act & running financial business in the name & style of Mahindra & Mahindra Financial Services Limited. ...
Dukhabandhu Sahoo Vs. Anant Charan Naik and State
Court: Orissa
Decided on: Aug-17-2009
Reported in: 2009CriLJ4626
ORDERB.P. Ray, J.1. This is an application under Section 482 of the Code of Criminal Procedure (in short, 'Cr. P.C.') filed by the petitioner with a prayer to quash the order of cognizance dated 18-6-2002 passed by learned S.D.J.M. Athamallik in I.C.C. No. 51 of 2001. Learned S.D.J.M. vide the impugned order has taken cognizance of the offences under Sections 408/427/506 of the Indian Penal Code (in short, 'I.P.C.') and issued process against the petitioner.2. The facts relevant for disposal of the petition are as follows:The opp. party No. 1, a Sanitary Inspector under the Govt. of Orissa in the Health Department superannuated from his service on 31-5-1998, while working under the Sub-Divisional Medical Officer (in short, 'S.D.M.O.'), Athamallik. The petitioner by then was working as a Senior Assistant in the Office of the said S.D.M.O., Athamallik and was in-charge of preparation of pension papers of the staff working in the said Office. It is the case of opp. party No. 1 that though...
Sarat Chandra Mukhi Vs. Sri Mohan Naik and ors.
Court: Orissa
Decided on: Aug-17-2009
Reported in: 109(2010)CLT1
Pradip Mohanty, J. 1. In this writ application, the Petitioner challenges the legality & propriety of the Order Dated 07.01.2009 passed by the Learned District Judge-cum-Election Tribunal, Dhenkanal & Angul in Election Misc. Case No. 193 of 2008 rejecting his petition filed Under Section 24 of the C.P.C. r/w Section 5(2) of Orissa Civil Courts Act, 1994 to transfer the said election case to the Court of Addl. District Judge, Angul.2. The fact of the case in brief is that the Petitioner was duly elected as Councilor of Ward No. 6 under the Angul Municipality in the year 2008. Opposite Party No. 1 challenged the said election of the Petitioner by filing a petition Under Section 19 of the Orissa Municipal Act, 1950 registered as Election Petition No. 193 of 2008. The Petitioner entered appearance & filed a petition Under Section 24 of the C.P.C. for transfer of the said election case to the Court of Addl. District Judge, Angul on the grounds stated therein. The Learned District Judge afte...
Nalinikanta Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-12-2009
Reported in: 108(2009)CLT477
B.N. Mahapatra, J.1. The Petitioner challenges the legality of the order dated 24.07.2007 (Annexure-12) passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack (for short 'the Tribunal') in O.A. No. 1034(C) of 2003 by which the Tribunal has declined to interfere with the Order Dated 27.01.2003 passed by the Government in the Department of Water Resources directing the Petitioner to retain the quarters No. D/10 located in M.I. Colony, Unit-IX, Bhubaneswar till 30.06.2003 on payment of market rent.2. The facts & circumstances giving rise to the present case are that the Petitioner is a government servant working as Junior Engineer in the Department of Minor Irrigation. While working as such under Minor Irrigation Division, Bhubaneswar at Khurda, he was allotted with quarters No. D/10 located in M.I. Colony, Unit-IX, Bhubaneswar. Vide deployment Order Dated 28.02.2002 (Annexure-3) the Petitioner had been directed to be deployed as Junior Engineer against vacancy in M.I. Secti...
Tor Steel Research Foundation in India Vs. the State of Orissa and ors ...
Court: Orissa
Decided on: Aug-12-2009
Reported in: 2009(II)OLR617
I.M. Quddusi, A.C.J.1. By means of this writ petition, the petitioner Tor Steel Research Foundation in India (in short, TRFI) which established Orissa Sponge Iron and Steel Limited (in short, OSIL) in collaboration with the Industrial Promotion and Investment Corporation of Orissa Limited (IPICOL) which is a wholly State-owned Government of Orissa Undertaking has sought the relief for restraining IPICOL-Opposite party No. 2 from illegal and fraudulent selling, transferring and handing over of their shareholdings in OSIL to any person, party or agency except in accordance with the Articles of Association of the Company.2. Ordinarily this Court does not interfere with the selling or purchasing of shares but as the petitioner and opposite party No. 2 (IPICOL) are the founder shareholders of the OSIL by entering into an agreement between them for establishing the Company and consented for registration of Memorandum and Articles of Association of the Company OSIL which is binding on both pa...
Metal Engineering and Treatment Co. Pvt. Ltd. (METCO) Vs. Commissioner ...
Court: Orissa
Decided on: Aug-11-2009
Reported in: 109(2010)CLT100
B.K. Patel, J.1. In this writ application filed under Articles 226 & 227 of the Constitution of India the Petitioner seeks to quash the Order Dated 8.1.2007 passed by the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Cuttack in W.C. Case No. 325-D of 2005, instituted by the Opposite Party No. 2-workman under the Workmen's Compensation Act, (for short, 'the W.C. Act').2. Petitioner's case in brief is that the Petitioner is a private limited company registered under the Companies Act, 1956 & engaged in execution of works under contract in the establishment of the principal employer M/s Utkal ., Choudwar (for short, 'the UMSL') The Opposite Party No. 2 while working in the establishment of the Petitioner sustained injuries on 1.9.2005 for which he was treated at the expenses of the Petitioner. Though the Opposite Party No. 2 did not report for work since the month of October, 2005, he filed W.C. Case No. 325-D of 2005 for compensation. On receipt of notices, t...
Shalimar Chemical Works Ltd. Vs. State of Orrisa and ors.
Court: Orissa
Decided on: Aug-10-2009
Reported in: 108(2009)CLT809; 2009(II)OLR748
B.P. Das, J.1. The petitioner has filed the aforesaid two writ petitions. W.P. (C) No. 9356 of 2006 has been filed seeking to challenge a letter dated 5.8.2005 (Annexure-4) issued by the Sales Tax Officer, Cuttack 1 Central Circle, Cuttack to the petitioner informing him that 'coconut oil' is liable to be taxed @ 12.5% VAT on sale price, as well as the revisional order passed by the Special Additional Commissioner of Sales Tax Central Zone Cuttack in Revision Case No. CUI-272/05-06 (Annexure-5), affirming the view taken by the Sales Tax Officer, Cuttack.2. In W.P.(C) No. 15482 of 2007, the petitioner has challenged the validity of the Notification dated 31.5.2007 by which amendment of entry Serial No. 47 of Part-II of Schedule-B to the Orissa Value Added Tax Act, 2004 (in short 'OVAT Act') as well as insertion of an explanation to entry Serial No. 125 of Part-ll, Schedule-B to the Orissa Value Added Tax Act, 2004 has been challenged.3. Mr. Pati, learned Counsel appearing for the petiti...
State of Orissa Vs. Tulu Dalabehera @ Pradipa Kumar Indrajit
Court: Orissa
Decided on: Aug-10-2009
Reported in: 109(2010)CLT136
A.S. Naidu, J.1. The Judgment dated 13th June, 1997 passed by Learned Addl. Sessions Judge, Khurda, acquitting the accused from the charges under Sections 457 & 302 of the Indian Penal Code in S.T. Case No. 31/191 of 1996 is assailed by the State of Orissa in this Government Appeal.2. The prosecution case in short is that one Bhagyadhar Sahu (P.W.1) had a rice Mill in village Kuhudi. Kailash Bhujabala (the deceased) was working as an operator in the said rice Mill. He used to sleep in the rice Mill every night. His brother received information that the Respondent had assaulted Kailash Bhujabala (the deceased) on his head on the night of 22nd/23rd November, 1995 thereby causing bleeding injuries. Hearing the said news Golakha Bhujabal (the informant) went to the Mill premises & found his brother lying in a pool of blood with a head injury. On enquiry Kailash Bhujabala told the informant that the Respondent had caused the injuries. Thereafter, Kailash Bhujabala was shifted to Tangi Hospi...
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