Orissa Court September 2009 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Janpath Khudra Byabasai Sangha and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-11-2009
Reported in: 108(2009)CLT537
B.N. Mahapatra, J.1. Petitioner No. 1-Janapath Khudra Byabasai Sangha (hereinafter called, 'the Society') along with its office-bearers has filed this Writ Petition seeking directions to Opposite Parties to rehabilitate the members of the Society by providing them adequate space for vending zones and/or kiosks as per the norms prescribed under the National Policy on Urban Street Vendors vide Annexure-2.2. The brief facts leading to the present Writ Petition are that Petitioner No. 1 is a registered society formed by the street vendors/ hawkers who have been doing their business for years together beside the road in temporary shops of Janpath at Bapuji Nagar and earning their livelihood. According to the Petitioners, they have been paying licence fees regularly for the purpose to the Bhubaneswar Municipal Corporation (for short 'the Corporation'). In spite of the same, the members of the Society have been evicted from the said place by the Corporation with the assurance to settle them b...
Sankar Das Vs. Paradeep Phosphates Ltd. and anr.
Court: Orissa
Decided on: Sep-11-2009
Reported in: 2009(II)OLR790
B.N. Mahapatra, J.1. This Review Petition has been filed by the petitioner with a prayer to modify the order dated 17.03.2009 passed in W.A. No. 97 of 2008 by deleting the observation portion with regard to restart the inquiry from the point it stood vitiated.2. The grounds of challenge are as under:(A) The Division Bench of this Hon'ble Court while deciding the W.A. No. 97/08 filed by the Management when did not interfere with the orders of Courts below should not have given the option to the Management to restart the enquiry from where it is vitiated;(B) While deciding the W.A. 97/08 this Hon'ble Court instead of giving direction of reinstatement has given liberty to the Management to start the enquiry;(C) The Hon'ble High court has no jurisdiction to interfere with the findings of the Presiding Officer, Industrial Tribunal, Bhubaneswar;(D) This Hon'ble Court while deciding the W.A. 97/08 filed by the Management should have directed the appellant to reinstate the petitioners as the f...
Indian Farmers Fertilizer Co-operative Limited and anr. Vs. State of O ...
Court: Orissa
Decided on: Sep-10-2009
Reported in: 2009(II)OLR772
ORDERB.K. Patel, J.1. Learned Counsel for the petitioners, learned Counsel for the opposite party No. 2-workmen and learned Counsel for the State are present.2. On consent, the matter is taken up for final disposal.3. Heard.4. In this writ application the petitioners assail the legality of the order dated 15.12.2008 passed by learned Presiding Officer, Industrial Tribunal, Bhubaneswar in I.D. Case No. 2 of 2006, copy of which is at Annexure-9 to the writ application, impleading the petitioners in the proceeding as successor-in-interest of the erstwhile management of opposite party No. 3 M/s. Oswal Chemicals and Fertilizers Limited, Paradip and the legality of schedule of reference under Order No. 1121 dated 6.2.2006 of Government of Orissa, in the Labour and Employment Department, copy of which is at Annexure-5 to the writ application.5. I.D. Case No. 2 of 2006 was initiated to adjudicate reference under the Order at Annexure-5 which was passed in supersession of earlier Order No. 8737...
Dillip Kumar Rout Vs. Arun Kumar Sinha
Court: Orissa
Decided on: Sep-10-2009
Reported in: 2009(II)OLR648
ORDERR.N. Biswal, J.1. The petitioner called in question the adverse remarks passed by the learned S.D.J.M. Panposh at Rourkela in 2 (C) CC Case No. 29 of 2006 being unwarranted and uncalled for.2. Heard learned Counsel for the parties.3. The facts giving rise to filing of the writ petition is that on 5.10.2005 at about 9.30 A.M., the petitioner, who was working as Asst. Director/ Inspector of Factories and Boilers Rourkela Zone-ll inspected M/s. Delhi Coach Body Builders situated at Rourkela in presence of the owner thereof and found that the factory was running with the aid of 14 persons and 7.5 KW electricity power without obtaining any factory license as required under law. The shed with equipments was being used as a factory, without obtaining prior approval of plan. Since the opp. party refused to comply with the same, notice was sent to him by Regd. Post with A.D. on 11.11.2005 directing him to furnish documents, as per the list therein for grant of registration within 15 days. ...
Parsuram Agarwala, Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-08-2009
Reported in: 2009(II)OLR738
M.M. Das, J.1. As all the aforesaid writ petitions arise out of the same facts and involve same question all the three writ petitions are being disposed of by this common judgment.2. The petitioner in W.P.(C) No. 15362 of 2008 challenges the legality of the letter dated 13.10.2008 under Annexure-5 to the writ petition by which the opp. Party No. 2 Managing Director of the Orissa State Civil Supplies Corporation Ltd. (for short, 'the Corporation') enclosing the list of selected candidates for being appointed as Storage Agents for different blocks and Urban Local Bodies intimated the Collector, Kalahandi to call upon such selected candidates for execution of necessary agreements so as to function as Storage Agents in the respective places. The petitioner was appointed as a. Storage agent for the financial year 2005-06 and continued as such till 31.10.2006.3. An advertisement was published in the local Oriya dailies inviting applications from intending persons/Cooperative Organizations/ S...
Jr. Engineer/Manager, Nesco Ltd., Electrical Section and Two ors. Vs. ...
Court: Orissa
Decided on: Sep-08-2009
Reported in: 108(2009)CLT826; 2009(II)OLR726
ORDERB.K. Patel, J.1. Learned Counsel for the petitioner is present.2. Heard.3. In this writ application the petitioners have assailed the legality of the order/award dated 28.07.2009 passed by learned Commissioner for Workmen's Compensation-Cum-Assistant Labour Commissioner, Cuttack in W.C. Case No. 211-D/2009, a proceeding for compensation under Workmen's Compensation Act (for short 'the Act').4. It is submitted by the learned Counsel for the petitioners that on receipt of application for compensation of Rs. 10,00,000/- submitted by the opposite parties the learned Commissioner proceeded ex parte without issuance of notices to the petitioners, exempteo the opposite parties from payment of court fees, allowed their application for condonation of delay and held that the petitioners are liable to pay to the opposite parties award amount of Rs. 3,32,580/- on account of death of deceased Muzubir Raheman due to injuries sustained in an accident arising out of and in course of his employmen...
Budai @ Bhagaban Murmu and anr. Vs. State of Orissa
Court: Orissa
Decided on: Sep-07-2009
Reported in: 2009(II)OLR851
S.C. Parija, J.1. This Criminal Appeal is directed against the judgment 31.08.2004 passed by Shri J.K. Dash, Adhoc Addl. Sessions Judge, Fast Track Court, Baripada, in S.T. Case No. 23/94 of 2004, holding both the appellants guilty of offences under Sections 376(2)(g)/302/34 IPC and convicting them thereunder.2. The prosecution case, as it reveals from the FIR dated 18.11.2003, is that one Samar Hansda (P.W.1) filed a written report before the Baisingha P.S., which was registered as U.D. Case No. 12 of 2003 and the ASI of Police, Baisingha P.S. (P.W.10) was entrusted to enquire into the matter. As per the written report of P.W.1, on 17.11.2003, in the after noon, his sister Sitamani Hembrem had gone to the house of Sukul Hembrem (P.W.4) for observing Prathamastami festival but she did not return and on the next day, her dead body was recovered from the paddy field near village Purusottampur. P.W.IOduring his enquiry ascertained that both deceased Sitamani and Sukul had frequent access ...
Narayan Granites Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-07-2009
Reported in: 108(2009)CLT798
B.P. Das, J. 1. This Writ Petition has been filed with a prayer to quash the letter dated 6.9.2005 issued by the Under Secretary to Government of Orissa in the Department of Steel & Mines-Opposite Party No. 2, under Annexure-5 & to direct Opposite Parties 1 to 3 to grant quarry lease over an area of 15.443 hects. in respect of the Petitioner's application dated 28.10.2004. Prayer has also been made to quash the Order Dated 3.4.2006 passed by the State Government in Annexure-6 granting quarry lease in favour of Opposite Party No. 4 for the aforesaid area so also the lease deed executed with Opposite Party No. 4.2. Notice in this case was issued on 28.9.2005 & on the same day, this Court passed an interim order in Misc. Case No. 12229 of 2005 directing that the lease in favour of Opposite Party No. 4 might be executed but the same should not be allowed to be operated till the next date. Thereafter, hearing of the case was concluded on 27.10.2006 & Judgment was reserved. The matter was th...
Mani Vyapar Private Ltd. Vs. Sanwaria Steel Private Limited and anr.
Court: Orissa
Decided on: Sep-03-2009
Reported in: 108(2009)CLT814; 2009(II)OLR785
Sanju Panda, J.1. In this writ application challenge has been made to the order dated 5.12.2007 passed by the learned District Judge, Keorrjhar in F.A.O. No. 23 of 2007 setting aside the order dated 13.9.2007 passed by the learned Civil Judge (Senior Division), Champua in C.M.A. No. 6 of 2007 arising out of Civil Suit No. 6 of 2007 allowing an application under Order 39, Rules 1 and 2 of the Civil Procedure Code.2. The brief facts of the case are as follows:The present petitioner as plaintiff filed the suit against the opposite parties-defendants for restoration of the suit Crusher Unit by way of mandatory injunction, award of cost of the suit and other relief which the plaintiff was entitled to. In the plaint, the plaintiff pleaded that he was a licensee under the opposite parties-defendants in respect of the suit Crusher Unit and to that effect on 8.2.2006, an agreement was executed. The same was amended and extended on 31.8.2008 and was valid up to 31.9.2007. Accordingly, he operate...
Sri Nilakantha Rath Vs. Indian Oil Corporation Limited and ors.
Court: Orissa
Decided on: Sep-03-2009
Reported in: 108(2009)CLT638
Sanju Panda, J.1. Challenge has been made in this Writ Petition to the notice dated 8th February. 2008 issued by the Senior Divisional Retail Sales Manager, Indian Oil Corporation Limited terminating the dealership agreement dated 27.3.2007 executed between the Petitioner & the Opposite Parties for running the retail outlet at Gundi Chhak Konark, Puri.2. The facts, as narrated in a nutshell are as follows:The Petitioner approached Opposite Parties in response to an advertisement for opening of the retail outlet at Gundi Chhak, Konark, Puri. His application was allowed by the Indian Oil Corporation. He executed an agreement with the Opposite Parties on 31.3.1999 leasing the land in favour of the Opposite Parties. It may be noted here that the land on which the retail outlet was going to be opened was in the name of the wife of the Petitioner. After opening of the retail outlet by the Petitioner, petroleum products were distributed to the local people. Said business was continuing till 2...
- ‹ Prev
- 1
- 3
- Next ›
- Last »