Orissa Court January 2010 Judgments

Mr. M.S. Tiwari Vs. Green Waves Pvt. Ltd.

Court: Orissa

Reported in: 2010(I)OLR573

ORDERI. Mahanty, J.1. Heard Mr. D. K. Mohanty, learned Counsel for the petitioner and Mr. S. P. Mishra, learned senior counsel for the Opposite Party.2. The petitioner in this application under Section 482 Cr.P.C. has sought to challenge the order dated 20.12.2000 passed by the learned J.M.F.C, Bhubaneswar in I.C.C. No. 1850 of 2003 taking cognizance against the petitioner for the offence under Section 138 N.I. Act.3. Sri Mohanty, learned Counsel for the petitioner, inter alia, contends that learned S.D.J.M., Bhubaneswar took cognizance even though the complaint was filed beyond the period of limitation prescribed under Section 142 of the N.I. Act. He further states that whereas the petitioner received notice from the opposite party on 26.8.2003, the cause of action starts from 11.9.2003 and the complaint was filed on 13.10.2003. Accordingly, learned Counsel for the petitioner asserts that the complainant has filed the complaint case beyond the limitation period of one month from the d...

Maheswar Mishra Vs. State of Orissa and anr.

Court: Orissa

Reported in: 2010(I)OLR997

S.K. Mishra, J.1. The petitioner assails the order of the learned S.D.J.M. (Sadar), Cuttack in 1CC No. 127 dated 09.02.2007 taking cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act' for brevity) and issuing processes against him.2. The opposite party, i.e. the complainant before the learned lower Court, is the Proprietor/Owner of M/s. M.S. Fabricator and Coach Builder, Link Road, Cuttack. It is alleged that the accused is the owner of the Buses named and styled, 'Laxmi', bearing Registration No. OR-05-H-5265, and 'Great India' bearing Registration No. OR-02-J-6336 as well as the Proprietor of Bharati Construction. The accused, the present petitioner, allegedly requested the complainant to repair the body of the aforementioned buses, for an estimated cost of Rs. 4,99,611/-. The accused has paid Rs. 4,35,000/- prior to final settlement of the cost of the repair. As such, the accused had to pay a sum of Rs. 59,611/-. O...

Maheswar MishrA. Vs. State of Orissa and anr.

Court: Orissa

1. The petitioner assails the order of the learned S.D.J.M.(Sadar), Cuttack in 1CC No.127 of 2007 dated 09.02.2007 taking cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881(hereinafter referred to as the 'Act' for brevity) and issuing processes against him.2. The opposite party, i.e. the complainant before the learned lower court, is the Proprietor/Owner of M/s M.S. Fabricator and Coach Builder, Link Road, Cuttack. It is alleged that the accused is the owner of the Buses named and styled, "Laxmi", bearing Registration No.0R-05-H-5265, and "Great India" bearing Registration No.0R-02-J-6336 as well as the Proprietor of Bharati Construction. The accused, the present petitioner, allegedly requested the complainant to repair the body of the aforementioned buses, for an estimated cost of Rs. 4,99,611/-. The accused has paid Rs.4,35,000/- prior to final settlement of the cost of the repair. As such, the accused had to pay a sum of Rs. 59,611/-. On 31.12.2006, ...

Bhubaneswar Development Authority represented through Its Secretary Sh ...

Court: Orissa

Reported in: 109(2010)CLT650

M.M. Das, J.1. The Management - Bhubaneswar Development Authority is the Petitioner in this Writ Petition. It has challenged the award dated 30.12.2004 passed by the Presiding Officer, Labour Court, Bhubaneswar in I.D. Case No. 74 of 2003. A reference was made Under Sections 10 & 12 of the Industrial Disputes Act, 1947, which reads as follows:Whether the action of the management of Bhubaneswar Development Authority, Bhubaneswar in not regularizing the services of 113 numbers of N.M.R/D.L.R/Ad hoc workmen (list enclosed) is legal & or justified? If not, what relief they are entitled 2. It was the case of the workmen that they were engaged in Class-Ill & IV jobs by the Management-Petitioner & by rendering continuous & uninterrupted services for near about 10 to 15 years, as the services of the workmen were not regularized, an industrial dispute was raised. On failure of conciliation & submission of failure report, a reference was made by the Government which was registered as I.D. Case N...

Sri Saroj Kumar Panda Vs. State of Orissa

Court: Orissa

Reported in: 2010(I)OLR498

M.M. Das, J.1. This application under Section 482 Cr.P.C. has been filed by the petitioner, who is the Proprietor of J.K. Printers, for quashing the order of cognizance dated 26.7.2002 passed by the learned Special Judge (Vigilance), Bhubaneswar in T.R. Case No. 54 of 2002, against him.2. The prosecution case in brief is that the accused No. 1 - Hrusikesh Mallick is the Ex-Secretary of Children's Literature Committee, Bhubaneswar and is a public servant. He showed undue favour to the accused No. 2 (petitioner herein) by entrusting him to publish 24 Nos. of manuscripts of selected writings of eminent writers of the State to be supplied to 12760 numbers of primary schools of the State. The accused No. 1 entered into an agreement with the accused No. 2 (petitioner) on 28.11.1992 for printing the above books. The petitioner was supplied with papers worth Rs. 8,09,424/- and required amount towards printing charges and other expenses total in to Rs. 20,80,151/- (including cost of paper). The...

Board of Secondary Education, Represented Through Its Secretary Vs. Ma ...

Court: Orissa

Reported in: 109(2010)CLT393

ORDERM.M. Das, J.1. Though this matter was not there in the today's list, but as it is connected to CONTC No. 2335 of 2009, which was on board, the record was called for & this matter is taken up.2. This review petition has been filed seeking review of the Order Dated 1.9.2009 passed in W.P. (C) No. 13778 of 2008. By the said order, this Court on taking into consideration the facts of the case & on perusal of the annexures made to the respective pleadings of the parties & also after hearing the Learned Counsel for both the parties directed that the Board of Secondary Education, Orissa, Cuttack shall correct the date of birth of the Petitioner from '5.11.1952' to '5.1.1957' in his HSC Examination certificate granted to him in the year 1973 & issue a corrected certificate within a period of three weeks from the date of production of a certified copy of the said order before the Secretary.3. Dr. A.K. Rath, Learned Counsel for the review Petitioner submits that where hearing the Writ Petit...

Lingaraj Real Estates and Developers (P) Ltd. Vs. State of Orissa and ...

Court: Orissa

Reported in: 2010(I)OLR439

S.K. Mishra, J.1. Accused in I.C.C. No. 2504 of 2005 assails the order passed by the learned J.M.F.C, Bhubaneswar on 14.01.2008. In that case, his petition for dispensing with recording of statement under Section 313 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code') has been rejected. The opposite party has initiated a complaint case against the present petitioner for the alleged offence under Section 138 of the Negotiable Instruments Act, 1881. The accused was summoned. He filed application under Section 205 of the Code, which was allowed. The petitioner's attendance was dispensed with and he was allowed to be represented through a counsel. Then, after closure of the prosecution evidence, the case was posted for accused statement. On 30.10.2007, learned Counsel for the accused filed an application to dispense with the recording of accused statement under Section 313 of the Code, by resorting to the proviso to Sub-section (1). The learned J.M.F.C. rejected th...

Sama Kirsani. Vs. State of OrissA.

Court: Orissa

1. The appellant has assailed the judgment and order dated 19.07.1999 passed by the learned Additional Sessions Judge, Malkangiri in S.C. No. 16 of 1999 (S.C. No.278 of 1996 of the Sessions Judge, Koraput- Jeypore) convicting him under Section 302 I.P.C. and sentencing him to undergo rigorous imprisonment for life.2. The case of the prosecution is that on 25.05.1996 at about 10.00 A.M. deceased Mangala Kirsani and the accused-appellant quarreled with each other over the doors of their house. The deceased told to the present appellant that he has share in the doors and saying so he took the outer door of their house. When he came back to take the other door, the accused-appellant wanted to kill him by arrow. At that juncture, Lachhimi Chalan P.W.5 arrived and took the bow and arrow from the accused- appellant. But accused-appellant stabbed the deceased on his chest by a knife and P.W.5 out of fear left the place. Thereafter, Soma Sisa P.W.4 came and requested the appellant not to assaul...

Nilachal Hota Vs. the Chief Security Commissioner of R.P.F., Eastern R ...

Court: Orissa

Reported in: 109(2010)CLT238

A.S. Naidu, J.1. Heard Mr. S.K. Das, Learned Counsel for the Petitioner & Mr. Bidyadhar Mishra, Learned Counsel appearing for Opposite Party No. 2.2. The Order Dated 19.6.1997 passed by the Director General, R.P.F., Railway Board (Annexure-4) rejecting the representation filed by the Petitioner is assailed in this writ application.3. Bereft of unnecessary details, the short facts, which are necessary for appreciating the inter se disputes are as follows:The Petitioner after facing rigorous recruitment test was selected & appointed as Sub-Inspector, R.P.F (Executive) under the South-Eastern Railway & he joined as a trainee on 15.31976. Being satisfied with his performance, he was regularly appointed with effect from 15.31977 after completion of the training. In the year 1978 he became an accused in a criminal case, which was investigated by the Central Bureau of Investigation (CBI). It was alleged that he had committed an offence under the Indian Penal Code as well as Prevention of Corr...

Aditya Pratap Dhal Vs. State of Orissa and ors.

Court: Orissa

Reported in: 109(2010)CLT812

A.S. Naidu, J.1. Petitioner is working as a Lecturer in Baya Abadhut Mohavidyalaya, Kanimul in the district of Jagatsinghpur. He was appointed against the 1st post in Oriya on 29.7.1987. The Petitioner has approached the portals of this Court being aggrieved by the Order Dated 13.7.1998 (Annexure-3) passed by the Director, Higher Education rejecting the proposal sent by the Principal-in-charge of the aforesaid institution requesting to approve his appointment & for sanction of grant-in-aid, mainly on the ground that he had not secured 2nd Class Honours with minimum 45% of marks in the aggregate at the Degree Examination as per the resolution of the Government dated 13.9.1983.2. Baya Abadhut Mohavidyalaya, Kanimul was established in the year 1986-87 & received concurrence from the Government during the academic session 1988-89 as a Junior College having +2 wings in Arts stream. The college also got affiliation from the Council of Higher Secondary Education during the same academic sessi...