Orissa Court April 2010 Judgments

Subash Chandra Kanchan and anr. Vs. Bharat Sanchar Nigam Limited and a ...

Court: Orissa

Reported in: 2010(I)OLR922

V. Gopala Gowda, C.J.1. The petitioners have filed this petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter called 'the Act' in short) seeking for appointment of an arbitrator or to constitute an arbitral Tribunal unconnected with and independent of the opposite parties to adjudicate the claims and resolve the dispute between the parties urging various facts and legal contentions.2. Relevant facts are stated for the purpose of examining and considering the claim of the petitioners herein. The petitioners herein submitted tender quotation for the execution of the work, namely, 'Construction of administrative building including water supply, sanitary installation and external services at Koraput (Orissa)' by offering tender of the value of Rs. 1,11,14,351.00 with a stipulation to commence the work immediately to complete the same within the period of 20 months as per letter No. 1124 dated 24.9.1998 of the Executive Engineer-opposite party No. 1. Even ...

Lochan Majhi. Vs. State of Orissa and ors.

Court: Orissa

1. In this writ application, the petitioner-Lochan Majhi has challenged the final order dated 30.06.2009 (Annexure-8) passed by the State Level Scrutiny Committee directing for cancellation of the caste certificate issued in favour of the petitioner describing him as Scheduled Tribe and for his removal from Government service and the consequential order dated 28.07.2009 (Annexure-9) passed by the Executive Engineer, Lower Suktel Dam Division, Bolangir terminating the service of the petitioner.2. In pursuance of direction of the Hon'ble Supreme Court in the case of Kumari Madhuri Patil and another v. Addl. Commissioner, Tribal Development and others; AIR 1995 SC 94, the State Government has constituted the State Level Scrutiny Committee for making enquiry into allegations of fraudulent social status certificate and to pass appropriate orders thereon, so also the District Level Vigilance Cell to investigate into social status claim of persons. The Zilla Adivasi Sangha in the district of ...

M/S. Subash Chandra Kanchan and anr. Vs. B.S.N.L. and anr.

Court: Orissa

1. The petitioners have filed this petition under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter called 'the Act' in short) seeking for appointment of an arbitrator or to constitute an arbitral Tribunal unconnected with and independent of the opposite parties to adjudicate the claims and resolve the dispute between the parties urging various facts and legal contentions.2. Relevant facts are stated for the purpose of examining and considering the claim of the petitioners herein. The petitioners herein submitted tender quotation for the execution of the work, namely, "Construction of administrative building including water supply, sanitary installation and external services at Koraput (Orissa)" by offering tender of the value of Rs.1,11,14,351.00 with a stipulation to commence the work immediately to complete the same within the period of 20 months as per letter No.1124 dated 24.9.1998 of the Executive Engineer-opposite party no.1.Even before execution of the ag...

Bijayalaxmi PandA. Vs. State of Orissa and anr.

Court: Orissa

1. In this revision directed against the judgment and order dated 16/26.11.2007 passed by the learned S.D.J.M., Bhubaneswar in G.R. Case No.870 of 2005/Trial No.3288 of 2005 acquitting opposite party no.2 of the charge under Section 498-A IPC, the informant (wife of opposite party no.2) has questioned the correctness of the order of acquittal and sought for interference of this Court.2. The petitioner was the informant and opposite party no.2 was the accused before the court below. The allegation of the informant was that her marriage was solemnized with opposite party no.2 on 01.06.2003 according to Hindu rites and customs. At the time of marriage, there was demand for dowry and the same was fulfilled. After a few days of the marriage, accused-opposite party no.2 demanded more money. When the informant protested, she was tortured both physically and mentally by opposite party no.2. It is alleged specifically that accused-opposite party no.2 used to assault the informant time and again...

Swapan Ghosh and ors. Vs. Cuttack Development Authority and ors.

Court: Orissa

1. In this writ application, the petitioners have prayed for issuance of direction to the opposite parties for removal/demolition of the telephone tower illegally constructed on the roof of the house situated over Plot Nos. F/401 and F/402 in Sector- 7, C.D.A., belonging to opposite party no.7.2. Admittedly, the petitioners are lessees under the Cuttack Development Authority (in short 'C.D.A.'), who have been allotted with different 'F' type plots in Sector-7, C.D.A. and have been staying with their families over those plots by constructing houses. Opposite party no.7 and his wife have also been allotted with Plot Nos. F/401 and F/402 near the house of the petitioners and the said opposite party no.7 constructed a house over those two plots. Opposite party no.7 took up construction of a telephone tower on the roof of his house unauthorisedly and apprehending danger to their life, health and property that may result from such unauthorised construction of the tower, the petitioners submi...

Deepanjali Pradhan and anr. Vs. the Controller of Examinations and anr ...

Court: Orissa

1. The petitioners appeared in the Annual +2 Arts Examination, 2008 conducted by the Council of Higher Secondary Education (for short, 'the C.H.S.E.') as ex-regular students from Panchayat Samiti College, Suguda. The result of the petitioners with all other ex-regular students of the said college was withheld. On enquiry, the petitioners ascertained that the Controller of Examinations, C.H.S.E. has withheld the result of the said students on the ground that the papers in History as well as extra optional subject, i.e. Economics were under reexamination by the review committee and they were given to understand that thereafter the result would be published. Ultimately, the result of such students including the petitioners was published on 25.7.2008 wherein they were declared failed. They were provided with memorandum of marks and they found that it was reflected therein that they have been awarded '0' marks in History and Economics papers even though they have secured better marks in al...

Sri Achyuta Charan Panda Vs. the Managing Director, Paradeep Phosphate ...

Court: Orissa

Reported in: 110(2010)CLT7

B.K. Patel, J.1. This writ application is directed against the award dated 17.3.2008 passed by Learned Presiding Officer Industrial Tribunal, Bhubaneswar (for short 'the Tribunal') in I.D. Misc. Case No. 02 of 2007 initiated on the basis of complaint filed Under Section 33A of the Industrial Disputes Act, 1947 (for short the 'Act') by the Petitioner.2. Petitioner joined as Junior Mobile Equipment Operator under Opp. Party-M/s. Paradeep Phosphates Limited (for short 'PPL'), a Government of India Undertaking, in terms of appointment letter dated 23.6.1983, which is Annexure-1 to the Writ Petition. While Petitioner was working as such, Government of India took decision to enhance the age of retirement of the employees. Accordingly, the Board of Directors of PPL took decision for enhancement of the normal age of retirement of the employees from 58 years to 60 years with effect from 27.5.1998 & office order dated 19.11.1998, which is Annexure-2 to the Writ Petition, was issued. As per the d...

Sri Parsuram Behera Vs. President, Board of Secondary Education and or ...

Court: Orissa

Reported in: 109(2010)CLT673

ORDER1. Heard. The Petitioner is an erstwhile employee of the Board of Secondary Education, Orissa. He retired from service on attaining the age of superannuation. As the date of birth of the Petitioner being 12.04.1944, he was made to retire from service on 30.04.2004 i.e. after completion of 60 years. The grievance of the Petitioner in this Writ Petition is that the authorities wrongly placing reliance on Clause 21 of the Notification dated 5.3.1997, issued by the Board of Secondary Education, Orissa, CTC, have taken a decision that the qualifying service of the Petitioner for the sake of calculation of pension is to be taken as 58 years instead of 60 years. The said decision is assailed in this Writ Petition.2. After receiving notice, Opp. Parties have entered appearance. On instruction, it is submitted that as per Regulation 3(ii) of Chapter XIII of the Board's Regulation, the age of retirement of the Officers is 60 years Further it appears, according to Regulation-6 of Chapter XII...

Kartika Kisan and ors. Vs. State of Orissa and ors.

Court: Orissa

Reported in: 2010(I)OLR947

B.N. Mahapatra, J.1. This writ petition has been filed with a prayer for quashing the order of confirmation of sale (Annexure-2), passed by the Principal Officer of the Co-operative Department in the district of Sarmbalpur and ARCS, Sambalpur Circle, under Section 103 (4) Schedule-1 of Orissa Co-operative Societies Act, 1962 (Orissa Act II of 1963)(in short, the 'O.C.S. Act') in E.P. No. 674/1999-2000 and the entire proceedings taken by the opposite parties in connection with the said order.2. The facts and circumstances giving rise to the present writ petition are that opposite party No. 6, Munikisan, had availed a loan of Rs. 50,000/- from the O.P.-Bank to install a Flour Mill. The petitioners stood guarantors by mortgaging their properties described in the R.O.R. under Annexure-1. Opposite Party No. 6 could not repay the said loan as per the terms of the loan agreement. As the opposite party No. 6 defaulted to pay back the loan amount, opposite party No. 3, Asst. Registrar, Co-opera...

Zydus Pharmaceuticals Ltd. Vs. B. Raja Ram Patra

Court: Orissa

Reported in: 2010(I)OLR960

R.N. Biswal, J.1. The petitioner has challenged the order dated 27.04.2009 passed by the learned Civil Judge (Senior Division), 1st Court, Cuttack in C.S. No. 127 of 2006, wherein he rejected the petition filed under Order-14, Rule-2 (2)(a) read with Section 21 of C.P.C., by the petitioner.2. Opp. party as plaintiff filed the aforesaid suit against the defendant claiming Rs. 70,86,338.54/- with interest. As per his case, he was dealing in electronic goods at Visakhapatnam. Cadila Health Care Ltd., a private company which was manufacturing and marketing pharmaceuticals, cosmetic and other products, appointed the plaintiff as their Clearing and Forwarding Agent for the State of Orissa by opening their office at Cuttack. An agreement was executed between the parties to that effect on 01.02.1999. Accordingly, the plaintiff started its establishment at Cuttack by taking a godown-cum-office on rent and appointing two employees. Subsequently, the aforesaid company bifurcated its business by f...