Orissa Court May 2010 Judgments
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Gouranga Khandual and anr. Vs. State of Orissa Respondent.
Court: Orissa
Decided on: May-22-2010
1. There are two appellants in this appeal, namely, Gouranga and Dasha. They have been convicted under Section 302/34 I.P.C. by the learned Ist Additional Sessions Judge, Puri and sentenced to undergo imprisonment for life in S.T. Case No. 18/89 of 1992.2. The brief fact of the case is that the informant and his deceased brother Krushna had gone to their land for the purpose of harvesting paddy on 12.11.1991. Having harvested paddy, the informant proceeded ahead of his deceased brother. While they were passing through the land of one Laxman Parida, the deceased raised hue and cry 'HANI DELA HANI DELA'. When the informant looked back, he saw appellant- Gouranga dealing blows to his brother by means of a tangia and his brother appellant Dasha was standing near by and exhorting him to slay the deceased. When the informant rushed towards the deceased, the accused persons/appellants fled away from the spot. Soon thereafter, P.W.4, P.W.7, Daru Parida, Kasinath Swain and others came running t...
Mahammed Saud and anr. Vs. Dr.(Maj) Shaikh Mahafooz and ors.
Court: Orissa
Decided on: May-22-2010
1. This writ appeal is directed against the order dated 3.7.2009 passed by the learned Single Judge in Misc.Case No.397 of 2009 arising out of F.A.O.No.386 of 2007.2. Learned counsel for the respondents raised a preliminary objection with regard to maintainability of the appeal. In order to determine the question as to whether this appeal is maintainable or not, it is necessary to look into the facts leading to filing of this appeal.3. F.A.O.No.386 of 2007 had been filed before this Court challenging the order dated 9.9.2005 passed by the learned Ad hoc Additional District Judge, F.T.C.No.3, Bhubaneswar in Interim Application No.12 of 2005 arising out of C.S.No.492 of 2004 rejecting the application filed by the present respondents for appointment of receiver under Order 40, Rule 1 of the Code of Civil Procedure and directing both parties to maintain detailed accounts of the suit property and produce the same in future, if required by the Court. The learned Single Judge disposed of the ...
Paradeep Port Trust. Vs. Controlling Authority and ors.
Court: Orissa
Decided on: May-22-2010
1. The short question that arises for determination in this writ petition is whether the Paradeep Port Trust, a Major Port is governed by the Payment of Gratuity Act, 1972, hereinafter referred to as 'the Act' for brevity.2. Some of the retired employees of the petitioner-trust, i.e. Paradeep Port Trust have filed several petitions before the Controlling Authority, i.e. opposite party no.1 for payment of differential amount of gratuity under the Act' and seeking various other relief under the Act. On the basis of such applications, the Controlling Authority issued notice to the petitioner-trust directing it to show-cause why relief sought under the Gratuity Act shall not be granted to the employees. Petitioner preferred a writ petition bearing no.8957 of 2005 seeking to quash the notices issued by the Controlling Authority on the plea of lack of jurisdiction.3. Petitioner claimed that it being a 'Major Port' is not coming under the applicability of the Gratuity Act as the relevant Sect...
Anil Kumar MohapatrA. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-21-2010
1. The petitioner, who is an elected member of the Zilla Parishad, Balasore, has filed this writ petition for a declaration that opposite party Nos.6 and 7 who had been elected as President and Vice-President have ceased to hold office in such capacity having not taken oath/affirmation as required under sub-Section (2) of Section 36 of the Orissa Zilla Parishad Act, 1991 and a further declaration that the petitioner being the number one in the panel of elected members is entitled to assume the office of the President of Zilla Parishad in terms of sub-Sections (3) and (4) of Section 9 of the said Act.2. The case of the petitioner is that the elected members of the Balasore Zilla Parishad took oath/affirmation as members of the said Zilla Parishad on 13.3.2007. The first meeting was convened for the purpose of election of President and the nomination was scheduled to be filed between 10.30 A.M. to 12.30 A.M. The nomination papers were scrutinized at 12.30 A.M. and the process for withdra...
N.Satyanarayan Rao. Vs.
Court: Orissa
Decided on: May-21-2010
1. This Criminal appeal has been filed by the appellant N.Satyanarayan Rao from Jail challenging the judgment dated 04.12.1999 passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No.4/13 of 1999 convicting the appellant under section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.2. The prosecution case, shortly stated, is that the deceased Govinda Badmali of village Sakama had come to Sonepur with his father Balabhadra Badmali (P.W.1) and some co- villagers to perform dance and seba puja in the Bali jatra in different temples at Sonepur in the month of Aswina in the year 1998. On 29.09.1998 at about 5.30 P.M., after offering 'Sandhyabati' to deity Samaleswari Devi in the temple while the deceased was standing in front of the Singhadwara of the temple, the appellant suddenly stabbed on his chest with a knife and thereafter went away from the spot. On being stabbed, the deceased shouted "AE BUA MARIGALI" and having walked a few ste...
Nayan Sundari BewA. Vs. Subash Chandra Behera and ors
Court: Orissa
Decided on: May-21-2010
1. This First Appeal arises out of the judgment and decree dated 3.10.1981 and 5.11.1981 respectively passed by the Additional Subordinate Judge, Cuttack in Title Suit No.142 of 1972.2. The plaintiff appellant-Nayana Sundari Bewa having died during pendency of the appeal has been substituted by her legal heirs, who are appellant nos.A.1/a to A.1/g. Defendant-respondent no.1 having died during pendency of this appeal, has been substituted by his legal heirs, i.e., R.1/a to R.1/i. Respondent nos.6 and 7 were expunged respectively by order no.36 dated 1.12.1989 and order no.53 dated 2.3.1989. The names of respondent nos.8 and 9 were deleted by order no.67 dated 13.1.1992. This appeal stood dismissed as against respondent no.9 vide order no.61 dated 8.4.1990.3. The present appellants 1/a to 1/g are all sons and daughters of plaintiff-Nayana Sundari Bewa, who filed the aforesaid suit bearing T.S.No.142/1972 for a declaration that D-1-Subash Chandra Behera, is not the adopted son of the plai...
Divisional Manager and ors. Vs. Sri Godabarish Badajena and anr.
Court: Orissa
Decided on: May-21-2010
1. The legality of award dated 30.3.2006 passed by learned Presiding Officer, Labour Court, Bhubaneswar (hereinafter referred to as the 'Labour Court') in I.D. Case No. 185 of 1994 holding the termination of service of opposite party no. 1-workman with effect from 1.7.1984 by the petitioner-management to be neither legal nor justified and further holding the workman to be entitled to reinstatement of service without any back wages has been assailed in this writ application.2. The impugned award was passed on receipt of the following reference from the State Government under Section 12 (5) read with Section 10(1) of the Industrial Disputes Act, 1947 (for short 'the Act') for adjudication:-"Whether the termination of services of Sri Godabarish Badajena, Mate with effect from 2.7.84 by the management of Divisional Manager, O.F.D.C.Ltd., Boudh Commercial Division, Boudh is legal and/or justified? If not to what relief Sri Badajena is entitled?3. Opposite party no. 1 was engaged in the esta...
M/S. Orissa Power Generation. Vs. Labour Commissioner, Bbsr and anr.
Court: Orissa
Decided on: May-19-2010
1. Since both the writ applications relate to the common/similar orders passed under Section 33(2)(b) of the Industrial Dispute Act, against two different employees, namely, Radheshyam Barik (O.P. No.2 in W.P.(C) No.14248 of 2008) and Sri Akrura Dhurua (O.P. No.2 in W.P.(C) No.14249 of 2008), the same were heard together and are being disposed of by this common judgment.2. M/s Orissa Power Generation Corporation Ltd. (Petitioner in both the cases) has sought to challenge the order dated 10.9.2008 passed by the Conciliation Officer-Cum- Assistant Labour Commissioner (Opposite Party No.1) rejecting the application dated 21.6.2007 filed by the petitioner-company under Section 33(2)(b) of the Industrial Disputes Act, 1947 (in short 'the Act') in which, prayer has been made for approval of their action in awarding punishment of dismissal against Opposite Party No.2 in both the cases.3. Learned counsel for the petitioner-company contended that the impugned order dated 10.9.2008 passed by Opp...
Ranjeet Kishan. Vs. Sumitra Kishan and anr.
Court: Orissa
Decided on: May-19-2010
1. The petitioner-Sridhar Pradhan has sought to challenge an order dated 25.6.1999(Annexure-9) passed by the Orissa Administrative Tribunal, Bhubaneswar, rejecting the petitioner's original application No. 998 of 1993, wherein the petitioner had sought to challenge an order of reversion passed by the Secretary, Co- operation, Government of Orissa (O.P.1) purportedly being contrary to Rule 29 of the OCS(C.C.A.) Rules, 1962.2. From the pleadings of the case it appears that the petitioner entered into Government service under the Government of Orissa and was appointed by the Deputy Registrar, Co-operative Societies, Berhampur(O.P.3) as a Lower Division Clerk with effect from 25.10.1968. Thereafter the petitioner was promoted to the post of Upper Division Clerk on1.10.1970 and while continuing as such, was deputed as Accountant to Soura L.A.M.P.C.S. at Chandragiri. It appears that for the period 1978-79 and 1979-80 accounts of the said society was audited and based on the audit report, a d...
Gangadhar Mangual. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-19-2010
1. This writ application has been filed by the petitioner-Gangadhar Mangual with the following prayer:(i) To quash the order dated 20.7.2007 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. 1460(C) of 1999 directing the disciplinary authority to continue the proceeding which was started against the present petitioner after getting representation of the applicant-petitioner and finalise the same as per law.(ii) To direct the opposite parties to accept the date of birth of the petitioner (as per the H.S.C., i.e. 12.10.1934).(iii) To quash the order of punishment under Annexure-3 as well as the departmental proceeding under Annexure-2 and the notice of retrospective superannuation under Annexure-7.(iv) To direct the opposite parties to pay the outstanding dues of the petitioner with interest from the date of recovery till the date of payment. (v) To realize the arrears and current pension/gratuity etc.2. Shorn of unnecessary details, the fact leading to the pre...
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