Orissa Court May 2010 Judgments

Ajay Bali Vs. Lal Mohan Singh

Court: Orissa

Reported in: 110(2010)CLT2

ORDERSanju Panda, J.1. In this Writ Petition, the Petitioner has challenged the Order Dated 8th September, 2008 passed by the Learned District Judge, Bolangir in Civil Revision No. 10 of 2007 confirming the Order Dated 20th September, 2007 passed by the Learned Civil Judge (Senior, Division), Bolangir in CMA No. 29 of 2006 rejecting the petition Under Section 47 of the Civil Procedure Code to drop Execution Case No. 7 of 2005.2. The facts leading to this Writ Petition are as follows:Petitioner is the Judgment-debtor. Opp. Party, who is the decree-Holder, filed Money Suit No. 23 of 2001 in the Court of the Learned Civil Judge (Senior Division), Bolangir for realization of Rs. 49,624 from the present Petitioner. In the execution case filed by the decree-holder, the Judgment-debtor filed an application Under Section 47 of the Civil Procedure Code stating therein that he had paid the decretal amount outside the Court. Hence the decree was satisfied for which the execution case may be dropp...

Smt. Jyotiprabha Nayak. Vs. State of Orissa and ors

Court: Orissa

1. Prayers of the petitioner in this writ petition are to set aside the order of reinstatement passed in favour of opp. party no.6, to direct the opp. party No.6 to refund the amount of arrear salary drawn by him for the period he was not in service and to allow the petitioner to discharge the duties of the Head of the Department of the Discipline of Logic and Philosophy.2. This case has a chequered history. According to the petitioner, she was appointed as a Lecturer in Logic and Philosophy on regular basis in D.R.College, Nayapalli, Bhubaneswar on 06.12.1993 under Annexure-1. Prior to this, she was working in the same post on adhoc basis in that College since July, 1993. The opp. party no.6 who had been serving as Lecturer in the same subject in the said College was terminated by the Governing Body on 15.05.1993 under Annexure-2. Being aggrieved by the order of termination, Opposite Party No.6 had filed appeal before the Director of Higher Education, Orissa. Opposite party No. 6 also...

Guru Charan Pattnaik and ors. Vs. Bijay Kumar Pattnaik.

Court: Orissa

1. This appeal is directed against the impugned award dated rd3 September, 1999 passed in Misc. Case Nos.92/90 and 173/90 by the Second Motor Accident Claims Tribunal, Cuttack (for short, "the Tribunal").2. The case of the claimants before the Tribunal was that on 5.11.1989 at about 4 A.M. the deceased Janak Ranjan Pattnaik was standing near Somapur Bazar on Cuttack- Paradip road waiting for arrival of his fish in mini truck bearing registration No.OIU-2483. The offending mini truck coming from Paradip side lost its balance at the place of accident and suddenly swerved to its extreme right and ran over the deceased causing instantaneous death and capsized in Taladanda canal. At the time of death the age of the deceased was 28 years and he was earning Rs.3,000/- per month. With these averments, the claimants filed claim petition before the Tribunal claiming compensation of Rs.2,06,000/-3. Opposite party-respondent no.1 the owner of the offending vehicle entered appearance and filed wri...

Sri Priyaranjan JenA. Vs. Union of India and ors.

Court: Orissa

1. This writ petition relates to admission of the petitioner to the M.B.B.S. Course pursuant to his appearance in the Joint Entrance Examination, 2008. The petitioner appeared in the said examination under the reserved category meant for children/widows of personnel of Armed/Para-military Forces, who are native of Orissa. The prayer in the writ petition has been made to quash the order dated 19.6.2008 under Annexure-10 issued by the Industries Department, Government of Orissa to settle the process of admission in respect of Military (M.I.) category for the year 2008-09 on the ground that prioritization is not given in consonance with the provisions in vogue and for any other appropriate relief.2. An Information Brochure for the Joint Entrance Examination, 2008 was published by the Chairman, J.E.E., 2008 for admission of candidates into Engineering/Medical/Dental/MBA/MCA/Hotel Management Courses. In paragraph- 2.1.5 of the said brochure, it was mentioned as follows:-"2.1.5. 2% of seats ...

The Management of D.A.V. Public School Represented by Its Secretary-cu ...

Court: Orissa

Reported in: 110(2010)CLT1

ORDER1. The correctness of The Order Dated 08.4.2010 passed in Misc. Case No. 738 of 2010 arising out of W.P.(C) No. 5030 of 2009 is under challenge in this Writ Appeal urging various legal contentions. Since the order is under challenge is an interlocutory one passed in a Miscellaneous Case filed by the Appellant-management. It is not necessary for us to advert to the legal contentions urged in this Writ Appeal. It is well settled legal position of law that any order that would be passed including an order of either granting an interim order or not granting an interim order is appealable Under Section 10 of the L.P.A.2. The question in such matters whether this Court in exercise of its power can grant relief in this Writ Appeal or not?3. Having regard to the interim order challenged in this Writ Appeal, we do not filed any good reason to interfere with the order passed by the Learned single Judge in exercise of the discretionary power declining to grant interim order Therefore, it wou...

M/S. Indian Metals and Ferro Alloys Ltd. and anr. Vs. State of Orissa ...

Court: Orissa

1. The facts and law involved in all the writ petitions being the same, albeit IMFA and NALCO raised some extra points of facts and laws, they are heard analogously and the following common judgment is passed thereon. In all the writ petitions, the petitioners, all of whom generate energy for their own consumption, challenge the vires of the Orissa Electricity Duty Act, 1961 (hereinafter referred to as 'the Act') in so far as Sections 2, 3 and 5 thereof are concerned. They also challenge the notification No.7721-P-II-Ed.15/92 E wherein Electricity Duty was fixed @ 12 paise for a person not being licencee or board who generate such energy for his own use or consumption. They further challenged the Notification No.GRIDCO-ED- 3/2001-18237, dated 10.10.2001 issued by State Government in their Department of Energy, wherein electricity duty was increased from 0.12 paise to 0.20 paise per unit. According to the petitioners, the impugned impost is expressly on generation/production of electric...

M/S. Indian Metals and Ferro Alloys Ltd. and anr. Vs. State of Orissa ...

Court: Orissa

Summary...

Executive Engineer, Electrical, Jajpur Elec.Division at/Po. Jajpur Tow ...

Court: Orissa

1. The employer has filed this writ application assailing the legality of award dated 9th May, 2002 passed by learned Presiding Officer, Labour Court, Bhubaneswar (for short the 'Labour Court') in I.D. Case No. 107 of 1996 holding the opposite party no. 2-workman to be entitled to reinstatement in service with 50% back wages.2. The impugned award was passed in adjudicating the following reference made under Section 10(1) read with Section 12 (5) of the Industrial Disputes Act, 1947 (for short 'the Act'):- "Whether the termination of Sri Bipin Bihari Nayak by the Executive Engineer, Jajpur Road Electrical Division, Jajpur Road with effect from 26.4.90 is legal and or justified If not to what relief he is entitled ?3. The workman's case, in brief, was that he was working under the employer from 1988 till 25.4.1990. He was refused employment from 26.4.1990 by the employer without compliance of the provision under the Act. The workman made several representations which were not considered ...

Mitra Sankar NandA. Vs. State of Orissa and anr.

Court: Orissa

Summary...

The Executive Engineer, Telecommunication. Vs. the Presiding Officer L ...

Court: Orissa

1. In this writ petition the employer has assailed the legality of the order dated 1.1.2002 passed by the learned Presiding Officer, Labour Court, Bhubaneswar (for short 'the Labour Court') in I.D. Misc. Case No.48 of 1994 directing the employer to pay to the legal heirs of the deceased- workman Rs.4,38,425.68/- towards overtime duty wages payable to the deceased-workman within a period of two months from the date of the order failing which the deceased's legal heirs have been held to be entitled to get the order implemented through process of law with interest at the rate of 15 per cent per annum from the date of amount became payable till the date of actual payment.2. I.D. Misc. Case No.48 of 1994 was instituted on the basis of application under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short 'the Act'). It was averred by the workman that he joined as a Watchman in the establishment of Telecommunication Laboratory Sub-Division, O.S.E.B., Bhubaneswar under the jurisdic...