Orissa Court July 2010 Judgments
Shri Jagannath Weavers and anr. Vs. the Presiding Officer, Industrial ...
Court: Orissa
Decided on: Jul-21-2010
1. The sole question raised in this writ petition is as to whether an application filed under section 33 (1)(b) of the Industrial Disputes Act, 1947 ( for short, 'the Act') in a pending dispute automatically terminates on disposal of the dispute by an award after the award is notified. 2. Facts reveal that the petitioner-management is a Spinning Mill in the co-operative sector being a unit of Orissa State Co-operative Spinning Mills Federation (SPINFED) situated at Nuapatna in the district of Cuttack. The opp. party no. 2 is the workman. He being allegedly involved in serious action of misdemeanor including assaults, riots and illegal strike etc. was discharged along with others and after domestic enquiry having been conducted, the charges framed being established, the petitioner management decided to dismiss the workman-opp. party no. 2 from service. Because of the pendency of the I.D. Case No. 48 of 1986 before the Industrial Tribunal, Orissa, Bhubaneswar, though the dismissal of the...
Tag this Judgment!Bimal Prasad SahayA. Vs. State of Orissa and Others.
Court: Orissa
Decided on: Jul-21-2010
1. Legality of the order dated 22.12.2007 passed in C.T. Case No.49 of 2006 arising out of G.R. Case No.94 of 2005 of the court of learned S.D.J.M., Rairangpur corresponding to Rairangpur Town P.S. Case No.24 of 2005 by Additional Sessions Judge, Rairangpur in exercise of power under Section 319 of the Code of Criminal Procedure (for short 'the Cr.P.C.') arraying the petitioner and two others, namely, Sumeet Bajla and Manas Das Pattanaik as accused persons and summoning them to face trial along with accused Anand Rai who is facing trial in the case for alleged commission of offences under Sections 307 and 338 of the Indian Penal Code (for short 'the I.P.C.') read with Section 27 of the Indian Arms Act (for short 'the Act').2. Rairangpur P.S. Case No.24 of 2005 was registered for commission of offences under Sections 147, 148 and 307 read with 149 of the I.P.C. as well as Sections 25 and 27 of the Act on the basis of F.I.R. lodged by informant Narottam Mohanty against the petitioner and...
Tag this Judgment!Sripurna Chandra Nahak. Vs. Government of India and ors.
Court: Orissa
Decided on: Jul-21-2010
The petitioner in this writ petition has challenged the inaction on the part of the opp. parties in not considering his case for grant of minimum pension despite the fact that the petitioner has completed 16 years of service in Border Security Force (hereinafter referred to as 'the B.S.F.') and, thereafter, he has been dismissed from service on the ground of unauthorized absence for a period of 5 (five) months 17 days without any departmental proceeding. 2. It is the case of the petitioner that upon a selection being conducted, he was selected and appointed as a Sweeper on 14.8.1983 in the B.S.F. and was posted under the control of the Commandant, 78 Battalion B.S.F. He also underwent training and after completion of training he joined under the Commandant, B.S.F. According to the petitioner, he fell sick and remained on leave on medical ground from 13.10.1998 7.11.1998 with due permission of his higher authorities. But as his health condition deteriorated and it was not possible on hi...
Tag this Judgment!Soudamini Chhotaray. Vs. Surya Narayan Khuntia and ors.
Court: Orissa
Decided on: Jul-20-2010
1. The petitioner challenges the order dated 19.09.2009 passed by the learned Civil Judge (Senior Division), Nimapara rejecting the petition filed under Order 6, Rule 17 of C.P.C. in Title Appeal No.64/40 of 2000 of 1996.2. The mother of the petitioner, Subarna Bewa as plaintiff filed Title Suit No.17/1988 in the court of learned Civil Judge (Junior Division), Nimapara for declaration of right, title and interest and confirmation of possession and permanent injunction in respect of the suit properties as prescribed in different schedules of the plaint and other consequential reliefs. The original defendants were Bichitrananda Khuntia, Banambar Khuntia and Sri Thakur Nigamananda Saraswat Dev, out of whom, Bichitrananda Khuntia and Banambar Khuntia having been expired, their legal representatives were brought on record. The suit was decreed on 22.2.1996 and being aggrieved with the same, the defendants preferred Title Appeal No.64/46 of 2000/1996 before the learned Civil Judge (Senior Di...
Tag this Judgment!M/S. Shree Maruti Cloth Store. Vs. the Sales Tax Officer,cuttack.
Court: Orissa
Decided on: Jul-15-2010
1. C.R. DASH, J. Section-9 of the Orissa Entry Tax Act, as it stood before amendment by Orissa Entry Tax (Amendment) Act, 2005 (referred to as "Act" in short) provided a limitation of "three years" for reassessment of escaped turn over of a dealer. By the aforesaid amendment in question in the year 2005 Section-9 of the Act was substituted by Section-10, in which the provisions of Section-9 were retained, but the period of limitation of "three years" was substituted by a period of limitation of "five years". The short question that arises for determination in the present writ petition is, whether the jurisdiction invoked by the opposite party after coming into force of the amendment, has got to cover a period of limitation up to "five years" preceding next the date of issuance of the impugned notice or the limitation as prescribed in the amended provision is prospective in nature and it would apply only to reassessments onwards from the date of coming into force of the amendment?2. The...
Tag this Judgment!M/S.Steel Authority of India Ltd. Vs. Sri Purna Chandra Sutar and anr.
Court: Orissa
Decided on: Jul-15-2010
1. W.P.(C) No.5409 of 2004 has been filed challenging three orders passed by the learned Presiding Officer, Industrial Tribunal, Rourkela in Industrial Misc. Case No.9 of 2002 by the Steel Authority of India Limited (SAIL), which is the Management. W.P.(C) No.8944 of 2010 has been filed by the workman with a prayer to pass appropriate orders to pay him all arrear wages with effect from 30.04.2002 at the last drawn salary i.e. Rs. 11,013/- per month together with interest @ 12% from the said date and to allow the workman to work by issuing valid gate pass to enter into the Plant site.2. Initially a question was raised before this Court with regard to applicability of Section 17 (B) of the Industrial Dispute Act, 1947 (for short, 'the Act') to the present case. Submissions and counter submissions were made in that regard as the writ petition filed by the Management is against the orders passed on an application under Section 33 (2) (b) of the Act. As I have heard both the writ petitions ...
Tag this Judgment!Ramakanta Patel. Vs. State of OrissA.
Court: Orissa
Decided on: Jul-14-2010
1. Additional Sessions Judge, Jharsuguda in S.T. Case No.177/19 of 2000 convicting him under Sections 302 and 201, I.P.C. and sentencing him to undergo imprisonment for life for the offence under Section 302, IPC and rigorous imprisonment for seven years for the offence under Section 201, IPC .2. The case of the prosecution is that on 05.02.2000 the accused, who happens to be the maternal uncle of P.W.2, arrived at the house of one Kartik Patel at Jharsuguda where P.W.2 was staying and confessed before P.W.2 that he (accused) and his wife (deceased) were going to the house of the uncle (Mausa) of P.W.2 for procuring money. On their way, on the river bed of Telen the accused throttled the deceased to death and buried her dead body in the sands of the said river. On hearing that, P.W.2 asked the accused to wait and proceeded outside but during his absence the accused escaped from the said house. P.W.2 searched for the accused and first went to village Kainsir where he informed the facts ...
Tag this Judgment!Muktamanjari Sahoo.Vs. State of Orissa and ors
Court: Orissa
Decided on: Jul-08-2010
1. The petitioner, who is the Sarpanch of Chhanagiri Grama Panchayat has filed this writ petition challenging the notice No.4950 dated 3.12.2009 issued by the learned Sub-Collector, Khurda, fixing No Confidence Motion initiated against her to 21.12.2009, as well as the resolution dated 21.11.2009.2. Election to the office of Sarpanch of Chhanagiri Grama Panchayat was held on 23.2.2007, wherein the petitioner was elected as the Sarpanch and opp.party nos.4, 5, and 6 were elected as ward members of ward Nos.4,6,and 7 respectively. There are 15 ward members in the aforesaid Grama Panchayat, out of whom 10 Ward Members passed a resolution on 21.11.2009 to bring No Confidence Motion against the petitioner on several grounds and sent the resolution along with a requisition to the Sub-Collector, Khurda. On receipt of the requisition, the learned Sub-Collector, Khurda vide notice No.4950 dated 3.12.2009 fixed the meeting of No Confidence Motion to 21.12.2009.3. According to the petitioner, som...
Tag this Judgment!Bijay Nanda @ Bijaya Kumar NandA. Vs. State of OrissA.
Court: Orissa
Decided on: Jul-07-2010
1. This revision arises out of appellate judgment of the petitioner's conviction under Section 324, I.P.C. and consequent sentence recorded thereunder obliging the petitioner to pay a fine of Rs.600/- (six hundred), in default to suffer S.I. for one month. The petitioner, in this revision, has challenged the aforesaid judgment of conviction and order of sentence.2. The petitioner and his wife are admittedly deaf and dumb. The occurrence in this case happened on 31.08.1991. The petitioner is alleged to have assaulted the informant (P.W.4), her husband (P.W.1) and P.W.1's sister (not examined) by means of a 'kati' / knife. In the evening of 30.08.1991 the informant (P.W.4) and her husband (P.W.1) were absent in their house located in the neighbourhood of the petitioner in HAL Township, Sunabeda. At about 6 p.m. on their return to the house they learnt from the sister of P.W.1 that in their absence the petitioner assaulted her (P.W.1's sister) with slaps and fist blows. In the early morni...
Tag this Judgment!Madhusudan Sahu and anr. Vs. Pabani Behera and anr.
Court: Orissa
Decided on: Jul-05-2010
1. In this writ petition, the petitioners have challenged the order dated 23.7.2007 passed by the learned Civil Judge (Junior Division), Nimapara in Civil Suit No.189 of 2007 allowing the application filed by the plaintiffs for amendment of the plaint. The facts, as narrated in writ petition, are as follows:2. The opposite parties as plaintiffs filed the suit for permanent injunction restraining the defendants from interfering with the peaceful possession of the plaintiffs over the suit plot in any manner to which the plaintiffs are entitled on the basis that the parties are Hindus and governed under Mitrakhar School of law. The disputed properties appertaining to Sabik Plot No.4762 under Khata No.135 was recorded in the name of one Uchhaba Behera son of Parami Behera. Nitai Behera is the son of Panchu Behera. Parami and Panchu are brothers. Uchhaba had two sons, namely, Nata and Bhajani. Plaintiff No.1 is the son of Nata and plaintiff no.2 is the only daughter of Bhajani. They further...
Tag this Judgment!- ‹ Prev
- 1
- 3
- Next ›
- Last »