Orissa Court August 2010 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
The Management of Ganjam North. Vs. the Presiding Officer, Labour.
Court: Orissa
Decided on: Aug-31-2010
1. In this writ application filed under Articles 226 and 227 of the Constitution of India the employer has assailed the legality of the award dated 27.9.1997 passed by the learned Presiding Officer, Labour Court, Jeypore ( for short, 'Labour Court') in I.D.Case No.96 of 1995 holding the termination of services of the opposite parties 2 to 7-workmen to be illegal and unjustified, and directing the employer to re-engage the workmen with 50% of back wages within six months from the date of receipt of copy of the award.2. The impugned award was passed in adjudicating the following reference under section 10(1) read with section 12(5) of the Industrial Disputes Act,1947 ( for short, 'the Act'):- "Whether the action of the management of Ganjam North Electrical Division,OSEB, Berhampur in terminating the service of S/S Satrughan Nayak, Bali Dakhua, Simanchal Nahak, Basanta Das, Yogendra Bhola and Rama Chandra Sahu, N.M.R. workers of Polasara Electrical Section with effect from 1.10.1989 is le...
Dibakar Pattanaik and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-31-2010
1. This is a plaintiff's second appeal against a reversing judgment. The plaintiff filed Title Suit No.10 of 1981 in the court of learned Additional Munsif, Hindol seeking relief of declaration of his right, title and interest and confirmation of possession over the suit land measuring Ac.0.02 appertaining to Hal Settlement Plot No.2715 under Holding No.667 in village-Nizagarh, Hindol.2. The plaintiff's case is that the suit Hal Plot No.2715 corresponds to Sabik Plot No.4587. The said Sabik plot with a mango tree standing thereon had been leased out in his favour in Nayabadi Case No.1 of 1942-43 and since the date of lease the plaintiff has been continuously in possession of the same without any disturbance from any quarter. The said land had been recorded in his favour in the record of right and he had been paying rent in respect of the said land. In the Hal Settlement, the said land has been recorded as plot no.2715 in favour of the State of Orissa but in the remarks column of Hal R....
Ashok Kumar Jagadev. Vs. Sibanarayan JenA.
Court: Orissa
Decided on: Aug-27-2010
1. The petitioner in this writ petition was declared elected as Sarpanch of Gopamathura Grama Panchayat under Baramba Block in the election held on 21.2.2007. One Prafulla Kumar Nayak filed Election Misc. Case No. 4 of 2007 seeking declaration of the election of the petitioner as illegal and void and to declare him as the legally elected Sarpanch of the said Grama Panchayat. Though allegations of corrupt practice, arrangement of fraudulent voters and utilization of official vehicle in election campaigning were made in the election petition, but only a single point was urged before the learned Election Tribunal by the election petitioner which was with regard to the allegation that the petitioner was holding an office of profit on the date of filing of the nomination. The learned Election Tribunal after framing the issues, recorded evidence and upon hearing the learned counsel for the parties allowed the said Election Misc. Case by judgment dated 23.7.2008 holding that the nomination an...
Padmalaya Satpathy. Vs. Vice-chancellor, Sambalpu.
Court: Orissa
Decided on: Aug-26-2010
1. The petitioner after completing her graduation in the year 1995 with Education as her Honours subject opted for teaching career and wanted to appear in B.Ed. Examination which was scheduled to be held in the year 1`996. The petitioner, accordingly, applied to the opp. parties for necessary permission and after due consideration and scrutiny of the documents, she was allowed to appear in the B.Ed. Examination as a private candidate. She filled up her form and was issued with an Admit Card allowing her to appear in the said examination in the year 1996 from the centre C.T.E., Bolangir having roll No. 02 B.Ed.96 P. 341. When the result of the said examination was declared, she did not find her name in the list of successful candidates. After obtaining the mark sheet, it was found that she has become unsuccessful in securing the minimum pass marks in two subjects, i.e., Paper III and in Oriya Method II. In the aforesaid subjects, she was awarded 13 and 29 marks respectively though she w...
The Aska Central Multipurpose Co-operative Society Ltd. Vs. their Work ...
Court: Orissa
Decided on: Aug-26-2010
1. The petitioner-management, which is a cooperative society registered under the Orissa Cooperative Societies Act, has preferred the present writ application challenging the award dated 07.04.1992 passed by the Presiding Officer, Labour Court, Bhubaneswar in Industrial Dispute Case No.10 of 1981 on the ground that the award is perverse and contrary to the provisions of law.2. The opposite party no.1 representing 43 workmen raised the Industrial Dispute with regard to their retrenchment on the grounds that the principle of "Last Come First Go" has not been followed, no notice of retrenchment was given to the workmen and no retrenchment compensation was paid. After failure of conciliation, the Government of Orissa in exercise of its power under Section 12(5) read with Section 10(1)(d) of the Industrial Dispute Act, 1947 (hereinafter referred to as the 'Act') made a reference on 17.02.1981 to the Labour Court, Bhubaneswar to adjudicate the dispute. The terms of reference are as follows:-...
State of OrissA. Vs. Arjun Teli.
Court: Orissa
Decided on: Aug-25-2010
1. The learned Additional Sessions Judge, Kuchinda having found the accused guilty of offences under Sections 302/376/511 of the I.P.C. and sentencing him to death under Section 302 of the I.P.C. and rigorous imprisonment for ten years and fine of Rs.10,000/-, in default, further rigorous imprisonment for one year under Sections 376/511 of the I.P.C. has submitted the proceedings in S.T. Case No.3 of 2009 of his Court for confirmation. The convict has also filed Criminal Appeal No.133 of 2010 challenging the aforesaid order of conviction and sentence. Therefore, both the Death Reference and the criminal appeal were heard together and being disposed of by this common judgment.2. The prosecution case is depicted as under: The accused is the brother-in-law (sala) of the younger brother of the husband of the informant, Shanti Raksa. In the afternoon of 24.4.2008 the informant, Shanti Raksa along with Dharanidhar Sandha (P.W.5) was watering Chilli plants in the field. At about 5.30 P.M., th...
Arup Kumar Das and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-20-2010
1. As the issues raised in the writ petition relates to the working of Transplantation of Human Organs Act, 1994 ( hereinafter referred to as " TOHO Act, 1994"), keeping the urgency and the need of the petitioner to obtain transplantation of his kidney, the operative part of the judgment was passed on 20.8.2010 which reads as follows: "The report sent by the Professor and Head, Department of Nephrology, AIIMS New Delhi in sealed cover is opened and brought to the notice of the learned counsel for the parties. We have perused the report. We allow the writ petition and approve the application of the petitioners for donation of kidney by petitioner no.2 Nilakantha Muduli to be transplanted to petitioner no.1 Arup Kumar Das. Detailed order to follow."Hence, this judgment.2. Petitioner No.1, namely, Arup Kumar Das, aged about 28 years, who is an advocate by profession, is suffering from kidney failure and is surviving by undergoing regular dialysis from time to time. On the advice of the me...
Umesh Kumar Poddar. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-20-2010
1. The facts leading to filing of this writ petition are as follows:Opposite party No.2-Orissa Bridge & Construction Corporation Limited issued a notice on 1.6.2010 inviting sealed bids for different toll gates and this case is confined to the IIIrd Toll Gate on Sambalpur-Rourkela ADB Road, Sundergarh. The Bid Invitation Notice clearly indicates that sealed bids from intending bidders for collection of Toll for a period of one year were invited and the sale of bid document started from 7.6.2010. The last date for receipt of the sealed bid was 7.7.2010 up to 5 P.M. during working days within office hours at Head office and Senior Project Managers' Offices. In pursuance of the aforesaid notice inviting sealed bids, petitioner and opposite party No.4 submitted their respective bids. Both the petitioner and opposite party No.4 submitted their respective bids on 7.7.2010. Case of the petitioner is that he had offered a bid amount of Rs.6,40,57,500/- but submitted a revised bid on same day t...
Labangalata Mallick. Vs. Mandakini Mallick and ors.
Court: Orissa
Decided on: Aug-19-2010
1. The petitioner was declared elected as Sarpanch of Kayan Grama Panchayat on 22.2.2007. The opp. party no. 1 filed Election Misc. Case No. 37 of 2007 challenging the election of the petitioner before the learned Civil Judge (Jr. Division)-cum- Election Tribunal, Jajpur. The sole ground taken in the election petition was that the petitioner was not eligible to contest the election to the post of Sarpanch, she being unable to read and write Oriya, which is one of the qualification clauses, as prescribed in section 11 (b) of the Orissa Grama Panchayat Act, 1964 (for short, 'the Act'). The petitioner after appearing in the said election dispute filed a written statement, inter alia, denying the allegations made by the opp. party no. 1. The learned Election Tribunal framed as many as five issues and issue no. 3 was framed with regard to the question as to whether the petitioner, on the date of filing of the nomination paper, was able to read and write Oriya.2. During the course of hearing...
M/S. B. Engineers and Builders Ltd. Vs. the Commissioner of Commercial ...
Court: Orissa
Decided on: Aug-18-2010
1. The assesses is before this Court questioning the correctness of the assessment order dated 19.6.2010 passed by the Assessing Authority, Bhubaneswar-III Circle, Bhubaneswar without availing the alternative remedy of appeal provided under Section 77 of the Orissa Value Added Tax Act, 2004 (in short 'OVAT' Act, 2004).2. Placing strong reliance on the mandate of Section 54 of the Act, learned counsel for the petitioner submits that the Assessing Authority has not given effect to the benefit of Rs.1,31,28,321/-, the amount towards the T.D.S. payment on the ground that the T.D.S. certificates are not in proper format and some of the T.D.S. certificates are not submitted in original though as indicated in the order to the extent that the Assessing Officer had sought for verification of T.D.S. certificates submitted by the Assessee from various Assistant Commissioners of Commercial Taxes of different circles mentioned in his letter dated 8.4.2010, Annexure-4, but had not received response ...
- ‹ Prev
- 2
- 3
- Next ›
- Last »