Orissa Court September 2010 Judgments
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Mr. R. Hanumanta Rao and anr. Vs. Presiding Officer, Labour Court.
Court: Orissa
Decided on: Sep-02-2010
1. The opposite parties 2 to 5 filed an application under section 33-C (2) of the Industrial Disputes Act, 1947 (for short, 'the Act') before the learned Presiding Officer, Labour Court, Sambalpur claiming arrear salary and expenses as per the annexures made to the said application separately in respect of each of the said opp. parties. The learned Presiding Officer, Labour Court, Sambalpur registering the same as a Misc. Case No. 18 of 2002 allowed the said application by order dated 13.6.2003 ex parte. The petitioners management, being aggrieved by the said award, have preferred the present writ petition on the ground that the award has been passed behind the back of the petitioners without affording opportunity of hearing to them and rejecting the application filed by one Shri H.C. Dani to represent the management.2. Learned counsel for the petitioners submitted that the opp. parties 2 to 5 are not entitled to get any amount from the company, but in the alternative, they are to pay ...
Smt. Prafulla Biswal. Vs. Smt. Banajosna Barik and ors.
Court: Orissa
Decided on: Sep-02-2010
1. This writ petition has been filed by the petitioner, who was the election petitioner in Election Case No. 2 of 2007 challenging the election of the opp. party no. 1 to the office of Sarpanch of Chahapara Grama Panchayat on the ground that the opp. party no. 1, who was declared elected was disqualified to contest the election to the office of Sarpanch under the provisions contemplated in section 25 (i) (v) of the Orissa Grama Panchayat Act, 1964. It was alleged that the opp. party no. 1 has more than two children born after the cut-off date. The learned Election Tribunal allowed the Election Misc. Case declaring the election of the opp. party no. 1 as void and illegal and further holding that in order to save wastage of time and money , since the petitioner was the only contesting candidate against the opp. party no. 1, she is declared elected as Sarpanch of the said Grama Panchayat in view of section 38 (2) (b) of the Act.2. A Civil Suit was filed by the petitioner for a declaration...
Banajosna Barik. Vs. Smt. Prafulla Biswal and ors.
Court: Orissa
Decided on: Sep-02-2010
1. The petitioner and the opp. party no. 1 filed their nominations to contest the election to the office of Sarpanch of Chahapara Grama Panchayat. The nomination papers were scrutinized on 16.1.2007. At the time of scrutiny, the opp. party no. 1 challenged the validity of the nomination of the petitioner on the ground that she had more than two children and her two of her children were born after the cut-ff date and, therefore, she was disqualified under section 25 (1) (v) of the Orissa Grama Panchayat Act, 1964 (for short, 'the Act') to contest the election to the office of Sarpanch. The petitioner resisted the said objection on the ground that she had no third child and that the alleged third child Priyanka Priyadarshini was the daughter of Saroj and Tilottama, Saroj being the elder brother of the husband of the petitioner. The nomination paper of the petitioner was accepted and in the election held on 17.2.2007, the petitioner was declared elected having polled the highest number of...
Surendra Hota and ors. Vs. State of OrissA.
Court: Orissa
Decided on: Sep-02-2010
1. In this application under Section 482 Cr.P.C., the petitioners, who are accused persons in G.R. Case No. 644 of 2007 corresponding to Kesinga P.S. Case No. 140 of 2007 pending on the file of learned S.D.J.M., Bhawanipatana, have called in question the order of taking cognizance of the offences under Sections 498-A/406/34 I.P.C. read with Section 4 of the D.P. Act.2. Facts reveal that one Sasmita Hota got married to Sujit Hota, son of petitioner nos. 1 and 2 and brother of petitioner no. 3 on 16.4.2006. The said Sujit Hota expired in a road accident on 17.1.2007. Admittedly thereafter Sasmita Hota was taken back by her father to his village at Utkalapada. On 29.10.2007, the said Sasmita Hota as complainant filed I.C.C. No. 53 of 2007 before the learned 2S.D.J.M., Bhawanipatna, Kalahandi, inter alia, making allegation of commission of offence under Sections 406/468/498-A/509/34 I.P.C. read with Section 4 of the D.P. Act against the petitioners. The learned S.D.J.M., Bhawanipatna sent ...
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