Orissa Court March 2011 Judgments
Subhendu Mohanty Vs. State of Orissa and Others
Court: Orissa
Decided on: Mar-28-2011
1. W.P. [C] No. 16844 of 2010 has been filed in shape of Public Interest Litigation by one ex-student of Ravenshaw University (for short, ORISSA HIGH COURT : CUTTACK“the University”). W.P.C.(C) 19200 of 2010 is filed by two petitioners of whom petitioner no.1 is an old student of Ravenshaw College who was the President of the Students’ Union during 1971-72 and petitioner no.2 is a noted social activist who functioned as the President of the Students’ Union of the Ravenshaw College in the year 1970-71. He is a student guardian as well. They have given certain background of the institution stating that the College was established in the year 1869. It is the first and premier institution in the State of Orissa for imparting higher education. This institution has been a centre of excellence and it is at the forefront of imparting quality education in the country for over a century. It got converted to University in the year 2006 under the Ravenshaw University Act, 2...
Tag this Judgment!Divisional Railway Manager Vs. Kesa Lakhua
Court: Orissa
Decided on: Mar-25-2011
1. This appeal has been directed against the judgment dated 04.04.2009 passed by the 3 rd Motor Accident Claims Tribunal, Rourkela, Sundargarh in M.A.C. Case No.478 of 2007 by the Divisional Railway Manager, South Eastern Railway, Chakradharpur Division, AT/ PO: Chakradhapur, Dist: Chainbasa, Jharkhanda. 2. The case of the petitioner before the Tribunal in a nutshell is that on 03.11.2007 at around 3.30 P.M. when the deceased was standing near Chandini Chawk, Dandapada of Biramitrapur on the extreme left side of the road the offending truck bearing registration No.ORO-4785 driven by its driver rashly and negligently dashed against the deceased. As a result of such accident, the deceased sustained fatal multiple injuries and succumbed to the same at the spot for which accident Biramitrapur P.S.Case No.162 of 2007 corresponding to G.R.Case No.2031 of 2007 was registered. At the time of accident the petitioner was earning Rs.5,000/- per month. Due to death of the deceased, his dependants ...
Tag this Judgment!Sabitri Panigrahi Vs. Sri Bharat Kumar Swain
Court: Orissa
Decided on: Mar-25-2011
1. This appeal has been directed against the judgment dated 30.09.2004 passed by the 1st Motor Accident Claims Tribunal, Mayurbhanj, Baripada in M.A.C.T. Misc. Case No.54 of 2002. 2. The facts in a nutshell giving rise to the present appeal are that on 06.02.2002 at about 10 A.M. the deceased Bharati Kumar Parida while discharging his duty as a Constable in the Golei Chhak, Jagatpur in connection with requisitioning vehicles for the Grama Panchayat election, the offending truck bearing registration No.ORU- 6831 belonging to respondent No.1 came at a high speed from Mahanadi side and dashed against the deceased. As a result of such accident, the deceased sustained grievous injuries on his leg, chest and head. Immediately after the accident he was shifted to S.C.B., Medical College & Hospital, Cuttack for treatment and while undergoing treatment he succumbed to the injuries on the same day. According to the claimants, the accident took place because of rash and negligent driving by t...
Tag this Judgment!M/S.Bose Enterprise and anr. Vs. Union of India and ors.
Court: Orissa
Decided on: Mar-15-2011
1. The writ petitioner no.1 a Custom House Agent under the Custom House Agent Licensing Regulations, 2004 filed the writ petition challenging an order of suspension dated 13 January, 2010. By an order dated 18 February, 2010 a Single Bench of this Court issued directions for affidavits. Affidavits are complete. In the meanwhile, while the writ petition was pending the Central Board of Excise and Customs issued Circular No.9/2010-Customs dated 8 th April, 2010 which, inter alia, stipulates a time limit for completion of suspension proceedings against the Custom House Agent Licence-holder. 2. Paragraph 7.1 and 7.2 are set out herein below(SIC) for convenience: 7.1. The present procedure prescribed for completion of regular suspension proceedings takes a long time since it involves inquiry proceedings, and there is no time limit prescribed for completion of such proceedings. Hence, it has been decided by the Board to prescribe an overall time limit of nine months from the date of receip...
Tag this Judgment!Rajneesh Misra Vs Union of India and ors.
Court: Orissa
Decided on: Mar-11-2011
1. Heard learned counsel for the parties. Today, an Intervention Application has been filed on behalf of Jharkhand Chamber of Commerce and Industries. It is a happy development that the Captains of industries has chosen to come to Court. It was put to the counsel appearing for the Chamber of Commerce that the Chamber of Commerce, as a protector of the business communities' interest, has also responsibility for safeguarding the interest of the society at large. The grievance raised was that some forceful action is taken against the alleged encroachers in the shape of wrong assessment, which is not rightful. It was put to the counsel for the Chamber of Commerce that if the Chamber of Commerce is prepared to take upon itself that all those who are encroachers will be persuaded to vacate the unlawful encroachment and all those who are in possession of the land other than their rightful title land will be persuaded by the Chamber of Commerce to vacate the same, this Court would be happy to ...
Tag this Judgment!New India, Insurance Co. Ltd, Balasore Vs. Rabindranath Sahu, Dist. Ba ...
Court: Orissa State Consumer Disputes Redressal Commission SCDRC Cuttack
Decided on: Mar-03-2011
1. The appellant-Insurance Company being aggrieved by the judgment and order of the District Forum, Balasore dated 13.11.2002 passed in C.D. Case No.143 of 2001 has preferred this appeal. By the impugned order, the District Forum has directed the appellant, who was opposite party no.1 in the consumer dispute, to pay a sum of Rs.40,000/- along with interest at the rate of 12% per annum after six months from the date of filing of claim form by the complainant till the actual date of payment. Since the complainants shop was running on loan basis, 60% of the above amount has been directed to the Bank-opposite party no.2 and 40% to the complainant-respondent no.1. The Forum has also directed the appellant to pay Rs.500/- to the complainant towards litigation expenses within sixty days from the date of receipt of the order. 2. The complainants case is that he is a shopkeeper dealing in sweets at Gandhi Chhak since last ten years. For that purpose, he has availed loan from opposite party no.2...
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