Orissa Court December 2013 Judgments
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inspector General of Registration-cum-stamp Collec Vs. M/S.Bright Proj ...
Court: Orissa
Decided on: Dec-16-2013
IN THE HIGH COURT OF ORISSA : CUTTACK W.P.(C) No.21320 of 2012 & W.P.(C) No.17155 of 2013 W.P.(C) No.21320/2012 Inspector General of Registration-cumStamp Collector, Orissa, Cuttack & Others. .. Petitioners -VersusM/s. Bright Projects Pvt. Ltd. . Opp.Party. For the petitioner Mr. B.N. Bhuyan, Addl. Govt. Advocate For the opp.party Mr. Sandipani Misra W.P.(C) No.17155/2013 M/s. Bright Projects Pvt. Ltd. . Petitioner. -VersusInspector General of Registration-cumStamp Collector, Orissa, Cuttack & Others. .. Opp. parties For the petitioner Mr. Sandipani Misra For the opp.party Mr. B.N. Bhuyan, Addl. Govt. Advocate BEFORE THE HONOURABLE CHIEF JUSTICE MR. A.K.GOEL THE HONBLE DR. JUSTICE A.K.RATH Date of hearing : Date of Judgment : 16.12.2013 16.12.2013 JUDGMENT AND ORDER ( A.K.Goel, CJ.) 1. Since both these petitions are between the same parties and involve same question of law, both are taken together. Question for consideration is whether the Collector can interfere with genuine -2val...
Saraswati Sishu Mandir Vs. the Regional Provident Fund Commissioner an ...
Court: Orissa
Decided on: Dec-13-2013
ORISSA HIGH COURT: CUTTACK WRIT PETITION (CIVIL) No.10837 of 2007 In the matter of an application under Articles 226 and 227 of the Constitution of India. --------- Saraswati Sishu Mandir Petitioner -versusThe Regional Provident Fund Commissioner and others For petitioner : For opp. Parties : Opposite Parties M/s.N.K.Mishra, P.K.Sahoo, D.K.Pani & A.K.Ray M/s.S.K.Pattnaik, U.C.Mohanty, P.K.Pattnaik, D.Patnaik, S.Pattnaik, T.K.Kamila (For Opp.Party No.2) PRESENT: THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing : 20.11.2013 | Date of judgment : 13 .12.2013 Dr. B.R.Sarangi, J.The petitioner, which is an educational institution situated in village Balichandrapur in the district of Jajpur and a registered body under the Societies Registration Act, 1860, has filed this writ petition challenging the order dated 17th May, 2007 passed by the Assistant Provident Fund Commissioner, opposite party no.2 under Section 7-A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 ...
Brushabha Pradhan Vs. State and ors.
Court: Orissa
Decided on: Dec-12-2013
W.P.(C) No.12837 of 2013 Present : Mr B. Mohanrty, Advocate for the petitioner. Mr N.C.Panigrahi, Sr.Advocate for opp. parties 2 & 3. 02. 12.12.2013 This petition seeks quashing of the order dated 25.5.2013 (Annexure-4) passed by the Collector-opp. party no.4 under Rule 3 of the Works of Licensees Rules, 2006 (for short, the 2006 Rules,.) framed under Section 67 of the Electricity Act, 2003. Grievance of the petitioner is that he owns land comprising of several plots including plot No.712, which has been converted to Gharabari (homestead) and he constructed a house on it. He also owns plot Nos.694 and 696 on which he has planted trees. The Orissa Power Transmission Corporation LTD.(in short, OPTCL) is undertaking re-routing of 400 KV DC of IB-Meramundali Transmission line over the said land and building of the petitioner. The said laying of HT line over and above the land and building of the petitioner was No.part of any sanctioned Scheme. There was no newspaper publication or publicat...
Abdul Rashid Vs. State of Odisha and Others
Court: Orissa
Decided on: Dec-11-2013
IN THE HIGH COURT OF ORISSA : CUTTACK O.J.C. No.13765 OF 1996 Abdul Rashid . Petitioner -VersusState of Odisha & others . For the petitioner For the opp.parties Opp.Parties None. Mr. R.K.Mohapatra, Government Advocate for O.P.Nos. 1 to 4. BEFORE THE HONOURABLE CHIEF JUSTICE MR. A.K.GOEL THE HONBLE DR. JUSTICE A.K.RATH Date of hearing : 11.12.2013 Date of Judgment : 11.12.2013 JUDGMENT AND ORDER ( A.K.Goel, CJ.) 1. This petition seeks a direction for an independent enquiry into the death of a child labour beaten to death.2. The case of the petitioner is that on 14.11.1996, one Rajunu Khan was working in a Bidi Company in Seikh Bazar was beaten to death by the owner and died on the spot. The matter was published in the daily newspaper The Samaj. on 18.11.1996. The parents of the deceased are poor and did No.take remedies. The Magistrate conducted the enquiry by getting the deadbody from the grave and found injuries on the deadbody. The deadbody was buried by the owner of the Bidi -2Com...
Kabita SwaIn Vs. State of Orissa and Others
Court: Orissa
Decided on: Dec-05-2013
ORISSA HIGH COURT: CUTTACK WRIT PETITION (CIVIL) No.13810 of 2010 In the matter of an application under Articles 226 and 227 of the Constitution of India. ---------Kabita Swain Petitioner Opposite Parties -versusState of Orissa and others For petitioner : For opp. parties : Mr.Asotosh Panda Mrs.A.Mohanty, Addl. Standing Counsel (for O.Ps. 1 to6) M/s.Sarathi Jyoti Mohanty, and Durga Dutta Sahu (for O.P.5) PRESENT: THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing: 22.11.2013 | Date of judgment : 05.12.2013 Dr. B.R.Sarangi, J.The petitioner in this writ petition seeks for quashing of the order/advertisement dated 27.7.2010 under Annexure-5 series issued by opposite party no.5 inviting applications for engagement of Anganwadi Workers in different Anganwadi Centres including Kulinda Anganwadi Centre under Mahajanpur Gram Panchayat when the merit list prepared by the Selection Committee pursuant to the notification under Annexure-1 was valid and in force. 2 2. The factual matrix of t...
Sandhyarani Rout Vs. State
Court: Orissa
Decided on: Dec-04-2013
W.A. No.447 of 2013 BEFORE HONBLE THE CHIEF JUSTICE MR.A.K. GOEL HONBLE DR. JUSTICE A.K.RATH For the appellant Mr.Jitindra Ku. Mohapatra, Advocate. For the respondents . 02. : : Mr.R.K.Mohapatra, Govt. Adv. 4.12.2013 ORDER (Dr. A.K. Rath, J.) Order dated 5.9.2013 passed by the learned Single Judge in WP(C) No.175 of 2013 has been assailed in the present writ appeal.2. Pursuant to the advertisement issued by the Child Development Project Officer, Gop, opposite party no.3, appellant, respondent no.4 and another applied for the post of Anganwadi Worker in respect of Aingola-2 (Godidiha) Anganwadi Centre. The date of verification of the testimonials was fixed to 13.3.2009. The same was later deferred to 23.6.2009. However, the writ petitioner could No.attend the office of the C.D.P.O on the date of scrutiny since she was ill. After selection, she filed an appeal before the Addl. District Magistrate, Puri challenging the appointment of the present appellant. The same came to be dismissed on...
Harekrushna Senapati Vs. Collector,balasore
Court: Orissa
Decided on: Dec-04-2013
W.A.No.531 2011 BEFORE HONBLE THE CHIEF JUSTICE MR.A.K.GOEL HONBLE DR. JUSTICE A.K.RATH For the appellants : Mr.J.K.Mishra (2).Advocate. For the respondents . : Mr.R.K.Mohapatra, Govt. Adv.Mr.Prasanta Ku. Satpathy, Advocate for Respondent Nos.2 to 8 05. 4.12.2013 ORDER (Dr. A.K.Rath, J.) Challenging the order dated 11.8.2011 passed by the learned Single Judge in WP(C) No.20188 of 2011, the aforementioned appeal has been filed. By the said order, the learned Single Judge set aside the order passed by the Tahasildar, Basta in Mutation Case No.1048 of 2011 and directed him to afford an opportunity of hearing to the writ petitioners to file their objection and consider the same in accordance with law. Villagers of Jhinjpura in the district of Balasore have filed writ application contending, inter alia, that they are using the disputed land, which is a communal land. But then on the application of opposite parties 1 to 4, Mutation Case No.1048 of 2011 was initiated by the Tahasildar, Basta ...
Mrutyunjaya N. Jena Vs. Republic of India
Court: Orissa
Decided on: Dec-02-2013
CRLREV NO.756 of 2013 02 02.12.2013 Heard learned counsel for the petitioner and the learned Standing Counsel for the C.B.I. Perused the Records.2. The petitioner assails the order dated 26.07.2013 passed by the learned Special Judge (CBI), Bhubaneswar in T.R. No.36 of 2010 in rejecting the application filed by him under Section 227 of the Code of Criminal Procedure, 1973, hereinafter referred as the Code for brevity, to discharge him from the charges under Section 120-B, 420, 468, 471 I.P.C. and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, hereinafter referred as the Act.3. In course of hearing, the learned counsel for the petitioner raised two points; firstly it is submitted that the petitioner No.being a public servant, as defined under Section 2 of the Act, canNo.be charged for the offence under Sections 120-B, 420, 468, 471 I.P.C. and Section 13(2) read with Section 13(1)(d) of the Act; secondly, it is contended that there is no material on r...
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