Orissa Court July 2013 Judgments
Jagabandhu Barik Vs. Smt. Kumudini Nayak
Court: Orissa
Decided on: Jul-29-2013
HIGH COURT OF ORISSA : CUTTACK W.P.(C) No.5224 of 2013 In the matter of an application under Articles 226 & 227 of the Constitution of India. -----------Jagabandhu Barik Petitioner -VersusSmt. Kumudini Nayak Opposite Party For Petitioner : M/s. S.P. Mishra, S. Mishra, S.K. Sahoo, A. K. Das, B.K. Panda, B. S. Panigrahi, J.K. Mohapatra For Opposite Party : M/s. Bhaktahari Mohanty, R.K. Nayak, B. Das, T.K.Mohanty, P.K. Swain, M Pal PRESENT : THE HONOURABLE SHRI JUSTICE S.C. PARIJ.---------------------------------------------------------------------------Date of Judgment :29. 07.2013 ---------------------------------------------------------------------------S.C. Parija, J.This writ petition has been filed challenging the judgment dated 26.02.2013, passed by the learned District Judge, Jajpur, in G.P. Election Appeal No.01 of 2013, dismissing the same and confirming the judgment dated 04.01.2013, passed by the learned Civil Judge (Jr. Division), Jajpur, in Election Case No.03 of 2012, hol...
Tag this Judgment!Odisha Management Colleges Association (Omca) Rep. Vs. State of Odisha ...
Court: Orissa
Decided on: Jul-29-2013
HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.14622 of 2013 In the matter of an application under Articles 226 and 227 of the Constitution of India. ---------Odisha Management Colleges Association (OMCA) represented through its Secretary, Mr. Pratap Kumar Balabantaray, aged about 35 years, S/o. Sri Kalpataru Das, Qtr. No.7-C/3, Unit-I, P.S. Capital, Bhubaneswar, Dist: Khurda Petitioners -VersusState of Odisha and others Opp. Parties For Petitioner : M/s. B. Routray, Sr. Advocate, P.K. Sahoo, S. Das, S. Jena, S.K. Samal, S. Rout & S.D. Routray For Opp. Parties : Mr. S. Palit [For O.P. No.2-OJEE]. Mr. J.K. Mishra, Sr. Advocate [For O.P. No.5-AICTE]. Mr.A.K. Mohapatra [For O.P. No.4-BPUT]. ---------- P R E S E N T: THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of Judgment:29. 07.2013 B.N. Mahapatra, J.The writ petition has been filed with a prayer to issue a writ in the nature of mandamus or any other appropriate writ/writs, order/ orders, direction/directions directing the opposite parties...
Tag this Judgment!Md,orissa Forest Dev Vs. Sarbeswar Pradhan
Court: Orissa
Decided on: Jul-29-2013
WP(C) No.384 o4. 29.7.2013 Heard learned counsel for the parties. This writ petition has been filed by the Managing Director Corporation LTD.of Orissa challenging Forest the Development order dated 09.11.2012, passed by the Appellate Authority under the Payment of Gratuity Act, in P.G.Appeal No.12 of 2012, declining to interfere with the order of the Controlling Authority-cum-Assistant Commissioner, Cuttack, directing the Labour petitioner- Corporation to refund the amount of Rs.57,090/- along with interest @ 10% per annum, which has been deducted from the gratuity amount payable to the employee-opposite party no.1. From the averments made in the writ petition, it is seen that the petitioner-Corporation had raised a demand of Rs.2,30,927/- against the employeeopposite party no.1 towards penal rent for the period from 29.06.2001 till 30.06.2009. The petitioner- Corporation adjusted an amount of Rs.1,47,470/towards penal rent from the retiral benefits payable to the employee-opposite pa...
Tag this Judgment!Somanath Behera Vs. Rto-cum-to,bbsr
Court: Orissa
Decided on: Jul-26-2013
W.P.(C) No.16879 o02. 26.07.2013 Heard learned counsel for the petitioner and learned Standing Counsel appearing for the Transport Department. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the vehicle bearing Registration not OR-02-BS/3962 (Tata Ace Magic) and the opposite party is not granting permit and fitness certificate in respect of the said vehicle as the petitioner is in default of paying tax and penalty for some period. Learned counsel for the petitioner further submits that the petitioner is willing to deposit the tax, but the penalty amount being excessive, the same may be reduced. Considering the submissions made, it is directed that if the petitioner pays the tax demanded by 10.08.2013 and undertakes before the opposite party to pay 60% of the penalty amount in three equal consecutive instalments, i.e., by 26.08.2013, 10.09.2013 and 26.09.2013, then on payment of tax and the fiRs.instalment of the penalty, the petitioners ap...
Tag this Judgment!Menaka Mallick Vs. E.D.(Panda;)sail Rkl
Court: Orissa
Decided on: Jul-26-2013
WP(C) No.20947 o6. 26.7.2013 Heard learned counsel for the parties. This writ petition has been filed challenging the order dated 06.7.2012, passed by the Presiding Officer, Central Government, Industrial Tribunal-cum-Labour Court, Bhubaneswar, in Tr. I.D Case No.01 of 2012, allowing the application of the Management-opposite party no.1 for deciding issue no.1 regarding maintainability of the reference as a preliminary issue, relating to the existence of employer and employee relationship between the workman and the Management. Learned submits that as counsel this for Court the vide petitioner order dated 19.12.2011, passed in W.P.(C) No.14289 of 2011, had directed the C.G.I.T., Bhubaneswar, to continue with the case from the stage it was pending and complete the same within three months, it was not open for the C.G.I.T., Bhubaneswar, to take up the preliminary issue of maintainability. Accordingly, it is prayed that learned Tribunal should consider all the issues together. Learned co...
Tag this Judgment!Mina Nisha Vs. Secy,revenue Dept.
Court: Orissa
Decided on: Jul-26-2013
WP(C) No.21323 o6. 26.7.2013 Heard learned counsel for the parties. This writ petition has been filed challenging the inaction of the opposite parties in not disbursing the pensionary benefits in favour of the petitioner after the death of her father, who was serving under the State Government, in the Revenue Department. Learned counsel for the petitioner with reference to the legal heir certificate issued by the Addl. Tahasildar, Sadar, Cuttack, in Misc. Certificate Case No.142 of 2008, under Annexure-1 to the writ petition submits that as the petitioner is the only unmarried daughter of the deceased Government employee, she is entitled to the pensionary benefits. Learned counsel appearing for the opposite party no.4, who is also a daughter of the deceased Government employee, with reference to the legal heir certificate issued by Tahasildar, Sadar, Cuttack, annexed to the counter affidavit filed, submits that she is the unmarried daughter of the deceased Government employee and ther...
Tag this Judgment!Ganapati Sunani Vs. Dm,lic
Court: Orissa
Decided on: Jul-25-2013
W.P.(C) No.4397 o5. 25.07.2013 Heard Mr.Biswamohan Pattnaik, learned Senior Advocate for the petitioner and Mr.Sailelsh Chandra Samantaray for the opposite parties. The petitioner calls in question the legality and propriety of the order of removal from service by the opposite parties. The case of the petitioner, sans details, is that he was working as Badli Worker in the Branch Office of L.I.C.of India at Bhawanipatna. While the petitioner was continuing as such, the matter was referred to the National Industrial Tribunal for regularization of his service. Pursuant to the decision dated 17.4.1986, the opposite parties decided to give regular appointment to the part time workeRs.who had worked at least 70 days during the period from 1.1.1982 to 25.5.1985. Thereafter he filed an application before opposite party no.1 for regular appointment in class-IV post. It is stated that he was selected in the test examination held on 30.7.1989 and on the basis of such test appointment order was i...
Tag this Judgment!Jitendra Ku.Choudhur Vs. Banku Sahoo
Court: Orissa
Decided on: Jul-25-2013
F.A.O. NO.27 OF 201.14. 25.07.2013 The present appellant who is the defendant in C.S. No.102 of 2006 and the petitioner in C.M.A. No.23 of 2011 under Order 9 Rule 13 of CPC in the court of the 2 nd Additional Civil Judge (Senior Division), Cuttack challenges the order dated 22.12.2012 passed by the learned Civil Judge in the C.M.A. rejecting the prayer to set aside the ex parte decree dated 25.4.2011 passed in the C.S.2. The respondent herein is the plaintiff in the suit. He filed the suit for a decree for specific performance of contract directing the appellant-defendant to perform an agreement dated 20.4.2004 and to execute and register a Sale Deed in respect of the plaint schedule A property on receiving the balance consideration money from the respondent-plaintiff and to deliver possession of the property to him. Subsequently, the respondent-plaintiff filed another suit registered as C.S. 52 of 2007, on the allegation that the suit property being given on security with State Bank o...
Tag this Judgment!Pramila Mallick Vs. Basanta K.Mallick
Court: Orissa
Decided on: Jul-25-2013
F.A.O.NO.573 OF 201.Misc. Case No.200 o16. 25.07.2013 This is an application under Section 5 of the Limitation Act. The petitioner-appellant has presented the appeal memo with delay of 665 days. According to the petitioner the impugned order passed in the Probate Misc. Case No.48 of 2005 (28 of 1997) by the learned Civil Judge (Senior Division).FiRs.Court, Cuttack on 18.7.2009 was without her knowledge and it was only on 25.9.2010 the petitioner came to knot about the impugned order from her Advocate and thereafter on 27.9.2010 she applied for certified copy of the impugned order, received the same on 23.5.2011 and filed the F.A.O.before this Court on 12.8.2011. Respondent-opposite party No.1 has filed counter asserting that the plea of lack of knowledge about the impugned order is quite false. According to him, the present petitioner, her two sisters and their widow mother all were substituted in the aforestated Probate Misc. Case and after their substitution all of them appeared in ...
Tag this Judgment!Ajit Kumar Routray Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-24-2013
HIGH COURT OF ORISSA: CUTTACK In the matter of applications under Articles 226 and 227 of the Constitution of India. -------Ajit Kumar Routray Pravash Ku. Sahoo BiNo.Ku. Sahoo Braja Kishore Sahoo Nrusingha Ch. Routray Pravash Kumar Sahoo Ajit Kumar Routray Avijit Panda W.P.(C) No.8084 of 2013 W.P.(C) No.8082 of 2013 W.P.(C) No.9531 of 2013 W.P.(C) No.9533 of 2013 W.P.(C) No.9549 of 2013 W.P.(C) No.7110 of 2013 W.P.(C) No.7111 of 2013 M/s Ramakanta Mohanty, D.Mohanty, S.Mohanty, D.Varadwaj, A.Mohanty, S.Mohanty, P. Jena & A.K.Das W.P.(C) No.9378 of 2013 M/s Gopal. Kr. Mohanty, P.K.Panda, D.Mishra & N.K.Khan Pradeepta Kumar Nath Yogesh Sahu & Ors. MaNo.Ku. Sahoo Bimala Dalabehera Aruna K. Sahoo and Another W.P.(C) No.8912 of 2013 W.P.(C) No.9558 of 2013 W.P.(C) No.10085 of 2013 W.P.(C) No.10731 of 2013 W.P.(C) No.8911 of 2013 M/s Narasingh Patra, A.K.Patra & B.Shadangi Gitanjali Sahoo Bipin Bihari Nayak W.P.(C)No.6351 of 2013 W.P.(C)No.10690 of 2013 M/s Kali Pr. Mishra, S.Mohapatra, T.P....
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