Orissa Court July 2013 Judgments
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Odisha Private Eng.Schools Association, Rep.Throug Vs. State of Odisha ...
Court: Orissa
Decided on: Jul-22-2013
HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.14030 of 2013 In the matter of an application under Articles 226 and 227 of the Constitution of India. ---------Odisha Private Engineering Schools Association (OPESA), represented through its Secretary, Er. Saroj Kumar Sahoo, aged about 49 years, S/o. Late Krushna Mohan Sahoo, Regd. Office at Plot No.6/652, IRC Village, Nayapalli, Jeydev Vihar, Bhubaneswar, Dist: Khurda Petitioner -VersusState of Odisha and others Opp. Parties For Petitioner : Mr. B. Routray, Sr. Advocate, Mr. Sanjit Mohanty, Sr. Advocate M/s. D. Routray, P.K. Sahoo, S. Das, S. Jena, S.K. Samal, S.P. Nath, S. Rout & S.D. Routray For Opp. Parties : Mr. Asok Mohanty Advocate General Mr. V. Narasingh Additional Government Advocate [For O.P. Nos.1 to 3]. ---------- P R E S E N T: THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of Judgment:22. 07.2013 B.N. Mahapatra, J.This Writ Petition has been filed with a prayer to issue a writ of mandamus directing opposite parties, particularl...
State Bank of India Officers Association and anr. Vs. State Bank of In ...
Court: Orissa
Decided on: Jul-19-2013
HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.24252 of 2012 In the matter of an application under Articles 226 and 227 of the Constitution of India. ----------State Bank of India Officers Association and another . Petitioners Versus State Bank of India represented through its Chief General Manager and another . Opposite parties For Petitioners M/s.Ashok Mohanty (Sr.Advocate) V.Narasingh, S.K.Senapati & S.Das For Opp. Parties Mr.R.K.Rath (Sr.Advocate) Mr.P.V.Balakrishna PRESENT: THE HONOURABLE SHRI JUSTICE M.M.DAS AND THE HONOURABLE SHRI JUSTICE DR. A.K.RATH Date of hearing 03.7.2013 : Date of judgment:19. 07.2013 DR.A.K. RATH, J.Invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners have prayed, inter alia, to quash the letter dated 27.9.2012 initiating departmental proceeding with articles of charge and statement of imputation of misconduct vide Annexure-4 series2. Shorn of unnecessary details, case of the petitioners is that pet...
Pyari Mohan Sahoo Vs. Cmd,industrial Infr
Court: Orissa
Decided on: Jul-19-2013
W.P.(C) NO.14888 OF 201.04. 19.07.2013 Heard learned counsel for the petitioner and learned counsel appearing for opposite parties The petitioner in this writ petition challenges the letter not HO/ID/A/4128/01-01-14974 dated 27.7.2011 issued by the Deputy General Manager (ID).IDCO under Annexure-13 directing the petitioner to deposit a sum of Rs.5,96,250/- towards mutual transfer fees in respect of the plot measuring Ac.0.159 situated at Jagatpur Industrial Estate in favour of opposite party no.3, Smt.K.Jyoti, proprietor of M/s.Jyoti Beverages at Jobra. A joint inspection has been conducted by the officials of DIC, Cuttack and IDCO on 29.12.2011 regarding mutual transfer of land measuring Ac.0.159 out of the allotted area of Ac.0.410 from Plot Nos.128 and 129 from M/s.Sahoo Udyog to M/s.Jyoti Beverages at Jagatpur Industrial Estate (new).wherein it observed as follows: 1. IDCO plot no.128, where the canteen building no.3 stands along with 08 Nos.rooms area of Ac.0.251 has been utilized...
M/S.impex Wires Vs. Industrial Infrastr
Court: Orissa
Decided on: Jul-19-2013
W.P.(C) NO.8653 OF 201.06. 19.07.2013 Heard learned counsel for the petitioner and learned counsel appearing for opposite parties The petitioner in this writ petition challenges the letter dated 25.4.2011 issued by the Chief General Manager, IDCo.IDCO Tower, Janpath, opposite party no.2 under Annexure-9 demanding a sum of Rs.12,52,500/- towards the revised cost of allotted property. He further prays for issue of a writ of mandamus directing the opposite parties to charge the rate of the land that was prevailing on 6.7.2009, on which date the land was sanctioned and for allotment of land measuring Ac.0.050 as per the recommendation of the DIC or available vacant land adjoining the plot of the petitioner. Learned counsel for the petitioner states that the petitioner is not liable to pay the revised cost of the land as demanded in Annexure-9, rather he is only liable to pay the cost of the land as per the rate prevailing on 6.7.2009. Learned counsel for the IDCO has brought to our notice ...
Pintu@pawan Ku.Khemk Vs. State
Court: Orissa
Decided on: Jul-19-2013
CRLMC NO.2642 OF 200.11. 19.07.2013 Heard. The petitioner in this application has assailed the order dated 12.6.2006 passed by the learned S.D.J.M., Dharamgarh in G.R.Case No.315 of 2005 taking cognizance of the offence under Section 420, Cr.P.C.This Court while entertaining the application, by order dated 7.2.2007 directed the learned counsel for the petitioner to produce the certified copy of the F.I.R.after serving a copy of the same on the learned counsel for the State and also passed interim order that the N.B.Ws. issued against the petitioner in the said G.R.Case shall not be executed till the next date. However, the order regarding filing of certified copy of the F.I.R.was not complied with till 11.4.2009 when it was submitted by the learned counsel for the petitioner that certified copy of the impugned order has already been filed. Again by order dated 18.4.2012 time was sought for filing of certified copy of the impugned order and on 23.11.2012 though no one appeared for the p...
Pintu @ Ranganath Mishra Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jul-19-2013
ORISSA HIGH COURT: CUTTACK CRLMC No.526 of 2004 In the matter of an application under Section 482 of the Code of Criminal Procedure. ---------Pintu @ Ranganath Mishra Petitioner -versusState of Orissa and another Opposite Parties For petitioner : Mr.Nalinikanta Dash For opp. parties : Addl. Standing Counsel (O.P.1) PRESENT: THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing & judgment :19. 07.2013 Dr. B.R.Sarangi, J. Petitioner in this application under Section 482 of the Code of Criminal Procedure seeks to quash the order dated 26.04.2001 taking cognizance of the offence under Sections 294, 354, 506/34 I.P.C.and the order dated 11.02.2004 issuing nonbailable warrant of arrest against him in connection with Jeypore Sadar P.S.Case No.17 of 2001 corresponding to G.R.Case No.53 of 2001 pending in the court of learned J.M.F.C., Jeypore....
M.V.Naresh Kumar Vs. Axess Medicom Pvt.Ltd.
Court: Orissa
Decided on: Jul-19-2013
ORISSA HIGH COURT: CUTTACK CRLMC No.513 of 2012 In the matter of an application under Section 482 of the Code of Criminal Procedure. ---------M.V.Naresh Kumar Petitioner -versusAxess Medicom Pvt. Ltd. Party Opposite For petitioner : M/s. B.K.Mohanty, R.Mohanty, P.K.Sahoo, S.S.Chhualsingh & G.Sabar. For opp. party : M/s.Rajjeet Roy, S.K.Singh & N.Hota PRESENT: THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing:12. 07.2013 | Date of judgment :19. 07.2013 Dr. B.R.Sarangi, J.Accused No.2 being the petitioner seeks to quash the order dated 24.1.2011 passed by the learned S.D.J.M. (S), Cuttack in ICC No.1128 of 2010 whereby cognizance has been taken against him for the offence under Section 138 of the N.I. Act.2. Complainant-opposite party filed a complaint petition being ICC No.1128 of 2010 before the learned S.D.J.M. (S), Cuttack against the accused-petitioner on the allegation of bouncing of a cheque amounting to Rs.73,279/- vide Annexur-23. The accused-petitioner assails the order ...
Prabir Ku.Dash Vs. Commnr.,consolidn.
Court: Orissa
Decided on: Jul-17-2013
W.P.(C)NO.11689 OF 200.4. 17.7.2013 Challenging the legality of the order passed by the learned Commissioner of Consolidation, Orissa in R.P. No.178 of 2007 on the ground of non-application of judicial mind as well as arbitrariness, this writ petition has been filed.2. According to the petitioner, Ac.0.69 decimals of land purchased by him under Registered Sale Deed No.5355 dated 8.12.1972 was recorded in his name during the current Consolidation operation but the area was incorrectly recorded as Ac.0.62 decimals. Since the petitioner while working in Indian Air Force was out of the suit village for a long period, he could not knot about the incorrect recording of the area for which he could not file any case immediately after publication of the R.O.R. Having knowledge of the incorrect entry, he filed C.R. No.178 of 2007 before the learned Commissioner who has passed the impugned order rejecting the Review Petition on the ground that no appeal was filed by the petitioner for correction ...
Antaryami Bihari Vs. State of Orissa (Vigilance)
Court: Orissa
Decided on: Jul-17-2013
HIGH COURT OF ORISSA : CUTTACK CRIMINAL APPEAL NO.83 OF 201.From the Judgement dated 29.01.2011 passed by the learned Special Judge (Vigilance), Bhubaneswar in T.R. No.35 of 1999. Antaryami Bihari . Appellant. Versus. State of Orissa (Vigilance) .. Respondent For appellant : M/s. S.R. Mohapatra, B.R. Mohanty, B.K. Raj, M.K. Swain, S.Harichandan, M.K. Mohanty & M.K. Subudhi. For Respondent : Mr. S. Mohanty, Standing Counsel (Vigilance). PRESENT THE HONBLE SHRI JUSTICE B.K.NAYAK -----------------------------------------------------------------------------------------Date of hearing :24.04.2013 : Date of judgment:17. 07.2013 B.K.NAYAK, J.29.01.2011 In this appeal the appellant challenges the judgment dated passed by the learned Special Judge (Vigilance), Bhubaneswar in T.R. No.35 of 1999 whereby the learned Special Judge has convicted the accused-appellant under Section 13(2) read with Section 13(1) (d)/7 of the Prevention of Corruption Act,1988 (in short the P.C. Act) and sentenced him t...
State of Orissa Vs. Udayanath Pradhan
Court: Orissa
Decided on: Jul-17-2013
HIGH COURT OF ORISSA: CUTTACK GOVERNMENT APPEAL NO.77 OF 199.From the judgment dated 20th June, 1997 passed by Shri D.K.Sahu, Sessions Judge, Budh-Kandhamal at Phulbani in S.T.Case No.153/96. ___________ State of Orissa .. Appellant .. Respondent Versus Udayanath Pradhan For Appellant : Mr.Zaffrulah, Addl.Standing Counsel For Respondent : M/s.A.K.Choudhury, H.K.Panigrahi & J.Dash PRESENT: THE HONOURABLE KUMARI JUSTICE S. PANDA AND THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing :02. 07.2013 | Date of judgment :17. 07.2013 Dr. B.R.Sarangi, J.This appeal has been directed against the order of acquittal dated 20.06.1997 passed by the learned Sessions Judge, Boudh-Kandhamal at Phulbani in S.T.Case No.153 of 1995 acquitting the accused-respondent of the charge under Section 302, IPC and convicting him under Section 323, IPC and sentencing him to undergo R.I. for three months and to pay a fine of Rs.1000/-, in default to undergo further R.I. for a period of one month2. Shorn of unnece...
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