Orissa Court August 2013 Judgments
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Santosh Ku.Rath Vs. Rta,cuttack
Court: Orissa
Decided on: Aug-21-2013
W.P.(C) No.5236 o10. 21.08.2013 Heard learned counsel for petitioner and learned Standing counsel appearing for the Transport Department. This writ petition has been filed challenging the action of the Regional Transport Officer, Cuttack, in not accepting the prescribed form and documents for transfer of the vehicle bearing not OR-05-M/6754 on the ground that there are differential tax and penalty pending against the vehicle. Learned counsel for the petitioner submits that as the petitioner has paid one time tax at the time of the registration of the vehicle on 01.02.2002 for a period of 10 years and admittedly tax has been paid upto 31.03.2013 as per the certified copy filed under Annexure-2 to the writ petition, the demand of differential tax and penalty on the ground that the rate of tax has been enhanced subsequently with effect from 25.02.2005 is not proper and justified. In this regard it is submitted that the change in the rate of tax can not be applied retrospectively. It is f...
Smt. Satyabhama Satpathy and Another Vs. Sri Narana Mishra
Court: Orissa
Decided on: Aug-21-2013
ORISSA HIGH COURT: CUTTACK S.A. O. No.10 OF 200.From a judgment dated 5.4.2004 passed by Shri P.K. Rath, learned Addl. District and Sessions Judge (FTC) Bhadrak in Title Appeal No.54 of 1994 reversing the judgment dated 12.8.1994 passed by Shri K.N. Panigrahi, learned Civil Judge (Senior Division), Bhadrak in T.S. No.81 of 1987-I. -----------Smt. Satyabhama Satpathy and another Appellants -VersusSri Narana Mishra Respondent For Appellants: M/s. P.K. Rath, R.C.Jena & R.N. Parija. For Respondent: M/s. D.K.Mishra, G.K. Nayak & B.Behera. --------------------Decided on 21.08.2012 ---------------------- -----PRESENT: M.M. DAS,J.THE HONOURABLE SHRI JUSTICE M. M. DAS -----------------------------------------------------------------------------The appellants have filed the aforesaid appeal challenging the judgment dated 5.4.2004 passed in T.A. No.54 of 1994 by the learned Additional District Judge (FTC), Bhadrak.2. The facts reveal that the appellants as plaintiffs filed T.S. No.81 of 1987-I ...
Shiva Parida Vs. Rambha Mahananda and Others
Court: Orissa
Decided on: Aug-21-2013
ORISSA HIGH COURT: CUTTACK. W.P.(C). No.13466 OF 200.In the matter of an application under Articles 226 and 227 of the Constitution of India ----------- Shiva Pardia Petitioner Opp. parties -VersusRambha Mahananda & others For Petitioner : M/s. H.S.Mishra, T.K. Sahoo and A.S. Behera. For opp. parties: M/s. N.K. Sahu, B. Swain & N.K.Das (For O.Ps 1,2,3,4,8, 14, 15 and 19.) ------------------------------------ Date of Judgment:21. 08.2013 -----------------------------------PRESENT : THE HONOURABLE SHRI JUSTICE M.M. DAS M. M. DAS, J.This petition has been filed for quashing the order dated 08.01.1999 passed in R.M.C. No.12 of 1995 by the Collector, Sonepur under Annexure-11 and the order dated 2.8.2008 passed in Bhogra Appeal No.1 of 1999 by the Revenue Divisional Commissioner under Annexure-13.2. The case of the petitioner, as averred in the writ petition, in brief, is that an area of Ac. 138.46 decimals of land in Khunti No.1/1 of village Menda under the ex-State of Sonepur was Khama...
Gobinda Soren Vs. State of Odisha
Court: Orissa
Decided on: Aug-21-2013
ORISSA HIGH COURT: CUTTACK JAIL CRIMINAL APPEAL NO.10 OF 200.(From the judgment dated 12.12.2003 passed by the learned Sessions Judge, Mayurbhanj, Baripada in S.T Case No.20 of 2002.) -----------------------Gobinda Soren Appellant -Vs- State of Odisha Respondent ----------------------------- For Appellant For Respondent : M/s. Gyanendra Ch. Swain : Addl. Government Advocate -----------------------------PRESENT: THE HONOURABLE KUMARI JUSTICE S.PANDA AND THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of Judgment :21. 08.2013 S.Panda, J.This appeal has been filed by the appellant challenging the judgment dtd.12.12.2003 passed by the learned Sessions Judge, Mayurbhanj, Baripada in S.T Case No.20 of 2002 convicting the appellant under Section 302 of I.P.C. and sentencing him to undergo imprisonment for life2. The case of the prosecution is that on 15.6.2001 the informant- Mitu Patra along with one Dukhia Marandi-P.W.2 appeared before the Thakurmunda Police Station and reported that P.W.2 tol...
Bishnupriya Dei Vs. Bse,orissa
Court: Orissa
Decided on: Aug-20-2013
W.P.(C) No.25371 o13. 20.08.20131) The petitioner, who is a retired teacher of Secondary Board High School has assailed the action of the Secretary, Board of Secondary Education, Orissa, Cuttack rejecting her representation vide Annexure-4 for grant of pension taking into account the services rendered by her as an Assistant Teacher in Ganeswarpur Girls High School, Ganeswarpur in the district of Puri and to compute the pensionary benefits taking into account the past services rendered by her.2) The case of the petitioner is that after acquiring B.A.B.Ed. she was appointed as an Assistant Teacher in Ganeswarpur Girls High School in the district of Puri on 13.11.1972 and continued there till 23.09.1980. While the matter stood thus, she was selected as an Assistant Teacher in the Secondary Board High School, Cuttack. Pursuant to the same, she joined as an Assistant Teacher in Secondary Board High School, Cuttack on 24.09.1980 after she was relieved from Ganeswarpur Girls High School on 2...
Jitendra Ku.Patasaha Vs. Executive Engineer
Court: Orissa
Decided on: Aug-19-2013
W.P.(C) No.9176 of 2013 Misc. Case No.10874 o8. 19.8.2013 This is an application filed by the intervenors to intervene in the writ petition. Considering the submissions made, the application for intervention is allowed. The intervenors are allowed to participate in the hearing of the writ petition. Misc. Case is accordingly disposed of. S.C.Parija, J. W.P.(C) No.9176 o9. 19.8.2013 Heard learned counsel for the parties. This writ petition has been filed challenging the inaction of the opposite parties in not providing second electricity connection to the 1st floor of the petitioners premises situated in Mouza, Aiginia in Bhubaneswar. Accordingly, a prayer has been made to direct the opposite parties to provide the second electricity connection for domestic purpose to the 1st floor of the petitioners premises. Learned counsel appearing for the opposite parties with reference to the counter affidavit submits that as the land on which the residential house of the petitioner is situated ...
Dinabandhu Tripathy Vs. Cmd,o.P.T.C.L. Andanr;
Court: Orissa
Decided on: Aug-19-2013
W.P.(C) No.20161 o8. 19.8.2013 Heard learned counsel for the parties. This writ petition has been filed seeking a direction to the opposite parties to release the arrear of pensionary benefits to the petitioner in terms of provisions of Rule 42(5) of the Orissa Civil Services Pension Rules, 1992 (OCS (Pension) Rules, 1992, for short).The case of the petitioner is that he was appointed under the Orissa State Electricity Board as Progress Asst. (Clerk-B) in the year 1970 and after completing 28 years of service, he applied for voluntary retirement in terms of Early Voluntary Retirement Scheme (EVRS for short).introduced by GRIDCo.vide its office order dated 25.8.1997. By the office order dated 30.5.1998 (Annexure-2).petitioner was allowed to retire from the service of GRIDCO w.e.f.the afternoon of 30.6.1998. All the retirement dues were paid to the petitioner. It is the case of the petitioner that subsequently a similarly situated employee, namely Parsuram Samal approached this Court in...
Suprava Rani Basantia Vs. Land Acquisition Officer and Others
Court: Orissa
Decided on: Aug-19-2013
ORISSA HIGH COURT: CUTTACK L.A.A. No.84 of 2009 & L.A.A. No.63 of 2009 In the matter of appeals under Section 54 of the Land Acquisition Act. ---------In L.A.A. No.84 of 2009 Suprava Rani Basantia Appellant Respondents -versusLand Acquisition Officer and others For Appellant : For Respondents M/s. K.K. Jena, A.K. Mohapatra & S.N. Das. : Advocate General M/s. Ganeswar Rath, S.Rath & Satyanarayan Mishra. , M/s B.K. Pattnaik, A.G.Gaham & (Res.Nos. 3 to59) In L.A.A. No.63 of 2009 Paradeep Phosphates Limited represented through its General Manager (P&A), Bhubaneswar Appellant -versusThe Land Acquisition Officer, Jagatsinghpur and others For Appellant : Respondents M/s. Ganeswar Rath, S.Rath & Satyanarayan Mishra. , For Respondents : Advocate General M/s. K.K. Jena, A.K. Mohapatra & S.N. Das. 2 PRESENT: THE HONOURABLE KUMARI JUSTICE S. PANDA AND THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing & date of judgment :19. 08.2013 Sanju Panda, J.The appellant in L.A.A. No.84 of 2009 assa...
Paradeep Phosphates Ltd. Rep.Through Its G.M.(Panda;) Vs. the Land Acq ...
Court: Orissa
Decided on: Aug-19-2013
ORISSA HIGH COURT: CUTTACK L.A.A. No.84 of 2009 & L.A.A. No.63 of 2009 In the matter of appeals under Section 54 of the Land Acquisition Act. ---------In L.A.A. No.84 of 2009 Suprava Rani Basantia Appellant Respondents -versusLand Acquisition Officer and others For Appellant : For Respondents M/s. K.K. Jena, A.K. Mohapatra & S.N. Das. : Advocate General M/s. Ganeswar Rath, S.Rath & Satyanarayan Mishra. , M/s B.K. Pattnaik, A.G.Gaham & (Res.Nos. 3 to59) In L.A.A. No.63 of 2009 Paradeep Phosphates Limited represented through its General Manager (P&A), Bhubaneswar Appellant -versusThe Land Acquisition Officer, Jagatsinghpur and others For Appellant : Respondents M/s. Ganeswar Rath, S.Rath & Satyanarayan Mishra. , For Respondents : Advocate General M/s. K.K. Jena, A.K. Mohapatra & S.N. Das. 2 PRESENT: THE HONOURABLE KUMARI JUSTICE S. PANDA AND THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing & date of judgment :19. 08.2013 Sanju Panda, J.The appellant in L.A.A. No.84 of 2009 assa...
New India Assurance Vs. Kai Dei
Court: Orissa
Decided on: Aug-16-2013
W.P.(C) No.3554 o51. 16.08.2013 This writ petition has been filed challenging the order dated 20.10.2001, passed by the 3rd Motor Accident Claims Tribunal, Bhubaneswar, in M.A.C.T.Misc. Case No.201 of 1998, directing the petitioner-Insurance Company to pay interest @12% per annum on the award amount of Rs.1,65,000/- from the date of filing of the claim application i.e.02.09.1998 till deposit of the amount, i.e.28.11.2000. Learned counsel for the petitionerInsurance Company submits that as verification of certain records were necessary with regard to validity of the driving licence, the awarded compensation amount for Rs.1,65,000/- could not be deposited within the stipulated time and the same has been duly deposited on 28.11.2000. In this regard it is submitted that as the delay in depositing the awarded amount was not intentional and there was no latches and wilful negligence on the part of the Insurance Company, the impugned award directing payment of interest be quashed. It attachm...
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