Orissa Court August 2013 Judgments
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Suraj Products Ltd. Vs. State
Court: Orissa
Decided on: Aug-16-2013
W.P.(C) No.3534 o51. 16.08.2011 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...
Khulana Sundari Behu. Vs. R.T.A.-cum-t.A.,cha
Court: Orissa
Decided on: Aug-14-2013
W.P.(C) No.18671 o2. 14.8.2013 Heard learned counsel for the petitioner and learned Standing counsel for the Transport Department. It is submitted by the learned counsel for the petitioner that the petitioner is the registered owner of the vehicle bearing Registration No.OR-04-A/0879 (Tractor) and OR-04-A/0880 (Trailer) and the opposite party is No.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 29.08.2013 and undertakes before mp the opposite party to pay 60% of the penalty amount in three equal consecutive installments, i.e., by 13.9.2013, 28.09.2013 and 15.10.2013, then on payment of tax and the fiRs.installment of the penalty,...
Bansidhar Sethi and Others Vs. Kusuma Dei and Others
Court: Orissa
Decided on: Aug-14-2013
ORISSA HIGH COURT: CUTTACK. R.S.A. NOS. 557 AND 55.OF 200.From a common judgment and decree dated 5.10.2004 and decree dated 16.10.2004 respectively by Shri D.Dash, learned Ist Addl. District Judge, Cuttack in T.A. Nos. 25 and 95 of 2000 reversing the judgment and decree dated 25.2.2000 and 20.3.2000 respectively passed by Shr M.D. Pradhan, learned Civil Judge (Junior Division) Ist Court, Cuttack in T.S. No.147 of 1997. ----------In both the cases. Bansidhar Sethi and others Appellants -VersusKusuma Dei and others For appellants Respondents : M/s. B.H.Mohanty, Sr. Advocate, R.K.Nayak, D.P.Mohanty, T.K.Mohanty & S.Burma. For opp. parties: M/s. S.P.Mishra, Sr. Advocate, S. Mishra, S.Dash, S.K.Mohanty, S.Mishra, B.S. Panigrahi, B.Mohapatra, S.S.Khshyap & S.Nanda. ----------------------------Date of judgment:14. 8.2013 -----------------------------PRESENT : THE HONOURABLE SHRI JUSTICE M.M. DAS M. M. DAS, J.Both these appeals arise out of a common judgment dated 5.10.2004 passed by the le...
Braja Sundar Nanda Vs. Pravabati Kar and Others
Court: Orissa
Decided on: Aug-14-2013
ORISSA HIGH COURT: CUTTACK. W.P.(C) No.14123 OF 201.In the matter of application under Articles 226 and 227 of the Constitution of India ----------Braja Sundar Nanda Petitioner -VersusPravabati Kar and others. For Petitioner : For opp. parties: ... Opp. Parties. M/s. Goutam Mukherji, P.Mukherji, A.C. Panda, S.D. Ray and S.Mishra. . Mr. B.H.Mohanty, Sr. Advocate. ----------------------Decided on 14.08.2013 -------------------------------PRESENT : THE HONOURABLE SHRI JUSTICE M.M. DAS M. M. DAS, J.This writ petition has been filed by the defendant No.1 in C.S. No.654 of 2011-I pending before the learned Civil Judge (Senior Division), First Court, Cuttack against the order passed by the said court on 27.7.2012.2. The opp. party No.1 filed the aforementioned suit seeking a decree for specific performance of contract directing the defendants 1 to 7 to execute and register a sale deed in her favour in respect of the suit land described in Schedule-A, as delineated Schedule C, of the in the ...
Management,d.F.O. Vs. Arakhita Ch.Samanta
Court: Orissa
Decided on: Aug-14-2013
W.P.(C) No.6162 o14. 14.08.2013 Heard learned counsel for the parties. This writ petition has been filed by the Management challenging the award dated 07.11.2003, passed by the Labour Court, Bhubaneswar, in I.D.Case No.24 of 1993, holding the termination of the services of the workman-opposite party with effect from 10.08.1991 by the petitioner-Management, is neither legal No.justified and directing reinstatement of the workman with a lump sum amount of Rs.5,000/- in lieu of the back wages. Learned counsel for the State appearing for the petitioner-Management submits that as the opposite partyworkman was engaged as Depot Agent under the Management under a scheme, which was winded up with effect from March, 1991 and the said work was assigned to Orissa Forest Development Corporation Limited, there was no possibility on the part of the Management to re-engage the workman under the said scheme in the establishment of the Management. It is further submitted that two other employees, who w...
Jagannath Meher Vs. State of Odisha
Court: Orissa
Decided on: Aug-14-2013
ORISSA HIGH COURT: CUTTACK CRIMINAL APPEAL NO.51 OF 200.(From the judgment dated 29.11.2003 passed by the learned Ad hoc Addl. Sessions Judge, (F.T.C), Gunupur in C.T No.40 of 2002.) -----------------------Jagannath Meher Appellant -Vs- State of Odisha Respondent ----------------------------- For Appellant For Respondent : M/s. Satyabrata Mohanty, S.K.Das, and S.C.Mohapatra : Addl. Standing Counsel -----------------------------PRESENT: THE HONOURABLE KUMARI JUSTICE S.PANDA AND THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of Judgment :14. 08.2013 S.Panda, J.This appeal has been filed by the appellant challenging the judgment dtd.29.11.2003 passed by the learned Ad hoc Addl. Sessions Judge, F.T.C, Gunupur in C.T No.40 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 12.4.2002 the informant- P.W.5 who is the son of the deceased-Purushottam Patra of Village - Bissam Cuttack made a writ...
Cifa Shramik Sangha Vs. D.G.,icar
Court: Orissa
Decided on: Aug-14-2013
WPC NO.4560 OF 201.05 14.08.2013 WPC NO.4560 OF 201.AND MISC.CASE NOP.4435 OF 2013. Heard learned counsel for the parties. This writ application has been filed praying for a direction to the opposite parties, more particularly opposite party no.3 to frame necessary scheme in order to absorb the left out employee in regular post keeping in view their past service experience and length of service at an early date, as had been observed by this Court in its order dated 24.07.2008, passed in W.P.(C) No.12054 of 2003 as per Annexure-1. Learned counsel for the petitioner files copy of the Annual Report 2012-13 in Court today to show that there are 24 vacant posts in respect of Skilled Support Staff (SSS) but no action is being taken to fill up the same. Learned counsel for the opposite parties has filed an affidavit in Court today and in paragraph-4 of the said affidavit it has been stated that steps have been taken by the Director, CIFA- opposite party no.3 to fill up the vacant posts of Ski...
Dr. Sunil Kumar Kar Vs. State of Odisha and Others
Court: Orissa
Decided on: Aug-14-2013
HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.17191 of 2013 In the matter of an application under Articles Constitution of India. ---------- 226 and 227 of the Dr. Sunil Kumar Kar, aged about 36 years, S/o. Harisankar Kar, At: Sauranagar, Ufula, P.O. Biramaharajpur, Dist: Sonepur, at present working as Medical Officer, Class-I (Jr.) CHC, Biramaharajpur, Dist: Sonepur. Petitioner -VersusState of Odisha and others. Opp. Parties For Petitioner : M/s. Sisir Kumar Purohit, K.M.H. Niamati & A.K. Das For Opp. Parties : Mr. R.C. Mohanty, [for O.P.-P.G. Medical Council & MCI]. ---------- P R E S E N T: THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of Judgment:14. 08.2013 B.N. Mahapatra, J.This writ petition has been filed with a prayer to direct opposite party No.1-State of Odisha, represented by the Secretary in the Department of Health & Family Welfare, Bhubaneswar and opposite party No.2-Convenor, P.G. Medical/Dental Counseling Committee, SCB Dental College & Hospital, Cuttack to include the p...
Bijay Ku.Pradhan Vs. Rta,keonjhar
Court: Orissa
Decided on: Aug-13-2013
W.P.(C) No.18508 o02. 13.08.2013 Heard learned learned Standing counsel for the petitioner and 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 Nos.OR-09-J-5206 and OR-09-J-5207 (Tractor and Trolley) 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 29.08.2013 and undertakes before the opposite party to pay 60% of the penalty amount in three equal consecutive instalments, i.e., by 13.09.2013, 28.09.2013 and 15.10.2013, then on payment of tax and the fiRs.instalment of the penalt...
Dr.Leesa Misra Vs. State
Court: Orissa
Decided on: Aug-13-2013
W.P.(C) No.12670 o07. 13.08.2013 Heard learned counsel for the petitioner and learned counsel for the State and Sr.P.K.Mohanty, learned Senior counsel appearing for Cuttack Municipal Corporation. This writ petition has been filed praying for a direction to the Cuttack Municipal Corporation to pay the arrear salary of the petitioner as due and admissible from 26.03.2001 to 28.07.2003. Learned counsel for the petitioner has referred to the communication of the State Government dated 03.10.2002 under Annexure-13 to the writ petition, wherein the Executive Officer, Cuttack Municipal Corporation had been requested to pay the salary of the petitioner by accepting her joining report from the date of her joining and to report compliance. It is submitted that the joining report of the petitioner has been accepted and she had been allowed to work as Medical Officer by the Cuttack Municipal Corporation from 26.03.2001 to 28.07.2003, as per Annexure-2 to the writ petition. It is accordingly submi...
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