Orissa Court September 2013 Judgments
M/S. Hotel Hans Coco Palms Vs. Sri Milan Das@ Milan Krishna Das
Court: Orissa
Decided on: Sep-20-2013
THE HIGH COURT OF ORISSA : CUTTACK W.A. No.347 of 2012 In the matter of an appeal challenging the judgment dated 25.09.2012 passed by the learned Single Judge in W.P.(C) No.17293 of 2010. -------------M/s. Hotel Hans Coco Palms Appellant Respondent -VersusSri Milan Das @ Milan Krishna Das For Appellant For Respondent : M/s. Biplab Mohanty, T.K.Pattnaik, A.Pattnaik, S.Pattnaik, R.P.Ray, N.S.Rizvi, B.S.Rayagur & U.A.Pattnaik. : In person --------------- PRESENT: THE HONBLE MR. JUSTICE INDRAJIT MAHANTY & THE HONBLE MR. JUSTICE B.N.MAHAPATRA Date of hearing & judgment: 20.09.2013 I. Mahanty, J.The present appeal has been filed by the appellant (M/s. Hotel Hans Coco Palms) challenging the judgment dated 25.9.2012 passed by the learned Single Judge in W.P.(C) No.17293 of 20102. Mr. Pattnaik, learned counsel for the appellant submits that the parties had been directed to seek for Alternative Dispute Resolution pursuant to the order of the learned S.D.J.M., Puri dated 22.6.2013.3. It appears...
Tag this Judgment!Dinabandhu Sahu Vs. Nesco
Court: Orissa
Decided on: Sep-19-2013
W.P.(C) No.19476 o04. 19.09.2013 Heard Sr.Gautam Mishra, learned counsel for the petitioner and Sr.S.C.Das, learned counsel appearing for opposite parties. This writ petition has been filed challenging the spot verification report dated 14.03.2013 under Annexure-1 to the writ petition and illegal action of the opposite parties in disconnecting the electricity supply to the petitioners premises. Learned counsel for the petitioner submits that the opposite parties have forcibly entered into the residential premises of the petitioner and drawn up the Spot Verification Report under Annexure-1, which is factually not correct and even copy of the said report has not been furnished to the petitioner. It is stated that pursuant to such Spot Verification Report, the electricity supply to the petitioners premises has been disconnected. It is further submitted that till date no provisional assessment order has been served on the petitioner. Learned counsel for the opposite parties submits that o...
Tag this Judgment!Labanya Mahapatra Vs. Paban K.Chauhan
Court: Orissa
Decided on: Sep-19-2013
MACA NO.911 OF 200.Misc. Case No.1758 o03. 19.9.2013 This is an application filed by the claimantappellant for condonation of delay of 74 days in filing the appeal. Considering the grounds taken in the application, delay in filing the appeal is condoned. Misc.Case is accordingly disposed of. (S.C.PARIJA, J.) M.A.C.A.No.911 o04. 19.9.2013 Though this matter was listed for orders today, on consent of the learned counsel for the parties, the same is taken up for final disposal. Heard learned counsel for the parties. This appeal by the claimant-appellant is directed against the judgment/award dated 13.4.2007, passed by the learned 3rd Motor Accident Claims Tribunal, Puri, in MAC No.128/776 of 1999/1992, dismissing the claim application. Learned counsel for the claimant submits that as the claim application had been dismissed as against the owner-respondent knowledge of no.1, the which claimant, was not learned within Tribunal the has proceeded to dismiss the claim application by the impugn...
Tag this Judgment!Tankadhar Naik Vs. Rta,kalahandi
Court: Orissa
Decided on: Sep-19-2013
W.P.(C) No.21988 o02. 19.09.2013 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 registered owner of the vehicle bearing Registration not OR-08-D/8812 and not OR-08-D/8813 (Tractor and Trailer) 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 05.10.2013 and undertakes before the opposite party to pay 60% of the penalty amount in three equal consecutive instalments, i.e., by 21.10.2013, 05.11.2013 and 20.11.2013, then on payment of tax and the fiRs.installme...
Tag this Judgment!Sushanta Ku.Majhi Vs. Bdo,kalampur Block
Court: Orissa
Decided on: Sep-18-2013
WPC NO.9730 OF 201.09 WP(C) NO.9730 OF 201.AND MISC.CASE NO.9147 OF 2013. 18.09.2013 Heard learned counsel for the parties. This writ petition has been filed by the elected Panchayat Samiti Member of Bijmara Grama Panchayat in the district of Kalahandi, challenging the order dated 12.04.2013, passed by the learned Civil Judge (Sr.Divn.).Dharamgarh, in Election Case No.12 of 2012, allowing the application of opposite party no.2 and accepting the Registered Adoption Deed and marking the same as Ext.1 and directing the said opposite party no.2 to remain present for his cross- examination in respect of the said document. Learned counsel for the petitioner submits that as the Registered Adoption Deed, which is sought to be introduced after closure of evidence from both sides is beyond the pleadings made in the election petition, learned Civil Judge was not justified in allowing the application of opposite party no.2 and accepting the said document and marking the same as Ext.1. On a perusal...
Tag this Judgment!Dr.Manoj Kumar, Bihar Vs. State of Odisha and Others
Court: Orissa
Decided on: Sep-18-2013
HIGH COURT OF ORISSA: CUTTACK. W.P.(C) No.19825 OF 201.In the matter of an application under Articles 226 and 227 of the Constitution of India. --------Dr. Manot Kumar, aged about 35 years, S/o. Mahendra Prasad Sah, At/P.O. Mirchaibari, P.S. Janaki Nagar, Dist: Purnea, Bihar Petitioner Opp. parties -VersusState of Odisha and others For Petitioner : M/s. G.A.R. Dora, G.R. Dora, J.K. Lenka & P.K. Behera For Opp. Parties : Mr. R.C. Mohanty [For O.Ps. 1 to 4]. ---------P R E S E N T: THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of judgment:18. 09.2013 B.N.Mahapatra, J.This writ application has been filed with a prayer to quash Clause-F of the Guidelines for allotment of candidates for Post-Graduate (Medical) Courses in the Government Medical Colleges of Odisha (for short, State Guidelines.) under Annexure-1 being ultra vires Article 14 of the Constitution of India. Further prayer of the petitioner is to declare the admission made on the basis of Clause-F of the State Guidelines as void...
Tag this Judgment!Udayanath Tripathy Vs. Rto,rourkela
Court: Orissa
Decided on: Sep-18-2013
W.P.(C) No.21853 o02. 18.09.2013 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 registered owner of the vehicle bearing Registration not OR-14-M-1560 (Transport vehicle) 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 30.09.2013 and undertakes before the opposite party to pay 60% of the penalty amount in three equal consecutive instalments, i.e., by 25.10.2013, 20.11.2013 and 10.12.2013, then on payment of tax and the fiRs.installment of the penalty, the ...
Tag this Judgment!Thriveni Earth Mover Vs. Rto,keonjar and ors.
Court: Orissa
Decided on: Sep-18-2013
WP (C) No.21843 o2. 18.9.2013 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 not OR-09-H-7058 and the opposite party no.1 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 03.10.2013 and undertakes before the opposite party no.1 to pay 60% of the penalty amount in three equal consecutive installments, i.e., by 19.10.2013, 04.11.2013 and 19.11.2013, then on payment of tax and the fiRs.installment of the penalty, the petitioners application...
Tag this Judgment!Sunakar Mallick Vs. Rta,chandikhole
Court: Orissa
Decided on: Sep-17-2013
W.P.(C) No.21672 o02. 17.09.2013 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 registered owner of the vehicle bearing Registration not OR-04-K/2903 & not OR-04-K/2904 (Tractor and Trailer) 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 03.10.2013 and undertakes before the opposite party to pay 60% of the penalty amount in three equal consecutive instalments, i.e., by 19.10.2013, 04.11.2013 and 18.11.2013, then on payment of tax and the fiRs.installment...
Tag this Judgment!Subasini Nath Vs. Rta,cuttack
Court: Orissa
Decided on: Sep-17-2013
W.P.(C) No.21674 o02. 17.09.2013 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 registered owner of the vehicle bearing Registration not OR-05-AK/2259 & not OR-05-AK/2260 (Tractor and Trailer) 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 03.10.2013 and undertakes before the opposite party to pay 60% of the penalty amount in three equal consecutive instalments, i.e., by 19.10.2013, 04.11.2013 and 18.11.2013, then on payment of tax and the fiRs.installme...
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