Orissa Court January 2014 Judgments
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Sri Lokanath Mishra Vs. Union of India, Rep.Through Its Secy. Railway ...
Court: Orissa
Decided on: Jan-22-2014
ORISSA HIGH COURT: CUTTACK W.P.(C) Nos. 3033 & 4005 of 2009 & 16706 & 16707 of 2008 (In the matter of an application under Articles 226 and 227 of the Constitution of India) -----------------------In W.P.(C) No.3033 of 2009 Sri Balaram Dhal Petitioner -Vs- Union of India, represented through its Secretary Railway Board, New-Delhi & others. Opp. Parties ----------------------------For Petitioner For Opp. Parties : M/s. J.M.Mohanty, K.C.Mishra, P.C.Moharana, M.Pani & R.K.Ray. : M/s. A.K.Misra, S.K.Ojha, N.R.Pandit, H.M.Das & A.K.Sahoo. (For opposite parties). In W.P.(C) No.4005 of 2009 Sri Saroj Kumar Das Petitioner -Vs- Union of India, represented through its Secretary Railway Board, New-Delhi & others. Opp. Parties ----------------------------For Petitioner For Opp. Parties : M/s. J.M.Mohanty, K.C.Mishra, P.C.Moharana, M.Pani & R.K.Ray. : M/s. A.K.Misra, S.K.Ojha, N.R.Pandit, H.M.Das & A.K.Sahoo. (For opposite parties). 2 In W.P.(C) No.16706 of 2008 Sri Lokanath Mishra Petitioner ...
Sri Kailash Chandra Behera Vs. Union of India, Rep.Through Its Secy. R ...
Court: Orissa
Decided on: Jan-22-2014
ORISSA HIGH COURT: CUTTACK W.P.(C) Nos. 3033 & 4005 of 2009 & 16706 & 16707 of 2008 (In the matter of an application under Articles 226 and 227 of the Constitution of India) -----------------------In W.P.(C) No.3033 of 2009 Sri Balaram Dhal Petitioner -Vs- Union of India, represented through its Secretary Railway Board, New-Delhi & others. Opp. Parties ----------------------------For Petitioner For Opp. Parties : M/s. J.M.Mohanty, K.C.Mishra, P.C.Moharana, M.Pani & R.K.Ray. : M/s. A.K.Misra, S.K.Ojha, N.R.Pandit, H.M.Das & A.K.Sahoo. (For opposite parties). In W.P.(C) No.4005 of 2009 Sri Saroj Kumar Das Petitioner -Vs- Union of India, represented through its Secretary Railway Board, New-Delhi & others. Opp. Parties ----------------------------For Petitioner For Opp. Parties : M/s. J.M.Mohanty, K.C.Mishra, P.C.Moharana, M.Pani & R.K.Ray. : M/s. A.K.Misra, S.K.Ojha, N.R.Pandit, H.M.Das & A.K.Sahoo. (For opposite parties). 2 In W.P.(C) No.16706 of 2008 Sri Lokanath Mishra Petitioner ...
Niranjan Rath Vs. Kishore Ch.Tripathy
Court: Orissa
Decided on: Jan-22-2014
W.A No.532 of 2013 Niranjan Rath & others -vrsKishore Ch. Tripathy Appellants Respondent BEFORE HONBLE THE CHIEF JUSTICE MR.A.K. GOEL HONBLE DR. JUSTICE A.K.RATH 2. For the appellants : For the respondent : 22.1.2014 Mr.B.Baug, Advocate Mr.G.Mukherji, Advocate ORDER (Dr. A.K. Rath, J.) 1. This appeal is directed against the judgment and order dated 25.11.2013 passed by the learned Single Judge in WP(C) No.7650 of 2013 dismissing the writ petition and thereby confirming the order dated 21.3.2013 passed by the learned District Judge, Cuttack in FAO No.113 of 2012. By order dated 21.3.2013, learned District Judge set aside the order dated 29.09.2012 passed by the learned Civil Judge (Senior Division) 1st Court, Cuttack in I.A. No.420 of 2012 and directed that the Executive Council, which is functioning now, shall No.take any policy decision and also any decision having financial implications except meeting day-to-day expenditure of the Servants of the People Society (hereinafter referre...
State and ors.. Vs. Umesh Ch.Sutar
Court: Orissa
Decided on: Jan-22-2014
W.P.(C) No.14817 of 2013 03 22.01.2014 Heard. The petitioners State have challenged the order dated 11.11.2011 passed in O.A.No.348 of 2009 by the learned State Administrative Tribunal, Bhubaneswar. By filing the present writ application on 03.07.2013, i.e., nearly two years after the impugned order was passed only one question has been raised by the petitioner - State that whether the OCS (Pension) Rules, 1992, which was amended by Notification dated 17.09.2005 with retrospective effect from 01.01.2005, can be held to govern the opposite party applicant or No.?. The learned Tribunal, while considering the pleadings of the parties and after hearing learned counsel for the respective parties, as a matter of fact, finding that the opposite party was recruited to the post and joined on 17.02.2005, which was born in a pensionable establishment and by the impugned amendment, his right to get pension is curtailed and referring to a Constitution Bench judgment of the Honble Supreme Court in...
Laxmikanta Kar Vs. Surendra Paul Andors;
Court: Orissa
Decided on: Jan-22-2014
W.A No.365 of 2013 BEFORE HONBLE THE CHIEF JUSTICE MR.A.K. GOEL HONBLE DR. JUSTICE A.K.RATH For the appellant 4. 22.1.2014 : Mr.A.S.Nandy, Advocate. ORDER (Dr. A.K. Rath, J.) Challenging, inter alia, the order dated 11.7.2013 passed by the learned Single Judge, the aforementioned appeal has been filed. By the said order, the learned Single Judge confirmed the order dated 16.03.2013 passed by the learned Civil Judge (Junior Division), Jaleswar in C.S. No.83 of 2005 allowing the application under Order 1 Rule 10(2) of the Civil Procedure Code (in short, the CPC.).2. The appellant as plaintiff laid a suit being C.S. No.83 of 2005 in the court of learned Civil Judge (Junior Division), Jaleswar for declaration of right, title and interest in respect of suit schedule plot, for a declaration that the major settlement R.O.R as illegal and for permanent injunction. In the said suit, the villagers filed an application for impletion of parties. The case of the villagers is that they are using the...
Asit Ch. Mohanty Vs. State and ors.
Court: Orissa
Decided on: Jan-22-2014
W.P.(C) No.12200 OF 2012 12. 22.01.2014 Heard learned counsel for the parties.2. The petitioner, who was respondent No.5 before the learned Orissa Administrative Tribunal, Bhubaneswar in O.A. No.557 of 2005 has challenged the order of the learned Tribunal passed in the said O.A. on 1.3.2012 under Annexure-12 to the writ petition as well as the order dated 10.9.2012 passed in the Review Petition No.4 of 2012 filed by the petitioner seeking review of the order passed in the said O.A.3. By the said order, the learned Tribunal allowed the Original Application filed by the opp. party No.5 herein, as applicant, by directing the respondents- State to rearrange the gradation list making the present opp. party No.5 (applicant in the O.A.) senior to the petitioner, who was respondent No.5 before the learned Tribunal. The leaned Tribunal also quashed the promotion order under Annexure-4 to the O.A. so far as it relates to the present petitioner and directed the respondents State to convene a rev...
Soubhagya Majhi Vs. State
Court: Orissa
Decided on: Jan-21-2014
CRLMC No.154 of 2014 02 21.01.2014 Heard learned counsel for the petitioner and the learned counsel for the State. This application under Section 482 Cr.P.C.has been filed challenging the order dated 04.01.2014, passed by the learned Special Track Court, Jagatsinghpur, in C.T.Case No.17 of 2012, rejecting the petitioners application to call for the original records in G.R.Case No.494 of 2010. On a perusal of the impugned order, it is seen that the learned trial Court has rejected the petitioners application to call for the original records in G.R.Case No.494 of 2010, as no ground has been taken in the petition justifying to call for the said case records. From the records, it reveals that the informantopposite party no.2 filed a complaint petition before the learned J.M.F.C.(P).Kujang, which was registered as ICC No.71 of 2010. Pursuant to the direction issued by the learned Magistrate under Section 156(3) Cr.P.C., FIR was registered as Kujang P.S.Case No.197, dated 19.07.2000, corresp...
William Michael Hurt Vs. State
Court: Orissa
Decided on: Jan-17-2014
HIGH COURT OF ORISSA : CUTTACK CRLMC NO.3358 OF 2013 In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ----------William Michael Hurtubise . . Petitioner -VersusState of Odisha and others . . For petitioner Opp.parties : M/s. S.K.Gajendra, L.Pradhan and D.P.Das For Opp.Parties : Addl.Govt.Advocate PRESENT : THE HONOURABLE SHRI JUSTICE S.C. PARIJ.--------------------------------------------------------------------------------------------------------Date of Judgment: 17th January, 2014 --------------------------------------------------------------------------------------------------------- S.C. PARIJA, J.This application under Section 482 Cr.P.C. has been filed for quashing of the FIR, registered as Bhubaneswar Airfield P.S. Case No.220, dated 18.09.2013, corresponding to C.T.No.3611 of 2013, pending in the Court of the learned S.D.J.M., Bhubaneswar, under Section 25 of the Arms Act and to refund the cash security of Rs.50,000/- deposited by the p...
Manas Kumar Sahu Vs. State
Court: Orissa
Decided on: Jan-17-2014
CRLMC No.1901 of 2013 & Misc. Case No.1316 of 2013 08. 17.1.2014 Heard learned counsel for the parties. This application under Section 482 Cr.P.C.has been filed praying for quashing of the second order of cognizance dated 29.4.2013, passed by the learned J.M.F.C., Basudevpur, in G.R.Case No.138 of 2009 (T.R.No.499 of 2010).taking cognizance against the petitioners under Sections 364/392 I.P.C.The brief facts of the case is that the informant had lodged a written report before the Naikanidihi Police Station, Bhadrak, which was registered as Naikanidihi P.S.Case No.54, dated 27.4.2009, under Sections 342/294/323/ 379/364/506/ 34 I.P.C., alleging therein that on 27.4.2009 the petitioner no.4, who was undertaking the construction work of the informants house as a mason, in order to provide cement, iron rod and other building materials to the informant at a low price, took him in a scooter to Bideipur and from there to Basudevpur and subsequently proceeded to Birusha Chhak. When the petitio...
Subhashree Panigrahi and Others Vs. State of Odisha and Another
Court: Orissa
Decided on: Jan-17-2014
ORISSA HIGH COURT: CUTTACK W.P.(C) NOS.14070 OF 2013, 14076 OF 2013, 14096 OF 2013, 23401 OF 2013, 23449 OF 2013, 23450 OF 2013, 23796 OF 2013, 23847 OF 2013, 13707 OF 2013, 13708 OF 2013, 13784 OF 2013, 13786 OF 2013, 13787 OF 2013, 23923 OF 2013, 25046 OF 2013, 24153 OF 2013, 24172 OF 2013, 24174 OF 2013, 24253 OF 2013, 23400 OF 2013, 23397 OF 2013, 25343 OF 2013, 24420 OF 2013, 25459 OF 2013, 25460 OF 2013, 14167 OF 2013, 24374 OF 2013, 24375 OF 2013, 28002 OF 2013, 23396 OF 2013 AND 27200 OF 2013, (In the matters of applications under Articles 226 and 227 of the Constitution of India) -----------------------W.P.(C) NO.14070 OF 2013 Subhashree Panigrahi and others Petitioners -Vs- State of Odisha and another For Petitioners Opp. Parties ----------------------------: M/s.Shashanka Shekhar Patra, M.K.Sahoo, G.N.Padhi, S.K.Mishra, B.K.Sahoo and N.R.Mohanty For Opp. Parties : Standing Counsel for School and Mass Education Department -----------------------------W.P.(C) NO.14076 OF 201...
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