Orissa Court November 2014 Judgments
Jyotshna Rani Mohanty Vs. State
Court: Orissa
Decided on: Nov-29-2014
W.P.(C) No.19341 of 2014 6. 29.11.2014 In this writ application, the petitioner has prayed for quashing of order dated 25.9.2014 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.3015(C) of 2014 under Annexure-9 and order dated 20.9.2014 passed by the Director, Secondary Education, Odisha under Annexure-8.2. Heard Mr. K.P. Mishra, learned counsel for the petitioner and Mr. Samal, learned Standing Counsel for the School Mass Education Department-opposite party nos.1 to 3.3. The short facts in the present case are as follows; On recommendations of DPC held on 17.01.2014, in accordance with Education Rule 18 of the Orissa Sub-ordinate (Method of Recruitment and Conditions of Services), 1993, the petitioner along with others was provisionally promoted and posted in the High Schools noted against each in the rank of Senior SES Headmasters. The petitioner was posted at Raghunath Bidyapitha, Soro vide Annexure-3 in the rank of Senior SES Headmasters. A perusal of...
Tag this Judgment!State of Orissa Through the Collector Cuttack and an Vs. Orissa Olympi ...
Court: Orissa
Decided on: Nov-29-2014
1 ORISSA HIGH COURT; CUTTACK FIRST APPEAL No.158 OF 2001 From a judgment and decree dated 16.4.1999 and 21.4.1999 respectively passed by Shri B.K. Dash, learned Ist Additional Civil Judge (Senior Division), Cuttack in T.S. No.312 of 1991. ----------------------State of Orissa, through the Collector, Cuttack and another. Appellants -VersusOrissa Olympic Association, through Hony. General Secretary and others. Respondents For appellants. Addl. Government Advocate For respondents: M/s. B.H.Mohanty, Sr. Advocate, D.P. Mohanty, J.K. Bastia, B.Das, R.K. Nayak, S.C.Mohanty & T.K.Mohanty. (for respondent no.1) M/s. D.Mohapatra, M.Mohapatra G.R.Mohapatra & A.Dash (for respondent nos.2 to5) -------------------Date of judgment: 29 .11.2014. -------------------PRESENT; THE HONOURABLE SHRI JUSTICE B.P.RAY. B.P.RAY, J.This is an appeal under section 96 of the Code of Civil Procedure by the defendants challenging the judgment and decree dated 16.4.1999 and 21.4.1999 respectively passed in T.S. No.3...
Tag this Judgment!Laxmidhar Das Vs. State of Orissa and Others
Court: Orissa
Decided on: Nov-28-2014
ORISSA HIGH COURT: CUTTACK RVWPET NO.49 OF 2007 From the order dated 05.05.2005 passed by this Court in O.J.C. No.13273 of 2001. Laxmidhar Das Petitioner -versusState of Orissa & others For Petitioner : Opposite Parties M/s. S.S. Das, R. Sahoo, K.Ch. Mohapatra & J.K. Swain. For Opp. Parties : Mr. B.P. Pradhan, Addl. Government Advocate. (for opposite party nos.1 to3) : Mr. T. Pattnaik & S. Pattnaik. (for opposite party no.5) : M/s. A.P. Bose, R.K. Mohanty, M. Pradhan, S.K. Mohanty & N. Hota. (for opposite party nos.6 to12) P R E S E N T: THE HONOURABLE SHRI JUSTICE PRADIP MOHANTY AND THE HONOURABLE SHRI JUSTICE BISWAJIT MOHANTY ------------------------------------------------------------------------------------------------------ Date of Judgment:28 .11.2014 ------------------------------------------------------------------------------------------------------- B. Mohanty, J.This Review Petition has been filed by one Laxmidhar Das, who was opposite party no.5 in OJ.No.13273 of 2001, wi...
Tag this Judgment!M/S. Srinivas Traders Vs. State of Odisha Rep. by Commnr. of C.Taxes, ...
Court: Orissa
Decided on: Nov-26-2014
HIGH COURT OF ORISSA: CUTTACK. W.P.(C) No.11723 OF 2011 In the matter of an application under Articles 226 and 227 of the Constitution of India. ----------- M/s Srinivas Traders Petitioner -VersusState of Odisha represented by Commissioner of Commercial Taxes, Odisha and others. Opp. parties For Petitioner : M/s. Damodar Pati, S.K.Mishra & R.S.Das For Opp. Parties : Mr. R.P.Kar (Standing Counsel) -----------P R E S E N T: THE HONOURABLE MR. JUSTICE I.MAHANTY AND THE HONOURABLE MR. JUSTICE B.N. MAHAPATRA Date of Judgment: 26.11.2014 B.N. MAHAPATRA, J.This writ petition has been filed with a prayer to quash the order dated 11.08.2010 (Annexure-1) passed by opposite party No.2-Orissa Sales Tax Tribunal, Cuttack (for short, the Tribunal) in S.A. No.1539/2004-05 pertaining to the year 2002-03 on the ground that the said order suffers the vice of perversity as the grounds No.taken either by the petitioner or by opposite party No.1-Commissioner of Commercial Taxes, Odisha, Cuttack have been...
Tag this Judgment!M/S.Chandrika Sao Rep.Through Its Prop. Sri Chandr Vs. Sales Tax Offic ...
Court: Orissa
Decided on: Nov-26-2014
HIGH COURT OF ORISSA: CUTTACK. W.P.(C) NO.165 OF 2009 In the matter of an application under Articles 226 and 227 of the Constitution of India. ----------- M/s. Chandrika Sao, represented through its proprietor Sri Chandrika Sao ... Petitioner ... Opp. parties -VersusSales Tax Officer, Balasore Range, Balasore and another For Petitioner For Opp. Parties : M/s. Prakash Ku. Jana & S.C. Sahoo : Mr. R.P. Kar, Standing Counsel P R E S E N T: THE HONOURABLE SHRI JUSTICE I.MAHANTY AND THE HONOURABLE SHRI JUSTICE B.N. MAHAPATRA Date of Judgment: 26.11.2014 B.N. MAHAPATRA, J.This writ petition has been filed with a prayer for quashing the order of assessment dated 18.6.2008 (Annexure-1) passed by opposite party No.2-Assessing Authority under Section 42 of the Orissa Value Added Tax Act, 2004 (hereinafter referred to as OVAT Act.) for the tax period from 1.4.2005 to 30.11.2006 on the ground that the said order is barred by limitation and has been passed without complying with the statutory requir...
Tag this Judgment!Agarwal Coal Corporation Private Limited and Another Vs. Paradip Port ...
Court: Orissa
Decided on: Nov-25-2014
ORISSA HIGH COURT, CUTTACK. W.P.(C) No.8256 of 2014 An application under Articles 14, 16, 19(i)(g) and 300-A of the Constitution of India. ---------- Agarwal Coal Corporation Private Limited & another Petitioners Versus Paradip Port Trust, At-Paradip, Dist.-Jagatsinghpur, & others Opposite Parties For Petitioners : M/S.Pitambar Acharya, S. Rath, B.K.Jena, J. Parida. For Opp. Parties No.(1 to3) : M/s.G.Mishra, D.K.Patra, A. Dash. ---------- PRESENT : THE HONOURABLE Mr.JUSTICE BISWANATH RATH --------------------------------------------------------------------------------------------------- Date of hearing: 19 .11 .2014 Date of Judgment : 25.11.2014 --------------------------------------------------------------------------------------------------- Biswanath Rath, J. By filing this writ petition, petitioners seek for quashing of the impugned order vide Annexure-1 and the impugned letter vide Annexure-6. Petitioners also seek a restrain order against the opposite parties No.1 to 3 by rest...
Tag this Judgment!Sandeep @ Raja Vs. State
Court: Orissa
Decided on: Nov-24-2014
CRLA NO 28 OF 2011 22 24.11.2014 This appeal was specifically fixed for today at the request of Sr.H.S.Mishra, learned advocate. Today, a memo has been moved by Sr.H.S.Mishra, learned advocate which reads thus ;.MEMO Since Mr.Narasingha Mishra has become Leader of the opposition party, his appearance in the appeal my be ignored. Shri H.S.MIshra, Advocate, having appeared as an associate of Mr.Narasingha Mishra to assist him in the appeal, his appearance may also be ignored. As the mother of the appellant is seriously ill, and has undergone operation, the appellant being in custody, No.able to give proper instruction, through the appellant desired to engage Shri H.S.Mishra, he is unable to instruct him to proceed with the appeal. Hence otherwise his appearance may be ignored. Cuttack, 24.11.2014 H.S.Mishra. ADVOCATE The aforesaid memo filed today is taken on record and will form part of the record. This appeal has got a chequered history. It has been reverted back from the Apex Court an...
Tag this Judgment!Sri Subrat Das and Another Vs. State of Orissa and Others
Court: Orissa
Decided on: Nov-21-2014
HIGH COURT OF ORISSA: CUTTACK W.P.( C) No.11458 of 2014 In the matter of an application under Articles 226 and 227 of the Constitution of India. ------------- Sri Subrat Das and another . Petitioners Versus State of Orissa and others . Opposite parties For Petitioners -- Mr.Ashok Mohanty, Sr. Advocate For Opposite parties -- Mr.R.K.Mohapatra, Government Advocate Mr.D.Panda, Advocate (For OP. no.3) PRESENT: THE HONOURABLE DR. JUSTICE A.K.RATH AND THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of Hearing 21.11..2014 Dr.A.K.Rath, J.: Date of Judgment: 21.11.2014 The petitioners, styling as devotees of Lord Jagannath Mahaprabhu, have filed this Public Interest Litigation, raising the issue 2 as to who are authorized to climb atop the Raths (Chariots) and touch the deities during Car Festival.2. Shorn of unnecessary details, the case of the petitioners is that they are Hindus by religion and devotees of Lord Jagannath Mahaprabhu. A few unfortunate incidents occurred during the Car Festivals of...
Tag this Judgment!Dredging and Desiltation Co. Pvt. Ltd. Vs. Board of Trustees of Paradi ...
Court: Orissa
Decided on: Nov-21-2014
IN THE HIGH COURT OF ORISSA : CUTTACK MISC. CASE No.33 OF 2013 (Arising out of ARBP No.25 of 2007) Dredging & Desiltation Co. Pvt. Ltd. .. Petitioner -VersusBoard of Trustees of Paradip Port Trust .. Opp.Party. For the petitioner Mr. S.K.Acharya, For the opp.party Mr. S.P.Sarangi PRESENT: THE HONOURABLE CHIEF JUSTICE MR. AMITAVA ROY ---------------------------------------------------------------------------------------Date of hearing : 14.11.2014 Date of Judgment : 21.11.2014 ------------------------------------------------------------------------------- AMITAVA ROY, C.J.Heard Mr. S.K.Acharya, learned counsel for the applicant-M/s. Dredging & Desiltation Co. Pvt. Ltd. and Mr. S.P.Sarangi, learned counsel for the opposite party-Board of Trustees of Paradip Port Trust(for short referred to also as PPT/Board).2. A brief outline of the factual backdrop is essential, more particularly as the instant application has been filed in ARBP No.25 of 2007 registered under Section 11 of the -2- Ar...
Tag this Judgment!Binaya Kumar Nayak and Others Vs. State of Orissa and Others
Court: Orissa
Decided on: Nov-18-2014
ORISSA HIGH COURT: CUTTACK W.P.(C) No.19505 of 2008 In the matter of an application under Articles 226 of the Constitution of India. ---------Binaya Kumar Nayak and others Petitioners -versusState of Orissa and others For Petitioners For Opp.Parties : : Opp. Parties M/s. N.C.Mohanty, C.R.Satapathy, & P.M.Behera Mr. P.K.Sahoo & associates (for Opp.Party No.6) Mr.H.S.Mohanty & associates (for Opp.Party nos.23,4,5,7,8 &9) Mr.S.Das, Addl.Standing Counsel (for Opp.Party no.1) PRESENT: THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing: 12.11.2014| Date of judgment :18.11.2014 Dr. B.R.Sarangi, J.The petitioner nos.1 and 2, who were working as Tax Collectors and petitioner no.3, who was working as Orderly Peon in the Notified Area Council, Kamakhyanagar, have filed this petition challenging their disengagement order dated 29.9.1995 (Annexure7) and the order dated 25.1.2008 (Annexure-8) appointing the opposite parties 3 to 5 against the vacant posts of Tax Collectors and opposite party n...
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