Orissa Court February 2014 Judgments
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Dudugu Hembram Vs. State of Orissa
Court: Orissa
Decided on: Feb-14-2014
HIGH COURT OF ORISSA, CUTTACK JAILCRIMINAL APPEAL No.14 OF 2002 From the judgment dated 10.09.2001 passed by Smt. Basanti Devi, Additional Sessions Judge, Baripada in S.T.No.9/80 of 2000. Dudugu Hembram Appellant Versus. State of Orissa Respondent For Appellants : Mr.Rabindranath Nayak. For Respondent : Mr.S.K.Nayak. Additional Government Advocate. PRESENT : THE HONBLE Mr.JUSTICE D.DASH ------------------------------------------------------------------------------------------------------Date of hearing : 24.01.2014 : Date of judgment : 14.02.2014 This Jail Criminal Appeal has been preferred challenging an order of conviction and sentence passed by the learned Additional Sessions Judge, Baripada in S.T.Case No-9/80 of 2000. The appellant having faced trial for offence U/s.366/376(2) (f) and 506 of I.P.C has been convicted for offence under Section 366 of I.P.C while being acquitted of the other charges followed by sentence of rigorous imprisonment for a period of 5 years and payment...
Matree Sansad Vs. State and ors.
Court: Orissa
Decided on: Feb-13-2014
W.P.CRL. No.778 of 2013 Present : 10. 13.02.2014 Mr.Ajaya Mohanty, Adv.for the petitioner. Mr.S.Das, Addl. Govt. Advocate for State. This petition seeks direction to take steps for proper investigation into the death of Laxmipriya Patra, who was raped and murdered on 5th June, 2013 and to give compensation, employment and plot to the family members of the deceased. According to the averments in the petition, the petition has been filed as Public Interest Litigation by the petitioner-society in respect of tragic incident in question, which was widely published in newspapeRs.The petitioner filed representation before the RDC (CD).Cuttack wherein the RDC asked the Superintendent of Police, Puri for immediate action. When there was failure on the part of the local police in conducting the proper investigation and failure on the part of the government in rehabilitating the family of the deceased, this petition has been filed. Vide order dated 12.12.2013, this Court asked the learned Addl. G...
M/S Aic Resources(P) Vs. Chairman,paradip Po
Court: Orissa
Decided on: Feb-12-2014
W.P.(C) No.21371 of 2011 Present : Mr.B.S.Tripathy-1, Advocate for the petitioner. Mr.Goolam E. Vahanvati, Attorney General, for the opposite parties. 03. 12.02.2014 This petition seeks quashing of the order dated 5.8.2011, Annexure-15, passed by the Paradip Port Trust deciding to cancel the iron ore storage plot no.G-6 allotted to the petitioner. It is No.disputed that the issue raised in the petition is No.covered by the judgment of Honble apex Court dated 17.12.2013 in Civil Appeal No.11229 of 2013 (Yazdani International P. Ltd.V.Auroglobal Comtrade P. LTD.& Ors.) laying down as follows: We see no reason to interfere with the decision of the Board to terminate the licences for the following reasons Firstly, a licence does No.create any indefeasible legal right. Secondly, we do No.see any irrationality in the decision of the Board, even from the point of view of the fact that the Board is a public body (the State within the meaning of Article12) and therefore, obliged to act rationa...
Sailendranath Mallic Vs. District Transport M
Court: Orissa
Decided on: Feb-12-2014
W.A.No.451 of 2013 Present : 02. 12.02.2014 Mr.S.B.Mohanty, Advocate for the appellant. This appeal has been preferred against the order of the learned Single Judge in so far as it relates to denial of back wages to the extent of 50%. The appellant was employed as a Driver with the Orissa State Road Transport Corporation. He was appointed on 13.04.1982 for 35 days in a leave vacancy, but allowed to continue upto 20.2.1987. He was retrenched from service against which, he raised an industrial dispute. The same was referred to adjudication to the labour court. The labour court held that termination of service of the appellant was in violation of Section 25-F of the Industrial Disputes Act. On that ground, he was held entitled to reinstatement with back wages. Against the award of the labour court, the opposite party-Orissa State Road Transport Corporation, moved this Court under Article 226 of the Constitution and pressed the matter only with regard to back wages. Learned Single Judge ha...
Pravat Ku.Pradhan Vs. State
Court: Orissa
Decided on: Feb-12-2014
W.A.No.13 of 2013 W.A.Nos.13, 14 and 26 of 2013 Present: Mr.R.C.Sarangi, Advocate for the petitioneRs.Mr.P.K.Mohanty, Sr.Advocate for opposite party no.1. Mr.D.Panda, Addl.Govt. Advocate 11 12.2.2014 This order will dispose of W.A.Nos.13, 14 and 26 of 2013 as all the appeals are between the same parties and arise out of the same proceedings. The appellant was declared elected as Sarapanch of the Grama Panchayat. The same was called in question by the private opposite party, who was one of the candidates. After the trial, the trial court accepted the election petition declared the election of the appellant void and the election petitioner to be duly elected. The appellant thereafter preferred appeal, which is pending before the appellate court. Aggrieved by the order of the appellate court vacating stay, initially granted to the appellant, the appellant approached this Court under Article 226 of the Constitution. Learned Single Judge initially granted stay, but since on the same day, th...
Pravat Ku.Pradhan Vs. Bijayananda Bairigan
Court: Orissa
Decided on: Feb-12-2014
W.A.No.13 of 2013 W.A.Nos.13, 14 and 26 of 2013 Present: Mr.R.C.Sarangi, Advocate for the petitioneRs.Mr.P.K.Mohanty, Sr.Advocate for opposite party no.1. Mr.D.Panda, Addl.Govt. Advocate 11 12.2.2014 This order will dispose of W.A.Nos.13, 14 and 26 of 2013 as all the appeals are between the same parties and arise out of the same proceedings. The appellant was declared elected as Sarapanch of the Grama Panchayat. The same was called in question by the private opposite party, who was one of the candidates. After the trial, the trial court accepted the election petition declared the election of the appellant void and the election petitioner to be duly elected. The appellant thereafter preferred appeal, which is pending before the appellate court. Aggrieved by the order of the appellate court vacating stay, initially granted to the appellant, the appellant approached this Court under Article 226 of the Constitution. Learned Single Judge initially granted stay, but since on the same day, th...
M.C.,o.S.C.M.F.Ltd.. Vs. Renupriya Ray
Court: Orissa
Decided on: Feb-12-2014
WA No.268 of 2013 Present : Mr S.K.Patnaik, Advocate for the appellant Mr A. Swain, Advocate for the respondents 04. 12.02.2014 This appeal has been preferred against the order of the learned Single Judge upholding the order of the Labour Court under Section 33-C (2) of the I.D.Act, 1947. The workman was employed as Assistant Secretary in the Regional Co-operative Marketing Society, Bargarh w.e.f.15.07.1969. He was dismissed from service on 24.08.1976 after departmental enquiry. He raised Industrial Dispute after ten years which was referred for adjudication. The Labour Court vide award dated 27.07.1991 upheld the claim of the workman and held that the workman was entitled to reinstatement and full back wages and service benefits with seniority. Accordingly, the workman was reinstated on 25.05.1992 and joined as Godown Manager. While working as such, he retired from service on 30.04.2001. Thereafter, he filed an application under Section 33C (2) of the I.D.Act, 1947 claiming higher sal...
Pravat Ku.Pradhan Vs. Collector,nagayagarh
Court: Orissa
Decided on: Feb-12-2014
W.A.No.13 of 2013 W.A.Nos.13, 14 and 26 of 2013 Present: Mr.R.C.Sarangi, Advocate for the petitioneRs.Mr.P.K.Mohanty, Sr.Advocate for opposite party no.1. Mr.D.Panda, Addl.Govt. Advocate 11 12.2.2014 This order will dispose of W.A.Nos.13, 14 and 26 of 2013 as all the appeals are between the same parties and arise out of the same proceedings. The appellant was declared elected as Sarapanch of the Grama Panchayat. The same was called in question by the private opposite party, who was one of the candidates. After the trial, the trial court accepted the election petition declared the election of the appellant void and the election petitioner to be duly elected. The appellant thereafter preferred appeal, which is pending before the appellate court. Aggrieved by the order of the appellate court vacating stay, initially granted to the appellant, the appellant approached this Court under Article 226 of the Constitution. Learned Single Judge initially granted stay, but since on the same day, th...
Rabinarayan Behera Vs. State and ors.
Court: Orissa
Decided on: Feb-11-2014
W.P.(C) No.15166 of 2013 Present : Ms Jaydeep Pal, Advocate for the petitioneRs.Mr D. Panda, Addl. Govt. Advocate. 04. 11.02.2014 This petition seeks quashing of letter dated 7.6.2013 (Annexure-18) Commissioner, Odisha to issued the by the Collector, Excise Sundargarh directing re-location of IMFL Off Shop from Jarda village to Tuniapali village. The petitioners belong to Tuniapali village and rely upon order of the Collector dated 15.3.2013 (Annexure-17) holding that if the licencee at Jarda village is No.to run the shop at Jarda, that was no ground to shift the same to Tuniapali village without considering the objections of the said villageRs.The Commissioner observed that continuing of IMFL Off Shop at Jarda village was objected to and, therefore, it was No.being recommended to continue the same at Jarda village after the year 2013-14. In view of the objection of Jarda Gram Panchayat under Section 26(A) of the Bihar and Odisha Excise Act, 1915, the shop may be shifted to Tuniapali v...
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