Orissa Court July 2014 Judgments
Jyoti Patnaik Vs. State Bank of India and Others
Court: Orissa
Decided on: Jul-26-2014
W.P.(C) No.8795 of 2008 21. 26.7.2014 In this writ petition, the petitioner has made prayer to declare the action of the opposite parties who represent State Bank of India in rejecting the petitioners claim for extending the benefit of ex-gratia compensation to be illegal, arbitrary, mala fide and contrary to the provisions of the relevant scheme; and to direct the opposite parties to pay ex-gratia amount immediately. Petitioners husband late Purna Chandra Patnaik while working as Senior Assistant in the State Bank of India, Koraput Branch died in harness on 25.1.2004 leaving behind his wife-the petitioner, and two daughters. In accordance with the provisions of the scheme prevailing during that period, the petitioner filed application dated 14.6.2004 for compassionate appointment. Petitioners case is that when the application for compassionate appointment was still pending consideration, State Bank of India introduced a new scheme in the name and style of The Scheme for Payment of Ex-...
Tag this Judgment!Dharani Pradhan and Another Vs. State of Orissa
Court: Orissa
Decided on: Jul-25-2014
ORISSA HIGH COURT: CUTTACK. BLAPL No.7046 OF 2014 In the matter of an applications under Section 438 of the Code of Criminal Procedure. ----------- Dharani Pradhan & another Petitioners Opp. Party -VersusState of Orissa For Petitioners : For Opp. Party : M/s. A.P. Bose, N.Hota and Mrs.V.Kar, M/s.J.P. Patra, Addl.Standing Counsel S. S. Kanungo, Addl.Standing Counsel --------------------------------Date of order: 25.07.2014 --------------------------------PRESENT : THE HONOURABLE SHRI JUSTICE S.K.SAHOO S.K.Sahoo, J.This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Subalaya P.S. Case No.18 of 2014 corresponding to G.R. Case No.58 of 2014 pending in the Court of learned SDJM, Birmaharajpur for alleged commission of offences under Sections 376(2)(h)/294/323/34 of the IPC read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(1) (xii) of the Scheduled Castes and Scheduled Tribes (Pre...
Tag this Judgment!Davian Parents Association and Others Vs. State of Orissa and Others
Court: Orissa
Decided on: Jul-24-2014
ORISSA HIGH COURT:CUTTACK W.P.(Civil) NO.8349 OF 2014 In the matter of an application under Articles 226 and 227 of the Constitution of India. -------DAVIAN Parents Association & Others Petitioners Versus State of Orissa and Others Opp. parties For petitioners - M/s. R.K. Rath, M.K. Sahoo, R.N. Mishra, P.K. Dhal, S. Pattnaik, S. Mohapatra & S.K. Rath. For opp. Parties - Mr. A.K. Pandey, Standing Counsel (For O.Ps.1 to4) M/s. P. Panda, B.B. Mohanty For opposite party no.5. M/s. A.K. Parija, S.K. Padhi, S.P.Sarangi, P.P. Mohanty, D.K. Das, P.K. Dash, A Patnaik & B.P. Dash (For O.Ps.6 to9) -------- PRESENT:THE HONBLE DR. JUSTICE B.R. SARANGI --------------------------------------------------------------------------------------Date of hearing: 16.07.2014 : Date of judgment : 24.07.2014 --------------------------------------------------------------------------------------DR. B.R. SARANGI, J.Challenging the hike of fee structure made by the Management of different DAV Public Schools dated ...
Tag this Judgment!Mrs.N.Ratnakumari Vs. State of Odisha and Others
Court: Orissa
Decided on: Jul-24-2014
ORISSA HIGH COURT: CUTTACK W.P.(Crl.) No.266 of 2014 In the matter of application under Section 48/57/80/81/41 and 41(A) of Cr.P.C. and Section 13,18,19,22 and 23 of Transplantation of Human Organs Act, 1994; __________ Mrs. N. Ratnakumari Petitioner Versus State of Odisha & others For Appellant Opp. Parties : M/s. J.Das (Senior Advocate), Satyabrata Pradhan, G. Sahoo, S. Lokesh kumar, A.K. Dash, P.Sahoo, For Opp. Parties : State of Orissa. M/s. A. Mohanty (Advocate General) PRESENT : THE HONOURABLE MR. JUSTICE I. MAHANTY AND THE HONOURABLE MR. JUSTICE S.K. SAHOO Date of hearing : 17.07.2013 S.K.Sahoo, J.Date of order : 24.07.2014 Is life so dear or peace so sweet as to be purchased at the price of chains and slavery?. Forbid it, Almighty God! I kNo.No.what course others may take, but as for me, give me liberty, or give me death.. Patrick Henry 2 In this petition for a writ of habeas corpus, the petitioner Mrs. N. Ratnakumari has challenged the illegal arrest and unlawful detention ...
Tag this Judgment!Chandrakanta Tripathy Vs. State of Orissa and Others
Court: Orissa
Decided on: Jul-24-2014
ORISSA HIGH COURT: CUTTACK W.P.(C) No.9647 of 2008 In the matter of an application under Articles 226 & 227 of the Constitution of India. ---------Chandrakanta Tripathy Petitioner Opp.Parties -versusState of Orissa and others For Petitioners: For Opp.Parties: M/s. R.K. Mohanty, D.K. Mohanty M/s. S.L.Patnaik, Ms. M. Pal (For Opp.Party No.3) _____ PRESENT: THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing: 16.07.2014 | Date of Judgment:24.07.2014 Dr. B.R.Sarangi, J.The petitioner, who was working as Branch Manager (P.F.I & M) under the Tribal Development Cooperative Corporation Orissa Ltd. (TDCC for short) seeks to challenge the order dated 05.05.2008 under Annexure-7 recalling the order relieving him on retirement under the Voluntary Retirement Scheme w.e.f. 31.01.2008 pursuant to order dated 29.01.2008 under Annexure-3 accepting his offer to avail retirement benefits and also initiation of Disciplinary Proceeding framing a memorandum of charge dated 19.05.2008 under Annexure-9 a...
Tag this Judgment!Akshya Kumar Samal Vs. Manoranjan Padhiari and Another
Court: Orissa
Decided on: Jul-18-2014
ORISSA HIGH COURT: CUTTACK F.A.O. NO.102 OF 2011 From the order dated 5.1.2011 passed by the Commissioner for Workmens Compensation-cum-Assistant Labour Commissioner, Cuttack in W.C. Case No.80-D/2006. __________ Akshya Kumar Samal Appellant Versus Manoranjan Padhiari & another For Appellant Respondents : M/s. Dr. Tahali Charan Mohanty, J.Mohanty, R.R. Nayak, R.P. Bhagat & A.A. Khan For Respondents : M/s. R.K. Behera & A.K. Mohanty (For Respondent No.1) M/s. P.K. Panda & P.K. Padhi (For Respondent No.2) PRESENT : THE HONOURABLE MR. JUSTICE RAGHUBIR DASH Date of hearing : 15.07.2014 Date of judgment : 18.07.2014 R. DASH, J.Being aggrieved by the order dated 5.1.2011 passed by the Commissioner for Workmens Compensation-cum-Assistant Labour Commissioner, Cuttack in W.C. Case No.80-D/2006, the applicant before the learned Commissioner has preferred this appeal. Learned Commissioner has allowed the application for compensation and directed the Insurance Company to deposit a sum of Rs.2,21...
Tag this Judgment!Mahavir Durga Puja Vs. M/S.Falcon Real Esta
Court: Orissa
Decided on: Jul-18-2014
F.A.O. NO.243 OF 2013 Misc. Case Nos.537 & 538 of 2014 18. 18.07.2014 Misc. Case No.537 of 2014 is with a prayer to modify/clarify the judgment dated 16.5.2014 which has been passed in F.A.O. No.243 of 2013 dismissing the F.A.O. Since the appellants therein have taken the stand that the construction of a statue of Lord Hanuman being over Plot No.457 under Khata No.619 of Mouza Chandrasekharpur which is No.covered under the plaint schedule, this Court observed in the said judgment that if the defendants are going to install the statue on a plot which is No.included in the plaint schedule, then the interim injunction granted against them would have no operation as against such construction work as they could very well proceed construction on a piece of land which is No.part and parcel of the suit land. On behalf of the plaintiff-respondent/petitioner it is alleged that after passing of the judgment with the aforesaid observation the defendants-appellants/O.Ps. have been able to convince ...
Tag this Judgment!M/S. Life Line Medical Store (Day and Night) Vs. All India Institute o ...
Court: Orissa
Decided on: Jul-17-2014
HIGH COURT OF ORISSA: CUTTACK. W.P(C) No.9733 of 2014 In the matter of application under Articles 226 & 227 of the Constitution of India. ---------M/s. Life Line Medical Store (Day & Night) Petitioner -versusAll India Institute of Medical Science, Bhubaneswar . Opp.parties For Petitioner : M/s. Prafulla Kumar Rath, Mr. R.N.Parija, Mr. A.K.Rout, Mr. S.K.Patnaik, Mr. A.Behera and Mr. P.K.Sahoo For Opp.Parties : M/s. S.D.Das,Asst.Solicitor General of India, Miss. Sonita Biswal (Oppsite Parties) M/s.A.K.Choudhury and (Interveners), Mr.K.K.Das P R E S E N T: THE HONBLE THE ACTING CHIEFJUSTICE MR.PRADIP MOHANTY AND THE HONBLE MR. JUSTICE BISWAJIT MOHANTY ------------------------------------------------------------------------------------------------Date of Judgment: 17.07.2014 ------------------------------------------------------------------------------------------------- Biswajit Mohanty,J.The present writ application has been filed for quashing of order under Annexure-I so far as it rela...
Tag this Judgment!Jasobanta Sahu Vs. State of Orissa
Court: Orissa
Decided on: Jul-17-2014
ORISSA HIGH COURT: CUTTACK JAIL CRIMINAL APPEAL NO.213 OF 2000 Arising out of Judgment dated 26.8.2000 passed by the Sessions Judge, Dhenkanal in Sessions Trial No.2-A of 1989. --------------Jasobanta Sahu Appellant -versusState of Orissa Respondent For appellants : Mrs. Usharani Padhi For respondent : Mr. B.P. Pradhan (Addl. Government Advocate) --------------Date of Judgment: 17.07.2014 ----------------- P R E S E N T: THE HONOURABLE THE ACTING CHIEF JUSTICE SHRI JUSTICE PRADIP MOHANTY AND THE HONOURABLE SHRI JUSTICE BISWAJIT MOHANTY ------------------------------------------------------------------------------------------------------ Biswajit Mohanty, J.The present Jail Criminal Appeal has a chequred history. Sessions Trial No.2-A of 1989 from out of which the present Jail Criminal Appeal arises was initially disposed of vide judgment dated 24.8.1991 by the learned Sessions Judge, Dhenkanal, who while acquitting the appellant of the charge under Section 302, IPC, convicted the app...
Tag this Judgment!Manoj Kumar Tiwari Vs. Santosh Kumar Parida
Court: Orissa
Decided on: Jul-15-2014
THE HIGH COURT OF ORISSA : CUTTACK CRLMC NO.2461 OF 2009 In the matter of an application under Section 482 of the Code of Criminal Procedure. -------------MaNo.Kumar Tiwari Petitioner -VersusSantosh Kumar Parida For Petitioner For Opp. Party Opp. Party : M/s. G.K.Nayak, B.K.mohanty & M.R.Mohanty-2 : None. --------------- PRESENT: THE HONBLE MR. JUSTICE INDRAJIT MAHANTY. Date of Judgment: 15.07.2014 I. Mahanty, J.The present application under Section 482 Cr.P.C. has been filed by the petitioner (accused-MaNo.Kumar Tiwari, resident of Khariar, Dist: Nuapada) seeking to challenge an order dated 15.07.2008 passed in 1.C.C. Case No.83 of 2008, wherein the learned J.M.F.C.(R), Cuttack recorded his satisfaction that a prima facie case under Sections 323, 294, 394, 379 & 506 I.P.C. is made out against 2 the accused-MaNo.Kumar Tiwari (petitioner herein) and, accordingly, took cognizance of such offences and directed issue of process.2. Mr. G.K.Nayak, learned counsel for the petitioner submitt...
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