Court : Orissa
Reported in : AIR2008Ori44; 2008(2)ARBLR23(Orissa)
..... suffer irreparable injury. in the case of kiran mohanty v. woodburn developers and builders (p) ltd. reported in : air2006ori31 , interpreting sections 37 and 9 of the act this court held that bounden duty of trial court is to see that three pre-conditions for grant of injunction are satisfied. the court is also to be satisfied ..... of the said amount and finalising the bills, the work has been illegally terminated. on the basis of such allegation, an application under section 9 of the act was filed for the relief stated earlier and the court also restrained the appellants from terminating the contract and/or allowing the respondent no. 2 from completing the ..... case of m/s. kalinga mining corporation v. arbind construction co. pvt. ltd. reported in 2007 (1) olr 256 : air 2007 noc 1335, the same view was taken in a case where an application under section 9 of the arbitration and conciliation act, 1996 had been allowed by the learned district judge, cuttack by directing the parties to maintain .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT386; 2008(I)OLR440
I.M. Quddusi, J.1. By means of this writ petition, the petitioner has prayed for quashing of the order of the Divisional Manager, Orissa Forest Development Corporation Limited, Nowrangpur (C) Division passed on 6.1.1995, Annexure-3 to the writ petition, directing recovery of Rs. 36,541.24 and Rs. 6863/-from the dues of the petitioner and for a direction to the opposite parties to pay the dues of the petitioner including gratuity of Rs. 37,506.70 and duty pay and other dues within a specified period.2. The brief facts of the case are that the petitioner who belongs to Tribal community of Koraput district joined as a mate in the Corporation on 6.4.1964. Thereafter he was transferred to so many places but his last place of posting was Nowrangpur Division wherefrom he retired with effect from 31.12.1993 while working as Sectional Supervisor. But his dues as claimed by him were not paid to him. He moved representation but in vain.3. In the counter affidavit, it has been mentioned that while...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT425
..... has more than two children. however, such disqualification shall not apply to any person who has more than two children on the date of commencement of the orissa grama panchayats (amendment) act, 1994, or as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year. ..... void in which ground-(a) is that on the date of his election the candidate was not qualified or was disqualified to be elected under the provisions of this act or the rules made thereunder.5. under section 25, a person shall be disqualified for being elected or nominated as a sarpanch or any other member of the gram ..... grama panchayat.2. the opposite party smt. pratibha badi filed an election petition registered as m.j.c. no. 6 of 2002 under section 30 of orissa grama panchayat act against the petitioner with a prayer that the election of the petitioner to the office of sarpanch of ranisarda grama panchayat be declared as void and she (opp. party) .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT478
..... revision case had been filed under section 36 of the orissa consolidation of holdings and prevention of fragmentation of land act, 1972. it appears that after the village in which the disputed lands situated came within the purview of the aforesaid act, objection cases were filed before the concerned consolidation officer who directed to record the disputed lands in favour of the .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT508; 2008(I)OLR713
1. Order of conviction under Section 302 IPC against the accused in S.T. Case No. 109-A/34 of 1999-2000 is under challenge by the Appellant.2. Appellant Malia @ Abhimanyu Das together with his parents, accused Chandramani Das and Hemalata Das and his elder brother Arun Das were charged for the offence under Sections 364, 302, 404, 201/34 I.P.C. on allegation that on 01.01.1999 at about 7 P.M. Abhimanyu kidnapped the minor girl, Bindu Nahak aged about 14 years from the lawful custody of her mother Parbati Nahak (P.W.5) and that said Bindu Nahak suffered a homicidal death and her dead body was found on 10.01.1999 and her ornaments were misappropriated by the accused persons by sharing common intention.3. According to the case of the prosecution, accused Malia @ Abhimanyu Das aged about 19 years had illicit relationship with Bindu, a girl aged about 14 years. Mother of the Bindu was running a shop and having business transaction as well as social Courtesy extended to the accused persons. ...
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT139
..... only for rs. 6,0q0.and no appeal can be filed challenging an award which is below rs. 10,000 as provided under section 173(2) of the motor vehicles act, this writ petition has been filed under articles 226 & 227 of the constitution of india, challenging the said award. even though, here is no prescribed period of limitation for filing .....
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ2752
1. Heard.2. Order of conviction under Section 302, IPC and sentence of imprisonment for life imposed by learned Sessions Judge, Keonjhar on accused-appellant in Sessions Trial Cue No, 44 of 1994 is under challenge,3. Prosecution case in inert is that en 21-11- 1993 in the afternoon accused picked up quarrel with his wife Lila (hereinafter referred to as deceased) and in that process dealt a slab blow to her belly by use of the knife (M.O.I.) and as result of that the deceased died. Neighbourers of the accused came to the spot and found that deceased was lying dead and accused was sitting holding the blood stained knife in his hand and to the query of some of the co-villagers (that includes P.W. 1) accused made extra judicial confession relating to the crime. When the villagers wanted to go near him, accused retaliated and because of that with the help of P.W. 4, a co-villager and other witnesses (P.Ws. 1, 2 and 3) overpower the accused and tied him before proceeding to Police Station t...
Tag this Judgment!Court : Orissa
Reported in : (2009)20VST475(Orissa)
..... the case of hindustan steel ltd. : [1972]83itr26(sc) , we are of the view that the petitioner has failed to discharge its statutory obligation and the act of suppression on its part amounts to a deliberate defiance of law and/or establishes the petitioner's dishonest conduct and also establishes its conscious disregard of its statutory obligation ..... revision merits no consideration.8. from a perusal of the records of the present proceeding and in partic- ular, the order passed under section 12(8) of the act, it appears that the following vigilance report was taken into consideration:the said report goes to show that the place of business was inspected by the (vigilance) inspector ..... made by the authorities ?(ii) whether on facts and in the circumstances of the case, levy of penalty under section 12(8) of the orissa sales tax act, 1947 (in short, 'the act') to the extent of rs. 10,000 was justified ?2. mr. j. sahoo, learned counsel for the petitioner, inter alia, submitted, that the vigilance .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori76; 103(2007)CLT339
..... found to have committed any offence punishable under law, it would be open to the vigilance department to take appropriate steps as per the relevant provisions of prevention of corruption act, penal code or any other penal law dealing with such offences.the report submitted before this court be kept in a sealed cover. a copy of this judgment be supplied .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT14
..... . is not in dispute. the workers empanelled for casual employment/engagement claimed for regularization of their services, independent of the provision of section 25 of i.d, act and they pursue their demand through their union. under such circumstances, the decision taken by opp. party no. 1, as quoted above, is not solely on administrative ..... admittedly when none of the casual labourers has worked for 240 days in twelve calender months as per the provision of section 25b of the i.d. act, therefore, their claim for regularization of service has no merit and under such circumstances the state government has the jurisdiction to decide that aspect on administrative side ..... , but the claim of the petitioners for employment on the basis of their casual engagement is independent of the provision of section 25 of the industrial disputes act and therefore, the labour officer rightly made a recommendation for referring the dispute to the adjudicatory forum and wrongly opp. party no. 1 has refused to .....
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