Court : Orissa
Decided on : Mar-13-2003
Reported in : 2003(I)OLR542
ORDER1. Heard Mr. J.M. Mohanty, learned counsel for the petitioner and Mr. A. Mohanty, learned counsel for the opp. parties.2. The minor daughter of the petitioner - Rini Abraham is studying in Kendriya Vidyalaya, INS, Chilka. She has been denied promotion from Class-VIII to Class-IX on the ground that she has secured only 6.8 out of 40 marks in Mathematics paper in the Annual Examination. The petitioner has filed this writ petition under Article 226 of the Constitution for directing the opp.parties to declare the petitioner's minor daughter to have passed in the Annual Examination of the year 2001-2002 and to declare her as promoted from Class-VIII to Class-IX.3. A copy of the mark-sheet issued by the principal, Kendriya Vidyalaya. INS. Chilka to the daughter of the petitioner for Class- VIII has been annexed as Annexure-1 to the writ petition. The marks that the petitioner's daughter has been given for practical and project, assignment, unit tests, cumulative examination (mid session...
Tag this Judgment!Court : Orissa
Decided on : Mar-20-2003
Reported in : 2003(II)OLR65
..... basis of the investigation done by the said dy. superintendent of police himself.7. the word 'investigation' has not been defined in the act. but the code of criminal procedure defines 'investigation' in sub-section (h) of section 2 as follows :''investigation' includes all the proceedings under this code for the collection of evidence conducted by a police officer or by any ..... order passed by the learned s.d.j.m., bhadrak, in g.r. case no. 154 of 2001 taking cognizance of the offence under section 3 of the s.c. and s.t. (p.a.) act against the petitioners. however, the order of the learned s.d.j.m. so far as it relates to taking cognizance of the various ..... . after completion of the investigation the deponent submitted final charge sheet on 14.6.2001, bearing charge sheet no. 78 dated 14.6.2001 under section 341/323/294/506/34. ipc and 3 sc/st (pa) act against basanta das, sunu @ ranjit das, suryamani sahu and bhagirathi mahalik all of village hatuari, p.s. tihidi, in the district - bhadrak .....
Tag this Judgment!Court : Orissa
Decided on : Mar-20-2003
Reported in : 2003(I)OLR497
ORDERP.K. Tripathy, J.1. Heard.This Civil Revision stands disposed of at the stage of admission after hearing learned counsel for both the parties.2. Plaintiff in Title Suit No. 326 of 1989 of the Court of Addl. Civil Judge (Sr. Division), Puri is the petitioner whereas defendant No. 4 in that suit is the opposite party. It is not disputed at. the Bar that plaintiff has instituted the said suit, inter alia, praying for the relief of permanent injunction. His claim is based on a case of joint possession of the suit premises with his brother who is Defendant No. 3. According to the further case of the plaintiff the suit premises is a part of the dwelling premises of the family and after suffering from leprosy the Defendant No. 3 having abandoned that premises and living outside and thereby leaving the whole area including the disputed area in the exclusive possession of the plaintiff and his family members. Defendant No. 4 has purchased the disputed property from Defendant Nos. 1 and 2 n...
Tag this Judgment!Court : Orissa
Decided on : Mar-24-2003
Reported in : 2003(I)OLR540
..... bear in mind that this court has expressed no opinion on the merit of the application which the petitioner has filed for making a reference under section 18 of land acquisition act and he is to consider the same in accordance with law.5. in view of the above order, petitioner shall not be entitled to a ..... the delay of 16 days in preferring this civil revision.. under the given facts and circumstances, delay of 16 days is condoned and the application under section 5 of the limitation act (misc. case no. 139 of 2003) is accordingly allowed.4. learned additional government advocate has no objection for disposal of the civil revision. it ..... impugned order in this revision, that application filed by the petitioner for making a reference under section 18 of the land acquisition act was rejected by the said officer without affording an opportunity of hearing to the petitioner. therefore, the aforesaid act of the special land acquisition officer is in violation of the principle of natural justice. .....
Tag this Judgment!Court : Orissa
Decided on : Mar-24-2003
Reported in : 2003(II)OLR11
..... the level of different authorities, the m.j.c. petition was filed on 16.7.1997 along with the application under section 5 of the limitation act to condone the delay. the court below in the impugned order observed that the above m.j:c. petition ought to ..... 1997. along with the said application, defendant no. 1 also filed an application under section 5 of the limitation act praying to condone the delay in filing the application for setting aside the ex parte decree. the trial court by order dated ..... decreed ex parte by judgment dated 10.3.1997. thereafter defendant no. 1 filed an application under order 9, rule 13 read with section 151 of the c.p.c. for setting aside the ex parte decree, which was registered as m.j.c. no, 30 of ..... civil judge (senior division), rayagada, in m.j.c. no. 30 of 1997 rejecting an application under order 9. rule 13 read with section 151 of the c.p.c. praying for , setting aside the ex parte decree passed against defendant no. 1, i.e., the present .....
Tag this Judgment!Court : Orissa
Decided on : Mar-25-2003
Reported in : 96(2003)CLT46
..... labour in any establishment should be abolished or not and it has to decide after considering the matters in the light of the provisions contained in section 10 of the act. the apex court rejected the contention of the petitioners therein that the absolution of contract labour can be entertained by the court. mr. palit, ..... employment of contract labour in any process, operation or in any other work is a matter for the decision of the government under section 10 of the contract labour (regulation and abolition) act, 1970 and not the courts. it is for the central government to enquire and decide whether employment of contract labour in any ..... national union water front workers and ors., etc. etc. 2001 (6) supreme 602, it has been held that neither section 10 of the act nor any other provision of the contract labour (regulation and abolition) act expressly or by necessary implication provides for automatic absorption of contract labour on issuance of a notification by appropriate government.6. a .....
Tag this Judgment!Court : Orissa
Decided on : Mar-25-2003
Reported in : 2003(I)OLR486
..... as well as the order passed by the additional district magistrate, khurda, bhubaneswar in a suo motu proceeding in revisional case no. 13/1998 under section 7-a(3) of o.g.l.s. act, 1962. we, however, direct that the matter should be heard afresh by the revisional authority after hearing the petitioner and his vendor as well ..... . district magistrate cancelled the lease because such transfer, according to him, was not bona fide.4. a suo motu revisional proceeding was initiated under section 7-a(3) of the o.g.l.s. act, 1962. the revisional authority cancelled the lease granted in favour of the petitioner's vendor. therefore, the petitioner filed a writ petition in o ..... .c. no. 12939 of 2001 is under challenge.2. the disputed plot was leased out to one kandabal muchu under the provisions of the orissa government land settlement act, 1962 and the rules framed thereunder.3. it appears that the lessee applied for permission from the concerned revenue officer for transfer of the land in favour of the .....
Tag this Judgment!Court : Orissa
Decided on : Mar-25-2003
Reported in : 2003(I)OLR491
..... equi-equity is granted to both parties, but also the threat perception in the mind of the young widow is averted.9. for the reasons indicated above, the application under section 24, c.p.c. is allowed with a direction for transfer of title suit no. 54 of 2002 of the court of civil judge (senior division), nayagarh to ..... to decide the case. on a perusal of that citation, this court finds that apex court has propounded that-'... the cardinal principle for the exercise of power under this section is that the ends of justice demand the transfer of the suit, appeal or other proceeding. the question of expediency would depend on the facts and circumstances of each case ..... will not be convenient, for her to make journey upto bhubaneswar to prosecute her case at such old age.5. while advancing the prayer in support of the argument under section 24, c.p.c, mr. s.k. misra, learned counsel for the petitioners being cognizant of the objections raised by the opposite party argues that in fairness to both .....
Tag this Judgment!Court : Orissa
Decided on : Mar-26-2003
Reported in : I(2004)ACC813; 2005ACJ888; 96(2003)CLT384
..... of calcutta and was posted at bhubaneswar with a salary of rs. 7,000/-per month. the widow and the old parents of the deceased filed an application under section 166 of the act before the 2nd. motor accidents claims tribunal, cuttack, against the owner and the insurer of the offending car claiming a compensation of rs. 20,00,000/-, for the ..... insurance co. v. nicoltetta rohatagi, reported in air 2002 sc 3350 wherein it was held that unless the insurer is permitted by the tribunal in terms of section 170 of the m. v. act, it cannot challenge the award questioning either the quantum or negligence. in this case admittedly no permission was granted to the insurer.8. now coming to the ..... b. p. das, j. 1.the insurer-new india assurance co. ltd. has preferred thisappeal under section 173(1) of the motor vehicles act, 1988 (in short 'the act') challenging the judgment passed by the 2nd. motor accidents claims tribunal, cuttack, in misc. case no. 117 of 1995 in which a sum of rs. 8,05,000/- has .....
Tag this Judgment!Court : Orissa
Decided on : Mar-27-2003
Reported in : 96(2003)CLT29
..... in that behalf by any sevak, after making an enquiry in the prescribed manner on all or any of the grounds enumerated in that section. section 21-a of the temple act confers power and control on the administrator over all sevaks and servants attached to the temple or in receipt of any emoluments or perquisites therefrom ..... to permit him for keeping two earthen pots of bhogas in front of lord balabhadra jew without causing any hindrance to the institution. under section 23-a of the jagannath temple act the administration has unfettered right to regulate the performance of niti and can supervise and keep control over all the sebayats. therefore, if the ..... after due deliberation has resolved to make further enquiry and decide as to how different persons should be allowed to acquire the panti. as per section 15 of the shri jagannath temple act, 1954, the appellants are empowered to make adequate arrangement for performance of seba-puja and observance of periodical niti of the temple. assuming, .....
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