Court : Orissa
Reported in : 108(2008)CLT120; 2009(I)OLR933
M.M. Das, J.1. Heard Mr. Mohanty, learned Counsel for the petitioner and Mr. N. K. Das, learned Counsel appearing for opposite party No. 5 as well as the learned Counsel for the State.2. The petitioner is continuing as Storage Agent in Bamara Block. The opposite party No. 5 made an application to be appointed as Storage Agent in the said Block. He being selected, the petitioner has preferred this writ petition challenging the selection of opposite party No. 5 on the ground that on the date when he made the application for being appointed as Storage Agent, he was disqualified to be appointed as such, as a charge-sheet was filed against him in a criminal proceeding vide G.R. Case No. 275 of 2004 for alleged commission of offence under Sections 448/357 I.P.C. The charge-sheet filed on 5.12.2004 has been annexed to the writ petition as Annexure-3 series. The application for being appointed as Storage Agent was made by the opposite party No. 5 on 18.11.2006, when the said criminal case was ...
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT61; 2009(I)OLR929
..... action fixing a offset price at rs. 10,00,000/-per acre, a suo motu revision was taken by the law secretary under the provisions of the act wherein large number of questions were considered including as to whether the price fixed by the endowment commissioner was accurate or could be a sufficient consideration. the present ..... . it was further alleged that if immediate steps were not taken, the balance lands may also be forcibly occupied by trespassers.3. the commissioner of endowments under the act accorded permission to sale the disputed land @ rs. 10,00,000/- (rupees ten lakhs) per acre to the tenants in possession and if they are not willing ..... at lochapada in district ganjam. the person appointed for management of the said institution filed an application under section 19 of the orissa hindu religious endowments act, 1951 (hereinafter called 'the act') seeking permission to alienate ac.4.225 decimal lands on the ground that major portion of the said land was occupied by tenants who were .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR807
..... any public nuisance in either of them. paragraph-4 of the petition under section 133 of cr.p.c. reads as follows:that if such type of overt act by the opposite party members (continue) the petitioner and his family members will suffer irreparable loss to their life and the opposite party members intentionally passing the ..... general public including opp.party no. 1. it is their further case that the allegation made by opp.party no. 1 comes under the purview of environment (protection) act, 1986 and therefore, initiation of the proceeding under section 133 of cr.p.c. is not maintainable. accordingly, petitioner and opp.party no. 2 prayed to quash the ..... for the petitioner submitted that in view of the provision contained under section 24 of the environment (protection) act, 1986 (hereinafter referred as 'the act') the proceeding under section 133 of cr.p.c. is not maintainable. section 24 of the act reads as follows:24. effect of other laws.- (1) subject to the provisions of sub-section (2 .....
Tag this Judgment!Court : Orissa
Reported in : 108(2008)CLT129; 2009(I)OLR1011
..... complied with the statutory requirements while dismissing the workman from services and accordingly approving the action of the management under section 33(2)(b) of the i.d. act, the same cannot be faulted.13. applying the principle of law to the facts of the present case and considering the findings of the learned tribunal as ..... workman his wages through money order and the dismissal order by registered post and have simultaneously presented the application under section 33(2)(b) of the i.d. act, seeking approval of its action. accordingly, the learned tribunal came to hold that the enquiry conducted by the management was fair and proper and that the management has ..... the checking staff that out of 76 passengers travelling in the bus, only 61 had valid tickets and the rest 15 persons were travelling without tickets. the said act being a misconduct as per the regulation of the management and prior to the said incident, the workman having earlier been punished for similar type of misconduct, .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT777
..... him of something or wrongfully refused him something or wrongfully affected his title to something.12. in ram singh and anr. v. director of consolidation and ors. 1968 a.wr 844, the court held that the expression 'person aggrieved' does not include a person who suffers from psychological or imaginary injury; the person aggrieved must ..... employee against whom civil and criminal proceedings could be initiated and observed that in an appropriate case criminal action also maintainable along with civil action, if the act constituted both a civil wrong and a criminal wrong. however, it may be open to the competent authority to condone either of that and may take recourse ..... what circumstances or what authority petitioner has approached this court.7. it is settled law that a person who suffers from legal injury only can challenge the act/action/order etc. writ petition under article 226 of the constitution is maintainable for enforcing the statutory or legal right or when there is a complaint by .....
Tag this Judgment!Court : Orissa
Reported in : [2009(121)FLR1045]; 2009(I)OLR793
..... management was not to engage the respondent-workman for a specified period, as alleged, but was to defeat the rights available to her under section 25-f of the act, which amounted to unfair labour practice, further observed and laid down that it is wholly unlikely that the respondent in the meantime, had not been working anywhere else as ..... from the date of his alleged dis-engagement and that, even if, the court came to the conclusion that there is a retrenchment violating section 25-f of the act, relief of reinstatement with 40% back wages was not to be given automatically when there is long gap between the date of alleged dis-engagement and the date of ..... of refusal of employment and no evidence having been adduced by the management to the contrary, the workman is found entitled to the protection under section 25-f of the act before refusing employment to him and, as such, the action of the management, is illegal and unjustified and the workman is entitled to be reinstated in service.6. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR824
ORDERM.M. Das, J.1. Heard Mr. M.K. Das, learned Counsel for the petitioner and Mr. Patnaik, learned Counsel appearing for opp.party No. 5 as well as the learned Counsel for the State.2. The petitioner alongwith opp. parties 5 and 6 made applications for being appointed as Storage Agents pursuant to an advertisement made by the Government in Chhatrapur Block in the district of Ganjam justifying appointment of three Storage Agents as per the guidelines.3. Mr. Das, learned Counsel for the petitioner submits that when the petitioner made an application for appointment as Storage Agent, he has attached thereto his solvency certificate. After consideration of the said applications, the petitioner as well as opp. parties 5 and 6 were recommended by the Collector, Ganjam to be appointed as Storage Agents at Chhatrapur Block. The grievance of the petitioner is that even though Chhatrapur Block justifies appointment of three Storage Agents, the Orissa State Civil Supplies Corporation Ltd. appoin...
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ4078
..... filing of form-32. in this respect, reliance was placed on the judgment of the hon'ble madras high court in the case of ashok muthanna v. wipro finance ltd. (2001) 105 comp cas 203 for the proposition that a director who has resigned, would be deemed to have been resigned from the date of his resignation ..... own status as managing director and therefore, at best, he alone could have been prosecuted as the 'officer-in-default' as contemplated under section 5 of the companies act, 1956 and all other directors including petitioner no. 1 siddhartha sen should not have been proceeded against, since, admittedly he was merely a director, and had no ..... cognizance against the petitioners is hopelessly barred by limitation. in the present case, complaints have been lodged for infraction of sections 159, 162 and 220 of the companies act, 1956. whereas section 159 mandates filing of annual return within 60 days from the day on which annual general body meeting was held, section 162 stipulates penalty for .....
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ3265; 2009(I)OLR826
B.K. Patel, J.1. Petitioners, who are the accused persons in I.C.C. No. 11 of 1993 of the Court of learned S.D.J.M., Bhubaneswar instituted by the opposite party-complainant, have made prayer in this application under Section 482 Cr.P.C. to quash the order dated 12.3.2007 taking cognizance of offences under Sections 420 and 406 I.P.C. and issuing summons to the petitioners.2. Case of the opposite party-complainant is that accused No. 1 is a registered company engaged in manufacture and sale of breweries in the brand name of 'Khajuraho Super Strong Lager Beer: and accused No. 2 is the Managing Director of the Company. The company is situated and the opposite party No. 2 is residing at Bhopal in the State of Madhya Pradesh. They entered with an arrangement with the complainant by letter dated 24.12.2000 for the purpose of marketing and sales promotion of their product through the Orissa State Beverage Corporation. As per the arrangement, the complainant was to deposit Rs. 24 lakhs with t...
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT65; 2009(I)OLR953
..... this court, the appellant filed gia case no. 81 of 2008 before the state education tribunal orissa, bhubaneswar, under section 24-b of the orissa education act, 1969 ('the act' for short), along with application for waiver of statutory notice and an application for condonation of delay.4. the tribunal took up the matter for admission ..... counsel for the state and on the direction of this court, the appellant had filed the application before the learned tribunal under section 24-b of the act along with appropriate application for condonation of delay and waiver of statutory notice, the learned tribunal should have considered the same liberally and waived the requirement of ..... of any particular rule not being complied with or followed, and (ii) serious general in convenience and prejudice to the general public would result if the act in question is declared invalid for non-compliance with the particular rule.14. on an analysis of the principles of law discussed above, the obvious conclusion is .....
Tag this Judgment!