Court : Orissa
Reported in : 2007(2)ARBLR309(Orissa); 103(2007)CLT319
A.S. Naidu, J.1. Both these appeals are directed against the order dated 5th August, 2005 passed by the Learned District Judge, Cuttack in Arbitration Petition No. 150 of 2003. The facts and the points of law arising in connection therewith being same, both the appeals were heard together and are disposed of by this common Judgment.2. M/s.Samantaray Construction Private Limited, the Appellant in Arbitration Appeal No. 49 of 2005, (hereinafter referred to as 'the contractors'), was awarded with the work of 'Construction of Mahanadi Barrage on the Right Side from the Right Divide Wall including Right Head Regulator', vide Agreement bearing No. LCB-2/1985-1986. The total cost of the project was Rs. 5, 15,63, 1 06.00 and the date fixed for completion of the work was 11th November, 1987. The work, it is averred, was financed by the World Bank. After entering into the agreement the contractors commenced the work, but then they could complete only 24.99% of work within the time stipulated und...
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR777
B.P. Das, J. (Chairman)1. This appeal under Section 31 of the Air (Prevention of Pollution) Act, 1981 (in short 'the Air Act') is directed against the order dated 8.2.2007 passed by the Regional Officer of the State Pollution Control Board, Cuttack, vide Annexure-9, refusing consent to establish the appellant stone crusher unit, i.e., M/s. Rout Crusher at Nuagaon under Baranga P.S. in Cuttack district, in purported exercise of the power under Section 21 of the Air Act with a direction not to take up any construction/operation activity. The impugned order has been passed on the ground that the proposed stone crushing unit does not meet the sitting criteria specified in Order dated 13.5.1998 issued by the Govt. of Orissa in the Forest & Environment Department since the campus of the Central Industrial Security Force having barracks and staff quarters is located within 1.0 K.M. to the south of the proposed site of the stone crushing unit.2. Heard Shri P.K. Nanda, learned Counsel for the a...
Tag this Judgment!Court : Orissa
Reported in : 1(1998)ACC346
A. Pasayat, J.1. Bipin Behera alias Bapina Behera (hereinafter referred to as 'the deceased'), a minor boy who had not even reached teen age, having lost his life by electrocution on 19.6.1994, this writ application has been filed by his father for a direction to the Orissa State Electricity Board, now Grid Corporation of Orissa Ltd. (in short, 'the Corporation') to pay compensation of Rs. 2,00,000/-.2. The case of the petitioner sans unnecessary details essentially is as follows:On 19.6.1994, deceased was found lying dead near an electric pole. He lost his life due to electrocution as a live electric wire fell down on him being disconnected from the pole and resulted in instantaneous death. At the fateful moment the deceased was tending cattle. He was taken to Subdivisional Medical Hospital and was declared dead by the Medical Officer. The matter was reported at the Jaipur Police Station and U.D. Case No. 29 of 1994 was registered. Postmortem was conducted in the Jaipur Subdivisional ...
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT93
A.K. Parichha, J.1. State is in appeal against the order of acquittal of the Respondent recorded by Learned Asst. Sessions Judge, Jeypore in Sessions Case No. 13 of 1990.2. The facts leading to the present appeal can be narrated summarily as follows:On 26.11.1989 at about 8.00 P.M. while the victim was moving towards Kumijhola Nala of village-Kutrabeda, the Respondent caught hold of her and threatening at the point of a knife, dragged her to some distance and committed sexual intercourse with her against her will. After the sexual intercourse the Respondent left the spot and the victim girl went to the Nala, washed the mud from her body and clothes, returned home weeping and narrated the incident to her family members. The father of the victim girl convened Panch on 28; 11.1989 and in front of that Panchayati the victim girl alleged that the Respondent committed rape on her and the Respondent also confessed to have done so. The matter was then reported in Narayana Patna Police Station ...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT55
Pradip Mohanty, J.1. In this revision, the Petitioners challenge the Order Dated 07.11.2006 passed by the S.D.J.M., Sundargarh taking cognizance of the offence under Sections 302/201/34 IPC against them in I.C.C. Case No. 17 of 2005 instituted by Opposite Party No. 2.2. Brief facts of the case is that Opposite Party No. 2 initially lodged an FIR before the OIC, Hemagiri PS. against Petitioner No. 1 and another co-accused, namely, Abhimanyu Patta, with the allegation of murder of his son. Accordingly, Hemagiri P.S. Case No. 36 of 2005 was registered and after investigation final form was submitted against two accused persons, namely, Arjun Bhoi and Ajaya Kumar Mod Bahali. Thereafter, Opposite Party No. 2 filed the above noted complaint case before the S.D.J.M., Sundargarh against the Petitioners and another co-accused Abhimanyu Patta. After registration of the complaint case, the complainant examined himself under Section 200 Cr.P.C. and some of the witnesses mentioned in the complaint ...
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT888; 2008(II)OLR817
Sanju Panda, J.1. As common questions of law and facts involve in both these appeals, they are being disposed of by this common judgment.These appeals are preferred under Section 23(1) of the Railway Claims Tribunal Act, 1987 by the claimants against two different awards made by the Railway Claims Tribunals, Bhubaneswar in O.A. No. 83 of 1999 dated 25.10.2004 and O.A. No. 41 of 2002 dated 15.10.2004.2. The brief facts of each case are as follows;FAQ No. 16 of 2005On Sadakanta Behera, the deceased, while travelling from Howrah to Balasore in Dhauli Express on 4.12.1998, to sudden jerk, he fell down from the train near about Jaleswar station. Thereafter, the injured was shifted to S.C.B. Medical College and Hospital, Cuttack with the help of staff of Jaleswar Railway Station and others and on the next date he succumbed to the injury. The parents of the deceased filed the claim application and they have proved the tickets and other police papers. The railway authorities filed their writte...
Tag this Judgment!Court : Orissa
Reported in : 2007(1)OLR293
M.M. Das, J.1. This appeal has been filed against the judgment dated 4.12.1990 passed by the Learned Special Judge, Cuttack in G.R. Case No. 18 of 1988.2. From the facts of the case, it is revealed that on the information of the Inspector, Vigilance Cell, Cuttack lodged before the Superintendent of Police (Vigilance), Central Division, Cuttack on 5.5.1988, a formal F.I.R. was registered under Section 7/9 of the Essential Commodities Act, 1955 (for short, 'the Act'). After investigation, a P.R. was filed. It is the case of the prosecution that the respondent No. 1-accused was a dealer of Essential Commodities under the Act. On 15.4.1988, the informant, Inspector of Vigilance Cell, visited the shop of the respondent No. 1 accused and conducted a surprise check with the help of Inspector, Shri S.B. Patnaik and Sub-Inspector, namely, Shri Prahallad Das. On perusal of the Books of Accounts and the stock register of the control commodities maintained by the respondent No. 1, for the year 198...
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT189
R.N. Biswal, J.1. Shorn of unnecessary details the case of the Petitioner is that Sri Raghunath Swamy Girls High School '(here-in-after referred to as 'S.R.S. Girls' High School') established in the year 1992 at Ballipadar under Ganjam District is a private unaided recognized institution. The Petitioner was the secretary of the Managing Committee of the said School from 20.7.2001 to 20.7.2004. Before expiry of the term of the said Managing Committee, the Petitioner convened a meeting for reconstitution of the Managing Committee and after observing all formalities, sent a panel of names to the Inspector of Schools, Ganjam Circle, Berhampur, Opp. Party No. 3 vide Annexue 6 dated 20.4.2004 to take steps for approval of the proposed Managing Committee. Though the list was sent within the stipulated time as per law, Opp. Parties 2 and 3 did not take any step and slept over the matter. Opp. Party No. 5 sent 3 panel of names for approval on different dates one after the other. When none of th...
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT805
I.M. Quddusi, J.1. Since similar questions are involved in both the Writ Petitions, they were heard together and are disposed of by this common Judgment.2. The State Election Commission, Orissa has approached this Court by filing these two Writ Petitions with the allegation that the Election commission is not receiving cooperation of the State Government as well as Municipal Corporation in discharging its constitutional obligation of holding the election to the Municipal Corporations of Bhubaneswar and Cuttack (W.P.(C) No. 12356 of 2008 for Bhubaneswar Municipal Corporation & W.P.(C) No. 12453 of 2008 for Cuttack Municipal Corporation) within the time mandated in the Constitution and, therefore, the Commission has sought the relief for issuing a writ in the nature of Mandamus directing the State Government and the Cuttack Municipal Corporation & Bhubaneswar Municipal Corporation to provide all necessary cooperation and assistance to the State Election Commission, Orissa to enable it to...
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori28
B.P. Das, J.1. The writ petitioner while functioning as sitting Judge of this High Court, was appointed as the President, State Consumer Disputes Redressal Commission, Orissa ('State Commission', hereinafter) and assumed charges on 21-4-1999. He remained in dual charges till 31-8-1999, when he retired as a Judge of this High Court. Thereafter, he continued as the President of the State Commission till 21-4-2004.2. Sub-section (2) of Section 16 of the Consumer Protection Act, 1986 (hereinafter called as 'the Act') provides that the salary or honorarium and other allowances payable to, and the other terms and conditions of service (including tenure of office) of the members of the State Commission shall be such as may be prescribed by the State Government. Rule 6 of the Orissa Consumer Protection Rules, 1987 framed under the Act provides:6. Salary or honorarium and other allowances and terms and conditions of the President and members of the State Commission - (Section 16(2)) - (1) Presi...
Tag this Judgment!