Court : Orissa
Reported in : AIR2001Ori24
ORDERCh. P.K. Misra, J.1. In this Election Petition, petitioner Ananga Udaya Singh Deo has challenged the election of Respondent No. 1 Ranga Nath Mishra, and respondent No. 3 Manmath Nath Das, as Members of Council of States (hereinafter referred to as 'Rajya Sabha') in the election held on 18th June, 1998.2. Brief facts of the case are as follows :--The President of India issued a notification, which was published in the Gazette of India on 30-5-1998, calling upon the Members of the Electoral College of some of the States to elect Members to the Rajya Sabha in accordance with the provisions of the Representation of the People Act, 1951 (for short 'the Act'). Pursuant to the aforesaid Presidential Notification, the Election Commission by its notification dated 30-5-1998 called upon the elected Members of the Orissa Legislative Assembly to elect three Members to the Rajya Sabha. In consultation with the Government of Orissa, the Election Commission also issued another notification appoi...
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT658; 2003(I)OLR91
A.K. Patnaik, J. 1. The case of the petitioner as stated in the writ petition is that he was appointed as Library Attendant on 8.11.1985 by the Governing Body of Kunja Bihari College, Barang in the district of Khurda which is an educational institution aided by the Governmentof Orissa. Pursuant to the said appointment, he joined as Library Attendant on 8.11,1985 and worked as Library Attendant. His appointment as Library Attendant was also approved by the Director of Higher Education, Orissa and grant-in-aid was released in his favour with effect from 1.6.1991. By a resolution of the Governing Body of the said college adopted on 5.6.1996 the petitioner was promoted to the post of non-graduate Librarian (Junior Librarian) with effect from 1.6.1987 in the vacancy of Smt. Sarojini Mohapatra who was promoted to the post of Graduate Librarian with effect from 1.6.1987. The case of the petitioner for appointment/promotion to the post of Junior Librarian was sent to the Director, Higher Educa...
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori88
P.C. Misra, J. 1. The petitioner who, with a view to securing the degree of Doctorate in Philosophy in Arts had registered himself in the Utkal University and had submitted a thesis and appeared in the viva voce test, has filed this writ application with a prayer to issue a writ of mandamus directing the opposite parties to publish the result of his examination within a period of time to be specified and to quash any order or direction issued by the Chancellor in this behalf.2. Petitioner has alleged that he hadpassed his M.A. Examination in Oriya in 1stClass from Utkal University in the year 1979and had registered himself in Utkal Universityin December, 1981 to prepare a thesis on 'A Comparative Study on Hawthorn the American Novelist and Fakir Mohan, an Oriya Novelist', with Dr. Gopal Chandra Misra, M.A.,D. Litt. Professor and Head of the Post-Graduate Department of Oriya, SambatpurUniversity, as his guide. According to theprovisions contained in Regn. 7 of Chapt. IX,Utkal University...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori300
Panigrahi, J.1. The appeal arises out of a suit filed by respondent 1 for a declaration that a contribution order passed against Mm by the appellant, as the Liquidator of the Dhabaleswar Co-operative Society, is ultra vires and illegal, and for a perpetual injunction restraining the Liquidator (who was defendant 1 in the suit) from executing the same against the plaintiff.2. The allegations of the plaintiff are that he and his elder brother Lokenath Behera (defendant 5) joined the said society in June 1922 and borrowed different sums of money for financing a partnership business; that in April 1923 the partnership was dissolved and that he transferred his interest in the business to his elder brother; and that on 3-4-23 the managing committee of the society passed a resolution transferring the liability of the plaintiff to his elder brother as Karta of the family; and that accordingly he (the plaintiff) ceased to be a member of the society. The plaintiff further alleged that he had bee...
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori228
P.V.B. Rao, J.1. This appeal is against the order of the Election Tribunal (Mr. T. V. Rao, District Judge Puri) passed on a petition filed under Section 81 of the Representation of the People Act, 1951, (hereinafter called the Act) by a defeated candidate, Shri Banamali Patnaik for the Orissa Legislative Assembly from the Khurda Constituency during the elections held in 1957 praying to declare the election of the returned candidate Shri Prananath Patnaik as void.2. The Election Tribunal by its order dated 20th November, 1957 declared the election of Shri Prananath Patnaik to the Orissa Legislative Assembly to be void on account of the corrupt practice committed by him under Section 123, Clause (4) of the Act and disqualified him from standing as a candidate for election to the House of Parliament or the State Legislative Assembly for a period of six years.3. The Respondent-Petitioner was a candidate set up by the Congress Party while the Appellant-Opposite Party was set up by the Commu...
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori47
Narasimham, J.1. This is an appeal by the plaintiffs from the judgment of the District Judge of Cuttack dismissing their suit for a declaration that the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act, IV of 1939) was ultra vires of the Orissa Legislature and for other consequential reliefs. The appellant plaintiffs are all Mahants of various Maths situated in the Province of Oriasa and the suit was brought by them in a representative capacity under Order X, Rule 8, Civil P. C. No evidence was led by either side and the sole question in dispute is a question of law regarding the competence of the Orissa Legislature to enact the Orissa Hindu Religious Endowments Act, 1939, hereinafter referred to as the impugned Act.2. The impugned Act was passed by the Orissa Legislative Assembly and received the assent of the Governor. General on 31st August 1933. The Assembly passed the said Act in exercise of the legislative powers conferred on them by Sections 99(1) and 100(3), Government o...
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
Jagannadhadas, C.J.1. This is an application under Article 226 of the Constitution by the petitioner who is the proprietor of Madhupur Estate in Cuttack district, against the State of Orissa and the Court of Wards of the Orissa State, as well as against the Deputy Collector in charge of the Wards Estate. The State Government by virtue of the powers conferred on it under Section 16, Orissa Court of Wards Act, 1947, issued notification No. 9876/R dated the 7th December 1951, in the Revenue Department declaring the petitioner a disqualified proprietor under Section 10 (f) (iv) of the said Act and published the same in the Orissa Gazette in accordance with the provision of Section 21 of the Act. The Court of Wards assumed superintendence of the Madhupur Estate by virtue of the said notification on the 8th December 1951. Since then, the Estate has been under the management of the Court of Wards. The petitioner has accordingly come forward with this application dated the 5th March 1952, chal...
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori359
Das, C.J. 1. This is an application by the Petitioner who is a nominated fellow of the Utkal University, made under Article 226 of the Constitution for the issue of a writ in the nature of Quo Warranto as against the Vice-Chancellor and certain fellows of the Utkal University, challenging the election of some of them to the Senate of the University in the following circumstances :2. The application arises out of the requirement in Section 12 of the Utkal University Act, which provides for the compulsory retirement of one-fifth of the elected Fellows of the Senate in rotation at the end of each year. The names of the persons who have to be retired are determined by the process of balloting, to be conducted by the Vice-Chancellor, as provided in the Statutes framed by the Senate under the University Act. The names of those persons who were to retire by the end of December, 1952, were in fact determined by the process of balloting carried out by the then Vice-Chancellor. Thereupon a fresh...
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori196
Narasimham, C.J. 1. These appeals have been filed by the State of Orissa against the decision of the Arbitrator, Hirakud Land Organization, Sambalpur, awarding certain specified sums as compensation to the various respondents whose lands were acquired in connection with the Hirakud Dam Project. The acquisition was made under the provisions of the Orissa (Development of Industriess, Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons) Land Acquisition Act, 1948 (Orissa Act No. 18 of 1948) (hereinafter referred to as the Act) which provided for the speedy acquisition of lands for the Hirakud Dam Project and some other specified projects. Section 7 of the Act dealt with the method of determining the compensation payable to the owners of lands so acquired. If the parties did not reach an agreement as to the amount of compensation payable, that section required that a reference of the dispute may be made to an arbitrator to be appointed by the State Governmen...
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori46
Narasimham, C.J. 1. This is a petition under Article 226 of the Constitution for a declaration that the Orissa Municipal Elections Validation Ordinance 1959 (Orissa Ordinance No 1 of 1959) (hereinafter referred to as the Ordinance) is void and inoperative in its application to Cuttack Municipality and for a permanent injunction restraining the State of Orissa (opposite party No. 1) from enforcing the Ordinance and restraining opposite parties Nos. 2 to 28 from exercising their functions as Councillors, Chairman and Vice-Chairman as the case may be, of Cuttack Municipality. 2. The elections to Cuttack Municipality took place during the period from December, 1957 to March, 1958 and opposite parties 2 to 28 were dulydeclared elected as Municipal Councillors. Opposite party No. 3 Sri Manmohan Misra was elected Chairman and opposite party No. 15, Sri Mahendra Kumar Sahu was elected Vice Chairman of the said Municipality. The petitioner Sri Bhupendra Kumar Boss who was one of the defeated ca...
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