Court : Orissa
Decided on : Jan-19-2009
Reported in : 107(2009)CLT772
A.S. Naidu, J.1. After being unsuccessful before the Supreme Court in Special Leave Petition No. 23158 of 2004, the Petitioner has once again approached this Court by filing a review petition under Order 47, Rule 1 read with Section 114 of the Code of Civil Procedure, inter alia, praying to review the Judgment dated 24th May, 2004 passed by the Division Bench of this Court in Letters Patent Appeal No. 41 of 2002. The said petition has been registered as RVWPET No. 71 of 2004. The present Misc. Case has been filed under Section 5 read with Section 14 of the Limitation Act praying to condone the delay in filing the review petition. According to the Stamp Reporter, there is a delay of 150 days. In the Misc. Case, it is averred that the Judgment dated 24.6.2004 passed in L.P.A. No. 4l of 2002 was challenged before the Supreme Court in Special Leave Petition No. 23I58 of 2004 and after dismissal of the Special Leave Petition, the review petition has been filed and as such, the delay should ...
Tag this Judgment!Court : Orissa
Decided on : Feb-13-2009
Reported in : (2009)107CALLT469(NULL)
B.S. Chauhan, C.J.1. This Writ Petition has been filed to issue direction to the Opposite Parties to appoint the Petitioner as peon on compassionate ground under the Orissa Civil Service (Rehabilitation Assistance) Rules, 1990 (hereinafter called the 'Rules').2. The facts and circumstances giving rise to this case are that Petitioner's husband Late Bijaya Kumar Minz, who was working as Process Server in the office of District Judge, Sundargarh died on 16.9.1997 leaving behind his wife, Smt. Kishori Minz/Petitioner, three minor daughters and one minor son. Petitioner filed an application seeking appointment for herself under the aforesaid Rules. The Opposite Party No. 2 held an inquiry on the financial status of the Petitioner, as to whether the family was in distress. The Revenue Inspector, Sadar, Sundargarh enquired into the matter and submitted a report to the Tahasildar, Sadar, Sundargarh on 14.5.1998 certifying that the family was in distress and rehabilitation assistance should be...
Tag this Judgment!Court : Orissa
Decided on : Mar-03-2009
Reported in : 107(2009)CLT632
I.M. Quddusi, J.1. By means of this Writ Petition, the Petitioners have challenged the office Order Dated 22nd January, 2008 passed by the Managing Director, Orissa Forest Development Corporation Ltd. by which the Petitioners who were working as Field Assistants of Bhubaneswar (C) Zone Office/Bhubaneswar (C) Division were transferred and posted as such in divisions noted against their name against existing vacancies of Watchers as they were found to be surplus.2. The brief facts of the case are that the Petitioners were appointed as Mate, which was later on redesignated as Field Assistants, which is a Class III post The Orissa Forest Development Corporation Ltd. by office order No. 877 dated 15th November, 2006, circulated the final seniority list of the Field Assistants after disposal of the representation received from the employees concerned on the provisional seniority list and reports of the Divisional Managers of OFDC Ltd. The said seniority list is enclosed as Annexure-1 to the ...
Tag this Judgment!Court : Orissa
Decided on : Mar-04-2009
Reported in : 107(2009)CLT704
A.S. Naidu, J.1. The Judgment dtd. 16th August, 2003 passed by the District Judge-Cum-MACT (1), Bolangir, in M.J.C. No. 519/115 of 1993-2001 is assailed in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 by the New India Assurance Co. Ltd., Bolangir Division.2. Purushottam Purohit along with his son Artatrana Purohit and others was travelling in an Ambassador Car bearing Regn. No. OR-03-1819 from Bolangir to Bhubaneswar on 30th May, 1993 morning. It was alleged that due to rash and negligent driving of the driver, the said Car had a head on collusion with a Truck bearing Regn. No. ORH-1945 which was also travelling in a high speed and coming from the opposite direction. Consequent to such accident Purushottam Purohit sustained grievous injuries and unfortunately succumbed to the said injuries. Other occupants of the Car also sustained injuries. Purushottam Purohit, it is averred in the petition filed under Section 166 of the M.V. Act, was aged about 62 years at the ...
Tag this Judgment!Court : Orissa
Decided on : Mar-23-2009
Reported in : 107(2009)CLT845
B.S. Chauhan, C.J.1. This Writ Petition has been filed against the Judgment and order of the Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter called the 'Tribunal') dated 1.1.2002 ((Annexure-5) rejecting the O.A. No. 329 of 1997 filed by the Petitioner for quashing the departmental proceedings.2. The facts and circumstances giving rise to this case are that the Petitioner was appointed as Extra Departmental Branch Post Master at Gunupur Branch Post Office, Gunupur in the year 1958. In the year 1965 he was put under suspension due to institution of criminal proceedings against him, but he was acquitted of all the charges. Thereafter in 1975 he demanded for his reinstatement in service. But his demand was turned down by the Department as Departmental Proceedings were initiated on the charges of misappropriation. On conclusion of the proceedings Petitioner was dismissed from service. Against that order, the Petitione preferred a Writ Petition bearing No. OJC No. 1082 o...
Tag this Judgment!Court : Orissa
Decided on : Mar-27-2009
Reported in : 107(2009)CLT796
B.S. Chauhan, C.J.1. This Writ Petition has been filed for setting aside the order passed by the Special Land Acquisition Officer, MIP, Jagatsinghpur in favour of Opposite Party Nos. 2 and 3 making reference under Section 28A of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act').2. The facts and circumstances giving rise to this case are that a large track of area stood notified under the provisions of Section 4 of the Act on 30th June, 1982 (Annex.-1) including the land in dispute. Declaration under Section 6 of the Act was made in respect of the said area including the land involved herein vide notification dated 6.12.1982 (Annex-2). The Special Land Acquisition Officer assessed the market value of the land at the rate of Rs. 12,500 per acre. Subsequent thereto, some persons filed an application for reference under Section 18 of the Act and in L.A. Misc. Case No. 350 of 1995 the Court of Learned Civil Judge (S.D), Jagatsinghpur, the Learned Civil Judge (S.D.), Jaga...
Tag this Judgment!Court : Orissa
Decided on : May-04-2009
Reported in : AIR2009Ori185; 2009(II)OLR183
B.N. Mahapatra, J.1. In this writ petition, the petitioner challenges the action of the R.T.O., Rourkela, Sundargarh-O.P. No. 1 (hereinafter referred to as 'the R.T.O.'), refusing to transfer the ownership of Truck bearing Registration No. OR-14-C-7343 in the name of the petitioner, who purchased it in auction from the Orissa State Financial Corporation (hereinafter referred to as 'the Corporation') and to issue road permit for non-payment of arrears of tax outstanding against the said vehicle prior to the date of auction on the ground that such action of the R.T.O. is illegal and arbitrary.2. The facts and circumstances giving rise to this petition are that one Rajib Kumar Pratihari availed a loan from the Corporation and purchased a Tata Truck bearing Registration No. OR-14-C-7343. As there was default in repayment of the loan to the Corporation, possession of the vehicle was taken over by the corporation under Section 29 of the State Financial Corporations Act, 1951 (hereinafter ref...
Tag this Judgment!Court : Orissa
Decided on : May-11-2009
Reported in : 2009(II)OLR161
S.B. Sinha, J.1. Leave granted.2. Interpretation of the provisions of Section 299 of the Code of Criminal Procedure, 1973 (for short 'the Code'), Section 33 of the Indian Evidence Act, 1871 as also Section 14(5) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'the TADA') is involved in this appeal which arises out of a common order dated 6th March, 2007 passed by the Designated Court (TADA), Pune, in Application Exh. 1118 and 1227 in TSC No. 2/1996, 1/1997 and 2/1997.3. The said question arises in the following fact situation.One Suresh Narsinh Dube was shot dead at Nallasopara Railway Station in the suburbs of Mumbai on 9th October, 1989. The impleaded respondent herein, the brother of the deceased, filed a complaint petition with regard to the incident. Appellant absconded.A proclamation under Section 82 of the Code was thereafter issued on 9th February, 1993 declaring the appellant as a proclaimed offender. Subsequently, the said proclamation was also pu...
Tag this Judgment!Court : Orissa
Decided on : Aug-06-2009
Reported in : 109(2010)CLT94
S.C. Parija, J.1. The widow of the deceased insured has filed this Writ Petition assailing the action of the Life Insurance Corporation of India (for short 'L.I.C.') in repudiating all liabilities under the insurance policy bearing No. 580572572 on the ground that the deceased insured had withheld correct informations regarding his health at the time of effecting the insurance policy with L.I.C. Accordingly the Petitioner has prayed for quashing of the letter of repudiation dated 18.3.1997 (Annexure-6) & to direct payment of the sum assured under the said policy.2. The brief facts of the case is that the husband of the Petitioner Babaji Charan Sahoo submitted a proposal for taking a life insurance policy with the L.I.C, Branch Office, Nimapara, in the district of Puri, on 21.2.1992.The proposal was accepted by the L.I.C. on 28.3.1992 & the insurance policy bearing No. 580572572 for an assured sum of Rs. 40,000 was issued by the L.I.C. in favour of the insured. The insured Babaji Charan...
Tag this Judgment!Court : Orissa
Decided on : Aug-11-2009
Reported in : 109(2010)CLT100
B.K. Patel, J.1. In this writ application filed under Articles 226 & 227 of the Constitution of India the Petitioner seeks to quash the Order Dated 8.1.2007 passed by the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Cuttack in W.C. Case No. 325-D of 2005, instituted by the Opposite Party No. 2-workman under the Workmen's Compensation Act, (for short, 'the W.C. Act').2. Petitioner's case in brief is that the Petitioner is a private limited company registered under the Companies Act, 1956 & engaged in execution of works under contract in the establishment of the principal employer M/s Utkal ., Choudwar (for short, 'the UMSL') The Opposite Party No. 2 while working in the establishment of the Petitioner sustained injuries on 1.9.2005 for which he was treated at the expenses of the Petitioner. Though the Opposite Party No. 2 did not report for work since the month of October, 2005, he filed W.C. Case No. 325-D of 2005 for compensation. On receipt of notices, t...
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