Orissa Court August 1993 Judgments
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Suvendra Kumar Pattnaik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-05-1993
Reported in: AIR1994Ori41
G.B. Patnaik, J.1. The order passed by the State Government in favour of opposite party No. 5 to open a 24 hours medicine store in the campus of the Sub-Divisional Hospital, Kamakhyanagar, is the subject-matter of challenge in this writ application.2. The petitioner's case, in brief, is that an advertisement was issued in daily 'Sambad' dated 27-11-1991 inviting applications from the intending persons for opening of a day and night medicine store in the premises of the Sub-Divisional Hospital, Kamakhyanagar, and applications were required to be filed within fifteen days from the date of publication of the advertisement. The advertisement has been annexed as Annexure-1. In pursuance of the advertisement, the petitioner submitted his application in the prescribed pro forma within the stipulated time, copy of which has been annexed as Annex.ure-2. Along with the petitioner, 25 others had submitted their applications pursuant to the advertisement under Annexure-1 and it has been averred th...
Balaram Palai and ors. Vs. Collector, Puri and ors.
Court: Orissa
Decided on: Aug-04-1993
Reported in: AIR1994Ori21
Hansaria, C.J.1. When this revision came up for hearing before a learned single Judge, he desired for the reasons incorporated in his order dated 28-4-1993 that the point involved should be authoritatively settled by a larger Bench. It is because of this order that the matter has been placed before this Bench.2. The point involved is whether, while dealing with ah application falling within the purview of Sub-rule (3) of Rule 8 of Order 1 of the Civil P. C., 1908, the party concerned must satisfy the court before his prayer for impleading him as a party in the suit is allowed that the same is necessary because the person who has filed the representative suit would act prejudicially to his interest. This was the view taken earlier by a learned single Judge in Chantamani v. Kasinath, (1979) 47 Cut LT 365 : (AIR 1979: NOC 93) (Orissa). The learned Judge before whom this revision came, however, thought differently because, according to him, that would be the relevant consideration when an ...
Sri Kishore Ray Thakur Bije Vs. Smt. Basanti Kumar Das and ors.
Court: Orissa
Decided on: Aug-04-1993
Reported in: AIR1994Ori113
ORDERG.B. Patnaik, J. 1. Plaintiff is the appellant against a reversing judgment in a suit for declaration of title and confirmation of possession on annulling the gift deed dated 24-9-1973 (Ext.C) executed by the plaintiff in favour of defendant No. 1 and for permanent injunction against the defendant. 2. Plaitiff s case, in brief, is that defendant No. 1 and her husband (defendant No. 2) were staying close by the plaintiffs residence. Defendant No. 1 is the plaintiff's husband's brother's daughter. While the plaintiff was ill and was suffering from severe chest pain, she wanted some money to meet the medical expenses and, therefore, she approached defendant No. 2 for a loan of Rs. 300/-. Defendant No. 2 insisted that some land should be given on mortgage. The plaintiffagreed to execute a mortgage deed and for that purpose went to the Sub-Registrar's Office and on the proposed mortgage deed put her thumb impression. The document in question had never been read over and explained to he...
Nityananda Rout Vs. State of Orissa
Court: Orissa
Decided on: Aug-04-1993
Reported in: I(1994)DMC434
L. Rath, J1. This application under Section 482 Cr.P.C. is directed against the original order of the S.D.J.M., Sambalpur dismissing her application under Section 125 Cr.P.C claiming maintenance from the opposite party and the revisional order of the Additional Sessions Judge, Sambalpur confirming the order of the S.D.J.M. The petition registered as Criminal Misc. Case No. 52 of 1988 put forth a case that the parties were married but the petitioner was being neglected and not given food or clothings as she had not brought sufficient dowry. During the Dasehara of 1987 when she had been to her parents' house, she fell ill. After recovery when she came to her husband's house, she was mercilessly beaten and driven out of the house and since then she has been staying with her parents. The opposite party filed show-cause in the case taking the stand, while admitting the marriage, that the petitioner was a unchaste lady arid had developed illicit relationship with one Bhramarbar Mahakud besid...
Rajkishore Mohanty and ors. Etc., Etc. Vs. Council of Higher Secondary ...
Court: Orissa
Decided on: Aug-03-1993
Reported in: AIR1994Ori31
Pasayat, J. 1. The dispute involved in these writ applications being identical, with consent of parties the applications were taken up together for hearing and are disposed of by this common judgment.2. 'An expert is one who knows more and more about less and less' said Nicholam M. Butler in a commencement address in a lighter vain. Similar words of 'Praise' are heaped on the Council of Higher Secondary Education. Orissa (In short, the 'Council'), the examining body in respect of Higher Secondary Examination. The petitioner in each case had appeared at the Annual Examination held in 1993. Each has come out successful, but correctness of marks awarded in various papers is questioned. It is asserted that there has been improper valuation and / or incorrect reflection in the mark list supplied. Some of the petitioners have gone to the extent of alleging that cover page of answer scripts may have been as supplied to them, but their answer scripts have been substituted and have been placed ...
Bhimasen Behera and anr. Vs. State of Orissa
Court: Orissa
Decided on: Aug-03-1993
Reported in: 76(1993)CLT934; 1993(II)OLR362
L. Rath, J.1. This revision is directed against the conviction of the petitioners for an offence Under Section 27 of the Orissa Forest Act (hereinafter referred to as 'the Act') read with Rule 21 of the Orissa Timber and other Forest Produce Transit Rules, 19&0 (for short 'The Timber Transit Rules') on the allegation of committing offence prohibited Under Section 5 of the Act and contravening provision of the Timber Transit Rules. The offence report submitted against the petitioners was that the Vigilance Staff, Berhampur and the Range Officer N.K. Jena with his staff, while patrolling at Parrikimai and Baghipada area detected truck bearing No. ORL 1177 carrying,1000 bamboos and non-Sal pieces. The petitioner No.. 1 was the driver of the truck and the -petitioner No. 2 was another occupant. There were other persons also in the truck but they have been subsequently let off and are not concerned in the present revision. On demand neither the driver nor the petitioner Mo. 2 could produce ...
Labanyabati Devi and ors. Vs. Member, Board of Revenue and ors.
Court: Orissa
Decided on: Aug-03-1993
Reported in: 76(1993)CLT937; 1993(II)OLR365
A.K. Padhi, J.1. Challenging the order of the Member, Board of Revenue, Orissa, Cuttack exercising his jurisdiction Under Section 39(2) of the Orissa Land Reforms Act, I960 hereinafter referred to as 'the Act'), the petitioners have filed this writ application.2. In the writ application, it has been averred that a suo matu proceeding was initiated against the two brothers Bamadev Satpathy and Durga Charan Satpathy sons of late Bholanath Satpathy. By the time of initiation of the proceeding the father of the petitioners was dead. Both the petitioners had filed written statements taking the stand that both the brothers were separated from each other in mess and property since 30 years and they do not constitute one family. The further stand of the petitioners was that they did not have property beyond the ceiling unit permitted under the Act.3. After considering the written statements of the petitioners in O. L. R. Case No. 608 of 1975 by order dated 29-11-1975 the competent authority he...
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