Orissa Court May 1999 Judgments
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Jaimani Majhi Vs. Truptimayee Meher and ors.
Court: Orissa
Decided on: May-04-1999
Reported in: AIR1999Ori196; 88(1999)CLT227
A. Pasayat, Actg. C.J.1. Petitioner calls in question legality of decision rendered by the Election Commissioner-cum-Civil Judge (Senior Divn.), Naupada and learned District Judge, Kalshandi-Nuapada in respect of a petition under Section 44 of the Orissa Panchayat Samiti Act, 1959 (in short, the 'Act'). Petitioner was elected as a Samiti member from Gorla Samiti constituency of Sinapali Block, while opp. party No. 1 Truptimayee Meher was elected from Hatibandha constituency of the same Block. Post of Chairman of Sanapali Panchayat Samiti was reserved for Scheduled Tribe woman candidate. Both petitioner and opposite party No. I contested for Chairmanship. Petitioner was elected. It is to be noted that election was held on 23-1-1997. An election dispute was filed by opp. party No. 1 challenging petitioner's election on the ground that she does not know how to read and writeOriya. Learned Civil Judge as Election Commissioner on assessment of evidence came to hold that petitioner was disqu...
Paramananda Baug Vs. State of Orissa Represented Through the Collector ...
Court: Orissa
Decided on: May-01-1999
Reported in: 1999(II)OLR71
A. Pasayat, A.C.J.1. Order passed by the learned District Judge, Balasore in Munsif Appeal No. 12 of 1993 on 15.2.1997 is under challenge in this application. By the said order two applications, one filed under Order 6, Rule 17 and the other under Order 1, Rule 10 of the Code of Civil Procedure, 1908 (in short, 'CPC') were disposed of. Case at hand relates to the order passed in respect of the application under Order 1, Rule 10, CPC filed by opp. party Nos. 3 to 6. It is to be noted that the Original Suit No. 719 of 1989-I was filed by petitioner as plaintiff in the Court of Civil Judge (Junior Division), Balasore for a declaration that the orders passed in O.L.R. Revision Case Nos. 77 of 1987 and 84 of 1987 by Member, Board of Revenue on 24.8.1989 were illegal, without jurisdiction, void and inoperative and the same were not binding on him. Further prayer was for declaration of right, title and interest in respect of the suit land. Prayer was also made for restraining the defendants, ...
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