Orissa Court August 1999 Judgments
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Smt. Radha Kanta Sahu Vs. Bijaya Pratap Singh Deo and ors.
Court: Orissa
Decided on: Aug-23-1999
Reported in: 1999(II)OLR669
D.M. Patnaik, J.1. This is the plaintiff's appeal against the confirming judgments of both the Courts below dismissing the suit for declaration of title and possession.2. The disputed land measures Ac. 0.06 decimals under Plot No. 487/6 under Khata No. 76 of village Durgapur in Uditnagar Tahasil, Rourkela. The plaintiff claims the property on the basis that she has been adversely possessing the same since the year 1 947 and by the time of filing the suit, she has prescribed the title by adverse possession.3. Defendant No. 1, the respondent before this Court, happens to be son of Sibanarayan Singh, the latter being the brother of Kishore Chandra Singh with whom the land was settled under a Hukumnama from the Ex-Zamindar. The defendant No. 1 claims title and possession on the basis that he is the nephew of Kishore Chandra Singh. It is further his case that the defendant belongs to Scheduled Tribe whereas the plaintiff is a non-Scheduled Tribe. Since she possessed the land of a Scheduled ...
Bijay Kumar Sharma Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-20-1999
Reported in: 88(1999)CLT380; 1999(II)OLR395
A. Pasayat, Acting C.J.1. Considering alarming increase of cases where the police personnel and learned members of the Bar make accusations against each other, this Court on several occasions has tried to find a way out. The primary consideration in such cases was that such disputes do not bring any glory to either the police personnel or the learned members of the Bar. In OJC No. 7702 of 1997 disposed of on 15.7.1997 also this question was considered. The case at hand has direct link to the said case. Certain observations made while disposing of the aforesaid case need to be quoted.'while disposing of OJC No. 9367 of 1996 this Court took note of alarming rise in number of cases involving members of legal profession and police personnel and directed that some remedy of lasting value should be found out to avoid such unnecessary and undesirable controversies/confrontations. Order dated 24.9.1996 passed in OJC No. 9367 of 1996 reads as follows :'We dispose of the above two writ petitions...
Dera Grama Panchayat Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-17-1999
Reported in: 1999(II)OLR463
A. Pasayat, Acting C.J.1. In this writ application Dera Grama Panchayat challenges the order dated 2.7.1999 passed by the Collector, Kendrapara to the effect that the Sairat which was transferred to the Grama Panchayat for management by order dated 2.2.1999 stood revoked.2. Petitioner's stand in essence is that such action even without grant of opportunity to have its say in the matter was in clear violation of the principles of natural justice..Stand of the opposite parties in the counter affidavit filed indicates that several factors weighed with the authorities in revoking the earlier order of settlement of the sairat. It is stated that undisputedly the property belongs to the State and in case of mismanagement it has power to withdraw the property and as statute does not postulate grant of an opportunity, petitioner cannot make a grievance.3. The property was transferred in exercise of power conferred Under Section 73 of the Orissa Grama Panchayats Act, 1965 (in short, the 'Act'). ...
Sarojini Mishra Vs. State of Orissa
Court: Orissa
Decided on: Aug-16-1999
Reported in: 92(2001)CLT622
Pradipta Ray, J.1. The petitioner filed an application in the court of the District Judge, Cuttack for grant of letters of administration in her favour on the strengh of a registered Will dated February 24, 1989 executed by her mother-in-law. The said application was registered as Misc. Case No. 19 of 1995. The petitioner, who is a lady, filed an application for exemption of the court fee payable in the said misc. case on the basis of the State Government's notification being S.R.O. No. 575 of 1994 dated June 7, 1934. By order dated February 12, 1996 the District Judge, Cuttack granted exemption from payment of Court fee. However, subsequently he recalled that order of exemption in view of this High Court's decision in Sharmila Das v. State of Orissa, reported in Vol. 85 (1998) C. L. T.--520.2. Sharmila Das's case relates to an application for grant of Succession Certificate Under Section 372 of the Indian Succession Act,1925 (hereinafter referred to as 'the Act').. Relying on the prov...
Chandramani Mishra Vs. Land Acquisition Collector, U.i. Project
Court: Orissa
Decided on: Aug-13-1999
Reported in: 89(2000)CLT236; 1999(II)OLR288
B.P. Das, J.1. This revision application is directed against the order dated 27.2.1998 passed by the Civil Judge (Senior Division), Dharamgarh, in M.J.C. No. 66 of 1997 dismissing the petitioner's application under Order 9, Rule 9 of the Code of Civil Procedure. 1908 (in short 'the C.P.C) read with Section 151 thereof praying for setting aside the order dated 24.4.1992 confirming the award of the Land Acquisition Collector in L.A. Case No. 13/87.2. The brief facts leading to the present revision application are that the land of the petitioner was acquired for public purpose, i.e., for construction of Upper Indravati Project at Kusumkhunti in the district of Kalahandi and accordingly compensation was awarded and the petitioner also received the same with objection, the same being that the compensation was grossly low and not sustainable in the eye of law. The said objection was referred Under Section 18 of the Land Acquisition Act to the Civil Judge (Senior Division). Bhawanipatna, whic...
Bhaskar Behera Vs. State of Orissa
Court: Orissa
Decided on: Aug-12-1999
Reported in: 88(1999)CLT361; 1999(II)OLR291
R.K. Dash, J.1. The petitioner, accused of having committed rape on a minor girl aged 15 years, has filed this application for bail, his prayer having been rejected by the learned Sessions Judge, Balasore.2. The prosecution allegation as borne out from the FIR is that on 28.6.1998, the victim girl (name withheld), aged 15 years, had been to Sajanagarh with her two minor sisters to witness car festival. On that day, it is alleged, the petitioner forcibly took her behind a cabin and sexually molested her. On return to village she narrated the incident to her mother, whereafter a written report was lodged at Nilagiri Police Station on the basis of which a case Under Section 376, IPC was registered. During investigation the petitioner was apprehended and forwarded to the Court of the S.D.J.M., Nilagiri. He moved that Court for bail and the same having been rejected, he approached the learned Sessions Judge, Balasore. which also met with the same fate. Hence, the present application.3. Lear...
Sukanta Bhoi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-10-1999
Reported in: AIR2000Ori28
P.C. Naik, J.1. In this petition under Articles 226 and 227 of the Constitution of India, petitioner Sukanta Bhoi. Sarpanch (under suspension) of Satyabhamapur Grain Panchayat under Balianta Police Station in the district of Khurda has challenged the order dated 27-5-1999 of his suspension passed by the Collector and District Magistrate, Khurda under Section 115 (1) of the Orissa Gram Panchayat Act, 1964 (Orissa Act 1 of 1965) (hereinafter referred to as 'the Act'), communicated to him vide letter No. 337 dated 27-5-1999, Annexurc-4 to the writ petition.2. The petitioner had been elected as the Sarpanch of Satyabhamapur Gram Panchayat in January. 1997. It is alleged that since he was not owing allegiance to the Ruling Party of the Stale, he incurred the wrath of the local leaders. At the instance of the local leaders who were opposed to the petitioner, the sub-Collector, Bhubaneswar, vide his letter dated 16-12-1998 (Annexure-1) alleged that certain financial irregularities were commit...
Prativa Rath Vs. Secretary, Board of Secondary Education, Orissa and o ...
Court: Orissa
Decided on: Aug-10-1999
Reported in: AIR1999Ori235; 1999(II)OLR316
P.C. Naik, J.1. This is the third journey of the petitioner to the Court for simple relief which is for issuance of a direction to opposite party No. 1-Board of Secondary Education, Orissa, to declare the result of the C. T. Examination in which she appeared in 1991.2. The facts are simple. After passing the High School Certificate Examination in the year 1987, the petitioner joined the Women's Secondary Training School at Kaduapada to undertake C. T. course. After completing it, she appeared at the Special C. T. Examination which was held in the year 1991. An Admit Card was issued assigning her the roll number 118299. Her result was, however, withheld on the ground that she was under-age. It is the case of the petitioner that on more than one occasion she approached the authorities and also filed a representation along with her matriculation certificate to, show that she was not underage and as such her result be declared. However, as the Board did not pay any heed to her representati...
Manoj Kumar Mishra Vs. Indramani Panigrahi and ors.,
Court: Orissa
Decided on: Aug-10-1999
Reported in: 88(1999)CLT590; 1999CriLJ4369; 1999(II)OLR302
P.K. Patra, J.1.These four cases Under Section 439(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') have been filed by Manoj Kumar Misra, the informant in Komna Police Station Case No. 2 dated 25.1.1997 corresponding to G.R.Case No. 22 of 1997 on the file of the S.D.J.M., Nawapara Under Sections 147, 148, 323, 324, 325, 307 and 308 read with Section 148, IPC, praying for cancellation of bail granted to eight opposite parties in Cri.Misc. Case No. 164/98, one opposite party in Cri. Misc. Case No. 4030/97, three opposite parties in Crl. Misc. Case No. 4077/97 and thirteen opposite parties in Cri. Misc. Case No. 4078/97, alleging that the said opposite parties were illegally granted bail by the Sessions Judge, Kalahandi-Nawapara and that the opposite parties are misutilising the liberty granted to them by terrorising the witnesses in the case.2. All the four cases have been heard together and are disposed of by this common judgment.3. According to the petitioner, on 25.1.1...
Lokanath Mishra, Nationalist Lawyers Forum and Sisir Das Vs. State of ...
Court: Orissa
Decided on: Aug-10-1999
Reported in: 88(1999)CLT399; 1999CriLJ4719; 1999(II)OLR241
A. Pasayat, Acting C.J.1. These four petitions have been filed alleging contempt on the part of opposite parties Nos. 2 to 11 in Original Criminal Misc. Case No. 273 of 1995 and 278 of 1995, 1 to 13 in Original Criminal Misc. Case No. 279 of 1995 and 4, 5 and 6 in Original Criminal Misc. Case No. 285 of 1995 in maliciously criticising an Honourable Judge of this Court in respect of a judicial order passed. As the controversy involved in these applications is similar, this judgment shall govern each one of them.2. In Original Criminal Misc. Case No. 273 of 1995 petitioner is an Advocate and has alleged that the contemnors - opposite party Nos. 2, 3, 4, 5, 6 and 7 have committed contempt in the manner described hereinafter. According to petitioners the said opposite parties are members/ office bearers of certain organisations who held a Press Conference at Cuttack and made contemptuous statements against the Hon'ble Judge. The said statements were published in the Oriya daily 'The Samaj'...
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