Orissa Court November 2001 Judgments
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Minati Sahoo Vs. Baishnab Raut and anr.
Court: Orissa
Decided on: Nov-29-2001
Reported in: 93(2002)CLT55; 2002(I)OLR52
P.K. Patra, J.1. This Miscellaneous Appeal under Order 33, Rule 1 (r) of the Code of Civil Procedure (for short 'CPC') is directed against the order dated 10-4-2001 in Misc. Case No. 23 of 2001 arising out of Title Suit No. 3 of 2001 passed by the Civil Judge (Senior Division), Bhubaneswar rejecting the prayer for temporary injunction under Order 39, Rules 1 and 3 read with Section 151, CPC.2. Appellant is the plaintiff in the suit. She filed the suit for declaration of her title, confirmation of her possession and permanent injunction in respect of the disputed homestead land meansuring Ac. 0.250 decimals out of a total area of Ac. 2.322 deciamals appertaining to plot No. 6, Khata No. 191 of Mouza Chandrasekharpur, district-Khuda. She prayed for temporary injunction against defendant-respondent Nos. 1 and 2 till the disposal of the suit alleging that they were trespassers. Defendant Nos. 3, 4 and 5 are the vendors who sold the suit land to the plaintiff, vide registered sale deed Nos....
U. Co. Bank, College Square, Cuttack Vs. Khetramani Mohanty and anr.
Court: Orissa
Decided on: Nov-29-2001
Reported in: 93(2002)CLT103
P.K. PATRA, J.1. These two Misc. Cases have been filed by the U. Co. Bank (previously known as United Commercial Bank), the sole appellant in First Appeal No. 281 of 2000.2. The appellant-petitioner's suit for Rs. 9,60,511.55 against respondent-defendant No. 1 - Mrs. Khetramani Mohanty and respondent-defendant No. 2- Urban Co-operative Bank, College Square Branch, Cuttack has been preliminarily decreed in part for Rs. 6,58,711.55 on contest against defendant No. 1 and ex-parte against defendant No. 2 and the claim of defendant No. 1 for set off has been decreed in part to the extent of Rs. 3,03,800.00 by the Second Additional Civil Judge (Senior Division), Cuttack vide his judgment dated 12.5.2000.Being aggrieved by the said judgment, the appellant filed the First Appeal affixing court-fee of Re. 1.00 only on 3.11.2000. According to the plaintiff-appellant, the court-fee payable was Rs. 10,336.66. The appellant filed an application under Section 149 of the Code of Civil Procedure, 1908...
Padan Paltasingh Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-29-2001
Reported in: 2002(I)OLR193
P.K. Patra, J.1. In this application under Section 439(2) of the Code of Criminal Procedure, 1973 (Act 2 of 1974) (hereinafter referred to as 'Cr.P.C.'), the petitioner has prayed for cancellation of bail granted to opposite Party No. 2 Rasa Samantaray in S.T. No. 121 of 2000 arising out of G. R. Case No. 270 of 2000 corresponding to Khurda P. S. Case No. 113 of 2000, pending in the Court of the Additional Sessions Judge, Khurda.2. Petitioner is the brother of deceased Gopinath Paltasingh. It was alleged by the prosecution that on 8.4.2000 at about 10 a.m. while the deceased was returning to his house, opposite party No. 2 dealt a blow on his head by means of a Wooden plank, causing severe bleeding injury. Initially the case was registered against opposite party No. 2 under Sections 307/323. IPC by the I.I.C. of Khurda P.S. but when the injured succumbed to the injury, the case turned to one under Section 302, IPC and after commitment of the case to the Court of Session opp. party No. ...
Srikanta Dash Vs. State of Orissa
Court: Orissa
Decided on: Nov-23-2001
Reported in: 93(2002)CLT74; 2002CriLJ816; 2002(83)ECC368
M. Papanna, J. 1. The learned Judge, Special Court, Dhenkanal having refused the petitioner's prayer for bail in Special Case No. 4 of 2001 arising out of Hindol P.S. Case No. 36 of 2001 under Section 20(a) of the Narcotric Drugs and Psychotrophic substances Act, 1985 (in short N.D.P.S. Act), he has approached this Court under Section 439 Cr.P.C. seeking his release on bail. 2. On a definite information received in Hindol P.S. to the effect that the present petitioner Srikanta Dash of Bhagabanpur cultivated in bari, cannabis plants, the O.I.C. of concerned P.S. reflected this fact in Station Diary Entry No. 341 dt. 18.8.2001 before proceeding to the spot intimating the same by the by to his immediate superior officer over V:H.F. message followed by extract of the Station Diary entry. Having visited the spot where after compliance of mandatory provisions of the Act, he detected in the bari of the petitioner live cannabis plants numbering six, which were uprooted from the ground in prese...
Binod Kumar Gupta Vs. State of Orissa
Court: Orissa
Decided on: Nov-23-2001
Reported in: 93(2002)CLT108
M. Papanna, J. 1. This is an application under Section 439 Cr.P.C. filed by the petitioner seeking pretrial bail in Plant Site Rourkela P. S. Case No. 30/2001 corresponding to G. R. Case No.121/2001 now subjudice before the learned Addl. Sessions Judge, Rourkela.2. On receipt of reliable information that the petitioner was in possession of ganja at Old Bus Stop, Rourkela, the police, Plant Site P. S. searched his person and recovered and seized 5 Kgs. of ganja contained in an attache. In support of such possession when he failed to produce any licence or authority S. I. of Police, Shri B.C. Mishra, set the criminal law into motion by lodging an FIR before the I.I.C., Plant Site P.S., Rourkela, who in turn registered Plant Site Rourkela P. S. Case No. 30/2001 under Section 20(b)(i) of the N.D.P.S. Act (in short 'the Act').3. The prayer for bail moved before the learned Additional Sessions Judge, Rourkela, having been rejected the present petition seeking for pre-trial bail has been file...
Adwait Ch. Jena Vs. Khandahata Gram Panchayat and ors.
Court: Orissa
Decided on: Nov-22-2001
Reported in: 93(2002)CLT71
A.S. Naidu, J .1. This writ application under Articles 226 and 227 of the constitution of India is filed challenging the order dated 20.10.1990 passed by the Collector, puri in G.p. Appeal No. 1 of 1985 vide Annexure -9 dismissing the same and confirming the order passed by the Sub-divisional officer, puri.2. The case has a chequered career, in as much as this is the second writ application filed by the petitioner. The short facts which are necessary to appreciate the dispute are statedhereinbelow:The petitioner was appointed as Secretary of Khandahata Gram panchayat in the year 1980. It is averred that he was discharging his duties sincerely, honestly and to the best satisfaction of the authorities. Opposite party No. 4 was elected as the Sarpanch of khandahata Gram panchayat, (opposite party No. 1) in January 1984. It is stated that in order to encash the past rivalry, opposite party No. 4 started putting several obstacles on the way of the petitioner's lawful discharge of duties. Th...
Suka Nayak Alias Bewa Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-22-2001
Reported in: 2002(I)OLR106
A.S. Naidu, J.1. The point which needs determination in the present writ application is as to whether 'two widows' of a Government employee are entitled to receive family pension in consonance with Rule 49(6)(i) of the Orissa Civil Services (Pension) Rules, 1992 (hereinafter referred to as 'Pension Rules, 1992') read with Rule 56 (6)(a)(i) of the said Rules. For the sake of brevity, the aforesaid two rules are quoted herein below:'49. Death/retirement gratuity - (1) In the case of a Government servant, who has completed five years of qualifying service, on retirement from service shall be paid a Retirement Gratuity equal to one-fourth of his last emoluments for each completed six monthly period of qualifying service subject to a maximum of 16 1/2 times of the emoluments.xx xx xx xx(6) For the purpose of this rule and Rules 50.52 and 53, 'family' in relation to a Government servant means-(i) wife or wives (including judicially separated wife or wives) in the case of a male Government se...
Gati Krisna Misra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-19-2001
Reported in: 2002(I)OLR69
R.K. Patra, A.C.J.1. The petitioner in this application under Articles 226 and 227 of the Constitution of India seeks quashing of the order dated 13-12-1999 of the Tahasildar, Dhenkanal at Annexure 3 and order dated 11-7-2001 of the Sub-Collector, Dhenkanal at Annexure-4. His further prayer is that the Tahasildar, Dhenkanal opp. party No. 4 should be directed to correct the Record-of-Right by recording his name as tenant in respect of the land admeasuring Ac.0.566 decimals appertaining to Plot Nos. 2994, 2995, 2996 and 2997 in Khata No. 2099 of Mouza-Dhenkanal town (hereinafter referred to as 'the disputed land').2. Briefly stated, the petitioner's case is that he is the owner of the disputed land. During Khanapuri operation the disputed land was recorded in his name, but during the attestation his name was deleted and the disputed land was recorded in the Abadajogya Anabadi Khata in Government holding with a note of possession in his favour since 1942-43. Being felt aggrieved by such ...
Jhumpa Panigrahi and ors. Vs. Smt. Tanu Gouda
Court: Orissa
Decided on: Nov-16-2001
Reported in: 2003CriLJ385; 2002(I)OLR104
ORDERP.K. Tripathy, J.1. Learned counsel for the petitioners files certified copy of the orders in E.P. No. 6 of 1996 and the correspondences made in that proceeding besides the reports of the process-server. It be kept on record.2. Heard.3. This application under Section 482, Cr. P.C., is disposed of at the stage of admission after hearing learned counsel for the petitioners inasmuch as the opposite party/ complainant after receipt of the notice has not entered appearance.4. Petitioners are the accused persons in ICC No. 59 of 1998 in the Court of the J.M.F.C., Aska. Opposite party instituted the aforesaid complaint alleging the offences under Sections 448/380/395/354/294/325/427/506/34, IPC, with the allegations that on 11-8-1998 accused persons demolished her dwelling house and removed the household articles by use of force. On perusal of the statement in support thereof learned S.D.J.M. found existence of a prima facie case and on 1-11-2000 took cognizance of the offences under Sec...
R. Srinibas Pattnaik Vs. Registrar, District and Sessions Judge Court, ...
Court: Orissa
Decided on: Nov-13-2001
Reported in: 93(2002)CLT36
R. K. Patra, ACJ 1. In this writ petition the petitioner prays for a direction to the opposite parties to appoint him against the vacant post or junior clerk under the judgeship of the District Judge, Koraput.2. Briefly stated, his case is that the District Judge, Koraput, Jeypore made an advertisement dated 14.8.1992 inviting applications from eligible candidates for filling up of posts of Junior Clerk. Persuant to the said advertisement, he applied, qualified himself in the written test and thereafter appeared in the viva-voce test. He became successful and his position was at serial no. 52 of the panel list published on 13.10.1992 at Annexure - 4. One Pradeep Kumar Bal filed a writ petition bearing O.J.C.No 2466 of 1995 alleging that although his position in the panel list was at 25the, instead of appointing him the District Judge was going ahead to recruit fresh candidates. By order dated 10.8.1995 this Court disposed of the writ petition with a direction that 'no fresh general can...
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