Orissa Court April 2001 Judgments
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Ramakrishna Pujhari Vs. State of Orissa and Others
Court: Orissa
Decided on: Apr-19-2001
Reported in: 92(2001)CLT339
ORDER1. Heard.2. The informant in Sessions Case No. 74 of 1998 of the Court of Sessions Judge, Kalahandi-Nuapada at Bhawanipatna has filed this application under sections 147/148/307/302/149/323, I. P. C, with the prayer to cancel the bail granted in favour of opposite party members 2 to 10.3. Petitioner's contention is that on the basis of the F. I. R. lodged, Junagarh P. S. Case No. 91 of 1997 was registered which corresponds to G. R. Case No. 353 of 1997 in the Court of S. D. J. M., Dharmagarh. After being committed to the Court of Session, the same has been registered as Sessions Case No. 74 of 1998. He further states that because of the attack and injuries inflicted by the opposite patty members the deceased succumbed and, therefore, the case was registered and charge-sheet was filed for the offences punishable under sections 147/148/302/307/149/ 323, I. P. C.. During the pendency of the proceeding in the courts below, prayer for bail of the opposite parties 4, 5, 6 and 7 was allo...
Sri Nabeen Chandra Sahu Vs. Sri Debasis Sahu
Court: Orissa
Decided on: Apr-19-2001
Reported in: AIR2001Ori181; 92(2001)CLT435
P.K. Mohanty, J.1. These two appeals arise out of the order dated 15-2-2000 passed by the learned Civil Judge (Senior Division), Aska partly allowing the plaintiff's prayer for injunction. Misc. Appeal No. 226 of 2000 is by the defendant against the partial injunction whereas Misc. Appeal No. 136 of 2000 is by the plaintiff who is aggrieved by the partial refusal of his prayer.2. In order to appreciate the contention raised at the bar, it is necessary to note the short facts of the case. The plain-tiff's case in short is that the defendant is his only son born through bis first wife late Snehalata Sahu who died in 1976. The plaintiff married for the second time and begot a daughter through her, but since the second wife also died in August, 1993 on the advice of his father and other family members and friends, he married for the third time on 1-12-1993, and the wife is presently working at Umaguda in Koraput district. The defendant, being the only son he was given good education and he...
Madhu Construction Company Vs. National Alluminium Company Ltd. and or ...
Court: Orissa
Decided on: Apr-19-2001
Reported in: AIR2001Ori169; 92(2001)CLT692
P.K. Mohanty, J.1. The petitioner calls in question theaction of opp. patties 2 to 4 in rejecting its tender at the techno-commereial bid stage and thereby retusing to open the price bidof the petitioner along with second part of the bidding of otherparticipants. 2. The petitioner's case briefly stated is that it is a proprietory concern undertaking Civil, Mechanical contract work. Pursuant to the notice inviting tender (hereinafter called 'NIT') dated 29-6-2000 (Annexure-4), the petitioner having experience of contracts over Rs. 15 lakhs in single tender earlier and financially sound and suitable to undertake the work, filed his tender along with earnest money deposit, document showing income-tax clearance, sales-tax clearance licence of electrical contractor experience certificate of having undertaken the type of work required and copies of the work orders. Several others also filed their tender papers. The petitioner alleges that the tenders filed by the others were defective in som...
The New India Assurance Co. Ltd. Vs. Sanju Behera and ors.
Court: Orissa
Decided on: Apr-19-2001
Reported in: 2003ACJ171; 2001(II)OLR28
P.K. Mohanty, J.1. The appeal is by the Insurance Company against the order of the learned 5th Motor Accident Claims Tribunal, Bhubaneswar awarding a sum of Rs. 2,65,500/- as compensation of favour of the claimant-respondents with interest.2. Sri P. C. Pattnaik, learned counsel for the claimants/ respondents has raised the question of maintainability of the appeal on merit at the instance of the Insurance Company in absence of an order of the Claims Tribunal passed Under Section 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') to contest the award on merit. It is his submission that the appellant/Insurance Company having not moved the learned Tribunal Under Section 170 of the Act for being impleaded as a party to the proceeding and contesting the same, it cannot challenge the award on merits only because it was impleaded as a party to the claim proceeding by the claimants. The leaned counsel argues that the Insurance Company an only challenge the award of the ...
Rasananda Rout Vs. Commissioner, Consolidation and Settlement and ors.
Court: Orissa
Decided on: Apr-19-2001
Reported in: 2001(II)OLR163
P.K. Misra, J.1. The petitioner has challenged the order passed by the Commissioner, Consolidation and Settlement, Orissa, Bhubaneswar, rejecting the revision of the petitioner Under Section 15(b) of the Orissa Survey and Settlement Act, 1958. The petitioner claims that he has title over the disputed property, but the same has been wrongly recorded in Rakshit Khata of the State Government as Gochar land.2. Law is well settled that Records-of-Rights neither create, nor extinguish title. The revisional authority has refused to entertain the matter as the revision had been file 15 days after the final publication of the Record-of-Rights. Since the question of title is involved and disputed questions of fact are likely to arise, it is more appropriate to direct the petitioner to file a suit for establishing his title.3. The learned counsel for the petitioner apprehends that taking advantage of the wrong recording, the petitioner may be forcibly evicted from the disputed land. Law is well s...
Padma Lochan Panda and Others Vs. State of Orissa, Through the Princip ...
Court: Orissa
Decided on: Apr-17-2001
Reported in: 92(2001)CLT355; 2001(II)OLR144
Pradipta Ray, J.1. The petitioners, the elected President and eleven other elected Directors of the Board of Management of Balasore District Central Co-operative Bank Ltd., a Central Society, within the meaning of the Orissa Co-operative Societies Act have filed this writ petition challenging an order of supersession passed by the Registrar of Co-operative Societies by order No. 15624 dated October 4, 2000.2. A proceeding u/s. 32(1) of the Orissa Co-operative Societies Act, 1962 was initiated against the Committee of Management of the Balasore District Central Co-operative Bank Ltd. (hereinafter referred to as the 'Bank'). The charge-sheet was issued. The petitioners submitted their reply to the charge-sheet. The petitioners were represented by an Advocate beforethe Registrar. They were allowed to inspect the necessary documents and to take note of the same under the supervision of the Registrar, Civil Courts, Bhubaneswar in accordance with the direction of this Court. Upon hearing the...
Paradeep Phosphates Employees' Union thro' Genl. Secy. Prasant Kumar M ...
Court: Orissa
Decided on: Apr-17-2001
Reported in: (2002)IILLJ500Ori; 2001(I)OLR695
Pradipta Ray, J. 1. In this writ application the Paradeep Phosphates Employees' Union (hereinafter referred to as the petitioner-union) has challenged the arrangement of postal ballots for those employees of the Paradeep Phosphates Ltd. (hereinafter referred to as the Company) posted and working outside the State of Orissa for casting their votes for the purpose of verification of membership and recognition of trade unions. According to the writ-petitioner, the Rules for Verification of Membership and Recognition of Trade Unions Rules, 1994 (hereinafter referred to as the Verification Rules) do not envisage and permit casting of votes through postal ballot.2. The petitioner was last recognised as a Trade Union on March 6, 1995 for two years, which expired on March 5, 1997. The petitioner-union moved the Labour Commissioner-cum-State implementation and Evaluation Officer (Opposite Party No. 2) for taking steps for verification of the membership of the trade-unions for fresh recognition....
Lalit Barik Vs. Sita Barik
Court: Orissa
Decided on: Apr-16-2001
Reported in: 92(2001)CLT772
P.K. Tripathy, J.1. Accused No. 1 in I. C. C. No. 38 of 1999 of the Court of S. D. J. M, Patnagarh has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') with the prayer to quash the said complaint and the criminal proceeding. Complainant is the opposite party in this case.2. Opposite party filed the complaint which has been registered as I. C C. No. 38 of 1999 in the Court of S.D.J.M., Patnagarh. In that complaint she alleges that her, husband i.e., the petitioner with his brother and sister (the co-accused) subjected her to ill-treatment and cruelty by sharing common intention and ultimately she was driven out from the matrimonialhouse on 2-7-1999. She filed the said complaint on 31-8-1999. In the meantime, on 9-8-1999 petitioner filed an application under Section 9 of the Hindu Marriage Act, 1955 with the prayer for restitution of conjugal rights and that has been registered as Title Suit No. 63 of 1999 in the Court of Civil Judge ...
Bijoy Soren Vs. State of Orissa
Court: Orissa
Decided on: Apr-13-2001
Reported in: 91(2001)CLT738
M. Papanna, J.1. Judgment of the learned Sessions Judge, Mayurbbanj-Baripada, passed in S. T. No. 134 of 1992 convicting the appellant under section 302, I. P. C. and sentencing him to undergo imprisonment for life is under challenge ining him to undergo imprisonment for life is under challenge in this appeal preferred from Jail.2. Facts of the prosecution case leading to the present appeal may be delineated tersely as follows :--One Deogi Majhi of Dumuria in the district of Mayur-bhanj (hereinafter referred to as ''the deceased') was known for applying sorcery to the people of her village. For some months prior to the occurrence, father of the accused persons was ill. So the accused persons suspected the deceased to have applied sorcery to their father. Working under such notion, the accused persons went to her house on 5-4-1992 at about 2 p. m. At that time the deceased was sleeping on a cot in the outer verandah of her house. Taking advantage bf this, accused Bijoy Soren gave axe bl...
Nilachala Saw Mill Through Proprietor Sukanta Kishore Parida Vs. Sri J ...
Court: Orissa
Decided on: Apr-13-2001
Reported in: 91(2001)CLT700; 2001(II)OLR25
ORDER1. Heard Mr. Dash for the petitioner, Mr. Rath for opposite party No. 1, Mr. Misra for opposite party No. 3 and learned Addl. Covetnment Advocate for opposite party No. 2.2. In this writ application the petitioner has sought for a writ of mandamus directing opposite parties 1 and 2 to allot the contract relating to cutting and sizing of the logs for the purpose of construction of Chariots for Lord Jagannath for the ensuing Car Festival. It has been asserted in the writ application that the offer of the petitioner for cutting and sizing the logs and for transportation of the sized articles was much lower than that of the opposite party No. 3 whose offer has been accepted by opposite patties 1 and 2 It is also asserted in the writ application that the workers engaged by the petitioner have much experience relating to cutting and sizing of the logs for the purpose of construction of chariot as they were working underVanijya Vikas Saw-mill where such works were being undertaken for ab...
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