Orissa Court April 2001 Judgments
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Nandighose Associates Vs. Orissa Small Industries Corporation and anr.
Court: Orissa
Decided on: Apr-13-2001
Reported in: 2001(II)OLR21
ORDERP.K. Misra, J.1. Heard. Though the matter was listed for orders, on consent of learned counsel for both parties, the mater is taken up for disposal.2. The petitioner has filed this writ application as its bid for handling transportation of coal stock at Berhampur as per notice under Annexure-1 to the Counter affidavit of opposite party No. 1 was not accepted and it was decided to settle the work with opposite party No. 2. In the Counter affidavit filed on behalf of the Corporation (opposite party No.l) it was indicated that the price bid of the petitioner was not considered as the petitioner did not qualify as per the minimum qualifying requirement indicated in the notice inviting tender. The learned counsel for the petitioner submitted that even opposite party No. 2, whose bid has been accepted, also did not qualify in the sense that opposite party No. 2 did not have Ac. 2.00 of suitable land for coal depot as indicated in condition No. 5 of 'Minimum Qualifying Requirement'. For ...
Mahendra Kumar Jena Vs. Union of India and Others
Court: Orissa
Decided on: Apr-12-2001
Reported in: 91(2001)CLT752; 2001(I)OLR665
P.K. Misra, J.1. The petitioner has prayed for a direction to opposite parties 1 to 4 to accept the tender offered by the petitioner and for quashing the decision of opposite patties 1 to 3 recommending for acceptance of the offer given by opposite party No. 5 in respect of the work relating to 'Construction of Buildings for J.N.V. at Dist-Kendrapara (Orissa under Phase-A Plan, School-Building-I No. Dormitories-2 Nos for Boys & 1 No. for Girls, Principal Residence-1 No., Type-1 Qrs. 8 Nos. and Kitchen & Dining Hall-1 No.' The petitioner claims that though his offer was the lowest offer, opposite parties 1 to 4 have arbitrarily decided to award the work to opposite party No. 5. It has been asserted by the petitioner that he had given an offer of Rs. 3,78,56,672/- whereas opposite party No. 5 had given an offer of Rs. 4,01,99,512/-. It is further submitted that after opening the bids, the petitioner was called upon to give clarification regarding his quotation in respect of one of the it...
Aswini Kumar Padhy and ors. Vs. State and anr.
Court: Orissa
Decided on: Apr-11-2001
Reported in: 2001(II)OLR148
P.K. Tripathy, J.1. Petitioners are the accused persons in G. R. Case No. 1014 of 1999 in the Court of S.D.J.M., Berhampur and the opposite party No. 2 is the informant whereas the opposite party No-1- State of Orissa is the prosecutor.2. On 16.2.2000, learned S.D.J.M., Berhampur after perusal of the case diary took cognizance of the offence punishable Under Sections 467/468/471/34, I.P.C. which is under challenge in this application Under Section 482, Cr. P.C.3. Learned counsel for the petitioners states that petitioner No. 1 Aswini Kumar Padhy is a co-sharer/co-parcene'r of the informant/complainant-Kishore Chandra Padhy and the subject matter of dispute i.e., the family property is presently the subject matter of a suit for participation vide T.S. No. 130 of 1999, wherein the alleged 'Will' said to have been forged is the subject matter of consideration for its acceptance as the defence plea of the petitioners in their written statement.4. Learned counsel for the petitioner argues t...
Dr. Manisha Mohapatra Vs. State of Orissa Represented Through Its Comm ...
Court: Orissa
Decided on: Apr-10-2001
Reported in: 92(2001)CLT269
ORDER1. The petitioner, a lady doctor seeking admission into the Post Graduate Course in Government Medical Colleges of the State, is neither litigation minded nor litigation her hobby. However, being aggrieved by the action of the authorities who have refrained from considering her case the petitioner is constrained to approach the portals of this Court for redressal of the grievances caused to her.2. Bereft of all unnecessary details, it is stated that in reply to the advertisement issued by the Post Graduate Selection Committee, S. C. B. Medical College, Cuttack inviting applications from the candidates desirous of seeking admission into the P. G. course in any of the three medical colleges of Orissa in the Session, 2001, the petitioner submitted her application form after sacrosanctly fulfilling all the paraphernalias as an in service candidate. The eligibility criteria for taking admission into the said course reads as follows:'For Post Graduate Course, the candidates have passed ...
Srinibas Sandha Vs. Commissioner-cum-secretary, Energy Department, Gov ...
Court: Orissa
Decided on: Apr-10-2001
Reported in: 2001(II)OLR38
P.K. Misra, J.1. This writ application is directed against the action of opposite parties 2 to 5 awarding the contract relating to development, beautification and enviromental protection to Indrvati Dam. and its Down-stream (Development Work) in Podagada Dam Division under the Orissa Hydro Power Corporation Ltd.2. In the writ application it was alleged that opposite party No. 6 who was awarded the work was not eligible to receive the Tender papers as he had not furnished copies of the relevant documents. It was further contended that the petitioner being a Graduate Engineer, was entitled to five per cent price preference and if that would have been considered, the offer given by the petitioner would have been lower than that of opposite party No. 6.3. Counter affidavit has been filed by the Corporation as well as opposite party No. 6 in whose favour the contract has been awarded. In the counter affidavit it is stated that opposite party No. 6 had furnished all the relevant documents an...
Smt. Prativa Pattnaik Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-09-2001
Reported in: 2001(I)OLR601
P.K. Misra, J.1. This appeal is directed against the order passed by the Second Additional Civil Judge(SeniorDivision), Cuttack, directing return of the plaint for presentation before proper Court having territorial jurisdiction to try the suit.2. The plaintiff-appellant has filed Title Suit No. 272/92 for the following reliefs :' 26. The plaintiff therefore prays :(a) Let it be declared that the plaintiff is the absolute owner of the properties given in Schedule 'A'.(b) Let it be declared that the plaintiff is the custodian of the Schedule - 'C property of which her son is the owner.(c) Let is be declared that the land and building as given in Schedule 'B' is jointly possessed by the plaintiff and her husband which has been acquired and constructed from the joint income of both.(d) Let the defendants to permanently restrained not 10 bring any proceeding in any Court of law for confiscating the properties in Schedule 'A' to 'C'.(e) Let the defendants to directed to release the properti...
Smt. Jyotshna Mohapatra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-09-2001
Reported in: 2001(I)OLR613
P.K. Misra, J.1. Petitioner's Mini Truck bearing registration number OR-05-H-1869 has been seized and a confiscation proceeding has been initiated on the aollegation that the Truck was carrying timber illegally on the basis of forged documents. The petitioner filed an application before the Conservator of Forests for release of the Mini Truck. The Conservator directed the Divisional Forest Officer, Athgarh Division, to release the truck on furnishing cash security of Rs. 50,000/- and bank guarantee of Rs. 1,00,000/- with a further direction to produce the vehicle as and when required by the Authorised Officer. It was further directed that the petitioner should not change the colour and registration number of the vehicle without knowledge of the Divisional Forest Officer, Athgarh. Since the vehicle was not released in spite of such direction, an application was filed by the petitioner before the Divisional Forest Officer, Athgarh. The Divisional Forest Officer replied to the petitioner ...
Prava Alias Pravakar Gouda Alias Mahakud Vs. State of Orissa
Court: Orissa
Decided on: Apr-09-2001
Reported in: 2001(II)OLR57
M. Papanna, J.1. The impugned judgment dt. 22.8.199.7 of the Sessions Judge, Ganjam-Gajapati (Berhampur) passed in S.C.No. 402/96 convicting the appellant Under Section 304, Part- II, I.P.C. and sentencing him to R.I. for ten years is under challenge in this Criminal Appeal.2. The accused faced trial on the accusation of causing death of one Satyendra Misra (hereinafter referred to as the 'deceased'). The F.I.R. lodged by the informant, Rudra Prasanna Misra in Baidyanathpur P.S. discloses that on 26.6.1996 at about 12.30 P.M. the deceased met with an accident of an unknown vehicle, As a result, he fell in a drain near a Jhumpudi hotel at New Bus Stand Road, Berhampur. On account of severe injury sustained by him on him on his head, he was shifted to Medical College Hospital. Berhampur. But he was shifted thereafter to S.C.B. Medical College, Cuttack where be expired on 26.6.96 at about 12.45 (night). Basing on the aforesaid information Baidyanathpur P.S. case No. 141/96 was registered....
Bhobana Nahak Vs. State of Orissa
Court: Orissa
Decided on: Apr-06-2001
Reported in: 91(2001)CLT704
B.P. Das, J.1. This appeal is directed against the judgment dated 27-10-1990 passed by the 2nd. Addl. Sessions Judge. Berhampur, in S. C. No. 14/90 (S. C. No. 100/90-GDC) convicting the appellant (hereinafter called 'the accused' under section 302 of the Indian Penal Code (in short 'I. P. C.') and under section 27 of the Arms Act, 1959 and sentencing him to undergo rigorous imprisonment for life under section 302, I. P. C.. No separate sentence has been passed under section 27 of the Arms Act.2. Briefly stated, the prosecution case is as follows :--The occurrence, as it reveals from the F. I. R , was the outcome of a family feud. The accused-Bhobana Nahak is the elder brother of the informant-Tonkia Nahak (p. w. 1) with whom there was long standing dispute over their paternal landed property in village Pankalpadai and the residential house in village Karapada. On 28-1-1990 the accused engaged alabourer named Keshaba Reddy of village Jagannathpur to pull down the straws of the disputed ...
Narahari Dhal and Another Vs. Subarna Dei (Died), Dibakar Sahu and Oth ...
Court: Orissa
Decided on: Apr-06-2001
Reported in: 92(2001)CLT384; 2001(I)OLR716
ORDERP.K. Misra, J. 1. Defendants are the appellants against a reversing decree in a suit for declaration of title, confirmation of possession, in the alternative, for recovery of possession. The disputed land is homestead land with an extent of Ac.0.17 decimals, The case of the plaintiff is as follows :-- The plaintiff is the daughter of one Jagabandhu. Her father had executed a nominal sale deed dated 23-8-1943 in favour of father of defendant No. 2 under Ext. 6. No consideration had been paid and the sale deed had not been acted upon and after the death of her father, plaintiff and her mother remained in possession. Defendant No. 2 on the basis of such sham sale deed sold the disputed land to defendant No. 1 on 18-1-1979 on the basis of which defendant No. 1 threatened to interfere in the possession of the plaintiff forcing her to file the present suit. 2. Defendants in their joint written statement denied the plaint allegations and pleaded that the sale deed had been executed for c...
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