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Orissa Court July 2001 Judgments

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Jul 04 2001

Subash Chandra Panda and 3 ors. Vs. State of Orissa

Court: Orissa

Decided on: Jul-04-2001

Reported in: 2001CriLJ4108; 2001(II)OLR171

B.P. Das, J. 1. Four condemned accused (hereinafter referred to as 'the appellants') have preferred the present Criminal Appeal challenging the judgment passed by the learned Additional Sessions Judge, Malkangiri, in S.C.No.71 of 1999 convicting them for committing a heinous and shocking cold blooded murder of an innocent kid of four years' old after kidnapping him and screening the evidence of murder in furtherance of their common intention punishable under Sections 364, 302 and 201 read with Section 34 of the Indian Penal Code ( for short 'the I.P.C.) and sentencing them to capital punishment and referring the same to this Court for confirmation as required under Section 366 of the Code of Criminal procedure (for short 'the Cr.P.C.'. Thus the Criminal Appeal as well as the Death Reference having given rise to common question of fact and law were heard analogously and are being disposed of by this common judgment. 2. Concisely put, case of the prosecution is that after Ranjeet Mohanty...


Jul 04 2001

Pabani Barik Vs. Bhubaneswar Development Authority Represented Through ...

Court: Orissa

Decided on: Jul-04-2001

Reported in: 2001(II)OLR221

R.K. Patra, J.1. In this writ petition, the petitioner has prayed for a direction to the opposite parties restraining them from evicting him from the disputed land and raising any construction thereon.2. Case of the petitioner is that the disputed land measuring an area of Ac. 7.500 decimals appertaining to plot No. 258 (Sabik Plot No. 216) under Khata No. 619 (Sabik Khata No. 303) in mouza Chandrasekharpur originally belonged to the estate of Kanika. On 15.6.1941, the Raja of Kanika settled it in favour of the father of the petitioner by creating occupancy right. This fact was recorded in Jamabandi Khatian of Kanika Raja. After abolition of estate, the intermediary instead of the Raja vested in the State Government. The Raja submitted tenants' ledger (Ekpadia) in the office of the Tahsildar, Cuttack wherein the name of the father of the petitioner came to be mentioned at SI. No. 343. After the death of his father, the petitioner inherited occupancy right over the disputed land and bec...


Jul 02 2001

Sri Sambit Parija Vs. Smt. Surita Parija

Court: Orissa

Decided on: Jul-02-2001

Reported in: AIR2002Ori22; 92(2001)CLT363; II(2002)DMC542

Pradipta Ray, J.1. The wife-opposite party has filed O.S. No. 630/2000 in the court of the Civil Judge, Senior Division, Bhubaneswar against the present petitioner and his patent for annulment of marriage and other reliefs like permanent alimony, damages and return of alleged dowry articles. The ground forannulment is alleged impotency of the husband. The wife has alleged that on the fourth day of their marriage she discovered that her husband is impotent and incapable of consummating the marriage.2. In the said suit the wife-opp. party No. 1 filed an application under section 24 of the Hindu Marriage Act (hereinafter referred to as 'the Act') for alimony pendente lite and litigation expenses against the husband and his parents. In her application the wife stated that the husband is an Accounts Officer in the office of Director. Employees State Insurance. Bhubaneswar and is drawing a monthly salary of about Rs. 10,000/-. She has further stated that both the parents of husband are docto...


Jul 02 2001

Kalinga Mining Corporation Vs. Union of India (Uoi) and ors.

Court: Orissa

Decided on: Jul-02-2001

Reported in: AIR2002Ori83

R. K. Patra, J.1. In this writ petition, the petitioner seeks quashing of the order dated 8-4-1999 of the Government of India, Ministry of Steel and Mines (Department of Mines) communicated in its letter No. 2/9/ 94-M, IV at Annexure 3/1 by which it has accorded its approval under Section 5(1) of the Mines and Minerals (Regulation and Development) Act, 1957 to the grant of mining lease for iron ore and manganese ore over an area of 171.826 hectares in village Kalaparbat Hill range of Keonjhar district in favour of the legal heirs of late Dr. Sarojini Pradhan (opposite parties 9 and 10). Petitioner further claims that under Section 11(1) of the aforesaid Act it has got preferential right over its rival applicants in respect of the area in question and prays for issuance of direction to the opposite parties, particularly opposite party Nos. 1 and 2 to grant to it the mining lease.2. The dispute centres around grant of mining lease which dates back to early 1960s. It has not yet ended up,...


Jul 02 2001

Sambit Kumar Mohanty Vs. Chairman, Admission Sub-committee Jeb (E and ...

Court: Orissa

Decided on: Jul-02-2001

Reported in: AIR2002Ori9

S.K. Patra, J.1. The controversy in this writ petition centres round the counselling held for admission to first year M.B.B.S. course for the session 2000-2001 in the three Government Medical Colleges in the State of Orissa.2. For the academic session 2000-2001, a Joint Entrance Examination (Engineering and Medical) was held in the month of May, 2001. The petitioner appeared in the said examination. It's result was published on 27-6-2000. The petitioner's position in the merit list (Medical) was at Sl. No. 203 (general). The date of counselling was fixed to 24-7-2001 for him. He only appeared at the counselling centre. His allegation is that in the M.B.B.S. course there were 193 seats available for general category in the three medical colleges in the State. There were 14 seats reserved for children of Green Cardholders (Green Card-holder means a person who has accepted the terminal method of contraception after two or less living children), 6 seats for children of military personnel, ...


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