Orissa Court December 2002 Judgments
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Sri Pitambar Kar (Dead) After Him Smt. Satyabhama Kar and ors. Vs. Sri ...
Court: Orissa
Decided on: Dec-06-2002
Reported in: 95(2003)CLT6
L. Mohapatra, J. 1. Plaintiff is the appeal is the appellant against a confirming a judgment.The suit was filed for partition of the joint family properties as described in Schedule 'Kha' of the plaint by metes and bounds and for relief under Section 4 of the Partition Act as well as for permanent injunction.2. The case of the plaintiff is that the 'Kha' Schedule properties as per current settlement correspond to 'Ga' Schedule properties as described in Major Settlement. The plaintiff and the defendants 1 to 5 are the decendants of common ancestor Raghu and the 'Kha' Schedule properties are their ancestral properties Raghu had two sons namely, Rama and Bidyadhar. Ram had one son namely. Mani and Bidyadhar had four sons namely. Banamali, Hari, Kusa and Bhikari, Plaintiff and the defendant No. 1 are the sons of Bhikari. Defendant No. 2 is the daughter of Bidyadhar. Defendants 3 and 4 are the sons of Banamali and defendant No. 5 is the grand-son of Banamali through his son Narayan who is ...
Shyam Sundar Mallik and anr. Vs. Baidhara Mallik and ors.
Court: Orissa
Decided on: Dec-06-2002
Reported in: 95(2003)CLT20
L. Mohapatra, J. 1. Plaintiffs are the appellants before this Court.Learned Subordinate Judge, Balasore decreed the plaintiffs' suit in part preliminarily rejecting prayer for partition in respect of 'Kha' schedule property, allowing claim of defendants 1 to 6 for repurchase of share of defendant No. 7 under 'Kha' schedule property from the pontiffs. So far as 'Ga' schedule properties are concerned, prayer for partition was allowed and plaintiffs were declared to have 1/6th share of defendant No. 7. In appeal preferred by the plaintiffs the said decree was modified to the extent that the defendants 1 to 6 will have right of pre-emption in respect of 'Gha' schedule property measuring Ac. 0.50-1/2 decimal from 'out of plot No. 552 and Ac. 0.06-1/2 decimals from out of plot No. 555 under Khata No. 298.2. Case of the plaintiffs is that one Banei Mallick is the common ancestor who had three sons, namely Suduri, Rathi and Sero. The aforesaid three sons were amicably possessing their joint fa...
Prafulla Kumar Sahoo and ors. Vs. State of Orissa
Court: Orissa
Decided on: Dec-06-2002
Reported in: 95(2003)CLT3
P.K. Mohanty, J. 1. The petitioner is aggrieved by order dated 17.8.2002 passed by the learned Additional Sessions Judge-cum-C.J.M., Bhadrak in S.T. Case No. 109/112 of 1998 allowing the application of the prosecution to examine further witnesses.2. The contention of the learned counsel is that since the learned Addl. Sessions Judge by order dated 18.7.2002 on the basis of the Memo filled by the prosecution, directed closure of the evidence, allowing an application under Section 311, Cr.P.C. would amount to recalling the order which is impermissible. The learned counsel for the petitioners cited a decision of the Apex Court in Bindeswari Prasad Singh v. Kali Singh, AIR 1977 Supreme Court 2432 in support of his contention. In that case the Apex Court held that when a Magistrate by a judicial order giving full reason, dismissed the complaint, even though the Magistrate had any jurisdiction to recall the order, it could have been done by another judicial order after giving reasons that he...
Raghunath Dey Alias Ray (Dead) After Him Smt. Puspa Dutta and ors. Vs. ...
Court: Orissa
Decided on: Dec-06-2002
Reported in: 95(2003)CLT26
L. Mohapatra, J. 1. Legal representatives of the original defendant No, 1 and the defendant No. 2 are the appellants before this Court against a confirming judgment.The suit was filed by the respondent for declaration of title recovery of possession and for compensation.2. The case of the plaintiff-respondent is that the suit land was recorded in the name of Haji Sk. Nasiruddin in 1930 settlement record and while in possession he sold the same to his daughter Haziani Amina Khatun on 14.11.1923. The said Amina Khatun again sold the property to one Saheb Begum under a registered sale deed dated 19.7.1953 and Saheb Begum became the owner in possession of the Suit land. After remaining in possession for about five years the said Saheb Begum sold the property to the father of the plaintiff by a registered sale deed dated 20th January, 1958 and after death of his father the plaintiff is in possession of the suit property which he got by way of partition despite the fact that the same stands ...
Divisional Manager, Oriental Insurance Co. Ltd. Vs. Mahendra Ghadei an ...
Court: Orissa
Decided on: Dec-06-2002
Reported in: 95(2003)CLT197; [2003(97)FLR1001]
A. S. Naidu, J.1. The judgment/award passed by the Commissioner for Workmen's Compensation-cum-Asst. Labour Commissioner, Cuttack in W.C. Case No. 625-D of 1999 is sought to be challenged in this appeal filed under Section 30 of the Workmen's Compensation Act by the Divisional Manager, Oriental Insurance Company Ltd. Though the case was listed for admission, with the consent of the learned counsel for the parties, the same is finally heard and disposed of.2. Mahendra Ghadei, respondent No. 1, a helper employed by one Mamata Pradhan, respondent No. 2, the owner of Mini Truck bearing registration number OR-02-C-5840, filed an application claiming compensation for the injuries sustained by him, in a road accident occurred in course of his employment. The said application was registered as W.C. Case No. 625-D of 1999. According to the claimant, on 27.8.99 at about 1 A.M. when he was proceeding in the aforesaid Mini Truck towards Bhubaneswar, near Iginia Chhak, the said Truck collided with ...
Special Land Acquisition Officer Rengali Irrigation Project Vs. Bhrama ...
Court: Orissa
Decided on: Dec-04-2002
Reported in: 95(2003)CLT271
Pradip Mohanty, J. 1. This First Appeal arises out of the order dated 24.2.1995 in L.A. Misc. Case No. 54 of 1993 passed by Civil Judge (Senior Division), Kamakhyanagar.2. The case of the appellant-Special Land Acquisition Officer runs as follows :The claimant-respondent is the recorded tenant of the tank and its ridge measuring Ac. 0.50-7.1/2 decimals appertaining to Plot No. 842 (Ac. 0.08.7.1/2 decimals) and Plot No. 843 (Ac. 0.42 decimals) under Khata No. 165 of Mouza Chandpur in the district of erstwhile Dhenkanal. In pursuance to the notification dated 2.2.1989 the said land was acquired for the purpose of Rengali Irrigation Project and the claimant-respondent was offered a compensation of Rs. 21,695/-. For the purpose of assessing the compensation of the land, the Land Acquisition Officer splitted up the acquired property into two parts i.e. land as such and the tank. He valued the ridge of the tank at the rate of Rs. 5000/- per acre and the reserve portion at the rate of Rs. 700...
Zone Officer, U.i.P. Vs. Laxminarayan Praharaj
Court: Orissa
Decided on: Dec-04-2002
Reported in: 95(2003)CLT31
Pradip Mohanty, J. 1. This appeal is directed against the order dated 27.9.1995 passed by the learned Civil Judge (Sr. Divn.), Dharamgarh, in M.J.C. No. 22 of 1995.2. The case of the appellant is that the Government acquired Ac. 0.85 decimals of land under Khata No. 70/9, Plot No. 708 of village Mutualguda in the district of Kalahandi which belonged to the claimant-respondent by Notification published in E.O.O.G. No. 304 dated 19.3.91 and subsequent notification published in E.O.O.G. No. 283 dated 28.2.92, for the purpose of construction of the Sub-Minor for Upper Indravati Project. The Land Acquisition Officer, Kusumkhunti, in the district of Kalahandi, awarded compensation of a sum of Rs. 18,804/- towards cost of the land which the claimant received on protest.The respondent-claimant claims that there was a pond and a pucca boundary wall around it. He was doing pisciculture in the said pond and was earning Rs. 20,000/- per annum from said pisciculture and, besides this, the claimant ...
The Land Acquisition Zone Officer, Talcher-sambalpur Railway Link Vs. ...
Court: Orissa
Decided on: Dec-04-2002
Reported in: 95(2003)CLT51
Pradip Mohanty, J. 1. This appeal is directed against the order dated 27.7.1995 passed by the Civil Judge (Senior Division), Sambalpur, in Land Acquisition Misc. Case No. 132 of 1991.2. The Case of the appellant is that the Government has acquired Ac. 0.40 decimals of land under Khata No. 8 of village Kansar belonging to the respondent for construction of Talcher-Sambalpur Railway Link under Gazette notification No. 1012 dated 6.6.1988. The Land Acquisition Zone Officer, Talcher-Sambalpur Railway Link, awarded compensation of Rs. 2,628.82 paise for land, 30% of additional cost of Rs. 768.50 paise, and 12% for additional market value of Rs. 312.82 paise in total Rs. 3730.20 paise in favour of the respondent. The respondent received the compensation awarded by the Land Acquisition Officer-appellant, but considering the same to be inadequate, he filed an objection and the matter was referred to the Land Acquisition Tribunal under Section 18 of the Land Acquisition Act. The Court below, wh...
Asit Kumar Sahu Vs. State of Orissa
Court: Orissa
Decided on: Dec-04-2002
Reported in: 95(2003)CLT648; 2003(I)OLR306
P. K. Mohanty, J.1. This revision is directed against the appellate judgment of the learned Sessions Judge, Cuttack confirming the convictionand sentence passed by the learned Assistant Sessions Judge, Cuttack holding the petitioner guilty of offences under Section 324, Indian Penal Code and Section 27 of the Arms Act, 1959 and sentencing thereunder. 2. The petitioner along with another was tried for commission of offences punishable under Sections 307/326/34, IPC and Section 27 of the Arms Act. On the basis of the FIR lodged by P.W. 7 (the injured, due to pistol shot injury on his belly) at the S. C. B. Medical College and Hospital, Cuttack on 14.10.1993 at about 10.00 P.M., Purighat P.S. Case No. 409 of 1993 was registered under Sections 307/ 326/34, IPC read with Section 27 of the Arms Act. The FIR story is that P.W. 7 Ananda Das, the injured-informant, earlier had informed the police regarding movement of one Anil Sen of his Sahi and his friends with pistols, the persons were arres...
National Aluminium Co. Ltd. Vs. Union of India (Uoi) and anr.
Court: Orissa
Decided on: Dec-04-2002
Reported in: (2003)IILLJ995Ori
R.K. Patra, J. 1. Both the writ petitions are analogous. The point involved in both of them is identical. Therefore, for the sake of convenience, we have heard both the matters with the consent of counsel for parties. We are accordingly disposing of both of them by this common order.2. In W.P. (C) No. 3425 of 2002, the National Aluminium Company Ltd. (hereinafter referred to as the 'NALCO') seeks to assail the validity of the order dated July 29, 2002 (Annexure-8) passed by the Industrial Tribunal (Control), Bhubaneswar in ID Case No. 305 of 2001. In W.P. (C) No. 3426 of 2002. 'NALCO' seeks quashing of the order dated July 29, 2002 (Annexure-8) passed by the said Tribunal in I.D. Case No. 308 of 2001. The Tribunal while deciding a preliminary issue by the impugned orders has held that although after the judgment of the Supreme Court in Steel Authority of India Ltd. v. National Waterfront Workers AIR 2001 SC 3527 : 2001-II-LLJ-1087, the State Government has become the 'appropriate Gover...
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