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Orissa Court December 2002 Judgments

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Dec 04 2002

Ashok Kumar Mohapatra Vs. State of Orissa

Court: Orissa

Decided on: Dec-04-2002

Reported in: 2003(I)OLR163

P.K. Tripathy, J.1. In this application under Section 482, Cr.P.C. petitioner prays to quash the order of cognizance passed against him in G.R. Case No. 152 of 1998, which, as stated by learned counsel for the petitioner, has been wrongly typed as G.R. Case No. 154 of 1998 in paragraph 1 of the application under Section 482, Cr.P.C. That G.R., Case is pending in the Court of S.D.J.M., Dhenkanal. That case has been registered and cognizance has been taken for the offences under Sections 279/304-A, I.P.C.2. There is no dispute at the Bar that on 16-3.1998 at about 6.15 P.M. there was an accident between a jeep bearing Registration No. OR-06-A-0414, on the National Highway (N.H.- 42) as a result of which the driver and the pillion rider of the scooter suffered death, one instantaneously and the other a short time thereafter. It is also not disputed at the Bar that the aforesaid jeep belongs to the Rural Water Supply and Sanitation Department (in short. 'RWSS') and was under the custody of...


Dec 04 2002

State of Orissa and ors. Vs. Jayaram Mahapatra

Court: Orissa

Decided on: Dec-04-2002

Reported in: 2003(I)OLR299

L. Mohapatra, J.1. Defendants are the plaintiffs before this Court against a confirming judgment. The plaintiff-respondent filed the suit for declaration that his date of birth is 2.11.1926 and as such he is entitled to be retained in service till 2.11.1984 under the prevailing service rules and for further direction to reinstate him in service.2. The case of the plaintiff-respondent is that he joined the service as Inspector of Co-operative Societies as per order of the defendant No. 2 and on the date of retirement from service he was working as Assistant Registrar of Co-operative Societies. According to the plaintiff, his date, of birth is 2.11.1926 but due to wrong entry of the his date of birth in the gradation list prepared by the defendants he was prematurely retired about six years prior to his actual date of retirement. Further case of the plaintiff is that the gradation list was prepared in the year 1958 and his date of birth was wrongly noted as 2.11.1920 instead of 2.11.1926...


Dec 02 2002

Kabitarani Behera and ors. Vs. State of Orissa and ors.

Court: Orissa

Decided on: Dec-02-2002

Reported in: 96(2003)CLT86

R.K. Patra, J. 1. The petitioners, who are four in number, have filed this writ petition claiming two reliefs; (i) to declare them as the existing teaching staff of Gopinath Dev High School being the employees of Bhubaneswar Municipal Corporation with effect from 1.6.1994 and (ii) to direct the Bhubaneswar Municipal Authorities to release their salary, etc., with effect from the said date (1.6.1994). 2. Briefly stated, the petitioners' case is that they were appointed as Assistant Teachers against additional Sections in Classes-VIII, IX and X in Gopinath Dev High School, Rasulgarh during 1991-1993 as per the standard staff applicable to non-government Secondary Schools. While they were continuing as such, there was a proposal for taking over the Management of the school by the Bhubaneswar Municipal Corporation (then it was, Municipality), for which, the State Government invited objections by notification dated 12.2.1993 (Extraordinary Gazette notification dated 20.2.1993) at Annexure-3...


Dec 02 2002

Shri Babaji Sahoo (Since Dead) and After Him Ram Chandra Sahoo and ors ...

Court: Orissa

Decided on: Dec-02-2002

Reported in: 2003(I)OLR149

Pradipta Ray, J.1. Purusottam Sahoo, one of the sons of Babaji Sahoo, (Defendant No. 1 in the suit and Appellant No. 1 in this appeal) instituted Title Suit No. 9 of 1976 in the Court of the then Subordinate Judge, Jajpur for partition of the suit properties as described in Schedules 'A', 'B' and 'C to the plaint for allotment of the asbestos roofed house and thatched house on Plot No. 2413 to his share and for directing the defendant to vacate the said aforesaid houses and other associated reliefs.2. The suit is for partition of the properties which Babaji got out of the ancestral properties and those claimed to have been purchased by Babaji out of the joint family fund. The plaintiffs case inter alia is :The original owner, Kalandi Sahoo, had three sons : Poka, Babaji (defendant No. 1) and Panchu (defendant No. 4). The said three brothers got separated in mess and partitioned their joint family properties. After such partition, Poka died in 1940 leaving behind his widow, Rambha and a...


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