Orissa Court May 2002 Judgments
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Nabapravat Trust, Vs. State of Orissa
Court: Orissa
Decided on: May-17-2002
Reported in: 94(2002)CLT41
L. Mohapatra, J.1. All the three revisions have been filed against the order dated 3.10.2001 passed by the learned Special C.J.M. (Vigilance), Bhubaneswar rejecting the prayer of the petitioners in all the three revisions for release of bank accounts seized by the Vigilance Department.2. The following are the facts giving rise to the above three revisions. First Information Report was lodged by the Vigilance Department against one Bichitrananda Muduli and the F.I.R. was registered as Bhubaneswar Vigilance P. S. Case No. 25/2000 for the offences alleged to have committed under Sections 13(2) and 13(1)(e) of the Prevention of Corruption Act, 1988. Allegation in the F.I.R. is that the public servant is in possession of properties disproportionate to his known sources of income. At the time of lodging F.I.R. the public servant was working as Chief Engineer in the Rural Works Department under the State Govt. Further case of the Vigilance department is that said Bichitrananda Muduli who has ...
Jayaram Dash Jee Maharaj and After Him Mahanta Premananda Das Jee Vs. ...
Court: Orissa
Decided on: May-17-2002
Reported in: 94(2002)CLT30
Pradipta Ray, J.1. Mahanta Sri Jayaram Dash Jee Maharaj, the head of Balagandi Chhata Math, Puri filed this writ application. During the pendency of this writ application Mahanta Sri Jayaram Dash died on May 31, 1998 and has been substituted by Premananda Das Jee, who claims to have succeeded Mahanta Jayaram Dash as Maharaj, Balagandi Chhata Math.2. It has been claimed in the writ application that Balagandi Chhata Math, Puri (hereinafter referred to as the disputed Math) is an independent private Religious Math. The disputed Math is headed by a Maharaj who accepts a chela during his life time and selects the said chela as his successor to the position of head of the Math. Mahanta Sri Jayaram Dash during his life time selected one Rama Chandra Das as his chela and successor as Maharaj. In 1956 Mahanta Sri Jayaram Dash executed a power of attorney in favour of said Rama Chandra Das. Subsequently, on May 18, 1990 Sri Jayaram Dash again executed a registered power of attorney in favour of ...
Shyamsundar Mishra Vs. Sribatcha Mishra and ors.
Court: Orissa
Decided on: May-17-2002
Reported in: AIR2002Ori178; 94(2002)CLT188; 2002(II)OLR235
B. Panigrahi, J. 1. Defendant No. 1 in Title Suit No. 20 of 1984 is the appellant in this appeal. This appeal is directed against the judgment and decree dated 12.7.1993 and 28.7.1993 respectively passed by the learned Subordinate Judge, Keonjhar (Now Civil Judge, Senior Division) directing partition and separate allotment of 1/4th share to plaintiff-respondents 1 to 10.2. The following geneology will indicate the short history of the plaintiff's case. Purusottam Mishra | ____________________________|_________________________________ | | | | Nads Govinds Nanda Bhagrathi | | Srimati __________|__________ | | Kalicharan Benudhar | | ____________________________________|__________ Balabhsdra | | | | Naran Biswanath Sribatchs Shyamsndar _______________________ | (Plff.) | | | | Pranababdhu Indumati Sushila | (D.2) (D.3) (D.4) | __________________________|_______________________________________________ | | | | | | | Mohnini Madan Naba Kishore Oukhabandhu Ketaki Andei (D.5) (D.6) (D.7) (D.8...
Lords Food Products (India) Pvt. Ltd. and anr. Vs. Orissa State Financ ...
Court: Orissa
Decided on: May-17-2002
Reported in: AIR2002Ori156
ORDERP.K. Mohanty, J.1. In both the writ applications, the action of the Orissa State Financial Corporation in auctioning M/s Lords Food Products (India) Pvt. Ltd. and settling the same in favour of opp. Party No. 5, Tarakanta Mohapatra being under challenge and common question of fact and law being involved, on the consent and on agreement of the learned counsel for the parties, both the writ petitions were heard analogously and is being disposed of by this common order.2. O. J. C. No. 13332 of 1999 has been filed by M/s Lords Food Products (India) Pvt. Ltd. represented through its Chairman-cum-Managing Director, Dr. Durga Prasad Sahoo (Petitioner No.2). In O. J. C. No. 13385 of 1999, Shree Jagannath Education Trust, represented by its Chairman is the petitioner, which was an auction bidder in the auction conducted on 14-10-1999 by the Orissa State Financial Corporation (hereinafter called as 'O.S.F.C.') of the defaulting a bakery unit. Lords Food Products (India) Pvt. Ltd. (Petitione...
Smt. Snehalata Parida, Vs. Orissa State Housing Board and anr. and Sta ...
Court: Orissa
Decided on: May-17-2002
Reported in: 94(2002)CLT264
B.P. Das, J. 1. This Court by a common judgment rendered on 25th of August, 1999 while disposed of O.J.C. Nos. 4321 and 4738 of 1999 by directing the Orissa State Housing Board (in short 'Board') to forthwith deliver possession of the houses as indicated in the allotment orders issued in favour of the said writ petitioners, namely, Smt. Snehalata Parida and Smt. Ashalata Routray respectively, dismissed O.J.C. No. 9938 of 1999 filed by the Chandrasekharpur Housing Board Colony Unnayan Samiti (in short 'Samiti') challenging the allotment orders issued in favour of the aforesaid two writ petitioners. The Samiti challenged the aforesaid judgment in Civil Appeal Nos. 3180-3182 of 2000 and the Apex Court on May 1, 2000, while allowing the appeals, set aside the impugned judgment and sent back the matters to this Court by passing the following orders :'Leave granted.' The Orissa Housing Board (hereinafter referred to as the 'Board') constructed two model houses which are in dispute in,the pre...
Smt. Sashi Jena and 3 ors. Vs. Khadal SwaIn and anr.
Court: Orissa
Decided on: May-17-2002
Reported in: 2002(II)OLR306
L. Mohapatra, J.1. The appellants having been convicted for the commission of the offence under Section 302/34 of the Penal Code and sentenced to imprisonment for life have preferred this appeal against the judgment and order of conviction passed by the learned 1st Addl. Sessions Judge. Berhampur.2. Appellant No. 1 is the mother-in-law of the deceased Saraju and appellant No. 2 is the husband of the deceased. Appellants 3 and 4 are brothers of appellant No-: 2 and brothers-in-law of deceased Saraju.Case of the prosecution is that appellant No. 2 Prasana Kumar Jena had married deceased Saraju alias Salu, daughter of P.W.2 and P.W.4 about six and half years prior to the date of occurrence. The deceased was ill-treated by her husband and was also subjected to torture for non-fulfilment of demand of dowry of Rs. 5000/-. Further case of the prosecution is that at the time of marriage dowry articles worth rupees twenty thousand had been given by the parents of the deceased. On 4.5.1986 the d...
Purna Chandra Misra Vs. State of Orissa
Court: Orissa
Decided on: May-17-2002
Reported in: 2002(II)OLR175
C.R. Pal, J. 1. In these Criminal Misc. Cases the petitioner who is an accused in T. R. Case No. 41 of 1992, T.R. Case No. 132 of 1999, T.R. Case No. 133 of 1999, T. R. Case No. 134 of 1999 and T. R. Case No. 135 of 2000 has challenged the order dated 26.8.2000 passed by the learned Special Judge (Vigilance), Bhubaneswar framing charge against the petitioner for the alleged offences under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and under Sections 409, 468, 471 and 477-A, I.P.C. All the Criminal Misc. Cases are taken up together and heard analogously as they arise out of a common order passed in the aforementioned Trial Cases arising out of Cuttack Vigilance P.S. Case No. 42 of 1987 and the contention raised are also same. 2. The facts of the cases giving rise to these petitions may be stated as follows : The petitioner was serving as a Primary School Teacher and was attached to the S.I. of Schools, Baramba East Circle within Baramba Block from 18.8.19...
Nehru Paribesha Surakshya Committee Represented Through Its President ...
Court: Orissa
Decided on: May-16-2002
Reported in: 94(2002)CLT34
A.S. Naidu, J.1. Petitioner No. 1, a voluntary Social Organisation, espousing the cause of general public, has filed this public interest writ petition seeking direction to close down a Crusher Unit in the name and style of 'M/s. Durga Stone Crusher', owned by opposite parties 5 & 6, situated at Chandra Bahal in the district of Angul. The moot question which needs to be answered in this case is, whether to preserve the environment and to control pollution, the Crusher Unit situated within the prohibited zone, as notified by the Orissa Pollution Control Board on September 11, 1998 and published in the Orissa Gazette (Annexure-5) should be closed.2. This case has a chequered career, inasmuch as this is the third writ petition filed before this Court. Bereft of unnecessary details, the short facts which are very much necessary for appreciating the inter se disputes are :In the year 1998 M/s. Durga Stone Crusher (opposite party No. 5) applied for grant of registration certificate to establ...
St. Catherine Girls' High School, represented through Its Secretary of ...
Court: Orissa
Decided on: May-16-2002
Reported in: 94(2002)CLT524
Pradipta Ray, J. 1. St. Catherine Girls' High School, Raikia in the district of Kandhamal represented by the Secretary of its Managing Committee has filed this writ application for declaration that the said St. Catherine Girls' High School (hereinafter referred to as 'the School') is an educational institution established and administered by the Christians,a minority based on religion and is entitled to get the benefit of the rights guaranteed under Article 30 of the Constitution of India and for setting aside the order No. 5048 dated September 20, 1999 issued by the Administrative-cum-Accounts Officer, Office of the Inspector of Schools, B. K. Circle, Phulbani (Annexure-13 on the basis that the School is a general direct-payment institution and its Managing Committee and become defunct.2. Admittedly a Primary School for girls was opened in Raikia in 1952 by the Cuttack Roman Catholic Diocesan Corporation, which is a Roman Catholic Mission (hereinafter referred to as 'Catholic Mission'...
Smt. A. Laxmi Dora Vs. Narasingha Dora and anr.
Court: Orissa
Decided on: May-16-2002
Reported in: II(2002)DMC630
M. Papanna, J.1. The wife knocks of the door of this Court by carrying the present appeal against Rourkela Family Court's judgment passed in Civil Proceedings No. 167/1997 dissolving her marriage with her husband by a decree of divorce.2. The husband, who was the petitioner before the Family Court, is respondent No. 1 and the wife who was respondent No. 1 in the said Court is the appellant whereas the Steel Authority of India Ltd., Rourkela who was respondent No. 2 in the said Court is respondent No. 2 herein.3. The husband's case is very simple. In 1973 the husband and the wife were bound by marriage tie, but they were not blessed with any issue out of their wedlock. The husband, being a Boiler Operator in Rourkela Steel Plant the Steel Authority of India Ltd. allotted in his favour a quarter No. FFC/26 in Sector-8 and the couple was residing therein. He has alleged that his wife was mis-spending his entire salary on her relations, who were staying with her in the said quarter and his...
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