Orissa Court September 2002 Judgments
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Liberation Education and Action for Development (Lead), Through Its Se ...
Court: Orissa
Decided on: Sep-11-2002
Reported in: 2002(II)OLR568
A.S. Naidu, J.1. What is sought to be challenged in this Writ Petition filed by some of the non-Government organisations of Koraput, tribal district in the State of Orissa, in general is the Excise Policy introduced by the Government for the year 2001-2002 for settlement of Out-Still liquor shops and, in particular, the Auction Sale Notice dated 29.6.2002 for granting exclusive privilege for manufacture and retail sale of Out-Still liquor in the district of Koraput, vide Annexure-8 to the Writ Petition.2. Bereft of all unnecessary details, the allegations levelled by the petitioners who claim to be selfless non-profit making organisations espousing the cause of obstruction and victimisation of innocent people and who claim to have taken a vow to eradicate the manufacture and sale of illicit liquor, is that the Excise Policy of the State Government, vide Annexure-2 is contrary to the interest of the Tribal inhabitants and Ors. of Koraput district. It is stated that the inhabitants are n...
Nathuram Agrawal Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-11-2002
Reported in: 2002(II)OLR457
P.K. Balasubramanyan, C.J.1. The petitioner has approached this Court complaining that the molasses kept by him under storage for the purpose of sale thereof to consumers was illegally seized under Annexure-1 seizure list and entrusted to him on zima. The petitioner questions the authority of the officer who seized the molasses and submits that the seizure was without jurisdiction.2. The seizure list Annexure-1 states that it was found that 210 metric tons of molasses was stored in an underground tank in the premises of the petitioner and the same was discovered on a search. When demanded, the petitioner could not produce the books of accounts, the licence for import, storage and sale of molasses as required under the provisions of the Orissa Khandasari and Gur Dealers Licensing Order, 1963, and in view of this, the stock was being seized for contravention of Clause 3 of the aforesaid Licensing Order. What is contended on behalf of the petitioner is that the molasses seized does not co...
Sri Shyamsundar Sahu and Sri Damodar Sahu Vs. Sri Gokulananda Padhi an ...
Court: Orissa
Decided on: Sep-06-2002
Reported in: 94(2002)CLT504
L. Mohapatra, J.1. Defendant No. 1 is the appellant is Second Appeal No. 158 of 1994 and defendant No. 2 is the appellant in Second Appeal No. 159 of 1994. Both the appeals have been filed against a reversing judgment.2. The plaintiff filed the suit for specific performance of contract on the allegation that on 6.5.1978 he sold the suit land measuring an area of Ac. 03.59 decimals to defendant Nos. 1 and 2 for consideration of Rs. 3,500/- under a registered safe deed. On the same day, the defendant No. 1 executed another deed of agreement in favour of the plaintiff contending therein that he would return the properties purchased under the sale deed within five years, if the plaintiff expressed his willingness to purchase the same on payment of due consideration within the said period. It is further alleged in the plaint that the defendant No. 1 executed the agreement as Karta of the family. Two months prior to expiry of five years from the date of execution of the sale deed, the plaint...
Sudarsan Dash Alias Daba Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-06-2002
Reported in: 2003CriLJ380
A. K. Patnaik, J. 1. The petitioner was in judicial custody in Circle Jail, Berhampur in B. Town P. S. Case No. 181 dated 6-11-2001 and he was trying for bail. The District Magistrate, Ganjam passed an order dated 31-12-2001 under Section 3(2) of the National Security Act, 1980 (in short, 'the Act') detaining him in custody with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The said order was served on the petitioner on 1-1-2002. The grounds of detention were served on the petitioner on 2-1-2002 and the petitioner was informed that he has a right to make a representation to the State Government in the Home Department/Central Government/Advisory Board against the order of detention. On 4-1-2002. the Government of Orissa in the Home Department approved the order of detention under Sub-section (4) of Section 3 of the Act. The petitioner was informed by letter dated 11-1-2002 of the District Magistrate. Ganjam that his case has been referre...
State of Orissa Vs. Kapila Sabar and anr.
Court: Orissa
Decided on: Sep-06-2002
Reported in: 2002(II)OLR565
Pradipta Ray, J.1. 'The State of Orissa has preferred this appeal against the judgment and award dated September 23, 1998 passed by the Civil Judge (Senior Division), Deogarh in L.A. Case No. 19 of 1998 on a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act').2. The State of Orissa acquired Ac. 3.48 decimals of agricultural land belonging to Ainthu Sabar, since deceased, and predecessor-in-interest of the respondents, for the purpose of Rengali Dam Project. Notification under Section 4(1) of the Act dated July 9, 1988 was published in the gazette on August 25, 1988. The acquired land was agricultural land of Class-I variety with irrigation facility from the nearby Kata and Bandh and had considerable number of fruit bearing trees, viz. 49 Mahuwa trees, 14 Kendu trees, 15 Sal trees and 10 Asan trees. The Land Acquisition Collector awarded a total compensation of Rs. 37,372/- for the acquired land and the trees standing thereon. As the original cl...
Smt. Pranati Kumari Biswal Vs. Bansidhar Biswal
Court: Orissa
Decided on: Sep-05-2002
Reported in: 94(2002)CLT418
B. Panigrahi, J. 1. Since both the Civil Appeal and the Criminal Revision arise out of the common order, the same are heard together and disposed of by this common judgment.2. Appellant-petitioner along with her daughter filed an application under Section 125, Cr.P.C. for maintenance against the respondent-opposite party before the learned Judge, Family Court, Cuttack, which was registered as Criminal Proceeding No. 430 of 1996. Similarly, the respondent-opposite party filed an application under Section 13 of the Hindu Marriage Act, read with Section 7 of the Family Courts Act for a decree of dissolution of marriage on the ground of cruelty and desertion against the appellant-petitioner, which was registered as Civil Proceeding No. 471 of 1998. The learned Judge, Family Court took up both the proceedings and disposed of the same by the impugned order allowing the divorce subject to payment of Rs. 50,000/- by the husband and dismissing the criminal proceeding. Being aggrieved, the wife ...
Smt. Laxmi Oram @ Toppo Vs. Birsa Oram
Court: Orissa
Decided on: Sep-05-2002
Reported in: AIR2003Ori16; 94(2002)CLT476; I(2003)DMC438
B. Panigrahi, J.1. This appeal is directed against an order passed by the learned Judge, Family Court, Rourkela in a matrimonial Civil Proceeding No. 53 of 1996 whereby a decree of divorce was passed.2. Undisputedly the marriage between the appellant and respondent was solemnised on 12th May, 1992 in village Chhend within Raghunathpali Police Station in the district of Sundargarh.After the marriage, the appellant joined with the respondent in the matrimonial house at Tagarmunda whereafter both the spouses went to Jamalpur where the respondent was serving in the Railway Department. The appellant after spending some days went back to her parents' residence. Immediately she used to visit her matrimonial house at Tagarmunda. It has been stated by the respondent before the learned Judge, Family Court that gradually the attitude of the appellant became rude and obdurate. In the month of March, 1993 both the spouses stayed in a rented house for about seven months at Jamalpur. During that peri...
Chhabila Naik Vs. Kanchani Patel
Court: Orissa
Decided on: Sep-05-2002
Reported in: AIR2003Ori27
B. Panigrahi, J. 1. This appeal is directed against the order dated 13-2-2001 passed by the learned Judge, Family Court. Rourkela in Civil Proceeding No. 108 of 2001 in an application under Section 18 of the Hindu Adoption and Maintenance Act directing the appellant to pay Rs. 800/- per month to the respondent-wife towards maintenance.2. The respondent-wife had claimed to be the legally married wife of the appellant-husband. The marriage had been solemnised some time in the month of Aswina. 1981. Immediately after the marriage, the appellant neglected to maintain his wife. Therefore, the respondent filed Criminal Misc. Case No. 66 of 1989 under Section 125, Cr. P. C. In the Court of the learned S.D.J.M., Sundargarh which was eventually dismissed on 18-3-1991. Against such order of dismissal, the respondent carried the matter in revision before the learned District Judge, Sundargarh in Criminal Revision No. 15 of 1991. The respondent-wife also filed a suit being T. S. No. 54 of 1991 in ...
Gyanaranjan Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-04-2002
Reported in: 2002(II)OLR561
R.K. Patra, J.1. The present case clearly demonstrates how justice is 'hijacked' because of a palpable wrong order made by the Orissa Administrative Tribunal which is vested with the power for adjudication of dispute arising out of service matters.2. FACTS : The petitioner is a Senior Tassar Assistant (STA in brief) in the Directorate of Textiles and Handloom, Orissa, Bhubaneswar. The Director of Central Sericulture Research & Training Institute, Mysore in his letter dated 18.6.2002 requested the Additional Director of Textiles, Orissa to sponsor eligible candidates for selection to admission to two-years M.Sc. in Sericultural Technology course for the academic year 2002-2004. The Director of Textiles and Handloom, Orissa in his letter No. 11348 dated 29.6.2002 (Annexure-1) informed the Principal Secretary to Government of Orissa, Textiles and Handloom Department that one Sumanta Behera (opp. party No. 5) and the petitioner have been selected for the aforesaid course and sought for Gov...
Sri Guru Prasad Das Vs. Republic of India
Court: Orissa
Decided on: Sep-03-2002
Reported in: 94(2002)CLT421
P.K. Tripathy, J. 1. Affidavit of the petitioner is filed in which he has provided the present address of the P.Ws. 4 and 5.2. Heard.3. In this application under Section 482, Cr.P.C. petitioner has challenged order dated 17.7.2002 of the Special Chief Judicial Magistrate (C.B.I.)-cum-Assistant Chief Judicial Magistrate, Bhubaneswar passed in SP.E. Case No. 16/94 and the confirming order of learned Additional Sessions Judge (Fast Track Court No. 2), Bhubaneswar vide the impugned judgment dated 17.8.2002 in Criminal Revision No. 45/02 of 47/02.4. Petitioner's prayer is to get the indulgence of this Court in exercise of the power under Section 482, Cr.P.C. for issue of a direction to the trial Court in allowing to recall P.Ws. 4 and 5 for the purpose of further cross-examination. As it appears from the impugned judgment of learned Additional Sessions Judge petitioner's prayer to recall P.Ws. 1 to 5 and another for cross-examination was allowed in part by the trial Court on 7.3.2002 by dir...
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