Orissa Court October 2003 Judgments
Satya Narayan Mohapatra Vs. State of Orissa and anr.
Court: Orissa
Decided on: Oct-31-2003
Reported in: 2004CriLJ742; 2003(II)OLR629
ORDERA.S. Naidu, J.1. The order dated 19-6-1999 passed by the learned Judicial Magistrate, First Class, Bhubaneswar in I.C.C. No. 209 of 1997 framing charge under Section 420, I.P.C, against the petitioner is impugned in this case.2. Opp. Party No. 2 filed a complaint petition alleging therein that it was a Dealer and Stockist of Sakura Watch having its Office-cum-Godown at Bhubaneswar. It deals with wrist-watches and supplies the same as per the requirements of other sub-dealers and retailers of different parts of Orissa. The petitioner being impressed by the quality and designs of Sakura watches placed orders with the complainant for several times and the usual mode of business was on the credit basis subject to repayment either through cheque or cash. The business between the complainant and accused started from 1995.3. On 5-10-1996, the petitioner handed over a cheque drawn on Puri Urban Co-operative Bank, Puri for a sum of Rs. 12,942.75 paise towards the partial credit amount. The...
Tag this Judgment!Smt. Jasoda Das Vs. State of Orissa
Court: Orissa
Decided on: Oct-31-2003
Reported in: 2004(I)OLR38
Pradip Mohanty, J.1. This is an application under Sections 401 and 397 of the Code of Criminal Procedure (for short, the 'Code'), challenging the order dated 02.08.2003 passed by the learned Sub-Divisional Judicial Magistrate, Kendrapara, in G.R. Case-No. 210 of 2003 rejecting the application of the petitioner under Section 457 of the Code seeking for interim custody of the vehicle.2. The petitioner is the registered owner of the vehicle OR-05/J- 9018. The vehicle in question was seized by the police in a case under Sections 323, 379, 506/34 of the Indian Penal Code and Section 56 of the Orissa Forest Act. The petitioner filed a petition before the learned Sub-Divisional Judicial. Magistrate, Kendrapara, under Section 457 of the Code in G.R. Case No.2 10 of 2003 arising out of Kendrapara P.S. Case No.99 of 2003, claiming interim custody by filing several documents in support of her claim showing ownership of (the vehicle in question.3. Mr. Mishra, learned counsel for the petitioner, su...
Tag this Judgment!Smt. Rabeha Khatun Vs. State of Orissa and Four ors.
Court: Orissa
Decided on: Oct-31-2003
Reported in: 2003(II)OLR637
ORDER1. Learned Addl.Government Advocate states that the Tahasildar, Chatrapur (Opposite Party No. 2) has not responded to the intimation issued to appear and file counter affidavit. From the submission, we do not find any reason to further adjourn the case when the opposite party members do not pray for adjournment.2. The writ petition is taken up for disposal at the stage of admission.3. Heard.4. Grievance of the petitioner is that though the Tahasildar, Chhatrapur recommended for settlement of Ac. 0.020 cents of land out of Plot No. 496 from Rakhita Khata No. 279 in Mouza Chanakhyapur (in Chhatrapur town) yet it was erroneously and arbitrarily turned down by opposite party Nos.3 to 5. In that respect petitioner claims that she has been abandoned by her husband, she is a homesteadless person and therefore she comes within the categories of persons who can be settled with homestead land. In that respect she banks upon the favourable report and recommendation of the opposite party No. ...
Tag this Judgment!Jyostna Satapathy Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-30-2003
Reported in: 97(2004)CLT3; 2003(II)OLR646
P. K. Mohanty, J. 1. The writ petitioner has prayed for quashing the order dated 1.6.1998 of the Inspector of Schools, Khurda Circle, Khurda adjusting opp. party No. 5 in the High School against the vacant Trained Graduate Post (Annexure-3). The petitioner consequently prays for a direction to allow her Trained Graduate Scale of pay w.e.f. 1.1.1996, the date when the vacancy was caused in the post of T.G. Teacher.2. Briefly stated, the petitioner's case is that she is working as an Assistant Teacher in Sri Satyasai High School, Unit-III, Bhubaneswar in the district of Khurda since 21.7.1983. The school became eligible to receive grant-in-aid and accordingly, names were recommended by the Managing Committee for release of grant-in-aid which included the name of the petitioner. The Inspector of Schools, on verification of records, approved the appointment of the staff including the petitioner's appointment as a Classical Teacher with effect from 21.7.1983 vide Annexure-1. In the year 199...
Tag this Judgment!Kumari Sradhanjali Jena and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-30-2003
Reported in: 97(2004)CLT101
P. K. Mohanty, J.1. The writ petitioners are the students of B. C. High School, who had filed up their forms for appearing at the High School Certificate Examination, 2003, conducted by the Board of Secondary Education, Orissa. The rejection of their application to sit for the examination by letter dated 15.3.2003 of the Board (Annexure-1) has brought them before this Court.2. The brief fact of the petitioners' case is that they were the students of Class IX in P. N. Sanskrit Bidyalaya, Bemunda in the district of Balasore, but since the school was closed, the Government, having not extended recognition, they obtained Transfer Certificates and others those were duly countersigned by the Inspector of Schools, they applied for admission to B.C. High School in Class X. But because of some doubts raised by the Headmaster and on the request of Headmaster, P. N. Sanskrit Bidyalaya the Inspector of Schools in his letter dated 29.7.2002 (Annexure-3) advised theHeadmaster, B..C. High School to a...
Tag this Judgment!D.S. Rashmi Ranjan Vs. Chairman, Joint Entrance Examination, 2003 and ...
Court: Orissa
Decided on: Oct-30-2003
Reported in: 97(2004)CLT264
P. K. Mohanty, J. 1. The petitioner calls in question the action of the opposite parties in not giving him admission to the M.B.B.S. course under the reserved category for physically handicapped.2. The brief fact of the petitioner's case is that he has passed I.C.S.E., 1998 securing 72 per cent of marks and has passed Higher Secondary Examination in 2000 securing 53% of marks. He took the Joint Entrance Examination for admission to the medical courses for 2003. According to the petitioner, under Clause 2.1.3, of the admission brochure, 3% of the seats in each Government Engineering college in each discipline and one seat in each Government medical college of the State are reserved for physically handicapped candidates. Such physically handicapped candidates are to meet the prescribed medical standard laid down and are to satisfy a Board consisting of Doctors and the chairman, Joint Entrance Examination, 2003 or his representative that they are eligible to be categorized as physically h...
Tag this Judgment!Lal Chatrapati Sai (Dead) After Him Snehalata Sai and anr. Vs. Smt. Sh ...
Court: Orissa
Decided on: Oct-29-2003
Reported in: AIR2004Ori115; I(2005)BC84; 97(2004)CLT15; 2004(I)OLR33
L. Mohapatra, J. 1. Defendant No. 1 is the appellant before this Court against the judgment and decree passed by the learned Subordinate Judge, Sambalpur in Money Suit No. 5 of 1979, where a decree has been passed for recovery of Rs. 13,500/- from the defendant No. 2 with interest at the rate of 6% per annum from the date of decree till realization.2. Suit was filed by respondent No. 1 for realization of Rs. 13,500/- on the allegation that defendant and his wife jointly executed usufructuary mortgage bond in favour of the plaintiff in respect of 'A' schedule property and incurred loan of Rs. 13,500/- from her on 10.1.73. After execution of the aforesaid mortgage bond the plaintiff was put in possession of the said property and she remained in possession thereof till 1978. In the month of Ashadha, 1978, when the plaintiff sent her field servants to plough the disputed land, the field servants of defendant No. 1 did not allow them to do so and consequently she was dispossessed from the s...
Tag this Judgment!indramani Pati (Dead) After Him Sarojini Pati and ors. Vs. Krushna Cha ...
Court: Orissa
Decided on: Oct-29-2003
Reported in: AIR2004Ori30; 96(2003)CLT681
L. Mohapatra, J.1. Defendants 2, 9 and 10 are the appellants before this Court. Respondent No. 1 filed the suit for partition of the 'B' and 'C' schedule properties and the suit having been decreed in the manner mentioned in the judgment and decree of the trial Court, this appeal has been filed.2. Before discussing the rival claims of the parties to the suit, it is necessary to refer to the genealogy of the family for convenience. Panu Pati ________________|___________________ | | Bauri Balaram ____________|____________ ________________|_________________ | | | | | Rama Laxman Bhagaban Bhikari Padan | | | | | Udekar Bhabani____|_______ Kanhu | _____|________________ | | | | | | | Abhiram Nila __|____________ |Lochan Arjuni Charu | | | | | (D-1) Gouri Indramani Alekh Jujeethi| | (D-2) (D-4) (D-8) | Krushna | | (Plff) | | _____________________________|____________ | | | | | | Janmanaya Malli Lata Binata | D-3 D-5 D-6 D-7 | ____________________________________| | ______________|_________...
Tag this Judgment!Lalit Mohan Pradhan Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-29-2003
Reported in: 97(2004)CLT107
L. Mohapatra, J. 1. This review application has been filed against the order dated 17.8.2000 passed in O.J.C. No. 4366 of 1996 dismissing the case of the petitioner.2. As it appears the writ application had been filed challenging the conditions imposed for release of U.G.C. scale of pay. The petitioner is working as Lecturer in Physics in Rairangpur College which was established in the year 1962-63. The College got affiliation from Utkat University on 23.5.1964 as well as concurrence in the same year. The college received Government concurrence for opening of additional, classes during the year 1975-76 and the University also granted permission to increase seats from 16 to 32 in Zoology and other subjects on 25.8.1976. The State Government at a subsequent stage granted concurrence for opening of 16 Honours seats in Physics. The petitioner was initially appointed against a leave vacancy as a lecturer in Physics on 29.8.1983 and thereafter he was allowed to continue on 89 days basis. Sub...
Tag this Judgment!Suresh Ch. Pradhan Vs. High Court of Orissa
Court: Orissa
Decided on: Oct-29-2003
Reported in: 2003(II)OLR586
ORDER1. This writ petition is filed by 25 petitioners, who intend to apply for recruitment to the Orissa Judicial Service, Class II. Case of the writ petitioners inter alia is that the last examination for recruitment to the Orissa Judicial Service, Class II was held in 1999-2000 and thereafter more than three years have passed, but the State Government has not taken any steps for recruitment of candidates to fill up the existing vacancies in Orissa Judicial Service, Class II. As a result of such delay, there is serious frustration amongst the petitioners. The petitioners have therefore prayed for a direction to the State Government to issue a notification for the examination for recruitmenL to the Orissa Judicial Service, Class II immediately. The petitioners have also prayed for a tentative time frame to be fixed by the Court for completion of the entire selection process. The petitioners have further prayed that some outside Universities may be short-listed for setting the question ...
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