Orissa Court October 2003 Judgments
Raicharan Champati (Dead) After Him His Legal Heirs Ashok Kumar Mangar ...
Court: Orissa
Decided on: Oct-20-2003
Reported in: AIR2004Ori34; II(2005)BC527; 96(2003)CLT696
L. Mohapatra, J.1. In O.J.C. No. 8826 of 1997 the petitioners challenge the action of the Orissa State Financial Corporation in taking over possession of Hotel Kalinga Highway Restaurant-cum-Guest House, Bhubaneswar in exercise of powers under Sections 29 and 30 of the State Financial Corporation Act as well as action of the said Corporation in selling the aforesaid hotel unit by auction. The petitioner in O.J.C. No. 10177 of 1997 stood as a guarantor for the loan obtained from the Orissa State Financial Corporation for purchase of the aforesaid hotel and has filed this writ application challenging the notice under Section 30 of the State Financial Corporation Act asking him to pay defaulted dues.2. One Raicharan Champati, since dead, purchased the hotel in question from the Orissa State Financial Corporation by mutual transfer from the earlier owner and liabilities of the previous owner stood transferred against the said Raicharan Champati. For purchasing the aforesaid hotel, down pay...
Tag this Judgment!Maa Bhabani Confectionery Vs. Orissa State Financial Corporation and o ...
Court: Orissa
Decided on: Oct-20-2003
Reported in: AIR2004Ori52; 97(2004)CLT58
L. Mohapatra, J. 1. This writ application has been filed for a direction to the opposite party No. 3 not to give effect to the sale notice published in the daily newspaper 'The Samaj' dated 23.9.1999 and direct the opposite parties to allow monthly instalments for payment of total defaulted amount.2. Case of the petitioner is that the petitioner-Unit was established with financial assistance from Orissa State Financial Corporation for manufacturing confectioneries. The unit has been registered as a small scale industry. Initially in the year 1984 a Term Loan of Rs. 2,21,000/- was sanctioned by the opposite party No. 2 in favour of the deceased husband of the present proprietress of the unit and after death of the original loanee the proprietress of the petitioner-firm is looking after functioning of the unit. Since the original entrepreneur died in the year 1991 functioning of the unit/factory got affected and only after transfer of the assets and liabilities in favour of the present p...
Tag this Judgment!Saswati Alias Saraswati Parichha Vs. Radhakrushna Pathy
Court: Orissa
Decided on: Oct-17-2003
Reported in: 97(2004)CLT164; I(2005)DMC431
L. Mohapatra, J.1. The plaintiff is the appellant before this Court against a reversing judgment. The suit was filed under Section 13(1) of the Hindu Marriage Act for dissolution of marriage and for a direction to the respondent to return all gold ornaments and other articles given at the time of marriage by way of presentation.2. The case of the plaintiff-appellant is that she married the respondent on 12.5.1981 at Bhubaneswar according to Hindu rites and customs. At the time of marriage her father, who was working in the Agricultural University had given gold ornaments weighing about 25 tolas besides a refrigerator, a scooter and various other articles including bed, sofa set, dining table set etc.. Sometime after the marriage, she found her husband-respondent taking insulin twice a day being a chronic diabetes patient. The respondent also after marriage stayed for a very short period at Bhubaneswar and left for Berhampur where he was posted as Assistant Surgeon leaving the appellant...
Tag this Judgment!Gitadevi Agrawal Vs. Ram Chandra Devta
Court: Orissa
Decided on: Oct-17-2003
Reported in: 97(2004)CLT161
L. Mohapatra, J.1. Defendants 1 and 2 are the petitioners before this Court. The prayer for amendment of the written statement having been partly allowed and partly rejected by the learned Civil Judge (Junior Division), Bargarh vide order dated 4.5.2002 in Title Suit No. 26 of 1996 and the revision carried against the said order having dismissed as not maintainable, the petitioners have approached this Court in the present writ application.2. The suit was filed for declaration that the plaintiff-opposite party is owner in possession of the suit land and the alleged sale of the suit land in favour of defendants, if any, is not binding on him and also for a decree of permanent injunction restraining the defendants-petitioners from going over the suit land and from causing any illegal overt act thereon. Stand of the petitioner in the written statement is that they and their predecessors-in-interest were in possession of the suit land along with other land since time immemorial and the pla...
Tag this Judgment!Nirupama Dey Vs. Chaitanya Dalua and anr.
Court: Orissa
Decided on: Oct-17-2003
Reported in: 2004CriLJ704; 2003(II)OLR569
ORDERA.S. Naidu, J.1. This Criminal Misc. Case has been filed invoking inherent jurisdiction of this Court under Section 482, Cr.P.C. by the petitioner whose complaint petition, filed against two public servants, has been dismissed under Section 203, Cr.P.C. in absence of sanction as required under Section 197. Cr.P.C.2. For appreciating the contentions, the necessary facts in gist may be stated as follows :The petitioner filed a complaint case in the court of the learned S.D.J.M., Bhadrak against the opposite parties who are police officers alleging therein that on October 12, 1998 at about 9 P.M. the accused persons came on a motor cycle to her house during the absence of her father, knocked at the door, forcibly entered into the house giving her a push and searched for her uncle Makhanlal Das. It is alleged that when they failed to trace out said Makhanlal, opposite party No. 1 accused the petitioner in filthy language, caught hold of her left hand and tore the front-portion of her ...
Tag this Judgment!State of Orissa and anr. Vs. Prasant Kumar Mohanty and anr.
Court: Orissa
Decided on: Oct-17-2003
Reported in: 2003(II)OLR545
A.S. Naidu, J.1. The Civil Review has been filed with a prayer to review the judgment dated 9.4.2001 passed in O.J.C. No. 2968 of 2001.2. Opposite Party No. 1 as petitioner had filed O.J.C. No. 2968 of 2001, inter alia, challenging the order dated 14.12.1995 by which the Government, though accorded approval to the post of lecturer in Oriya (4th post) at Choudwar College, Choudwar, declined to accord approval to the appointment of the petitioner against the said post. According to the petitioner he was appointed as lecturer in Oriya in Choudwar College on 11.2.1987 and holding the said post continuously without any disruption w.e.f. 12.2.1987. The specific case of the petitioner was that as the State authorities adopted dilly dally tactics in cording approval to the appointment of the petitioners and other members of the college, he along with Shiva Narayan Rana, lecturer in Economics (opp. party No. 1), Prafulla Kumar Rout, lecturer in Commerce, Prasanta Kumar Mohanty, lecturer in Oriy...
Tag this Judgment!Ananta Charan Nayak Vs. Anjali Sahu
Court: Orissa
Decided on: Oct-17-2003
Reported in: 2003(II)OLR549
A.S. Naidu, J.1. Invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner has filed this petition praying to quash the order passed by the Sessions Judge, Dhenkanal in Criminal Revision No. 44 of 1990 confirming an order passed by the S.D.J.M., Hindol in ICC No. 16 of 1990 taking cognizance of an offence alleged against the petitioner under Section 500 of the Indian Penal Code.2. According to the petitioner, the alleged commission of offence under Section 500 IPC is levelled against him while he was discharging the duties as an Executive Magistrate being in charge of law and order situation and as such he is protected by the umbrella provided under Section 197 CrPC and unless the impugned order is set aside it will not only prejudice the rights of the petitioner but will also amount to abuse of the process of law.3. To appreciate the backdrop of the factual scenario, it is necessary to state the facts of the case, shorn of unn...
Tag this Judgment!The Chairman, Grid Corporation of Orissa Ltd. and Two ors. Vs. Smt. He ...
Court: Orissa
Decided on: Oct-16-2003
Reported in: AIR2004Ori118; 97(2004)CLT53
P.K. Tripathy, J.1. Respondents are the plaintiffs in Money Suit No. 120 of 1994-III of the Court of Additional Civil Judge (Senior Division), Balasore. That Court delivered the impugned judgment on 8.5.1997 and granted a decree of Rs. 4,93,000/- (Rupees four lakhs ninety three thousand) towards damage and compensation along with interest at the rate of 12% from the date of filing of the suit/presentation of the plaint till the date of realisation. Such decree was passed against the appellants.2. According to the plaintiffs' case, Manonjaya Sethi (hereinafter referred to as 'the deceased') late husband of plaintiff No. 1, father of the plaintiff Nos. 2 to 4 and son of plaintiff No. 5 at the age of about 38 years, on 13.9.1993 at about 6.30 A.M. suffered a tragic death because of electrocution of the snapped live wire hanging from the electric Pole and Iying on the public road. Plaintiff's claim for damage and compensation through the statutory notice having not been adhered to by the d...
Tag this Judgment!Shyam Sundar Mohapatra and ors. Vs. Brahmananda Sen and ors.
Court: Orissa
Decided on: Oct-15-2003
Reported in: 97(2004)CLT49
P.K. Tripathy, J.1. Heard.2. This writ application is precisely under Article 227 of the Constitution of India. Opposite Party Nos. 1, 2, 4 & 5 in H. R. C. Case No. 13 of 1982 of the Court of S.D.J.M. Balasore were appellant Nos. 1 to 4 in H.R.C. Appeal No. 6 of 1985 of the Court of Chief Judicial Magistrate, Balasore and they are the petitioners before us. Both the petitioners and opposite party Nos. 3 & 6 in that H.R.C. Case are respectively the Opposite Party Nos. 1 to 4 in this O.J.C. Opposite party No. 2 is one of the sons of deceased Opposite party No. 1. Therefore the other legal representatives of opposite party No. 1, on his death, were substituted as opposite party Nos. 1 (a) to 1 (d). On the death of Opposite Party No. 4 her legal heirs have been substituted as Opposite Party Nos. 4(a) to 4 (d). The substituted legal representatives of the above noted deceased Opposite Parties have not appeared and contested this case.3. For the sake of convenience of reference and to avoid ...
Tag this Judgment!Pramod Naik Vs. Sukanti Naik and anr.
Court: Orissa
Decided on: Oct-15-2003
Reported in: AIR2004Ori72
1. In this Civil Appeal appellant challenges the order passed by the learned Judge, Family Court, Rourkela under Sections 18 and 20 of the Hindu Adoption and Maintenance Act, 1956 (in short, 'the Act, 1956') in Civil Proceeding No. 52 of 2000 as per the impugned composite judgment delivered on 28-11-2000 in that proceeding along with Civil Proceeding No. 40 of 2000 under Section 9 of the Hindu Marriage Act, 1955, (in short, 'the Act, 1955') filed by the present appellant.2. Marriage between the appellant and the respondent No. 1 was solemnized in the year 1993 and the respondent No. 2 was born out of the wedlock. Since May, 1997 matrimonial relationship disrupted and the respondent No. 1 with the minor child has been staying away from the society of the appellant. Appellant filed Civil Proceeding No. 40 of 2000 praying for restitution of conjugal rights on the ground that for no just cause respondent No. 1 dissociated from him. On the other hand, respondents filed Civil Proceeding No. ...
Tag this Judgment!- ‹ Prev
- 1
- 3
- Next ›
- Last »