Orissa Court December 2003 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Biman Bihari Patnaik Vs. State of Orissa
Court: Orissa
Decided on: Dec-12-2003
Reported in: 2004(I)OLR418
L. Mohapatra, J.1. The petitioner in this application under Section 482, CrPC has challenged the order passed by learned S.D.J.M., Cuttack in G.R. Case No. 196 of 1990 taking cognizance of offences under Sections 465, 467, 468, 471, 477-A, 420, 109, 119, 120-B/34, IPC.2. Case of the prosecution so far as the present petitioner is concerned, is that during his tenure as Land Acquisition Officer, Cuttack he had referred claims of some fraudulent claimants to the Subordinate Judge, Cuttack under the provisions of the Land Acquisition Act for adjudication without applying judicial mind and without verifying records. On such allegations after investigation charge-sheet was submitted and in the charge- sheet, so far as the present petitioner is concerned, the following has been stated :'The Revenue Inspectors have very cunningly forged and manipulated the ledgers and ekapadia register through some few persons to avoid their complicity as it was learnt confidentially. As such, the Revenue Ins...
Sri Bhupendra Kumar Basu Vs. State of Orissa
Court: Orissa
Decided on: Dec-12-2003
Reported in: 2004(I)OLR442
L. Mohapatra, J.1. This revision under Section 397 CrPC has been filed for setting aside the order dated 21.12.1994 passed in G.R. Case No. 196 of 1990 pending in the Court of S.D.J.M., Cuttack taking cognizance of offences under Sections 465, 467, 468, 471, 477-A, 420, 109, 119, 120-B/34, IPC.2. From the records it appears that on the basis of an information lodged by the Land Acquisition Officer (Civil), Cuttack before the Officer-in-Charge, Lalbag Police station, P.S. Case No. 27(2) of 1990 was registered for commission of the aforesaid offences against the petitioner and several others. It is alleged in the FIR that on 26.3.1994 Ac 405.49 decs of Ian J had been acquired under Section 4 of the Land Acquisition Act (in short, 'the Act') for establishment of Aviation Research Centre at Charbatia. Out of the aforesaid land Ac. 308.86 decs belong to the State Government and Ac 26.63 decs. belong to private persons of different villages. During the year 1977 to 1981 some persons named in...
Bisweswar Satpathy Vs. Chandra Sekhar Kumar
Court: Orissa
Decided on: Dec-12-2003
Reported in: 2004(I)OLR439
L. Mohapatra, J.1. This revision is directed against the order dated 15.2.1996 passed by learned J.M.F.C., Rampur in I.C.C. No. 22 of 1995 holding the criminal proceeding initiated against the opposite party not maintainable in absence of sanction from the appropriate authority under Section 197, CrPC.2. The petitioner is the complainant. The complaint was filed on the allegation that the petitioner is a teacher serving in Mayabarha U.P. School in the district of Sonepur where the opposite party was working as the Sub-Collector at the relevant time. On 5.9.1995 at about 10.30 A.M. when the petitioner entered into the school premises he saw the opposite party sitting on a chair on the school verandah. The moment the opposite party saw the petitioner entering into the school he suddenly flarged up and abused him in obscene language alleging therein that the petitioner had come to the school late and no sooner the petitioner gave a reply that he had come in right time, the opposite party ...
Rajendra Kumar Nanda Vs. State of Orissa
Court: Orissa
Decided on: Dec-12-2003
Reported in: 2004(I)OLR27
L. Mohapatra, J.1.This application under Section 482, Cr.P.C. has been filed challenging the order dated 10.9.1999 passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No. 41-S/10 of 1998-99 refusing the prayer to discharge the petitioner under Section 228 of the Code of Criminal Procedure and framing charge for commission of offences under Sections 302/109 of the Indian Penal Code against the petitioner.2. The petitioner and one Smt. Snehalata Naik are the accused persons in the aforesaid case. The said Snehalata Naik had married the deceased Ranjan Naik, who was working as Inspector of Police. In the night of 8th April, 1998 while the informant along with some Constables were on patrol duty, at about 1.40 A.M. they saw huge smoke coming out from the Government quarter in which the deceased was staying. When the informant and others went near the house, they found accused Snehalata Naik shouting 'fire, fire' and the daughter of the deceased was trembling out of fe...
Purandar Pradhan Vs. Gati Pradhan and 3 ors.
Court: Orissa
Decided on: Dec-11-2003
Reported in: 97(2004)CLT65; 2004(I)OLR56
ORDERP.K. Tripathy, J.1. Heard.2. This application under Section 24, C.P.C. has been filed for transfer of the Title Suit No. 11 of 1994 from the Court of Civil Judge (Jr. Division), Phulbani to any other Court at Phulbani precisedly on the ground that after remand of the case as per the judgment dated 13.8.2002 in Title Appeal No. 6 of 1998 the trial Court in course of recording further evidence ascertained from the plaintiff about the valuation of the subject matter of dispute. Grievance of the petitioner is that when the suit was remanded on specific issues, the trial Court has no business to go into the question of valuation.3. On perusal of the judgment in Title Appeal No. 6 of 1998 (Annexure-2), it is seen that the judgment and decree of the trial Court was set aside and the suit was remanded for fresh disposal according to law. tn that judgment not only the appellate Court made observation relating to certain issues but also directed to decide the question on the issue of advers...
Sri Manoranjan Mohanty @ Pattnaik and ors. Vs. Sarada Charan Mohanty @ ...
Court: Orissa
Decided on: Dec-11-2003
Reported in: 97(2004)CLT68; 2004(I)OLR50
ORDERP. K.Tripathy, J. 1. Heard.2. In this Writ Petition, defendant Nos. 3 to 8 in Title Suit No. 56 of 1999 of the Court of CivilJudge (Sr. Division), Bhawanipatna challenge to the order of amendment of the plaint allowed by the said Court on 29.1.2003. That order has been appended to this writ petition as Annexure-4. Copy of the plaint, written statement and the application for amendment have also been appended to the writ petition as Annexures 1 to 3 respectively. Grievance of the petitioners is that through the proposed amendment plaintiffs have tried to make out a new case so as to subterfuge the defence plea of the defendants 3 to 8 and also to change the nature and character of the suit. Accordingly, they pray to set aside the impugned order. In that context they rely on the case of Bhubaneswar Patel v.. Janak Patel and Ors., AIR 1976 Orissa, page 216. Learned counsel for the opposite parties reiterates the ground on which the trial Court has allowed the application for amendmen...
Sukanta Patra Vs. Principal Secretary and ors.
Court: Orissa
Decided on: Dec-11-2003
Reported in: 97(2004)CLT682
P.K. Mohanty, J. 1. Heard Mr. B. K. Sahu, learned counsel for the petitioner.2. The petitioner was appointed as a Stipendiary Engineer on a consolidated stipend of Rs. 2000/- per month by order dated 7.4.1992 of the Government of Orissa in the Department of Energy and assigned to Orissa Lift Irrigation Corporation with a direction to the Corporation to issue detailed posting order, a copy whereof is Annexure 1. The Lift litigation Corporation in its order dated 25.4.1992 (Annexure 2) pursuant to the letter of the Energy Department of the Government of Orissa, posted the petitioner to L.I. Division, Aul. The petitioner was transferred to Grid Corporation, which issued posting order dated 17.7.1997 and posted him as a Stipendiary Engineer (shift) TL S/D, Ganjam (Annexure 3) in which he joined.The petitioner while was continuing as a Stipendiary Engineer, was appointed by the Grid Corporation permanently as Stipendiary Engineer (E) with effect from 25.7.1997 F.N., which is the date of joi...
Smt. Khiralata Mohanta Vs. Collector and Three ors.
Court: Orissa
Decided on: Dec-11-2003
Reported in: 2004(I)OLR327
ORDERB.P. Das, J.1. Heard Mr. J. R. Dash, learned counsel for the petitioner and Mr. S. K. Das, learned Addl.Govt. Advocate for the State.2. The case of the petitioner in this writ application is that she was appointed as an Anganwadi worker by virtue of an appointment letter dated 19.4.88 in Karadapala Anganwadi Centre and while continuing as such, and discharging her lawful duty to the satisfaction of the authority, the CD.P.O. i.e. opp.party No.3 by order dated 24.6.98. (Annexure-1) terminated her services. It is alleged that the aforesaid order of termination (Annexure-1) is in violation of the principles of natural justice as no opportunity of hearing was given to the petitioner even though the order of termination was passed on allegation of misappropriation. According to the petitioner, it is the President and Secretary of the Mahila Mandal of the Village, who were involved in misappropriation and mismanagement of different grants made available to the Mahila Mandal and as she h...
Chandan Kumar Dey Vs. Controller of Examinations, Utkal University
Court: Orissa
Decided on: Dec-10-2003
Reported in: 97(2004)CLT78; 2004(I)OLR158
P. K. Mohanty, J.1. The petitioner calls in question the decision of the opp party-Utkal University in cancelling the result in Paper-VI of M. A. (English) Examination, 1999 for Non-Collegiate private candidates conducted in Rural Institute of Higher Studies, Bhograi centre.2. The petitioner's case in brief is that he appeared at the M. A. Examination in English as a private Non-Collegiate candidate under Utkal University in the year 1998 and had only passed in three papers out of eight for which he repeated the rest five papers in the next examination of the year 1999 and took the examination in the Rural Institute of Higher Studies, Bh'ograi centre. The petitioner asserts that when the results were published, he found that the marks he secured in Paper-VI in the year 1998 have been reflected in his mark sheet and on enquiry learnt that the result in paper-VI of the 1999 examination was not taken into account since it was cancelled because of mass malpractice in the centre. The petiti...
Bhuban Gochhayat Vs. the Collector and ors.
Court: Orissa
Decided on: Dec-10-2003
Reported in: 2004(I)OLR155
A.S. Naidu, J.1. Both these Writ Petitions relate to auction of a fishery shairat commonly known as 'Charigharia Jaripata' situated near Banki in the district of Cuttack. Admittedly the aforesaid fishery shairat is managed by Pathapur Grama Panchayat and the fishery shairat is settled by auction year after year by the said Grama Panchayat.2. Petitioner in W.P. (C) No. 11178 of 2003, namely, Bhuban Gochhayat, claims that in consonance with an Auction Notice issued by the Pathapur Grama Panchayat on 10.9.2003 inviting interested bidders to take part in the auction of the fishery shairat, he appeared and quoted his bid. A copy of the said Auction Notice is annexed as Annexure-1 to the Writ Petition. It is submitted that in consonance with the aforesaid Notice the auction was held and Bhuban Gochhayat being the highest bidder having quoted a sum of Rs. 20, 600.00 his bid was accepted by the concerned authorities and vide Annexure-3 dated 1.10.2003 the auction was confirmed by the B.D.O., B...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »