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Orissa Court December 2003 Judgments

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Dec 09 2003

Sabitri Senapati Vs. Judge, Family Court and anr.

Court: Orissa

Decided on: Dec-09-2003

Reported in: AIR2004Ori75; 97(2004)CLT251; 2004(I)OLR194

A. K. Patnaik, J. 1. This is an appeal under Section 19(3) of the Family Courts Act, 1984 against judgment dated 12.7.1999 of the Judge, Family Court, Cuttack in Civil Proceeding No. 313 of 1997 dissolving the marriage between the appellant and the respondent No. 2 by a decree of divorce subject to payment of Rs. 40,000/- by the respondent No. 2 to the appellant towards permanent alimony.2. The brief facts are that the respondent No. 2 filed the aforesaid Civil Proceeding No. 313 of 1997 in the Court of the Judge, Family Court, Cuttack for dissolution of the marriage of the appellant with the respondent No. 2. The case of the respondent No. 2 in the petition of divorce was that the marriage between the appellant and the respondent No. 2 was solemnized on 29.5.1996 at Athgarh, but soon after the marriage, the respondent No. 2 received an anonymous letter from someone alleging that the appellant had relationship with him. On enquiry it was revealed that the father of the appellant had lo...


Dec 08 2003

Kulamani Mallik Vs. the Collector and 2 ors.

Court: Orissa

Decided on: Dec-08-2003

Reported in: 97(2004)CLT135; 2004(I)OLR46

ORDERP. K. Tripathy, J. 1. Heard Mr. Mishra, learned counsel for the petitioner and Mr. P. K. Mohanty, learned Additional Government Advocate.2. Petitioner, the elected Sarapanch of Baulanga Grama Panchayat has challenged the order of his suspension dated 12.3.2003 passed by the Collector, Puri vide Annexure-4.3. According to Mr. Mishra, learned counsel for the petitioner, the order is vague and does not disclose any overt act, omissions or commissions by the petitioner. It is also forcefully submitted that the Collector has not followed the mandatory requirement of the provisions of Section 115 of the Orissa Grama Panchayat Act before passing the order of suspension and as such, the same is liable to be struck down.4. Suspension of an elected representative is indeed a drastic action and should not be taken recourse to cursorily and in a mechanical manner. Having vested the power with the Executive to suspend an elected representative, the Legislature has provided safeguards against a...


Dec 05 2003

The Secretary, Bar Association Vs. Sri D. Mohapatra, Executive Magistr ...

Court: Orissa

Decided on: Dec-05-2003

Reported in: 97(2004)CLT153; 2004(I)OLR20

B.P. Das, J.1. This is a Suo Motu Criminal Revision registered on the basis of the grievance of Sohella Bar Association against the action of Shri D. Mohapatra, Executive Magistrate, Sohella while dealing with the cases under Section 109, Cr.P.C. on his file. It is stated that although the delinquents were ready to go on bail by executing bonds, the learned Magistrate remanded them to jail custody in Criminal Misc. Case/Nos. 58 of 1998 and 60 of 1998. That apart, an application was also made by delinquent - Kunja Bihari Bariha, son of Udhaba Bariha, resident of village Sarkanda, P.S. Sohella, District Bargarh, addressed to the Hon'ble Chief Justice of this Court from the jail custody stating therein that he was arrested by the Sohella Police on 31.8.1998 under Section 109, Cr.P.C. and was produced on the same day before the Executive Magistrate, Sohella. He engaged Mr. A.K. Barik, Advocate, who filed Vakalatnama on his behalf along with a good-behaviour bond for his release, but the Ex...


Dec 05 2003

Lakshman Kumar Lenka Vs. Central Electricity Supply Co. and anr.

Court: Orissa

Decided on: Dec-05-2003

Reported in: AIR2004Ori74; 2004(I)OLR98

ORDER1. This writ petition relates to supply of electricity to a residential building numbered as Holding No. 729(C) in Ward No. 35 situated at Chauliaganj in Cuttack town. The said property was earlier in the name of the mother of the petitioner. Electricity to the said building was supplied to the consumer bearing registration No. 02252995, which was in the name of the elder brother of the petitioner Keshab Chandra Lenka. After the death of the mother of the petitioner, the properties of the family were partitioned between the petitioner and his two brothers, namely, Keshab Chandra Lenka and Rama Chandra Lenka. The residential building numbered as Holding No. 729(C), Ward No. 35 at Chauliaganj, fell to share of the petitioner and the petitioner applied for electricity connection to the CESCO. But since an amount of Rs. 21,209.51 p. was due and payable to the CESCO by the elder brother of the petitioner, namely, Keshab Chandra Lenka, CESCO has refused to supply electricity to the peti...


Dec 03 2003

Smt. Sabitri Jagadev Vs. State of Orissa (Vigilance)

Court: Orissa

Decided on: Dec-03-2003

Reported in: II(2005)BC88; 97(2004)CLT90; 2004(I)OLR32

Pradip Mohanty, J.1. This Criminal Revision arises out of the order dated 26.9.2003 in Vigilance G.R, No. 29 of 2003 pending in the Court of the Special Chief Judicial Magistrate (Vigilance), Bhubaneswar.2. The petitioner's husband is arrayed as an accused in Vigilance G.R. No. 29 of 2003 registered under Sections 120-B/468/471/420 of the IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. During the course of investigation in connection with the aforesaid case, the Vigilance investigating agency seized the bank accounts of the petitioner namely; S.B. Account No. 2512/13 of Allahabad Bank, Kalupada Ghat Branch; Current Account Nos. 31, 32 ad 33 and S.B. Account No. 1331 of Khurda Central Co-operative Bank, Tangi Branch. The petitioner, thereafter, filed an application under Section 457 of the Cr.P.C. for release of the aforesaid bank accounts in her favour. The said petition was considered by the learned Spl. C.J.M. (Vigilance), Bhubaneswar and r...


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