Orissa Court February 2003 Judgments
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Nandakishore Nayak and Two ors. Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: Feb-21-2003
Reported in: 2003(I)OLR473
ORDERP.K. Tripathy, J.1. Learned counsel for both the parties are present. Petitioners have filed today in the Court the above noted Misc. Case with the prayer to pass appropriate interim order to prevent interference on the rights of the plaintiffs by the defendants. Since the revision is being taken up. on consent of the parties for disposal at the stage of admission, therefore, appropriate orders shall be passed in the Civil Revision Petition and therefore no separate order need be passed on the aforesaid application filed in Court today.2. Plaintiffs in Title Suit No. 688/678 of 2001/1999 of the Court of Civil Judge (Jr. Division), Bhubaneswar have filed this Civil Revision Petition Under Section 115, CPC challenging to legality and correctness of the order passed on 29.6.2002 by the said Civil Judge and the confirming order passed by learned Addl. District Judge, Bhubaneswar on 21.11.2002 in F.A.O. No. 74 of 2002 by refusing to grant temporary injunction in favour of the plaintiff...
Board of Trustees, Paradip Port Trust Vs. Managing Director, Industria ...
Court: Orissa
Decided on: Feb-20-2003
Reported in: 95(2003)CLT739
B. Panigrahi, J.1. The Plaintiff in Title Suit No. 213 of 1996 of the Court of the Civil Judge (Jr. Division), Kujang has filed this appeal against the judgment and decree passed by the First Appellate Court in R.P.F. Case No. 44/2002 whereby and whereunder the first appellate Court confirmed the judgment and decree of the learned trial Court. The plaintiff-Paradip Port Trust has filed a suit for permanent injunction restraining the respondent No. 1, Managing Director, Industrial Infrastructure development Corporation (hereinafter referred to as 'IDCO') from coming over to the suit schedule land and from interfering with the plaintiff's possession in any manner whatsoever. 2. The plaintiff is a statutory body established under the Major Port Trust Act, 1963. The Government of Orissa decided to establish a harbour at confluence side of river Mahanadi and accordingly, the Paradip Port Trust was established some time in 1962 at Paradip. In different phases under the strength of several no...
Madhusudan Jena Vs. Chairman and Managing Director, United Bank of Ind ...
Court: Orissa
Decided on: Feb-19-2003
Reported in: (2004)ILLJ717Ori
L. Mohapatra, J.1. The petitioner in this writ application calls in question the legality of the order passed by opposite party No. 3 in Annexure-18 imposing the punishment of reduction in basic pay one (1) stage lower in the scale of pay in Middle Management Grade Scale-II pursuant to a disciplinary proceeding.2. The case of the petitioner is that he entered into service under the opposite parties in the year 1972 and while working as Branch Manager in Nayabazar Branch a disciplinary proceeding was initiated against him and article of charges dated December 11, 1989 was served on him. In the article of charges it is alleged that while working as Branch Manager, Nayabazar Branch from May 25, 1984 to June 18, 1986 the petitioner unauthorisedly sanctioned and disbursed two bank guarantees on February 7, 1985 in the account of Suresh Chandra Sahoo in favour of Orissa State Civil Supplies Corporation Limited and also disbursed a cash credit of Rs. 7 lakhs and term loan of Rs. 76,500/- to S...
Dashrathi Nayak Vs. Central Administrative Tribunal, Cuttack Bench and ...
Court: Orissa
Decided on: Feb-19-2003
Reported in: (2004)ILLJ472Ori; 2003(I)OLR398
B. Panigrahi, J. 1. In this writ petition the order of the learned Central Administrative Tribunal, Cuttack Bench dated June 30, 1999 in O. A. No. 739 of 1993 whereby and whereunder the petitioner's order of removal from service was maintained. The petitioner was appointed as Engine Cleaner (E. C.) on June 30, 1976 in the LOCO Department under South Eastern Railway, Khurda Road Division. The petitioner was promoted to the post of Driver 'C' in 1990. It is alleged by the petitioner that throughout his career he did no work which at any point of time amounted to carelessness and recklessness. The Goods Train in which he was working as driver was derailed on June 3, 1991. After such rail accident the petitioner was placed under suspension. No sooner did the accident take place a high-power fact-finding body visited the spot and submitted their report on June 12, 1991. Certain charges were framed against the petitioner and in reply to the article of charges, he claimed for supplying of a c...
Ashok Kumar Sahoo Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Feb-19-2003
Reported in: 2003(I)OLR410
B. Panigrahi, J.1. In this writ petition the petitioner has questioned about the propriety of the order dated 8.8.2000 passed by the Central Administrative Tribunal. Cuttack Bench, Cuttack in O.A. No. 571 of 1999 filed by the opp.party No. 3 against the opp.parties 1 and 2 without impleading the petitioner as a party therein whereby the Tribunal directed to consider the application of opp. party No. 3.2. The opp.parties 1 and 2 issued an advertisement/ notification dated 29.7.1999 inviting application for the post of Extra Departmental Sub-Post Master which was designated as GRAMINA DAK SEVA SUB POST MASTER (hereinafter referred to as 'GDSSPM') at Tulasipur, Banki Sub-Post Office under Cuttack Division. The petitioner offered himself to be a candidate from O.B.C. community and claimed to have secured 64% of marks in Board of Secondary Examination. It appears that opp. party No. 3 filed a case before the Central Administrative Tribunal, being O.A. No. 571 of 1999 wherein he claimed that...
Smt. Nishamani Singh Vs. Nishamani Dibya and ors.
Court: Orissa
Decided on: Feb-18-2003
Reported in: AIR2003Ori123
ORDERBasudev Panigrahi, J.1. The plaintiff in O.S. No. 17/ 11 of 1980/78-1 is the appellant against the dismissal of her suit for declaration of right, title and interest over the suit land on the strength of a registered gift deed dated 26-7-71, vide Ext. 1, executed by the defendant/respondent No. 1, for confirmation and/ or recovery of possession.2. The appellant's case in the trial Court is that originally the suit property belonged to the husband defendant-respondent No. 1. Since her husband died issueless, defendant No. 1 as the sole successor enjoyed the suit property by remaining in exclusive possession thereof. There was none to look after her property and whenever she used to fall ill, the appellant who is her maternal niece, used to look after her. So, the appellant went to defendant-respondent No. 1's house and started nursing her. Gradually, the defendant-respondent No. 1 reposed faith and confidence in the plaintiff-appellant. Accordingly, the defendant No. 1 voluntarily ...
P. Papamma and anr. Vs. State of Orissa
Court: Orissa
Decided on: Feb-18-2003
Reported in: 2003CriLJ2148
A.S. Naidu, J.1. The appellants, who stood sureties of accused M. Niranjan Patro in S.C. No. 230/2001 of the Court of learned Sessions Judge, Ganjam-Gajapati at Berhampur have preferred this appeal praying to set aside the Order dtd, 1-11-2002 passed by the learned Sessions Judge in M.C. No. 3 of 2002 arising out of Sessions Case No. 230 of 2001.2. The short facts leading to the case are that accused M. Niranjan Patro and others were facing trial in the Court of learned Sessions Judge and during pendency of the trial, the said accused was released on interim bail. The present appellants stood sureties for the said accused on executing a bail-bond of Rs. 15,000/- each. The learned Sessions Judge released the accused on interim bail with a direction to surrender before the Court below on 31st July, 2002. Since the accused did not surrender on the date fixed, Non-bailable Warrant of Arrest was issued and the bail-bonds furnished by the present appellants were forfeited. The learned Sessio...
Rabindranath Gounda Vs. State
Court: Orissa
Decided on: Feb-17-2003
Reported in: 2003CriLJ2752
ORDERL. Mohapatra, J.1. This revision is directed against the judgment and order passed by the courts below convicting the petitioner under Section 436 of the Penal Code. Though trial Court imposed sentence of imprisonment for seven years, in appeal the same has been reduced to three years. The trial Court further directed for payment of fine of rupees one thousand out of which rupees eight hundred was directed to be paid to P.W. 4, Kalicharan Panda as compensation and so far as that part of sentence is concerned, the appellate court has not interfered with the same,2. Case of the prosecution is that accused-petitioner is the neighbour of Kalicharan Panda (P.W.4) and they were in inimical terms. On 18-3-1995 at about 10.30 A.M. when wife of P. W. 4 Gitanjali Panda (P.W. 5) and sister-in-law Subhalaxmi Sahu (P.W. 3) had been to the adjacent bari of their house to pass urine, they saw the accused-petitioner standing on the roof of his house. They further saw that the accused-petitioner l...
Minaketan Bhoi Vs. State of Orissa
Court: Orissa
Decided on: Feb-17-2003
Reported in: 2003CriLJ3256
R.K. Patra, J. 1. This matter was listed on 11-2-2003 for consideration of prayer for bail. Counsel for both parties agreed that they have no objection if the main appeal is heard on merit because, according to them, the scope of the appeal is limited. In view of such submission, we heard the appeal on merit on 11-2-2003 as well as today.2. The appellant stands convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 500/-, in default to undergo rigorous imprisonment for one month. The appellant and his father Arjuna were placed on trial under Sections 302/323/34, IPC for committing murder of Panchu Bhoi and causing hurt to his son Gobardhan (P.W. 3) in furtherance of their common intention. The learned Additional Sessions Judge acquitted appellant's father Arjuna of both the charges and convicted the appellant as stated above.3. The case of the prosecution is that on 26-7-1992 at about 6.30 a.m. Chakanayan (P.W. 1} with his brothe...
The Secretary, Home Department Vs. Smt. Susila Kumari Padhi and ors. a ...
Court: Orissa
Decided on: Feb-11-2003
Reported in: 2004ACJ1942; 95(2003)CLT574; 2003(I)OLR591
B.P. Das, J. 1. The State of Orissa has filed the aforesaid two appeals challenging the common judgment dated 31.3.1992 passed by the 2nd. Motor Accidents Claims Tribunal (S.D), Berhampur, in M.A.C. No. 327/88 (330/87) and No. 83/88 (196/87) respectively awarding compensation of Rs. 2,60,000/- for the death of deceased Prakash Chandra Padhi and Rs. 30,000/- in favour of the injured-Giridhari Palai, and saddling the liability of payment of the aforesaid compensation on the present appellant.2. The brief facts leading to the present appeals may be stated thus : On 24.5.1987the deceased Prakash Chandra Padhi, while posted as the Officer-in-charge of Kodala Police Station, requisitioned a Private vehicle, namely, a mini-truck, bearing registration No. OSG 1974 belonging to Kailash Chandra Nayak for deployment on official duty as no Government vehicle was then available in the police station. The deceased along with his staff proceeded in the said vehicle with its driver to Polosara on offi...
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