Orissa Court June 2003 Judgments
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Duryodhan Sahu Vs. Anil Kumar Agrawala and ors.
Court: Orissa
Decided on: Jun-23-2003
Reported in: 96(2003)CLT407; 2003(II)OLR314
P.K. Tripathy, J. 1.Plaintiff in Title Suit No. 65 of 1992 of the Court of 2nd Addl. Civil Judge (Sr. Division), Cuttack has preferred this revision against the order passed on 17.8.2000 in allowing amendment of the written statement of the defendants/opposite parties for introducing a counter claim in accordance with the provision under Order 8, Rule 6-A, CPC.2. As noted in the impugned order, plaintiff has filed the suit for right, title, interest and possession on the basis of his claim of adverse possession over the suit house which the defendants claim to have purchased from the true owner along with the adjoining premises, The purchaser/ defendants have filed their written statement disputing to the claim of right, title, interest and possession advanced by the plaintiff. They have also pleaded that by sheer use of force plaintiff has tried to interfere with the possession of the purchaser-defendants. While the matter stood thus, on 8.3. 2000 defendants filed application for amen...
Mandakini Senapati (Dead) After Her, Somanath Senapati Vs. State of Or ...
Court: Orissa
Decided on: Jun-23-2003
Reported in: 96(2003)CLT465
A. K. Patnaik, J.1. This writ petition was originally filed by late Mandakini Senapati. She died during the pendency of the writ petition and in her place, her husband-Somanath Senapati has been substituted as the petitioner.2. The facts briefly are that the State of Orissa by a policy decision in the year 1980-81 declared hotel as an 'Industry'. Late Mandakini Senapati applied in the year 1985 for allotment of a land in Bhubaneswar town for setting up a hotel named 'Hotel Ashirbad'. The aforesaid hotel project was provisionally registered with the General Manager, District Industries Centre (for short, 'the D.I.C.') on 11.12.1985. The D.I.C. recommended the aforesaid hotel project to the Director of Industries, Orissa by letter dated 18.1.1986. The proposal, however, was dropped at the level of the Director of Industries as there was a ban imposed by the Government on hotel projects. After the ban was lifted, the proposal was recommended by the Director of Industries, Orissa by letter...
Rama Kanta SwaIn Vs. Managing Director, Industrial Development Corpora ...
Court: Orissa
Decided on: Jun-20-2003
Reported in: 96(2003)CLT137; 2003(II)OLR169
Pradip Mohanty, J. 1. Being aggrieved by the judgment and order dated 12.1.1995 passed by the 4th Motor Accidents Claims Tribunal, Puri, in M.A.C.T. Case No. 434/1065 of 93/88, the claimant has filed this appeal under Section 173(1) of the Motor Vehicles Act.2. The fact of the case, in brief, is that the claimant-appellant was a student of Accountancy at the time of occurrence. On 15.10,1988 at about 6.20 PM. while the claimant-appellant was returning to Baramunda in Bhubaneswar from Saheed Nagar side on his bicycle, the offending bus bearing registration No. OSX-8151, which approached from the opposite direction at Nayapalli road junction swerved towards it's right side and dashed against the claimant-appellant as a result of which he sustained multiple injuries including lacerated injuries on different parts of his body and the bi-cycle was damaged. The claimant-appellant was removed to the Capital Hospital, Bhubaneswar where he was treated and subsequently he was referred to the S.C...
Manibhadra Biswal Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-20-2003
Reported in: II(2004)ACC728; 96(2003)CLT261; 2003(II)OLR151
A.K. Patnaik, J.1. The case of the petitioner in this writ petition is that on 22.3.1997 at about 9.00 A.M. in the morning, he went to the Soro Police Station to lodge First Information Report against Shri Baidhar Khatua and his two sons, namely, Prafulla Khatua and Prasanna Khatua who were illegally felling trees and bamboos from a disputed land of Satyabhama Pattnaik of village Sultanpur of which the petitioner was one of the custodians. He handed over a written FIR to the Officer-in-Charge of Soro Police Station and requested him to investigate into the matter, The Officer-in-Charge of Soro Police Station after going through the contents of the FIR scolded the petitioner in filthy language and directed a constable to put him in the lock-up. The petitioner was then kept in the police lock-up and was assaulted mercilessly with lathi and kicks by the Officer-in-Charge of Soro Police Station and one Shri Behera. The petitioner was asked by them to produce his son, Manoranjan Biswal, who...
Hasina Bibi Vs. Amurat Bibi and ors.
Court: Orissa
Decided on: Jun-20-2003
Reported in: AIR2003Ori205; 96(2003)CLT241; 2003(II)OLR215
R.K. Patra, J.1. The short but ticklish question that arises for consideration in this civil revision is whether a woman who has applied for grant of succession certificate is entitled to exemption of court fees by virtue of Law Department Notification No. SRO 575/94 dated 7.6.1994 published in the Orissa Gazette (Extraordinary) No. 670 dated 10.6.1994. Two of the learned Judges of this Court have taken different view in the matter. One learned Judge in Sharmila Das v. State of Orissa, 85 (1998) CLT 520 has held that the fee payable under Article 12 of Schedule-I of the Court-Fees Act, 1870 not being a fee for the purpose of filing or instituting a case for grant of certificate, it is not covered by the said notification. The judgment in that case was delivered by the learned Judge on 29.9.1997. Another learned Single Judge in his order dated 29.1.1998 in Civil Revision No. 370 of 1996 (Smt. Saudamini Das v. State of Orissa, 85 (1998) CLT 524) has held to the contrary and opined that t...
Sri Bhartruhari Mahatab Vs. Sri Dolagovinda Pradhan and ors.
Court: Orissa
Decided on: Jun-20-2003
Reported in: AIR2003Ori212; 96(2003)CLT254; 2003(II)OLR173
A.K. Patnaik, J.1. This is an appeal under Section 299 of the Indian Succession Act, 1925.2. The relevant facts briefly are that the appellant filed a petition under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') for Letters of Administration in the court of the learned District Judge, Cuttack, which was registered as Misc. Case No. 14 of 1987. In the said petition, the appellant claimed that he is the adopted son of late Dr. Harekrushna Mahatab who executed a Will in April, 1960 bequeathing all his properties in favour of the appellant and Dr. Harekrushna Mahatab died on 2.1.1987. Along with the petition the appellant filed an affidavit annexing thereto a list of all the properties of the deceased Harekrushna Mahatab and item No. (iv) of the said list annexed to the affidavit comprised of a property located on Ac. 0. 520 decimals of land out of Plot No. 1160 in Khata No. 683 in Mouza Ramagarh in Cuttack town. Notices were issued by the learned Di...
Chhalla Srinivas Vs. Smt. Challa Aruna
Court: Orissa
Decided on: Jun-20-2003
Reported in: 96(2003)CLT361; 2003(II)OLR295
L. Mohapatra, J.1.This application under Section 482, Cr.P.C. has been filed for quashing the order of cognizance dated 30th March, 1993 passed by the learned S.D.J.M., Gunupur in I.C.C. No. 14 of 1993.2. Form the record it appears that the aforesaid complaint case was filed by the opposite party alleging therein that she had married accused No. 1 on 23.10.1988 in accordance with Hindu rites, customs and traditions. Her further allegation is that at the time of marriage, her parents had given gold ornaments and other articles as described in the complaint. One and half years after the marriage it is alleged that the husband-accused No. 1 demanded dowry in terms of cash and gold and due to non-fulfilment of said dowry demand the complainant-opposite party No. 1 was subjected to torture. The allegations with regard to demand of dowry and torture took place in between 1990-93. The complaint reveals that the occurrence took place on 24.1.1993. On the basis of such complaint, the learned Ma...
Bishal Enterprises and Etc. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-20-2003
Reported in: AIR2003Ori207; 2005(1)CTLJ111(Ori)
R.K. Patra, J. 1. Validity of acceptance of tenders submitted by M/s. Logatag India (opposite party No. 5) and M/s. Mediaids, Cuttack (opposite party No. 4) on behalf of Nicholas Piramal India Ltd. (opposite party No. 6) for supply of Auto Analyser and accessories of Auto Analyser i.e. Elocsys (Fully Automatic Elisa Reader) is the subject-matter of challenge in both the writ petitions.2. The common case of the petitioners is that Superintendent, S. C. B. Medical College and Hospital, Cuttack invited scaled tenders for supply of Auto Analyser and its accessories which was published in the daily Samay dated 7-1-2001. The allegation is that the tenders have been accepted on certain considerations which were not spelt out in the tender call notice. Their further case is that a party which had not purchased the tender paper has been favoured with the largess.3. Counter-affidavits have been filed by the Superintendent, S. C. B. Medical College and Hospital in both the cases. The contesting o...
United India Insurance Co. Ltd. Vs. Manoranjan Jena
Court: Orissa
Decided on: Jun-20-2003
Reported in: II(2004)ACC189; 96(2003)CLT522
Pradip Mohanty, J.1. Being aggrieved by the judgment and order dated 8.10.1999 passed by the 3rd Motor Accidents Claims Tribunal, Jajpur, in M.A.C.C. No. 22 of 1999, the United India Insurance Company Ltd. has filed this appeal under Section 173 of the Motor Vehicles Act.2. The fact of the case in brief, is that on 18.1.1999 at about 12.40 P.M. when the claimant-respondent No. 1 was travelling from Sathipur to Jajpur town in a trekker bearing registration No. OR-04-A-5969, near Baleswar the trekker collided with a mini-truck which was coming from opposite direction. Due to the aforesaid collision the claimant-respondent No. 1 was injured and his right elbow joint totally dislocated for which he was hospitalised. After his recovery, the respondent filed the petition claiming compensation before the learned Motor Accidents Claims Tribunal, Jajpur.3. The opposite party-respondent No. 2 filed written statement stating therein that the motor vehicle having been insured with the insurance co...
Lohia Industries Vs. Food Inspector, Cuttack Municipal Corporation and ...
Court: Orissa
Decided on: Jun-20-2003
Reported in: 2003CriLJ4664; 2003(II)OLR191
ORDERR.K. Patra, J.1. Prayer was made by one Puranmal Choudhary, as the nominee of the petitioner, to the learned Sub-Divisional Judicial Magistrate, Sadar Cuttack to send the sample of the seized Mustard oil to the Central Food Laboratory for examination under the provisions of the Food Adulteration Act, 1954 and the rules made thereunder. By order dated 12-1-1999, the learned Magistrate rejected the prayer because he doubted the authenticity of the nomination. Being felt aggrieved by the said order, the petitioner has filed this application under Section 482 of the Code of Criminal Procedure for quashing of the order and to direct to send the seized mustard oil for re-testing by the Public Analyst, Orissa.2. Petitioner's case briefly stated is that it is a partnership firm having crude mustard oil manufacturing unit in the State of Rajasthan. As the consignor it had booked a tanker containing unrefined mustard oil of 89.15 gallons in favour of M/s. J. S. Oil Industries (Pvt.) Ltd. at...
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