Orissa Court September 2003 Judgments
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Banamali Mishra Vs. Sri Achutananda Mishra and ors.
Court: Orissa
Decided on: Sep-22-2003
Reported in: 97(2004)CLT25; 2003(II)OLR568
ORDERP.K. Tripathy, J. 1. Heard.2. This application has been filed in Court today. Copy is served.3. Petitioner prays to convert the Civil Revision No. 273 of 2002 as a writ petition, on the ground that the Civil Revision Petition is not maintainable and therefore petitioner shall put forth his grievance before the Court under Article 227 of the Constitution.4. Mr. Sahu, learned counsel for the opposite party relying on the case of Bharatkumar Agrawal and Ors. v. Anita Trust and another, AIR 2003 Bombay 197, argues that conversion of the proceeding from one under Section 115, CPC to a writ petition under Article 227 of the Constitution of India is not permissible. Indeed in the cited case, learned Judge from Nagpur Bench of Bombay High Court has expressed such a view on the ground that when Civil Revision under Section 115, CPC is not maintainable that remedy is also not available to the petitioner under Article 227 of the Constitution. With due respect to the view expressed in that ca...
Purna Chandra Kodamansigh Vs. Administrator, Jagannatha Temple and ors ...
Court: Orissa
Decided on: Sep-22-2003
Reported in: 97(2004)CLT765
L. Mohapatra, J.1. This writ application has been filed for a direction to the opposite parties not to take any action in respect of Sabik Plot No. 2075 of Khata No. 627 extending to an area of Ac. 7.370 decimals corresponding to Sabik Plot No. 6 of Khata No. 733 towards South Eastern side of Mouza Malipada till the decree passed in favour of the petitioner is satisfied.2. Case of the petitioner is that the aforesaid land was put on long term lease for operating stone quarry by the opposite party No. 2 vide Sairat Case No. 3/87-88 in terms of the provisions contained under the Orissa Minor Minerals Concession Rules, 1983 for a period of 5 years, i.e., from 31.8.1987 to 31.8.1992. Lease was settled in favour of the petitioner on 5.12.1987 but the petitioner could not operate from 31.8.1987 because of the delay in settling the lease in favour of the petitioner and prayed for adjustment of the said period. However, after developments were made in the area for operating quarry, successor o...
Sysmed Laboratories Pvt. Ltd. and anr. Vs. Panbross Pharmaceuticals an ...
Court: Orissa
Decided on: Sep-18-2003
Reported in: 96(2003)CLT656; 2003(II)OLR440
B. P. Das, J.1. This appeal is directed against the order dated 23.12.2002 passed by the District Judge, Cuttack, in C.M.C. No. 126 of 2002, allowing the application filed by the plaintiff (present respondent No. 1) under Order 39, Rules 1 and 2 of the Code of Civil Procedure ('CPC' in short), and temporarily restraining the defendants (the present appellants and respondent No. 2) from manufacturing and marketing their product 'HYCAL FORTE'.2. The brief facts leading to the present appeal are that respondent No. 1 as plaintiff has filed a suit being O.S. No. 3 of 2002 praying, inter alia, for a permanent injunction restraining the defendants, i.e., the present appellants and respondent No. 2, their servants, agents and assignees from passing off in any manner or assisting others to pass off medicine under the trade mark 'HYCAL FORTE' and for a preliminary decree for accounts of all profits made by the defendants in respect of its medicine sold under the aforesaid trade mark and also fo...
Prahallad Mohanty Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-18-2003
Reported in: 2003(II)OLR513
B.P. Das, J.1. This Criminal Revision under Section 401 of the Criminal Procedure Code (hereinafter referred to as the 'Code') has been filed with a prayer to set aside the order dated 18.4.2001 passed by the S.D.J.M., Jagatsinghpur, in Criminal Misc. Case No. 79 of 2000, arising out of G.R.Case No. 151 of 2000 rejecting the application of the petitioner filed under Section 457 of the Code for passing appropriate order for production and disposal of the properties seized with the aforesaid G.R. Case after obtaining show cause from the opposite party-Investigating Officer.2. The brief facts leading to this revision application, as it tends to reveal, are that a first information report was lodged by one Kalyanilata Swain, the daughter of the present petitioner - Prahallad Mohanty alleging demand of dowry and torture against her husband-Anam Charan Swain and in-laws. The aforesaid F.I.R. was registered as Jagatsinghpur P.S. Case No. 46 of 2000 corresponding to G.R. Case No. 151 of 2000 u...
Binod Amat and anr. Vs. State of Orissa
Court: Orissa
Decided on: Sep-17-2003
Reported in: 2004CriLJ1021; 2003(II)OLR508
ORDERP.R. Tripathy, J.1. This application under Section 482, Cr.P.C. stands disposed of at the stage of admission on consent of both the parties2. Factual aspect involved in the case is that petitioners are two of the accused persons in G.R. Case No. 123 of 2002 of the Court of S.D.J.M., Birmaharajpur arising out of Birmaharajpur P.S. Case No. 88 of 2002. F.I.R. was lodged by the informant relating to an incident which took place around 1 a.m. in the night between 14/15-12-2002. According to the F.I.R. petitioner No. 1 with another named offender and about 5 unnamed offenders tresspassed into the shed of the informant where he was camping for undertaking construction work of a bridge. Accused persons demanded Rs. 20,000/- from the informant for celebration on the eve of the incoming new year. When the informant declined to pay not only he was man-handled and assaulted but also a sum of Rs. 5,000/- was forcibly taken away from him. On the basis of that F.I.R. both the petitioners were a...
Smt. Indira Panda Vs. L.A.O.
Court: Orissa
Decided on: Sep-17-2003
Reported in: 97(2004)CLT720
ORDERB.P. Das, J.1. The claimant- appellant in F. A. No. 210/2001 has challenged the award made under Section 18 of the Land Acquisition Act. 1994 (hereinafter referred to as 'the Act') on the ground of inadequacy of the awarded amount and prays for enhancement of the same. The other appeal i.e. F. A. No. 264 of 2001 the appellant - State has challenged the same award on the ground that the award is at the higher side and is not in consonance with the evidence on record, for which the award should be set aside.2. It appears that the First Appeal No. 264/2001 has been filed 25 days beyond the period of limitation. This Court is satisfied with the cause show in filing the appeal beyond the period of limitation. , Accordingly, the delay is condoned.3. As both the appeals arise out of one judgment, they were heard together and this common judgment is passed.4. As it appears, by virtue of compulsory acquisition of land an area of Ac. O. 100 decimals of land of one Indira Panda, who is the a...
United India Insurance Co. Ltd. Vs. Manorama Das and ors.
Court: Orissa
Decided on: Sep-16-2003
Reported in: 2005ACJ915; 96(2003)CLT563
B. P. Das, J.1. Heard Shri A. K. Mohanty, learned counsel for the appellant, and Shri P. N. Mishra, learned counsel for the respondents.2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (in short 'the Act') at the instance of the insurer challenging the award dated 12.8.2002 passed by the 3rd Motor Accidents Claims Tribunal, Puri, in M.A.C.T. Misc. Case No. 48/144 of 2000/ 1999.3. Respondent Nos. 1 to 3, who are the legal heirs of the deceased-Baishnab Charan Das, filed an application under Section 166 of the Act stating that the said Baishnab Charan Das was working as Special Messenger in the Head Office of Puri Gramya Bank at Pipili, and on 14.9.1998, after his office duty, at about 5.15 p.m. while he was waiting at the bus stoppage near his office for a puri-bound bus, a bus bearing registration No. OSP 5689 came from Bhubaneswar side and stopped at the aforesaid stoppage in order to pick up passengers. While the deceased being the last passengers was about to b...
Sumanta Rout Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-16-2003
Reported in: 97(2004)CLT27
L. Mohapatra, J.1. The petitioner in this writ application calls in question the legality of the order dated 2.11.2002 passed by the District Magistrate, Jagatsinghpur in N.S.A. Case No. 1 of 2002 directing detention of the petitioner under the provisions of the National Security Act, 1980 under Annexure-1 as well as the order dated 20.12.2002 passed by the State Government confirming such detention in Annexure-4.2. Case of the petitioner is that he was working as Auto-Rickshaw driver and was implicated in some cases where the actual culprits were unknown. On 18.6.2002 the petitioner surrendered before the learned S.D.J.M., Jagatsinghpur in G.R. Case No. 836 of 2001 and his prayer for bail having been refused he was remanded to judicial custody. While in judicial custody in the aforesaid case, he was served with the impugned notice in Annexure-1 along with grounds of his detention. After receipt of the grounds of detention the petitioner made a representation to the Chairman of the Nat...
Sachala Dei Vs. Ganesh Chandra Pradhan and ors.
Court: Orissa
Decided on: Sep-16-2003
Reported in: 96(2003)CLT788
L. Mohapatra, J. 1. The petitioner in this writ application challenge the judgment and order passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 439 of 2000 quashing the appointment of the petitioner to the post of Extra Departmental Branch Post Master, Narayanipara Branch Office.2. The opposite party No. 1 was the applicant before the Tribunal. He had filed the original application before the Tribunal to quash the appointment of petitioner to the post of Extra Departmental Branch Post Master, Narayanipara Branch Office and for a further direction to appoint him in that post. As it appears from the record, six candidates including the present petitioner and the opposite party No. 1 applied for the said post. Out of the six candidates, three were not considered as their applications were not complete in all respects. Out of the rest three applicants, the opposite party No. 1 was found to have secured 50.40% of marks in Matriculation whereas the present peti...
Bami Bewa Vs. Krushna Chandra SwaIn @ Gochhayat and ors.
Court: Orissa
Decided on: Sep-16-2003
Reported in: AIR2004Ori14
P.K. Tripathy, J. 1. Defendant No. 1 in Title Suit No. 18 of 1978 of the Court of Sub-Judge, Athagarh is the appellant as against a decree for partition granted by the said Court on the prayer of the plaintiff/respondent No. 1, vide the impugned judgment delivered on 9th August, 1979.2. Landed properties described in Schedule 'A' to 'E' are the subject matter of dispute in the suit for partition. Schedule 'A' property has been recorded in the name of Jairam Gochhayat, i.e. the adoptive father of the plaintiff and the defendant No. 1. The rest of the properties have been recorded in their names along with some other co-owners. The respective recorded tenants of Schedule 'C' to 'E' properties and their heirs figured as defendants 2 to 7 in the Court below. So far as the Schedule 'B' property is concerned, one Nabin was a co-recorded tenant. Plaintiff did not add any person as the heir and successor of Nabin on the ground of non-availability of any such heir and therefore, claimed half of...
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