Orissa Court January 2004 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.
Orissa Medical Science Association Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-12-2004
Reported in: 97(2004)CLT692; 2004(I)OLR130
P. K. Mohanty, J.1. In this batch of writ petitions, the Orissa Medical Science Association and four other individual in service doctors call in question the modified prospectus, 2002 for admission to the Post Graduate Medical Course in the Government Medical Colleges of the State and have sought for a direction to the State Government and the P.G. Medical Selection Committee to make selection of in-service candidates on the basis of marks awarded in their M.B.B.S. Examination 55% of marks or above and are continuing in Government services are eligible for being admitted to the course.2. The petitioners case in brief is that, the State Government, because of dearth of doctors for employment in rural areas and in the KBK districts, represented and assured the Medical Graduates, that in the event they accept Government employment, they would be permitted to join P. G. course on the basis of marks obtained in their M.B.B.S. examination for such admission. The petitioner claims that such a...
Sridhar Gantha Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-09-2004
Reported in: 97(2004)CLT269; 2004(I)OLR145
A. S. Naidu, J. 1. The interim order dated 15.5.2003 passed by the learned Civil Judge (S.D.), Koraput in I.A. No. 12 of 2003 declining to stay operation of the order passed in Election Misc. Case during the Pendency of a review petition is impugned in this case.2. The petitioner was elected as a Samiti Member of Kumbhari Gram Panchayat under Narayan Patna Block. Thereafter, he was elected as the Chairman of the said Block. While the matter stood thus, an Election Petition was filed by Opp. Party No. 2 under Section 44-B of the Orissa Panchayat Samiti Act, 1959 (hereinafter referred to as 'the Act'), inter alia, challenging the election of the petitioner as a Member which was registered as M.J.C. No. 14 of 2002. Another Election Petition was also filed challenging the election of the petitioner to the post of Chairman of Narayan Patna Block on identical grounds i.e., the petitioner was not eligible to get elected from reserved constituency and as such his election is liable to be set a...
Sanatan Jena Vs. Collector and anr.
Court: Orissa
Decided on: Jan-09-2004
Reported in: 97(2004)CLT319; 2004(I)OLR206
A. S. Naidu, J. 1. The petitioner, the elected Sarpanch of Iswarpur Grama Panchayat in the district of Balasore seeks to impugn the order dated 15th December, 2003, Annexure-6, passed by the Collector and District Magistrate, Balasore, opposite party No. 1 in purported exercise of the power conferred upon him under Section 15(1) of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Act'), suspending the petitioner from the post of Sarpanch.2. Mr. Jagannath Patnaik, learned Senior Advocate appearing for the petitioner, assails the order Annexure-6 on the ground that the same is contrary to the stipulations embodied in Section 115 of the Act and reveals complete non-application of mind of the Collector and District Magistrate. According to him, the impugned order also does not satisfy the mandatory requirements of the Act.3. The order of suspension, Annexure-6, reveals that theCollector was of the opinion that the petitioner had abused thepowers, rights and privileges ...
Sri Jadunath Jena Vs. Basupur Gram Panchayat and ors.
Court: Orissa
Decided on: Jan-09-2004
Reported in: AIR2004Ori81; 97(2004)CLT334
A. S. Naidu, J. 1. This Review petition has been filed with a prayer to review the common judgment dated 15.11.2003 passed in W.P.(C) Nos. 6442 & 1391 of 2002.2. W.P.(C) No. 6442 of 2002 was a Public Interest Litigation filed by Basupur Gram Panchayat, represented through its Sarpanch seeking issuance of a direction to opposite parties to lease out the sand sairat of Luna river adjacent to village Basupur in the district of Kendrapara measuring Ac, 63.64 dec. appertaining to Plot No. 1099 of Khata No. 439 in favour of the Grama Panchayat.Similarly, W.P. (C) No. 1391 of 2002 was filed by a villager with almost identical prayer but with a variation that the said sairat should be put to auction and leased out in favour of the highest bidder.3. The allegations made in both the writ applications reveal that the authorities are leasing, out the aforesaid sand sairat in favour of the present petitioner, who was opposite party No. 5 in both the writ petitions for a paltry sum of Rs. 1,861/- on...
Branch Manager, Oriental Insurance Co. Ltd. Vs. Smt. Sakuntala Chhotra ...
Court: Orissa
Decided on: Jan-09-2004
Reported in: I(2005)ACC558; 2006ACJ870; 97(2004)CLT741; 2004(I)OLR269
A.S. Naidu, J. 1. All these three Letters Patent Appeals arise out of a common judgment dated 15.3.2000 passed by a learned Single Judge of this Court in M. A. No. 821 of 1997 and M. A. No. 646 of .1998.2. Respondent Nos. 1 to 3 in A. H. O. Nos. 64 and 65 of 2000 and the Appellants in A. H. O. No. 121 of 2001 had filed M.A.C.T. Misc. Case No. 431/72 of 1993/91 before the Fourth Motor Accident Claims Tribunal, Puri claiming compensation to a tune of Rs. 6,27,000.00 alleging that deceased Bikram Chhotray and his wife along with two children while proceeding on a motor cycle on 4.9.1999 parked the motor cycle on the left side of the road and proceeded a little ahead to answer call of nature. At that moment the offending bus dashed against the deceased couple causing their death at the spot. A single Claim Case was filed on account of death of two persons. Out of the claimants, claimant No. 1 was the mother of deceased Bikram Chhotray and claimant Nos. 2 and 3 were the minor daughter and s...
Akshaya Kumar Panigrahi Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Jan-09-2004
Reported in: 97(2004)CLT749
P. K.Tripathy, J.1. To understand the case of the parties the admitted inter se relationship is required to be stated. The following genealogy gives that particular which is ascertainable from the facts stated in the impugned judgments : GENEALOGY Madan | -------------------------------- | | Indumati Loka Janai (1st wife) (2nd wife) | | Jogamaya | --------------------------------------------- | | | | Chandrasekhar Sadhu Prafulla Sobhagini | Akshyaya 2. Petitioner is the daughter's son of the common ancestor Madan. The opposite party members are the sons through the 2nd wife. Petitioner claims an equal share with the opposite party members on the properties of Madan on the ground that Madan died in 1967 and his married daughter Sobhagini predeceased him in 1966 and therefore petitioner is a Class - I heir in accordance with the provision in the Hindu Succession Act to succeed to the properties of Madan together with the other Class - I heirs and therefore, the Land Record during the c...
Biju Pattnaik University of Technology and Etc. Vs. Government of Oris ...
Court: Orissa
Decided on: Jan-08-2004
Reported in: AIR2004Ori101; 2004(I)OLR374
P.K. Mohanty, J.1. W. P. (C) No. 10580 of 2003 is by the Biju Patnaik University of Technology challenging the order of the State Government dated 27th September, 2003, copy of which is Annexure-1, in permitting the Private Management Colleges to hold a common entrance test on their own with the supervision of Director, Higher Education for the purpose of admission to the Master of Business Management Course against the vacant seats for the sessions commencing 2003-04 and the examination conducted by the Management Colleges Association and admissions of students to the M.B.A. Course pursuant thereto. W.P. (C) No. 9661 of 2003 is by the Institute of Professional Studies and Research and five other Management Institutes challenging the inaction of the University in not taking necessary steps to fill up the vacancies in M.B.A. course after counselling pursuant to the permission of the Government in their letter dated 27th September, 2003. W.P. (C) No. 11350 of 2003 is by two students alle...
Jibanendra Mohapatra Vs. Smt. Puspita Mohapatra
Court: Orissa
Decided on: Jan-07-2004
Reported in: 2004CriLJ1648; II(2004)DMC403
A.S. Naidu, J.1. The judgment dated 15-2-1992 passed by the learned Judge, Family Court, Cuttack in Criminal Proceeding No. 26 of 1991 is impugned in both the criminal appeals and thus, both the appeals are heard together and disposed of by this common judgment.2. Puspita Mohapatra, appellant in Crl. Appeal No. 112 of 1992 being the wife of Jibanendra Mohapatra, appellant in Crl. Appeal No. 110 of 1992, filed an application under Section 125, Cr.P.C. seeking maintenance of Rs. 500/- per month from her husband-Jibanendra Mohapatra. Admittedly the parties married on 14-7-1986 and led a blissful married life for quite some time. Thereafter, it is alleged, dissensions cropped up and the husband who was serving in Indian Air Force did not bother to look after his wife. According to the wife, the husband was getting salary of Rs. 3,000/- per month and his home-take salary was Rs. 1500/-.The husband appeared in Court and filed an objection taking the plea that he is ready and willing to maint...
The United India Insurance Company Ltd. Vs. M. Mangamma and ors.
Court: Orissa
Decided on: Jan-06-2004
Reported in: III(2004)ACC423; 97(2004)CLT322; [2004(101)FLR1165]
M. Papanna, J. 1. In this appeal under Section 30 of the Workmen's Compensation Act by United India Insurance Company Ltd., Bhubaneswar, judgment of Commissioner for Workmen's Compensation and Joint Labour Commissioner, Jeypore (for short 'the Commissioner') in W.C. Case No. 30 of 1997 awarding a sum of Rs.1,32,822/~ towards compensation in favour of Claimants is called in question.2. Claimants who are Respondents 1 and 2 herein made application to the learned Commissioner claiming compensation on account of death of deceased M. Santosh who died in motor vehicle accident while working as helper in the truck bearing registration No. OR-10-5391 owned by Respondent No. 3 herein.3. On consideration of evidence on record, learned Commissioner adjudicated the Claim application and passed the award as aforesaid.4. Appearing for appellant, learned counsel Shri A. K. Mohanty has contended that appellant is not liable to indemnify the owner of offending vehicle (Respondent No. 3) particularly wh...
The United India Insurance Company Ltd. Vs. S. Laxmi and ors.
Court: Orissa
Decided on: Jan-06-2004
Reported in: III(2004)ACC86; 2005ACJ1888; 97(2004)CLT397
M. Papanna, J. 1. In this appeal under Section 30 of the Workmen's Compensation Act by United India Insurance Company Ltd., Bhubaneswar, judgment, of learned Commissioner for Workmen's Compensation and Joint Labour Commissioner, Jeypore (for short 'the Commissioner') in W.C. Case No. 28 of 1997 awarding a sum of Rs. 2,07,980/- towards compensation in favour of Claimants is called in question.2. Claimants who are respondents 1 to 3 herein made application to the learned Commissioner claiming compensation on account of death of deceased S. Rama Rao who died in motor vehicle accident while working as driver in the truck bearing registration No. OR-10-5391 owned by Respondent No. 4 herein.3. On consideration of evidence on record, learned Commissioner adjudicated claim application and passed the award as aforesaid.4. Learned Counsel Shri A. K. Mohanty, appearing for appellant, has contended that appellant is not liable to indemnify owner of offending vehicle particularly when the said vehi...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- Next ›
- Last »