Orissa Court November 2004 Judgments
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Sri Sanjay Ku. Choudhury and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-03-2004
Reported in: 98(2004)CLT745
J.P. Mishra, J.1. The entire process for appointment of Special Judicial Magistrate under Appointment of Special Judicial Magistrate (Orissa) Rules, 2000 is under challenge by the petitioners in all the above Writ Applications. Since similar questions have been raised in all the applications, this common order shall govern all the four Writ Applications.2. Pursuant to the Notification of Appointment of Special Judicial Magistrate (Orissa) Rules, 2000 in the Orissa Gazette, on 7.9.2000 framed by Orissa High Court under Section 13, Cr. P.C. (under Annexure-1) (henceforth called as Rule), the Registrar (Administration), Orissa High Court, requested the Registrar (Judicial) under Annexure-2 inviting willingness of the candidates for filling up 18 posts of Special Judicial Magistrates in the scale of pay of Rs. 6500.10,500/- in different parts of Orissa who are having requisite qualification under Rule 4(b). All the petitioner applied for post and appeared in the examination. The petitioner...
Ganesh Chandra Kanungo Vs. Hindusthan Steel Works Construction Ltd.
Court: Orissa
Decided on: Nov-03-2004
Reported in: 98(2004)CLT698
L. Mohapatra, J.1. The petitioner, a Super Class contractor, has filed this Writ Application for a direction to the opp. parties to pay Rs. 14,06,969/- on account of escalated labour charges along with interest at the rate of 20% per annum from 8.2.2001 without deduction of 15% overhead charges being a statutory reimbursement and for further direction to the Rourkela Steel Plant to pay the said amount directly to the petitioner.2. Facts leading to filing of this case are that the Rourkela Steel Plant (Opp. Parties 3 and 4) invited tender for construction and maintenance of Northern and Southern side Diversion Channels for Storm Water Drainage of the Rourkela Steel Plant. Pursuant to such tender all notice, the Opp. Party No. 1 which is a Government of India Undertaking submitted its tender. The said Opp. Party No. 1 having been selected for the work, an agreement was executed between the Rourkela Steel Plant and the Opp. Party No, 1. Said agreement was executed vide Contract Bond No. 7...
Suryakanti Patel Vs. Gunanidhi Patel and ors.
Court: Orissa
Decided on: Nov-02-2004
Reported in: 2(2005)CLT79
P.K. Mohanty, J.1. Defendant No. 1 is the appellant in a suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act against the judgment and decree passed by the Learned 1st Addl. District Judge, Bolangir in Title Appeal No. 18/8 of 1982-85 confirming the judgment and decree of the Learned Sub-ordinate Judge, Sonpur in Title Suit No. 4 of 1980 decreeing the plaintiff's suit for restitution of conjugal rights.2. The facts of the case briefly stated are that the Respondent No. 1 filed an application under Section 9 of the Hindu Marriage Act before the Learned Sub-ordinate Judge, Sonpur for restitution of conjugal rights stating inter alia that the Defendant No. 1 the present appellant is the legally married wife of Respondent No. 1, the marriage having been solemnized in the month of Chaitra, 1977 in the house of Respondent No. 1 at village Sukha. Both of them led a happy conjugal life till the month of Aswina, 1978 when Respondent No. 2 took her to his house to ob...
Dharanidhar Panda and anr. and Muralidhar Nath and anr. Vs. State of O ...
Court: Orissa
Decided on: Nov-02-2004
Reported in: I(2005)ACC333; 2006ACJ487; AIR2005Ori36; 98(2004)CLT706
A.K. Patnaik, J.1. On the date of Ganesh Puja on 6.9.1997 at about 4 P.M. two school children, namely, Dhirendra Kumar Panda and Mamata Kumari Nath, while playing with other children in Kelikadamba Primary School at Jasapada, were injured when the pillar of the boundary wall and a portion of the boundary wall of the school collapsed and subsequently died after all attempts to save their life at the SCB Medical College, Cuttack failed. The parents of the two children have filed these two Writ Petitions claiming compensation of Rs. 5 lakhs for the death of their children caused by the negligence of the school authorities.2. Mr. Samir Kumar Mishra, Learned Counsel appearing for the petitioners, submitted that it was the duty of the school authorities to ensure safety of the children studying in the school and since the death has taken place on account of the negligence on the part of the school authorities, the Court should award compensation of Rs. 5 lakhs in favour of the parents of eac...
Sajeeda Begum and ors. Vs. Divisional Railway Manager (Safety), S.E. R ...
Court: Orissa
Decided on: Nov-02-2004
Reported in: II(2005)ACC615; 2006ACJ1494; 98(2004)CLT762
A.K. Parichha, J.1. The petitioners in all the Writ Petitions are individual family members and legal heirs of the persons who died in the tragic accident, which occurred at the unmanned level crossing between Charbatia and Gurudijhatia Railway Stations in the night of 25.6.1997. the deceased Md. Yusuff Ahmad Rahim, an Advocate of Orissa High Court was going in his car bearing Registration No. OR-01-0015 along with his associates, namely, Bijay Kumar Panda, R. N. Ghadei, and Nirmal Mallick, and Advocate Clerk, Devi Prasanna Mishra on 25.6.1997 to attend a marriage ceremony at village Badasamantarapur. Deceased Md. Yusuff Ahmad Rahim was driving that car. Unfortunately, the said car while crossing the unmanned level crossing between Charbatia and Gurudijhatia at 8.55 P.M. was dashed by 210-Puri Talcher Train and all the five occupants of the car died, 3 at the spot and two at the hospital. It is alleged by all the petitioners in their respective Writ Petitions that the accident occurred...
Dhabaleswar Pradhan and ors. Vs. State of Orissa
Court: Orissa
Decided on: Nov-02-2004
Reported in: 98(2004)CLT801
P.K. Tripathy, J.1. This application under Section 482, Cr.P.C. has been filed by the petitioners with the prayer to quash the order of cognizance dated 3.'11.1997 in G.R. Case No. 528 of 1995 of the Court of Sub-divisional Judicial Magistrate, Jajpur. To determine the issues, it is not necessary to refer to the facts involved in the case because the contention of the parties centres round on a legal issue.2. On the basis of the First Information Report, lodged by one Subash Chandra Behera, P.S. Case No. 157 of 1995 was registered for various offences including the offence under Section 307/34, IPC Petitioners are named in the FIR. On completion of investigation, final form was filed enlisting two of the alleged culprits, viz., Hagu @ Prafulla Das and Nandu Ch. Das, as the accused persons. Therefore, charge-sheet was not submitted against the present petitioners. The Investigating Officer reported to the Court of SDJM, Jajpur regarding commission of various other offences including the...
National Highway Authority of India and ors. Vs. Bumihiway Ddb Ltd. (J ...
Court: Orissa
Decided on: Nov-02-2004
Reported in: 2005(1)ARBLR157(Orissa); I(2005)BC486; 99(2005)CLT18
A.S. Naidu, J.1. These two appeals have been filed invoking jurisdiction of this Court under Section 37(1)(a) of the Arbitration and Conciliation. Act, 1996 (hereinafter called 'the Act') assailing the Order dated 2 April, 2004 passed by the District Judge, Ganjam-Gajapati, Berhampur in Arbitration Petition No. 2 of 2004.2. The aforesaid Arbitration Petition was filed by Bumihiway DDB Ltd. (JV) and others under Section 9 of the Act seeking interim protection by way of restraining the National Highway Authority of India and others from entering upon the work-site and/or giving effect to the order of cancellation dated 14th January, 2004 and further restraining the said National Highway Authority from invoking the Bank guarantee(s). The District Judge disposed of the said Arbitration Petition directing as follows :'The opp. parties are hereby restrained from expelling the petitioners from the work site till the dispute between the parties is adjudicated and decided within the framework a...
State of Orissa and anr. Vs. Pratibha Prakash Bhawan
Court: Orissa
Decided on: Nov-02-2004
Reported in: AIR2005Ori58
P.K. Tripathy, J.1. The State of Orissa represented by Collector, Sambalpur and also the Block Development Officer, Naktideul in the district of Sambalpur have preferred this appeal as against the judgment and decree passed against them by the Subordinate Judge, Berhampur (presently Civil Judge, Senior Division), in Money Suit No. 106 of 1977 as per the impugned Judgment passed on 6-9-1980, while plaintiff is the respondent in this appeal.2. Plaintiff as the Manager and Proprietor of Pratibha Prakash Bhawan, a Publisher and Printers and Govt. Order suppliers was holding its business at Berhampur. On 14-3-1974 he received the Order in the district of Sambalpur from defendant No. 2, for supply of Office stationery i.e. some categories of printed forms by transporting the same through Ramdas Motor Transport Ltd., Berhampur and thereafter on 25-8-1974 he submitted the bill i.e. the cost of the printed forms calculating it at Rs. 11,500/-. Instead of making payment, the Defendant No. 2 made...
Sri Bhuban Chandra Bardhan Vs. L.A. Collector
Court: Orissa
Decided on: Nov-02-2004
Reported in: 99(2005)CLT133
P.K. Tripathy, J.1. This appeal under Section 54 of the Land Acquisition Act, 1894 (in short 'the Act') has been filed by the claimant in L.A. Misc. Case No. 95 of 1993 of the Court of Civil kludge (Senior Division), Balasore as against the award passed on 28.9.1994.2. The undisputed fact available from the record is that in Revenue Department Notification No. 19110/R dated 24.4.1991 published in Orissa Gazette (Extraordinary) No. 600, dated 23.5.1991 an area of Ac. 1.339 decimals of land in Mouza Damodarpur within the Balasore Municipal limits was acquired for construction of approach road to the bridge of river Budhabalanga. An area of Ac.0.29 decimals of 'Bagayat' II land of the claimant from Plot No. 480 was acquired by the respondent, in that respect, the respondent assessed the compensation @ rupees two lakhs per acre. The claimant raised objection to such low valuation inter alia on the ground that the adjoining land acquired for the same purpose was valued by the respondent at ...
Jaykrushna Sahoo Vs. Gangadhar Bhanja and ors.
Court: Orissa
Decided on: Nov-02-2004
Reported in: 99(2005)CLT253; 2005(I)OLR13
P.K. Mohanty, J.1. The plaintiff-respondent in the Courts below is the appellant in the present second appeal against the reversing judgment of the Learned Sub-ordinate Judge, Dhenkanal in Title Appeal No. 17/4 of 1983/84 allowing the appeal, setting aside the judgment and decree of the Learned Munsif, Dhenkanal decreeing the plaintiff's suit declaring the right, title, interest and possession of the plaintiff over the suit land and directing the defendants to put the plaintiff in possession of the suit land.2. The short facts bereft of unnecessary details are that the suit land was recorded in the name of the plaintiff's father Adhikari Nayak @ Sahoo in the Record-of-Rights of 1923-24 described as homestead land, which was in possession of his father who was residing there having his residential houses and kitchen garden etc. After the death of his father Adhikari, the plaintiff is in possession of the suit land. The houses and kitchen garden of the defendants are situated on the nort...
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