Orissa Court March 2004 Judgments
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Smt. D. Kundanamma Vs. Grid Corporation of Orissa Ltd. and ors.
Court: Orissa
Decided on: Mar-12-2004
Reported in: 97(2004)CLT705
Pradip Mohanty 1 The petitioner, in this writ application, seeks for a direction to the opposite parties for appointment of her son under the Rehabilitation Assistance Scheme after the death of her husband.2. The case of the petitioner, in short, is that her husband-N. Narayan Swami expired on 14.5.1993 while working as Helper under opposite Party No. 3. After the death of her husband, the petitioner submitted an application to opposite Party No. 3 for employment of her second son- D. Krishnamurty in any suitable post under the Rehabilitation Assistance-Scheme. The application submitted by the petitioner was referred to the District Magistrate for enquiry and to submit a report. The District Magistrate upon enquiry submitted the report stating that income of the family was Rs. 3,000/- per year. But it appears, the application was rejected on the reasoning that one of the sons of the deceased employee is in employment under the Board. This decision of the Board has been assailed in this...
Biswanath Panigrahi and ors. Vs. Sri Sri Sri Jaganath Swami Mohaprabhu ...
Court: Orissa
Decided on: Mar-11-2004
Reported in: 97(2004)CLT645
P.K. Tripathy, J.1. Heard.2. In this writ petition, petitioners challenge to the order passed by the Additional Civil Judge (Junior Division), R. Udayagiri, on 21.2.2002 in Title Suit No. 18 of 1998, by which learned Additional Civil Judge has rejected the prayer for amendment of the written statement.3. As it appears, in the original written statement petitioners advanced the plea that they have title and possession over the disputed case land on the basis of a sale transaction made between them and one Bhikari Paik and that sale transaction took place in the year 1977. That written statement is a duly verified one. Defendants filed application for amendment to change the year of transaction to 1969 and the name of the vender to one Radha Mohan Subudhi. Plaintiff opposes to that prayer for amendment as an after thought of the defendants and also the trial Court finding substance in the objection raised by the plaintiff, rejected the prayer for amendment.4. Learned counsel for the peti...
Jaysankar Agrawal Vs. Collector and anr.
Court: Orissa
Decided on: Mar-11-2004
Reported in: 2004(I)OLR538
ORDERK. Tripathy, J. 1. This writ petition stands disposed of at the stage of admission on consent of learned counsel for both the parties. 2. This writ petition has been filed challenging to the order passed on 15.10.2001 by the Collector, Puri in Misc. Case No. 20 of 2001.3. The fact in dispute is not necessary to be restated here save and except nothing that application for mutation was disposed of by the Tahasildar, Puri vide Mutation Case No. 1092 of 1996 and that was called in question by the opposite party No. 2 by filing Misc. Case No. 20 of 2001. Though the question of jurisdiction was raised by the present petitioner but without considering the same, learned Collector, Puri passed the impugned order and remanded the case for fresh disposal after setting aside order of mutation dated 20.2.2001 passed by the Additional Tahasildar, Puri in the aforesaid Mutation Case No. 1092 of 1996. 4. Learned Counsel for the petitioner states that provision in Survey and Settlement Act, 1958 ...
Smt. Anasuya Pradhan Vs. State of Orissa and 2 ors.
Court: Orissa
Decided on: Mar-10-2004
Reported in: 97(2004)CLT499; 2004(I)OLR411
ORDER1. Heard Mr. Prasanta Kumar Sahoo, learned Counsel for the Petitioner and Mr. D. Das, learned Additional Government Advocate.2. The petitioner is the owner of a Tractor bearing Registration No. OR-19-7411 and Trailer bearing Registration No. OR-19-7412. The said Tractor and Trailer were seized by the Police at Rantali in Angul Town while it was carrying some wooden articles, namely, doors and windows. The petitioner moved the learned S.D.J.M., Angul under Section 457 of the Code of Criminal Procedure for release of the seized articles, but the learned S.D.J.M. passed orders refusing to release the said seized articles in favour of the petitioner. The petitioner moved this Court in CRLMC No. 2488 of 2003 under Section 482 of the Code of Criminaf Procedure, but this Court directed the petitioner to file an application under Section 57 of the Orissa Forest Act for interim release of the vehicle. The petitioner filed an application before the Authorised Officer-cum-D.F.O., Angul Divis...
Chandra Sekhar Pani and ors. Vs. State of Orissa
Court: Orissa
Decided on: Mar-09-2004
Reported in: 97(2004)CLT510; 2004CriLJ2626; 2004(I)OLR389
L. Mohapatra, J.1. All the above cases were taken up together for hearing since they involve same question of law.2. Question of law relates to interpretation of Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter called 'the Rules'). The said Rule provides that an offence committed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called 'the Act') shall be investigated by a police officer not below the rank of Deputy Superintendent of Police. Question raised before this Court is as to whether an offence committed under the Act and investigated by an officer below the rank of D.S.P. is illegal so as to vitiate the trial if the same has not caused any prejudice to the accused.3. Rule 7 of the aforesaid Rules only relates to an offence committed under the aforesaid Act and does not have general application. Section 4 of the Code of Criminal Procedure prescribes that all offences under the...
Pedenti Malana and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-09-2004
Reported in: AIR2004Ori120; 97(2004)CLT607; 2004(I)OLR493
A.S. Naidu, J.1. This is a Second Writ Application filed by the petitioners inter alia challenging fixation of headquarters of Karlakona Grama Panchayat. By Notification dated 20.1.2001, Annexure 3 to the Writ Petition, Government of Orissa in the Panchayati Ra] (G.P.) Department in exercise of the powers-conferred by Section 3, read with Section 149 of the Orissa Grama Panchayat Act,v1964 (hereinafter referred to as 'the Act') constituted a Grama in the name of Karlakona. The said Grama consisted of four villages, namely, Karlakona, Kurumpeta, Gaduaguda and Anguru. In consonance with Sub-section (3) of Section 4 of the Act, village Karlakona was declared as the official headquarters of the Grama Sasan. The said act was challenged by the petitioners and some others before this Court in OJC No. 15713 of 2001. The said Writ Application was disposed of along with several other connected Writ Applications on 10.12.2001. This Court observed :' In some cases, the dispute is with regard to fi...
Sri Manoj Ranjan Nayak and ors. Vs. State of Orissa
Court: Orissa
Decided on: Mar-09-2004
Reported in: 97(2004)CLT753; 2004(I)OLR479
L. Mohapatra, J.1. In this application under Section 482, Cr.P.C. the petitioners pray for quashing the order dated 4.11.2003 passed by the learned S.D.J.M., Bhubaneswar in G.R. Case No. 2610 of 2000 taking cognizance of offences under Sections 419/420/120-B/34 of the Penal Code.2. It appears from the record that one Krushna Chandra Pradhan, Chairman, Admission Sub-Committee-JEE (EM)--2000 lodged a report before the Inspector-in-charge, Kharavela Nagar Police Station alleging therein that a candidate with General Merit Rank No. 2199 came on 12th August, 2000 to the counselling desk. On interrogation, he admitted that he brought Bank Draft for Rs. 25,000/- which was given to him by an unknown person who posed to be his brother. The said candidate further disclosed that the accompanying person had advised him to tell that he is his brother and he would take care of ail other things, if he opts for Computer Science and Engineering (payment seat) in ITER, Bhubaneswar. The said candidate al...
Kalandi Ch. Parida and ors. Vs. State of Orissa
Court: Orissa
Decided on: Mar-09-2004
Reported in: 2004CriLJ3081; 2004(I)OLR462
ORDERL. Mohapatra, J.1. This revision is directed against the order dated 31-10-2003 passed by the learned S.D.J.M., Kamakshyanagar in G. R. case No. 256 of 2003 taking cognizance of offence under Section 302/34 of the Penal Code against the present petitioners.2. One Sudasa Parida, wife of the deceased lodged an F.I.R. on 27-6-2003 alleging therein that she along with her deceased husband had gone to Kundanali Chhak for work. The accused persons were working in their field where there was some altercation between the accused persons and the deceased husband of the informant and the accused persons threatened to kill him. Previous to that incident also two of the accused persons had complained against the informant and her deceased husband before the Panchayat and much prior to the date of occurrence the accused persons had also threatened to kill the deceased husband of the informant. On the date of occurrence the informant had gone to the Panchayat Office and found the same to be loc...
Udayanath Alias Aswini Kumar Sethi Vs. State of Orissa and Three ors.
Court: Orissa
Decided on: Mar-09-2004
Reported in: 2004(I)OLR465
Sujit Barman Roy, C.J. 1. By this Habeas corpus petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing the order dated 6th August, 2003 issued by the District Magistrate, Cuttack under Subsection (2) of Section 3 of the National Security Act, 1980 in respect of his son Sri Titua @ Anirudha Sethi with a view to preventing him from aoting in any manner prejudicial to the maintenance of public order. 2. In exercise of the power conferred upon him under Section 3 of the National Security Act, 1980, the District Magistrate, Cuttack issued an order of detention in respect of the detenu, being the son of the petitioner, with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The impugned order at Annexure-1 to the petition reads as under :- 'Whereas, I Shri Deoranjan Kumar Singh, I.A.S., District Magistrate, Cuttack, have been empowered in Government of Orissa, Home Department Order No. 2926/C dated...
Balaram Singh Vs. Sita Bhoi
Court: Orissa
Decided on: Mar-09-2004
Reported in: 2004(I)OLR473
L. Mohapatra, J. 1. The petitioner in this revision challenges the judgment and order dated 30.3.1999 passed by the Judge, Family Court, Rourkela in Criminal Proceeding No. 100 of 1997 allowing maintenance @ Rs. 350/- per month to the opposite party in a proceeding under Section 125 Cr.P.C. 2. Facts leading to initiation of the case are that the parties belong to 'Saura' caste and marriage between the petitioner and the opposite party took place on 17.11.1995 according to Hindu rituals. It is alleged by the opposite party that two months after marriage the petitioner tortured and assaulted her demanding Rupees ten thousand. Since parents of the opposite party were not able to meet the demand, it is further alleged that she was assaulted on 1.4.1997 by the petitioner by means of a knife. It is further alleged that in January, 1996 the petitioner drove out the opposite party from matrimonial house and since then the opposite party is residing in her parental house. On the basis of the al...
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