Orissa Court June 2004 Judgments
Sk. Raheman Vs. Sk. Sirajuddin
Court: Orissa
Decided on: Jun-18-2004
Reported in: AIR2004Ori181; 98(2004)CLT445
P.K. Tripathy, J.1. Following facts which find mentioned in Civil Revision No. 830 of 1988 and the impugned judgment of the learned Additional District Judge, Bhadrak in Misc. Appeal No. 75 of 1999 are not in dispute.2. Petitioner filed OS No. 70 of 1973 in the Court of Subordinate Judge, Bhadrak with the prayer for partition. On 29.1.1974 preliminary decree was passed. On 20.8.1977 final decree was passed. It was directed therein that the disputed property would be allotted to the share of the plaintiff. That decree was put to execution in Execution Case No. 29 of 1978. The defendant-judgment debtor No. 2 i.e., present opposite party filed on objection and claimed benefit of right of pre-emption under Section 4 of the Partition Act on the ground that plaintiff is a stranger to the family and he (Opp. Party) is entitled to the preferential claim under Section 4 of the said Act. Petitioner questioned maintainability of such application in course of the Execution Proceeding. On 26.4.1978...
Tag this Judgment!Jayadev Tripathy @ Panda Vs. Dilip Kumar Panda and ors.
Court: Orissa
Decided on: Jun-18-2004
Reported in: AIR2004Ori194; 98(2004)CLT295
P.K. Tripathy, J.1. Defendant No. 1 of Title Suit No. 48 of 1997 of the Court of Second Additional Subordinate Judge, Cuttack has preferred this appeal under Section 100 of the Code of Civil Procedure, 1908 (in short, 'CPC') as against the reversing judgment passed by the Second Additional District Judge, Cuttack in Title Appeal No. 20/84/53 of 1981/1983/1984. Baikunthanath Panda was the original plaintiff. Dilip Kumar Panda was substituted in his place as his adopted son inasmuch as said Baikuntha died on 27.10.1980, i.e. after the trial Court passed judgment and decree on 30.9.1980. He became the appellant in the Court below and now he is the Respondent No. 1 and the other defendants are Respondent Nos. 2 to 7.2. Plaintiff filed the suit with the prayer to declare the Gift Deed dated 18.12.1973 to be void, illegal and inoperative and to permanently restrain Defendant No. 1 to not to disturb the possession of the plaintiff in respect of the suit land described in Schedule 'B' of the p...
Tag this Judgment!Grid Corporation of Orissa Ltd. Vs. the Aes Corporation and ors.
Court: Orissa
Decided on: Jun-18-2004
Reported in: AIR2004Ori186; 2005(1)ARBLR115(Orissa); 98(2004)CLT304
A.S. Naidu, J.1. The GRID Corporation of Orissa Limited, hereinafter referred to as 'GRIDCO', represented through its Chairman-cum-Managing Director, has filed this Writ petition invoking jurisdiction of this Court under Article 227 of the Constitution of India praying for issuance of a Writ of Certiorari quashing the order dated 8th March, 2002 passed by the District Judge, Khurda at Bhubaneswar rejecting its applications filed under Order 1, Rule 10 and Order 6, Rule 17 of the Code of Civil Procedure in MJC No. 522 of 2001.2. Admittedly MJC No. 522 of 2001 was filed by the present petitioner under Section 9(ii) (d) and (e) of the Arbitration and Conciliation, Act, 1996 in the Court of the District Judge, Khurda for securing and preserving the property in dispute in arbitration by restraining the opposite parties, particularly opposite party No. 1, from selling away or otherwise parting with the shares held by them in the Orissa Power Generation Corporation (for short 'OPGC') though i...
Tag this Judgment!Babaji Charan Sahu and ors. Vs. Rajendra Narayan Dash and ors.
Court: Orissa
Decided on: Jun-18-2004
Reported in: AIR2004Ori160; 98(2004)CLT526
A.S. Naidu, J.1. The legal heirs and successors of the original plaintiff Nityananda Sahu in Title Suit No. 163 of 1969 instituted in the court of the Subordinate Judge, Cuttack have preferred this Letters Patent Appeal being aggrieved by the judgment and decree dated 8th September, 1988 passed by a learned single Judge of this Court in First Appeal No. 188 of 1974.2. The suit was mainly for specific performance of contract with a prayer to direct the defendants to execute the sale deed in respect of the suit property in favour of the plaintiff within the date specified by the Court and to deliver possession of the same as well as for other ancillary reliefs.3. The suit property is a two-storeyed pucca building having fourteen rooms appeartaining to Khata No. 779 and Khata No. 780 measuring Ac. 0.201 decimals comprising of plot No. 2816 having Ac. 0. 157 decimals and plot No. 2819 having an area of Ac. 0.044 decimals, in toto Ac. 0.201 decimals situated at Mouza Patpur, Chowdhury Bazar...
Tag this Judgment!Sandhu Trailers Vs. Orissa Small Industries Corporation Ltd. and anr.
Court: Orissa
Decided on: Jun-18-2004
Reported in: IV(2004)BC60; 98(2004)CLT603
A.S. Naidu, J.1. The petitioner, a partnership firm carrying on transport business, seeks to assail the decision of opposite party No. 1-Corporation to award the work of transportation of industrial raw materials in favour of opposite party No. 2, and prays for commanding the said opposite party No. 1 -Corporation lo award the work in question in its favour.2. Opposite party No. I is a State-owned Corporation. It issued a Notice inviting lenders from recognised and established transport carriers having branches preferably at Cullack, Bhubaneswar, Rourkela, Jatni, Calcutta and other places in the country for transportation of industrial raw materials such as Iron and Steel Materials, Bitumen (only inside the State). Aluminium Ingot, Aluminium Wire Rods, Paraffin Wax, Paper, Mineral Turpentine Oil, Plastics and Newsprint, and such other items dealt/to be dealt by the Corporation. The intending tenderers were required to enclose a Draft/Pay Order for Rs. 2,00,000.00 (two lakhs) to wards e...
Tag this Judgment!Prasanta Kumar Sahoo and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jun-18-2004
Reported in: 2004CriLJ3501
P.K. Tripathy, J.1. Appellants are two out of the three accused persons to face the trial in S.T. Case No. 164 of 2000 in the Court of Assistant Sessions Judge, Athagarh. The 3rd accused then was said to be absconding. Appellants was charged for the offences punishable under Sections 450/366/376/307/34, I.P.C. on the allegation that in the night between 22/23-4-1999, they entered into the residential premises of the prosecutrix (P.W. No. 1) when she was sleeping on the inner varandan of the house by the side of her husband, who is hard of hearing and also having a defective power of speech. Her mouth was gagged, she was lifted and taken to a paddy field belonging to Batu Pradhan and she was ravished by all the three accused persons one after the other. It is also alleged that she was over-powered by the two accomplices when the 3rd person (accused) committed rape and that arrangement on rotation went on till all the three accused persons committed rape on her. After committing rape the...
Tag this Judgment!Gallop Granites Ltd. and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-18-2004
Reported in: AIR2004Ori165
A.S. Naidu, J.1. The petitioner No. 1-Company, a lessee in respect of a quarry for 'decorative stones' in the district of Bolangir, inter alia, seeks to assail the order dated 1st August, 2001 rejecting the appeal filed by the petitioner against cancellation of quarry lease in respect of 6.799 hectors and 13.193 hectors in village Gandhargola granted vide lease quarry case Nos. 140 and 141 by the State of Orissa, Petitioner No. 2 is the Power of Attorney holder of petitioner No. 1-Company.2. The dispute has a chequered career as would be evident from the facts stated below:On the basis of an application made by the petitioner-company (hereinafter referred to as 'the petitioner') in the prescribed form in consonance with the provisions of the Orissa Minor Minerals Concession Rules, 1990 (hereinafter referred to as 'Concession Rules') a quarry lease over 6.799 hectors and 13.193 hectors in village Gandhargola under Titilagarh Tahasil in the district of Bolangir for extraction of decorati...
Tag this Judgment!The National Insurance Co. Ltd. Vs. Smt. Gini Sahu and ors.
Court: Orissa
Decided on: Jun-18-2004
Reported in: 2006ACJ989; 98(2004)CLT648
P.K. Mohanty, J. 1. This is an appeal under Section 173(1) of the Motor Vehicles Act by the Insurer M/s. National Insurance Company Ltd. against the judgment and award of the Second Motor Accident Claims Tribunal (Northern Division), Sambalpur awarding a compensation of Rs. 72,000/-along with interest @ 10% per annum to be paid by the appellant insurer.2. The respondents 1 and 2 are the claimants in the Tribunal below for award of compensation for death of Late Dusasan Sahoo, husband of Respondent No. 1 and the father of Respondent No. 2 caused due to the accident which occurred on 4.5.1993, while the deceased was a passenger along with others in the Trekker bearing No. OR 05 6262 belonging to Respondent No. 3 and insured with the appellant. Shortly stated, deceased Dusasan Sahoo along with others, while proceeding towards village Dankidi under Balini PS from Village-Tukura in the offending Trekker, and while reaching near Baishnab Bandra, Dudulakote, turning due to the rash and neglig...
Tag this Judgment!Lokanath Bhoi Vs. Gaya Prasad Bhoi and Two ors.
Court: Orissa
Decided on: Jun-17-2004
Reported in: AIR2004Ori176; 98(2004)CLT328
P.K. Tripathy, J.1. This Civil Revision has been filed challenging to the order passed by the District Judge, Sambalpur in Misc. Appeal No. 40 of 2000. The opposite party Nos. 1 and 2 filed Misc. Succession Case No. 60 of 1994 under Section 383 of the Indian Succession Act, 1925 (in short, 'the Succession Act') for revocation of the succession certificate granted by the Civil Judge (Senior Division), Sambalpur in Misc. Case No. 25 of 1993. That succession certificate was granted in favour of the present petitioner. After considering the contention of the parties, learned Civil Judge, as per the order passed by him on 28.11.2000, dismissed the application for revocation of the succession certificate. As against that, opposite party Nos. 1 and 2 preferred Misc. Appeal No. 40 of 2000. On 17.4.2001, learned District Judge allowed that appeal and consequentially revoked the succession certificate granted in Misc. Case No. 25 of 1993 with a direction to grant the succession certificate in fa...
Tag this Judgment!Premananda Panda Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jun-17-2004
Reported in: 2004CriLJ3642
ORDERP.K. Tripathy, J.1. Petitioner is the accused in G. R. Case No. 15 of 1995 pending in the Court of Special Judge (Vigilance), Berhampur, for the offences under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act. He has filed this application under Section 482, Cr. P. C. to quash the order passed by the Special Judge on 10-5-2002 directing for attachment of the fixed deposit in the name of the accused and his family members to the tune of Rs. 36,00,000/- (thirty six lakhs) and making it as first chance in favour of the Income Tax Department for realisation of the arrear tax dues.2. Grievance of the petitioner is that he is facing the aforesaid criminal prosecution on the allegation of disproportionate assets. The trial is in progress. The Income Tax Department, on the basis of determination of such disproportionate assets by the Vigilance Department, made assessment of the properties of the petitioner to the tune of Rs. 1,03,44,354/- (one crore three lakhs...
Tag this Judgment!- ‹ Prev
- 1
- 3
- Next ›
- Last »