Orissa Court September 2004 Judgments
ipisteel Limited and anr. Vs. Central Electricity Supply Company of Or ...
Court: Orissa
Decided on: Sep-30-2004
Reported in: II(2005)BC179; 99(2005)CLT33; [2005]128CompCas113(Orissa)
M.M. Das, J.1. Petitioner No. 1, M/s. IPISTEEL Limited is a Public Limited Company incorporated under the Companies Act, 1956 set up in the year 1983 and it is a Mini Steel Plant in the State of Orissa promoted jointly by the Private Promoters and IPICOL. the opp. party, Central Electricity Supply Company of Orissa Limited (in short 'CESCO') is a Limited Company which is the monopoly licensee for retail supply of electricity in the Central Zone of Orissa and carries on such supply on the strength of the licence granted by the Orissa Electricity Regulatory Commission (in short 'OERC') constituted under the Orissa Electricity Reforms Act, 1995. Petitioner No. 1-Company and Petitioner No. 2 its Managing Director, have approached this Court in the present Writ Application for issue of a Writ in the nature of mandamus commanding the opp. party to implement the revised Rehabilitation Scheme framed/approved by the Board of Industrial Financial Reconstruction (in short 'BIFR') and to implement...
Tag this Judgment!Gouri Meher Vs. Tapisa Meher and ors.
Court: Orissa
Decided on: Sep-30-2004
Reported in: 98(2004)CLT793; I(2005)DMC560
L. Mohapatra, J.1. Defendant No. 3 is the appellant before this Court against the judgment and decree dated 26th August, 1985 and 4th September, 1985 respectively passed by the learned Sub-ordinate Judge, Padampur in Title Suit No. 40/12 of 1981-84.2. The case of the plaintiff-Respondent No. 1 is that one Sridhar had two sons namely, Duguru and Ganthia. Plaintiff is the only daughter of Duguru and Defendants 1 and 2 are the widow and son of Ganthia respectively. After death of Sridhar, both the brothers mutually separated in mess as well as in cultivation even though there was no partition by metes and bounds. The 'Ka' and 'Kha' schedule properties are the ancestral properties inherited by both the brothers and in due course Duguru purchased 'Ga' and 'Gha' schedule properties of his own. It is further case of the plaintiff that Ganthia and after him, his son Defendant No. 2 also purchased lands out of their own income. Duguru died in the year 1980. After death of Duguru, Defendant No. ...
Tag this Judgment!Banamali Pande Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-28-2004
Reported in: 98(2004)CLT792
ORDERSujit Barman Roy, C.J.1. Heard Learned Counsel for the petitioner and the Learned Additional Government Advocate.2. In this Writ Petition the petitioner challenges the order dated 23.7.2004 in Annexure-2 issued by the Collector, Bolangir. By the impugned order, the Collector in exercise of powers conferred upon him under Section 26 of the Orissa Grama Panchayats Act, 1964 disqualified the petitioner to be Sarpanch for having more than two children after 22.4.1994. The order was passed with immediate effect.3. Before passing the impugned order, the Collector by order dated 24.6.2004 intimated the petitioner that the petitioner has more than two children after 22.4.1995 and this fact was disclosed in the enquiry report of the Sub-Collector, Bolangir and so he was disqualified under the provisions of Section 25 of the said Act, Accordingly, the petitioner was called upon to submit and satisfactory explanation within 15 days from the date of receipt of notice. He was also given option...
Tag this Judgment!Bhaba Sagar Panigrahi Vs. State of Orissa
Court: Orissa
Decided on: Sep-28-2004
Reported in: 2005CriLJ778
ORDERM.M. Das, J.1. The petitioner in this Criminal Revision assails the judgment passed in Criminal Appeal No. 14/2 of 1993 by the learned Addl. Sessions Judge, Bolangir confirming the order of conviction and sentence passed by the learned S.D.J.M., Bolangir in 2(c) C.C. No. 75 of 1989/T. R. No. 919 of 1989. The petitioner has been convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') and sentenced to undergo R.I. for six months and to pay a fine of Rs. 1000/- in default to undergo R.I. for further period of one month.2. The prosecution case, in short, is that on receiving a complaint made by one Basanta Kumar Behera and others of Chantipadar, the Food Inspector proceeded to the said place with a peon of the office of the C.D.M.O. Bolangir, namely Antabal Majhi on 13-6-1989 and inspected the alleged shop where the petitioner was present. After revealing his identity to the petitioner and demanding the food licence, ...
Tag this Judgment!Satrughna Sahoo Vs. Sri Kameswar Mahadev, Bije Mundi Deuli and ors.
Court: Orissa
Decided on: Sep-23-2004
Reported in: 98(2004)CLT609
M.M. Das, J. 1 . This writ petition is at its threshold and is heard on the question of admission before issuing notice to the Opp. Parties, as two subtle points of law have been raised by the petitioner which are required to be dealt with elaborately.2. The facts of the case briefly are that the petitioner filed an application under Section 41(1) of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as the 'Act') praying therein to declare the deity, Opp. Party No. 1 as a public deity and the petitioner as its hereditary trustee. The said application filed before the learned Addl. Assistant Commissioner of Endowments, Sambalpur was numbered as O.A. No. 6 of 2000 and by order dated 14.5.2001 the learned Addl. Asst. Commissioner of Endowments declared the Deity-Opp. Party No. 1 as a public deity and also the petitioner as its hereditary trustee.3. One Ranjan Kumar Rout, Opp. Party No. 2 herein, preferred an appeal against the said order of the learned Addl. Asst. C...
Tag this Judgment!The Divisional Manager, New India Assurance Co. Ltd. Vs. Manorama Devi ...
Court: Orissa
Decided on: Sep-22-2004
Reported in: I(2005)ACC174; 2006ACJ1048; 98(2004)CLT618; [2005(104)FLR626]
M.M. Das, J. 1. These two appeals arise out of a common judgment and award passed under the Workmen's Compensation Act, 1923. M.A. No. 555/2002 has been preferred by the Insurance Company and F.A.O No. 128 of 2002 has been preferred by the dependants of the deceased-workman.2. The appellants in F.A.O. No. 128 of 2002 filed an application numbered as WC Case No. 730-D of 2000 as legal heirs/dependants of the deceased late Raj Kishore Singh, who succumbed to the injuries on 12.11.2000 sustained in a motor vehicle accident which occurred on 6.11.2000. It transpires from the facts of the case that on 6.11.2000 at about 10.00 P.M. in the night when the deceased was checking the back wheel of the truck bearing No. OIG 2462 after parking it on the extreme left of the road on National Highway No. 5 near Chhatia, another truck dashed against him and ran over a portion of the body and legs of the deceased. As a consequence he sustained compound fractures of the legs, ribs, waste and other injuri...
Tag this Judgment!The New India Assurance Company Limited Vs. Manasi Samal @ SwaIn and o ...
Court: Orissa
Decided on: Sep-20-2004
Reported in: I(2005)ACC518; 98(2004)CLT797
B.P. Das, J.1. Both these Misc. Appeals arise out of the judgment and award passed by the 2nd. Motor Accidents Claims Tribunal, Cuttack, in Misc. Case No. 239 of 1990. They were, therefore, heard together and are being disposed of by this common judgment.2. By the aforesaid award, the Tribunal has awarded a sum of Rs. 1,13,000/- as compensation along with interest @ 9% per annum from the date of application till realization with cost of Rs. 500/- to the widow, parents and two minor sons of one Pradipta Kishore Swain, who died in a motor vehicular accident on 5.3.1990 involving the truck bearing Registration No ORY4515 and saddled the liability of payment of compensation on the insurer of the offending truck. 3. The insurer has preferred M.A. No. 658 of 1996 challenging the award on the ground that there was no effective Driving Licence of the driver of the offending vehicle and the quantum of compensation fixed by the Tribunal is excessive. The claimants have preferred M.A. No. 75 of 1...
Tag this Judgment!Orissa State Financial Corporation Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-20-2004
Reported in: 99(2005)CLT38
ORDERP.K. Tripathy, J.1. Heard.On consent of both the parties, this Writ Petition is disposed of at the stage of admission.2. This Writ Petition has been filed by the Orissa State Financial Corporation (in short 'the O.S.F.C) represented by its managing Director, seeking a direction to the opposite party members to release the sale proceeds of the confiscated vehicle bearing Registration No. OSP-3795 in discharge of the loan liability of the registered owner of the said vehicle (Truck).3. From the narration of facts in the Writ Petition, it appears that the aforesaid Truck (OSP-3795) was purchased by the owner of the truck on the financial assistance provided by the. OSFC and therefore the vehicle was hypothecated to it. As back as on 15.3.1993. the said truck was seized by the Forest Officials on the allegation of transporting timbers illegally. A proceeding under Section 56 of the Orissa Forest Act, 1972 (in short 'the Act') was accordingly initiated against the registered owner of t...
Tag this Judgment!Durga Prasad Mohapatra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-16-2004
Reported in: 2005CriLJ485
Sujit Barman Roy, C.J.1. By this habeas corpus petition under Article 226 of the Constitution of India, petitioner has prayed for quashing the order No. 511/C dated 24-9-2003 issued by the District Magistrate, Puri under Sub-section (2) of Section 3 of the National Security Act, 1980 for detention of the petitioner so as to prevent him from acting in any manner prejudicial to the maintenance of public order.2. The impugned order of detention is annexed to the petition as Annexure-1 and it reads as under :-'Court of the District Magistrate, Puri Order No. 511/C dated Puri, the 24th September, 2003.Whereas, I Shri Digambar Mohanty, IAS, District Magistrate, Puri has been directed in Government of Orissa Home (Special Section) Department Order No. 2945/C dt. 16-6-2003 to exercise the powers conferred by Sub-section (2) of Section 3 of the National Security Act, 1980.Whereas, I am satisfied that with a view to prevent Sri Durga Prasad Mohapatra alias Papu aged about 33 years, son of Late N...
Tag this Judgment!Bighneswar Patra Vs. the Officer-in-charge, Copying Section Kendrapara ...
Court: Orissa
Decided on: Sep-14-2004
Reported in: 98(2004)CLT734
A.K. Patnaik, J.1. The petitioner-Bighneswar Patra is an accused in Pattamundai P.S. Case No. 107 of 2000 corresponding to G.R. Case No. 718 of 2000 registered under Sections 341/323/295, IPC and Section 3 of the SC and ST. (P.A.) Act, 1989 which was subsequently renumbered as S.T. No. 44/712 of 2003 after commitment. For non-appearance of the petitioner, the learned Additional Sessions Judge, Kendrapara passed an order dated 20.12.2003 issuing NBW against the petitioner fixing the case to 13.1.2004 for his production. Thereafter on 27.7.2004 Shri G. Mohanty, Advocate filed a Vakalatnama in the aforesaid case executed by the petitioner and on 4.8.2004 Shri Mohanty filed a petition under Section 205, Cr.P.C. which was rejected by the Court below. Oh 6.8.2004 Shri G. Mohanty, learned Advocate for the petitioner, filed an application for grant of certified copy of the orders dated 20.12.2003 and 4.8.2004 passed by the Court below which was numbered as CA No. 809 of 2004. But by order date...
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