Orissa Court January 2005 Judgments
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Miss Pravabati Rout Vs. Kendrapara Municipality and ors.
Court: Orissa
Decided on: Jan-28-2005
Reported in: 99(2005)CLT583; 2005(2)ESC1305; 2005(I)OLR379
Pradip Mohanty, J.1. In this Writ Petition, the petitioner seeks for a direction to the opposite parties to regularize her service as an Assistant Teacher in a Primary School under Kendrapara Municipality, to pay her salary and other allowances equal to that of her counterparts in the permanent establishment and also to pay the arrear dues.2. The case of the petitioner in a nutshell is that she was appointed as an Assistant Teacher in Kendrapara Municipality for a period of 44 days with a consolidated pay of Rs. 500/- per month on 8.10.1993 by the Executive Officer, Kendrapara Municipality. The ad hoc appointment of the petitioner was extended from time to time. On 25.8.1994, the Executive Officer issued a letter vide Annexure-8 extending her service until further orders with one day break on completion of each 44 days. Since then, she is continuing in service in Madhyakhandi Primary School, but her service has not yet been regularized.3. Opposite Parties 1 and 2 in their counter affid...
Urmila Das Vs. State of Orissa
Court: Orissa
Decided on: Jan-28-2005
Reported in: 2005(I)OLR268
ORDERA.K. Samantray, J.1. Heard learned counsel for the petitioner as well as the learned Addl.Government Advocate.2. This application Under Section 482, Cr.P.C. has been filed for release of a LML Freedom Motor cycle bearing registration No. OR-05-Q-4062 which was seized by the OIC, Niali Police Station in connection with Niali P.S. Case No. 115 of 2004 corresponding to G.R. Case No. 791 of 2004 pending in the Court of J.M.F.C. (R), Cuttack. This matter was heard twice earlier and after production of Case Diary it is found that one of the accused namely Akshya Das involved in the case for the offence under Sections 302, 364, 201, 120-B/34, IPC was riding the motor cycle earlier and for that by the impugned order dated 1.11.2004. learned Magistrate before whom a petition Under Section 457, CrPC was filed for release of the said motor cycle in favour of the petitioner who is the owner of the motor cycle the learned Magistrate on the ground that the motor cycle may be required for the pu...
Dr. Rabindra Nath Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Jan-28-2005
Reported in: 2005CriLJ2989; 2005(I)OLR628
ORDERI.M. Quddusi, J.1. Heard Shri H. S. Mishra, appearing for Shri T.K. Sahoo, Advocate engaged by the petitioner, Shri Sibani Sankar Pradhan, learned counsel for the complainant and the learned Additional Government Advocate.2. This petition has been filed by the petitioner with the prayers that he may be granted anticipatory bail in Bhubaneswar Mahila P.S. Case No. 125 of 2004 dated 17.12.2004 corresponding to G.R. Case No. 4151 of 2004 pending in the Court of the learned S.D.J.M., Bhubaneswar with any terms and conditions considered to be fit and proper. Further, he has made two alternative prayers; (1) to grant him three months interim bail to enable him to move the Courts below as well as before this Court in the light of the judgment laid down by the Apex Court as well as by this Court or (2) this Court may direct the S.D.J.M., Bhubaneswar to release the petitioner on bail on his surrender in the above mentioned case.3. In fact this petition has been registered as BLAPL i.e. ant...
Sundargarh Shramik Sangh Vs. the Industrial Finance Corporation of Ind ...
Court: Orissa
Decided on: Jan-28-2005
Reported in: 2005(II)OLR366
L. Mohapatra, J.1. This writ application is directed against the order dated 8.7.2002 passed by the learned Civil Judge (Senior Division), Bonai in Title Suit No. 10 of 2001 allowing the application filed by the opposite party No. 1 under Order 1, Rule 10 read with Section 151 of the C.P.C. for being impleaded as party to the suit, as well as the judgment and order dated 11.2.2003 of the learned District Judge, Sundargarh in Civil Revision Petition No. 1 of 2002 confirming the order passed by the learned Civil Judge.2. This Court by order dated 10.4.2003 had issued notice of admission. Though the matter was listed for admission, on consent of learned counsel for the parties, the same was taken up for hearing.3. The plaintiff-petitioner filed the suit praying for a declaration that the order dated 10.6.1998 passed by the defendant No. 1 is null and void and for permanently restraining the defendants from taking any action without following the due process of law. From the record it furt...
Pramod Kumar Sahoo Vs. Maguni Sahoo Bidi Merchant and anr.
Court: Orissa
Decided on: Jan-27-2005
Reported in: 2005(I)OLR396
A.S. Naidu, J.1. In both these cases, i.e. W.P. (C) No. 11714 of 2004 and FAO No. 385 of 2004, the same order dated 16.10.2004 passed by the learned District Judge, Cuttack in CMA No. 132 of 2004 filed under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure arising out of Original Suit No. 2 of 2004 is challenged. The facts and points of law being common in both the causes, both the matters were heard together and are being disposed of by this common Judgment.2. Bereft of unnecessary details, the short facts necessary for appreciating the inter se disputes between the parties are that in the year 1975 one Maguni Sahoo (since deceased) had started a hand-made 'Bidi* factory at Baideswar in the district of Cuttack in the name and style of 'MAGUNI BIDI'. Arakshita Sahoo, father of Maguni had two sons, namely, Maguni and Krushna Chandra. Krushna Chandra was born deaf and dumb and he died issueless. One Madhusudan Mohapatra and the present Writ Petitioner/Appellan...
Grid Corporation of Orissa Ltd. Vs. Aes Corporation and ors.
Court: Orissa
Decided on: Jan-27-2005
Reported in: [2006]134CompCas305(Orissa)
A.S. Naidu, J.1. Being aggrieved by the order dated March 8, 2002, passed by the District Judge, Khurda, Bhubaneswar, in Arbitration MJC No. 522 of 2001, which was one under Section 9(ii) (d) and (e) of the Arbitration and Conciliation Act, 1996, the appellant has approached this Court under Section 37(a) of the said Act. The appellant assails the common order passed by the District Judge rejecting its petitions filed under Order 1, rule 10(2) and under Order 6, Rule 17 of the Code of Civil Procedure declining to implead (1) Orissa Power Generation Corporation (for short 'OPGC'); (2) AES, OPGC Holding, Mauritius ; and (3) AES (India) P. Ltd., as opposite parties in the aforesaid MJC, as well as for consequential amendment of the pleadings.2. It is pertinent to mention here that the District Judge by a common order which is impugned in this appeal has rejected the aforesaid petitions under Order 1, Rule 10(2) and under Order 6, Rule 17 of the CPC while dismissing the MJC itself.3. The a...
Bubana Nayak Alias Biswajit Siromani Vs. State of Orissa
Court: Orissa
Decided on: Jan-25-2005
Reported in: 2005CriLJ2524; 2005(I)OLR553
ORDERI.M. Quddusi, J.1. Heard learned counsel for the petitioner and the learned Addl. Government Advocate.2. In this case the petitioner has challenged the registration of a subsequent case on the First Information Report lodged relating to an incident for which earlier a First Information Report was already lodged.3. The brief facts of the case are that a First Information Report was lodged on 24.4.2003 at Khandapara Police Station which was registered as First Information Report No. 47 of 2003 under Sections 448/294/323, I.P.C. corresponding to G.R. Case No. 77 of 2003 pending in the Court of J.M.F.C., Khandapara. Thereafter a charge-sheet was submitted by the Investigating Officer and the learned Magistrate has taken cognizance thereon vide Order dated 16.5.2003 for the offences punishable under Sections 448/294/323, I.P.C. After lodging the First Information Report dated 24.4.2003, the complainant lodged another First Information Report of the same incident, which was registered a...
Pragyandipta Panda and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-25-2005
Reported in: II(2005)DMC76; 2005(I)OLR490
I. M. Quddusi, J.1. This application under Section 482 of Code of Criminal Procedure has been filed by the petitioner with a prayer to quash the proceeding in G.R. Case No. 2179 of 2001 pending before the Court of learned Subdivisional Judicial Magistrate, Bhubaneswar for the offences punishable under Sections 498-A/313/406/34 I.P.C..2. The opposite party No. 2 is the wife of the petitioner No. 1. Both of them filed an application under Section 13-B of the Hindu Marriage Act, 1955 for a decree of mutual divorce before the Judge, Family Court, Cuttack which was registered as Civil Proceeding No. 505 of 2004. In that petition one of the conditions as mentioned in paragraph-10 thereof is that it is further decided that a Demand Draft of Rs. 1,75,000.00 in the name of the wife will be deposited in the Family Court in that case by the husband. Thereafter a date will be fixed for consideration of the application for decree of mutual divorce and in the meantime both the parties will take appr...
Hada Naik and ors. Vs. Abhaya Naik
Court: Orissa
Decided on: Jan-25-2005
Reported in: 2005CriLJ2274; 2005(I)OLR623
I.M. Quddusi, J.1. No one appears for the opposite party in spite of service of notice on him.2. By means of this petition filed Under Section 482, Cr.P.C., petitioner has prayed for quashing of the impugned order dated 5.7.2004 passed by the learned S.D.J.M., Dhenkanal in I.C.C. No. 95 of 2004 and also for quashing processes issued against the petitioners.3. The brief fact of the case are that the complaint was filed before the learned S.D.J.M., Dhenkanal by the opposite party against the petitioners on the allegation that :-(a) the petitioner is a poor Harijan and having no landed property of his own resides with his family by constructing a residential house over one Govt. Plot like other co-villagers since last 10 years. Whereas the accused persons are also residing in the same village on Govt. Land which is situated just after one house from that of complainant.(b) the accused persons are goonda, rowdy and antisocial in nature and seriously threatening the complainant to leave the...
Sri Prasanta Kumar Jena Vs. Choudhury Purna Ch. Das Adhikari
Court: Orissa
Decided on: Jan-25-2005
Reported in: 99(2005)CLT720
ORDERL. Mohapatra, J.1. Heard Learned Counsel for the petitioner. This Writ Application is directed against the Order dated 11.2.2004 passed by the Learned District Judge, Balasore in C.R. No. 48 of 2002 as well as the Order dated 17.4.2002 passed by the Learned Additional Civil Judge (Senior Division), Balasore in T.S. No. 306 of 1990-I rejecting the Application for appointment of Civil Court Commissioner.2. I have perused the orders of the Trial Court as well as the Revisional Court. Learned Counsel for the petitioner submits that evidence from both sides has not been closed as yet. I am, therefore, of the view that the application under Order 26, Rule 9, CPC could be considered only after closure of evidence when Court finds it difficult to pass an effective decree on the existing evidence. It is, therefore, directed that after closure of evidence from both sides, it will be open for the petitioner to file another application, if necessary, and such application shall be considered o...
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