Orissa Court January 2005 Judgments
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Union of India (Uoi) Through Dy. Chief Engineer (Construction), East C ...
Court: Orissa
Decided on: Jan-25-2005
Reported in: 2005(II)OLR55
ORDERB.P. Das, J.1. Heard Mr. Bijoy Pal, learned Senior Counsel along with Mr. Avijit Pal, learned Counsel for the appellant, and Mr. Sisir Das, learned Additional Government Advocate for the respondents.2. This Leave Petition has been filed under Articles 132, 133 and 134-A of the Constitution of India with a prayer to grant certificate under Article 134-A of the Constitution of India for appeal to the Supreme Court against the judgment passed by this Court in First Appeal No. 69 of 2001 in an application under Section 54 of the Land Acquisition Act reducing market value of the acquired land fixed by the reference Court. This judgment was passed on 1st August, 2002. Now the Railways has filed this petition on the ground that as the land was acquired on its requisition for the benefit of the Railways, the Railways should have been made a party because it is the person interested and also person aggrieved. This petition has been filed about one year and 43 days after passing of the judg...
Basanta Samal and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-24-2005
Reported in: 99(2005)CLT447; II(2005)DMC105; 2005(I)OLR562
I.M. Quddusi, J.1. This application under Section 482 of the Code of Criminal procedure has been filed by the petitioners with a prayer to quash the proceeding in G.R. Case No. 5 of 2003 pending before the Court of Learned JMFC, Pattamundai.2. It appears that on 3.1.2003 an FIR was lodged by Petitioner No. 2 against Petitioner No. 1 which was registered as Rajkanika P.S. Case No. 2 of 2003 for the offences under Sections 498(A), 494, 406, 109 and 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. There are Co-accused as shown in the FIR besides Petitioner No. 1, who are family members of Petitioner No. 1. Consequently, the police has filed the charge-sheet in G.R. Case No. 5 of 2003, which has been registered in the Court of the Learned JMFC, Pattamundai. Thereafter, it appears that a petition for mutual divorce under Section 13(B) of the Hindu Marriage Act was filed before the Judge, Family court, Cuttack by Petitioners No. 1 and 2, who are husband and wife respec...
Sri Prasanta Kumar Das Vs. Republic of India and anr.
Court: Orissa
Decided on: Jan-20-2005
Reported in: 99(2005)CLT273; 2005(I)OLR251
A.K. Patnaik, J.1. This is an application filed under Section 439(2) of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C') for cancellation of the bail granted to Sri Sushant Kumar Mohapatra by Order dated 27.9.2001 passed by the Learned Special C.J.M., CBI, Bhubaneswar under Section 167(2) of the Cr.P.C. in connection with RC No. 3/S/2000-Cal under Sections 120-B, 292, 342, 354, 363, 376 read with Section 511 of the Indian Penal Code (for short 'the IPC').2. The facts briefly are that the petitioner Sri Prasanta Kumar Das filed a writ Petition in OJC No. 13305 of 1999 praying for investigation into the Balasore Sex Scandal case in which it was alleged that a Physical Training Instructor of Balasore was luring young girls from Balasore on false pretence for high officials. The High Court passed orders on 9.5.2000 for investigation by the Central Bureau of Investigation (for short, 'CBI') into the said case and pursuant to the said order passed by the High Court, the CBI regi...
Prasant Kumar Nayak Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-20-2005
Reported in: 2005CriLJ1477
A.K. Patnaik, J.1. The petitioner is a senior member of the Indian Administrative Service (Orissa Cadre) and was posted as the Special Secretary to Chief Minister during 1999. He has filed this writ petition making some prayers in connection with O.J.C. Nos. 9456, 12461 and 13305 of 1999. Hence, this writ petition was taken up for admission along with the hearing of the pending matters relating to the said O.J.C. Nos. 9456, 12461 and 13305 of 1999. We have today delivered final orders in the said O.J.C. Nos. 9456, 12461 and 13305 of 1999. The facts stated in our orders delivered today in the said O.J.C. Nos. 9456, 12461 and 13305 of 1999 are reiterated hereunder.2. During July, 1999 some local dailies reported about a sex racket in which a Physical Training Inspector of Balasore was luring young girls on false pretence for high officials. A letter dated 29-7-1999 relating to the incident was received by the then Acting Chief Justice of this Court from AB (name withheld) and the letter ...
Sri Binayak SwaIn and ors. Vs. Bijaya Kumar Pattanik and ors.
Court: Orissa
Decided on: Jan-20-2005
Reported in: 99(2005)CLT587
ORDERI.M. Quddusi, J.1. Heard Mr. Somadarsan Mohanty, Learned Counsel for the petitioners and the Learned Additional Government Advocate for the State.2. In this Writ Petition, the petitioner has challenged the impugned Order dated 19.11.2003 passed by the Orissa Administrative Tribunal, Bhubaneswar in Contempt Petition (Civil) No. 128 of 2002 by which the Learned Tribunal refused to entertain the contempt petition on the ground that no time limit for compliance of the Order dated 15.1.2002 passed in O.A. No. 1312 of 1996 was fixed by the Tribunal.3. Even though the matter was listed for admission, on consent of the Learned Counsel for the parties, it is taken for final disposal.4. The question before us is that if by an order no time limit for compliance of the same is fixed, whether it is open for the authority concerned to avoid compliance of the same on the ground that no time limit was fixed or as to whether it is incumbent upon the authority concerned to comply with the order wit...
The Divisional Manager, United India Insurance Co. Ltd. Vs. Ketaki Bew ...
Court: Orissa
Decided on: Jan-20-2005
Reported in: II(2005)ACC894; 2006ACJ2615; 99(2005)CLT607
L. Mohapatra, J.1. This appeal is directed against the judgment and Order dated 19.12.2001 passed by the Commissioner for Workmen's Compensation-cum-A.D.M., Nuapada in W.C. Case No. 28 of 2000 directing payment of compensation of Rs. 1,14,366.60 to the claimant-Respondent No. 1.2. The claimant Respondent No. 1 is the widow of the deceased Laxman Barik. The case of the claimant is that her husband was working as a coolie in a Tractor and Trailer having Registration Nos. OR-08-5076 and OR-08-5877 respectively owned by Respondent No. 2. On 6.4.2000 while the deceased along with other labourers were engaged to load and unload fortile soil and to dump in the agricultural filed of Respondent No. 2, the offending Tractor and Trailer jumped heavily on the way near village Tukla due to rash and negligent driving of the said Tractor. In view of the above, the deceased fell down and the back wheel of the Trailer ran over him as a result of which he not only sustained injuries but also succumbed t...
Jogiram Mohapatra and ors. Vs. Sibaram Pradhan and ors.
Court: Orissa
Decided on: Jan-20-2005
Reported in: 2005(I)OLR612
A.S. Naidu, J.1. The judgment dated 29th June, 2004 passed by the Deputy Commissioner of Endowments, Orissa, Bhubaneswar in F.A. No. 2 of 2002, in exercise of the powers conferred upon him under Section 44(1) of the Orissa Hindu Religious Endowments Act, 1951 is assailed in this appeal.2. The appellants as petitioners filed Original Application No. 16/97 under Section 41(1)(i) of the Orissa Hindu Religious Endowments Act before the Court of Addl. Asst. Commissioner of Endowments, Berhampur, inter alia, praying for a declaration that they were the hereditary trustees of the deity Sri Sri Sidheswar Mohadev bije at village Maradakote in the district of Ganjam. According to the petitioners, the said religious institution was founded by the then Raja Saheb of Khallikote more than 160 years back. He had endowed substantial landed properties for carrying out the Seba Puja, Nitikanti and Management of the deity. He engaged the ancestors of the petitioners for performance of the Seba Puja of th...
The Divisional Manager, Oriental Insurance Co. Ltd. Vs. Smt. Rama Sahu ...
Court: Orissa
Decided on: Jan-20-2005
Reported in: III(2005)ACC147; 2006ACJ2083; 2005(I)OLR584
ORDERL. Mohapatra, J.1. This appeal is directed against the judgment/ award dated 28.12.2002 passed by the learned Member, 2nd M.A.C.T. (S.D.), Berhampur in M.A.C. No. 424/2000 (632 of 1999) directing the appellant to pay compensation of Rs. 6,35,000/-with interest at the rate of 8%, per annum from the date of application till realisation.2. In course of hearing of the appeal learned counsel for the appellant raised three issues, namely liability of the insurance company to pay compensation in a case where driving licence of the driver of the offending vehicle is found to be fake, quantum of compensation directed to be paid as well as the rate of interest granted by the Tribunal. After hearing of the learned counsel for both parties for sometime, the Court suggested for a compromise and on instruction learned counsel appearing for both parties agreed upon the quantum of compensation as well as interest to be paid thereon. So far as liability of the insurance company is concerned, learn...
The Divisional Manager, United India Insurance Co. Ltd. Vs. Ghanashyam ...
Court: Orissa
Decided on: Jan-20-2005
Reported in: III(2005)ACC96; 99(2005)CLT675
L. Mohapatra, J.1. This appeal is directed against the Judgment and Order dated 19.12.2001 passed by the Commissioner for Workmen's Compensation-cum-A.D.M., Nuapada in W.C. Case No. 27 of 2000 directing payment of compensation of Rs. 1,30,146/- to the Respondents 1 and 2.2. The claimants-Respondents 1 and 2 are the parents of the deceased. The case of the claimants is that their son was working as a coolie in a Tractor and Trailer having Registration Nos. OR-08-7015 and OR-08-7016 respectively owned by Respondent No. 3. On 25.4.2000 while the deceased along with the labourers were moving in the said Tractor to carry out some work in Colony Para Road, the offending Tractor and Trailer jumped heavily on the way near Colony Para due to rash and negligent driving of the said Tractor. In view of the above jump, the deceased fell down and the back wheel of the Trailer ran over him as a result of which he not only sustained injuries but also succumbed to the injuries.3. The owner of the Tract...
Maheswari Mohapatra and ors. Vs. Mahanadi Coal Field Ltd. and ors.
Court: Orissa
Decided on: Jan-20-2005
Reported in: AIR2005Ori101; 99(2005)CLT731
J.P. Mishra, J.1. This Petitioner No. 1 being a minor student has called in question the Sub-clause (b) of Clause (ii) of Annexure-3 under the heading 'Admission to Std. -XI (Science stream) through her father (petitioner No. 2) as she was thrown out from the zone of consideration for admission to the Higher Secondary Course even though she was otherwise eligible being the student of the same school (O.P. No. 3).2. It is the case of Petitioner No. 1 that Opp. Party No. 3-D.A.V. Public School, MCL, Kalinga Area is wholly financed by Mahanadi Coal Fields Limited (in short 'MCL') providing education from L.K.G. to Class XII. The Petitioner No. 2 being an employee of MCL (his daughter Petitioner No. 1) took admission in the school of Opposite Party No. 3 and passed in 1st Division in the examination conducted by the Central Board of Secondary Education (Annexure-2). After the result was published by the CBSE, she opted to take admission in the same school with the subjects Physics, Chemist...
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