Orissa Court November 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smt. Sunanda Kar Alias Ratha Vs. Sudip Ratha
Court: Orissa
Decided on: Nov-29-2005
Reported in: AIR2006Ori80; I(2006)DMC695; 2006(1)OLR4
L. Mohapatra, J.1. This writ application is directed against the order dated 30th April, 2005 passed by the learned Civil Judge (Senior Division), Puri in M.A.T. No.227 of 2002 allowing an application for amendment of the plant.2. From the impugned order, it appears that the opposite party had initially filed a suit under Section 12 of the Hindu Marriage Act (hereinafter called 'the Act') for annulment of the marriage and the said suit was filed as the parties had not completed one year of marriage. During pendency of the said suit, certain developments took place and after three years of marriage, the present application under Order 6, Rule 17 C.P.C. for amendment of the plaint was filed to bring the suit within the purview of Section 13 of the Act and in order to bring the suit under Section 13 of the said Act, certain developments which are said to have taken place after filing of the suit under Section 12 were also pleaded.3. The petitioner resisted the petition for amendment on th...
Tapas Kumar Sinha Vs. State of Orissa
Court: Orissa
Decided on: Nov-23-2005
Reported in: 2006(1)OLR38
R.N. Biswal, J.This CRLMC arises out of a petition filed under Section 482 of Cr.P.C. seeking quashing of the order dated 11.2.2004 passed by learned S.D.J.M. (S) Cuttack, in G.R. case No. 190 of 2002, arising out of Madhupatna P.S. case No. 30 of 2002, wherein he took cognizance of the offence under Sections 420/418/166/120-B of I.P.C.1. One Prafulla Kumar Lenka lodged a written report on 10.2.2002 before the I.I.C. of Madhupatna Police Station alleging that he applied for a loan of Rs. 8,00,000/- to the Branch Manager, Urban Cooperative Bank, Dolamundai Branch, Cuttack. After sanction of the loan, the Branch Manager Guruprasad Kanungo and the petitioner induced him to sign on some blank forms. When he asked for the cash, the Branch Manager told him to avail overdrawal loan facility to meet his requirements. The informant then acted accordingly and availed overdrawal loan facility of Rs. 1,10,723/-. Subsequently, he learnt from some staff of the said bank that the entire loan amount o...
Sarbeseswar Pradhan and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-23-2005
Reported in: II(2006)DMC167; 2006(1)OLR47
R.N. Biswal, J.1. The CRLMC arises out of a petition filed under Section 482 of Cr.P.C. to quash the proceeding in G.R. case No. 20 of 2003 arising out of Jankia P.S. case No. 6 of 2003 pending before the Court of S.D.J.M., Khurda.2. The petitioner No.1 married Opp. party No.2 on 9.7.1995 in accordance with Hindu rites and their caste custom and led a happy conjugal life for about two years. Out of the wed-lock, they were blessed with a male child. But, as ill luck would have it, the child joined the majority. Thereafter, in course of time, the happy conjugal life ran into rough whether as petitioner No.1 and other petitioners, who are his relatives, started ill-treating opp. party No.2 because of non-fulfilment of their demand of dowry. On 2.1.2003 she was assaulted and forcibly ousted from the matrimonial home. Finding no other way, Opp. party No. 2 lodged an F.I.R. against the petitioners before the O.I.C. of Jankia P.S. which was registered as P.S. Case No. 6 of 2003 under Section ...
B. Dandapani Patro Vs. Bikram Keshari Arukha
Court: Orissa
Decided on: Nov-23-2005
Reported in: AIR2006Ori47
ORDERR.N. Biswal, J.1. The petitioner has filed this ELPET with a prayer to declare the election of the respondent to the Orissa Legislative Assembly, from the single member, Bhanjanagar Constituency No. 66 as void.2. As per the petition, the petitioner was a candidate on behalf of the Congress-I party in the last General election, 2004 for the Orissa Legislative Assembly from the single member, Bhanjanagar Assembly Constituency No. 66 and the respondent who was declared elected was a Biju Janata Dal candidate. There was no other candidate.3. On 28-2-2004 notification was published inviting objection, if any for correction of the existing Electoral Roll prepared for election of the Assembly constituted in January 2000. Another notification was published on 24-3-2004 for holding election to the Orissa Legislative Assembly, fixing the last date for filing of nomination to 3-3-2004. The petitioner and the respondent filed their respective nominations on 29 3-2004 and 31-3-2004 respectivel...
Kamini Das Vs. Upendra Biswal and Five ors.
Court: Orissa
Decided on: Nov-19-2005
Reported in: 101(2006)CLT349; 2006(1)OLR16
P.K. Tripathy, J.1. On consent of the parties, both the writ applications were heard analogously and are disposed of by this common judgment.2. Upendra Biswal, petitioner in W.P. (C) No.1866 of 2004 filed Election Misc. Case No.5 of 2002 in the Court of Civil Judge (Junior Division), Jagatsinghpur challenging to the election of Kamini Das, petitioner in W.P. (C) No.4838 of 2003, as the Sarpanch of Badagaon Grama Panchayat under Balikuda Panchayat Samiti in the district of Jagatsinghpur. For the sake of convenience, hereinafter Upendra Biswal is described as the 'applicant' and Kamini Das as the 'opposite party'.3. The admitted fact amongst the parties is that on 23.02.2002 election was held to the office of the Sarpanch of Badagaon Grama Panchayat. Applicant and the opposite party besides two other candidates figuring as opposite party Nos.4 and 5 in the Election Misc. Case, contested for the said post. Opposite party was declared elected on securing the highest vote. Applicant secured...
Dhaneswar Mallick Vs. Narayan Behera and anr.
Court: Orissa
Decided on: Nov-19-2005
Reported in: 101(2006)CLT330; 2006(I)OLR132
A.K. Parichha, J.1. This writ petition has been filed againstthe judgment dated 3.3.2005 in Election Appeal No. 13 of 2003 passed by the learned District Judge, Puri confirming the order of learned Civil Judge (Jr. Division), Puri in Election Misc. Case No.19 of 2002 declaring the election of the present petitioner as Sarpanch of Badasa Grama Panchayat as invalid2. Petitioner, opp. party No.1 and three other candidates contested the election for the post of Sarpanch of Badasa Grama Panchayat held on 21.1.2002. In the said election the petitioner secured highest number of votes and was declared elected. The present opp. party No. 1 filed Election Misc. Case No. 19 of 2002 before the learned Civil Judge (Jr. Division), Puri challenging the election of the petitioner alleging that the petitioner being the father of four children was disqualified from contesting the election in view of the embargo provided under Section 25(1)(v) of the Orissa Grama Panchayats Act (hereinafter referred to a...
Akrura Nial Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-19-2005
Reported in: 101(2006)CLT245
A.K. Parichha, J. 1. Petitioner was elected to the office of Sarpanch of Tikirapada Gram Panchayat in the month of February, 2002 and assumed the office of Sarpanch of the said Gram Panchayat. While the matter stood thus, 12 out of 14 Ward Members of the said Panchayat sent a requisition to the Sub-Collector, Nuapada to convene a meeting for carrying out a no confidence motion against the petitioner. Basing on the requisition and the proposed resolution, the Sub-Collector issued the impugned notice to the Ward Members and the petitioner-Sarpanch fixing the date of the meeting to 3.8.2004. Petitioner has challenged the legality of the said notice dated 16.7.2004, Annexure-2 in the present writ application, mainly, on the ground that the provision laid down under Section 24 of the Orissa Gram Panchayat Act, in short, 'the Act', is ultra vires the Constitution and that the statutory provision as laid down in Section 24(2)(c) of the Act was not complied with.2. Mr. S. K. Sarangi, Learned C...
Ram Kumar Nag and Etc. Vs. State of Orissa
Court: Orissa
Decided on: Nov-19-2005
Reported in: 2006CriLJ1322
A.K. Parichha, J.1. Both the appeals are taken up for analogous disposal as they arise out of a common judgment passed by learned Addl. Sessions Judge, Titlagarh in S.C. No. 10(5/24 of 1994.2. In S.C. No. 106/24 of 1999 three accused persons, namely, Laxman Panika, Ramesh Kumar Tandi, and Ramkumar Nag were prosecuted under Section 302/34, IPC for committing murder of one Gajendranath Chhuria, Junior Soil Conservation Officer stationed at Kantabanji in the night of 9-5-1994 at his official residence situated in the Soil Conservation campus in furtherance of the common intention.Brief fact of the case, was, that on 9-5-2004 morning the deceased along with his staff went to village Bahabal area for making payment to the labourers, who were engaged in different projects of the Soil Conservation Department. After making payments, he returned to his residence situated inside the Soil Conservation office building at Kantabanji with the remaining cash at about 7.30 to 8.00 p.m. There, after ta...
Omprakash Nangalia Vs. Binod Ku. Goenka and ors.
Court: Orissa
Decided on: Nov-19-2005
Reported in: AIR2006Ori82; 101(2006)CLT393; 2006(1)CTLJ261(Ori)
A.K. Parichha, J.1. The First Appeal arises out of the judgment dated 30.4.2003 and the decree dated 15.5.2003 passed in T.S. No. 262 of 1995 by the 2nd Additional Civil Judge (Sr. Div.), Cuttack dismissing the suit of the plaintiff-appellant.2. Initially, the appellant and his father Gobardhan Das Nangalia were plaintiffs in the above noted suit, but Gobardhan Das Nangila having died during pendency of the suit, plaintiff No. 2 became the sole plaintiff and accordingly is now the sole appellant in this appeal.3. The case of the plaintiffs was that the deceased defendant No. 1, Nanda Kishore Goenka had a row of five shop rooms standing over Schedule 'A' land and in one of the shop rooms, plaintiff No. 1 Gobardhan Das Nangalia, the deceased father of the appellant was a monthly tenant since 1945 paying rent to the landlord. When the matter stood thus, Nanda Kishore Goenka entered into an oral agreement with the appellant and his father on 3.11.1994 to sell those five shop rooms to them ...
Sri Sohar Ranjan Pattnaik Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Nov-18-2005
Reported in: 101(2006)CLT272; 2006(1)OLR33
I.M. Quddusi, J.1. This writ application is directed against the impugned order passed by the Dy. Inspector General (COMNS) confirming the order dated 22.10.2002 passed by the ADIGP. GC. CRPF, Bhubaneswar dismissing the petitioner from service.2. The brief facts of the case are that the petitioner was working as a Head Constable/Radio Operator in Group Centre CRPF under-the administrative control of the Deputy Inspector General (Communication) C.G.O. Complex, Lodhi Road, New Delhi. There was allegation against him that while functioning as Head Constable/ Radio Operator in Group Centre CRPF, Bhubaneswar under the administrative control of Addl. DIGP, G.C., Bhubaneswar, he had committed an act of grave misconduct in his capacity as a member of the Force as per the provisions of Section 11(1) of CRPF Act, 1949. The alleged misconduct was that on 11.8.1999 the petitioner had assaulted a Constable, namely, Gajendra Chatri of G.C., C.R.P.F., Bhubaneswar and had caused grievous injuries on h...
- ‹ Prev
- 2
- 3
- Next ›
- Last »