Orissa Court November 2005 Judgments
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idc of Orissa Limited Vs. Snehadhara Industries Ltd.
Court: Orissa
Decided on: Nov-11-2005
Reported in: AIR2006Ori58; 101(2006)CLT154; [2006]132CompCas875(Orissa); [2007]76SCL464(NULL)
ORDERM.M. Das, J.1. This application has been filed by IDC of Orissa Limited, inter alia, making a prayer to issue a direction to the Debts Recovery Tribunal, Cuttack, not to disburse the sale proceeds of the assets of M/s. Snehadhara Industries Ltd. (in short 'SIL') without releasing the statutory dues which the said company i.e. SIL is liable to pay and for a further direction to the Mining Authorities restraining them from taking any coercive action and from causing hindrance in the mining operation which is being carried on by IDC, on account of non-payment of outstanding statutory dues payable by SIL until disposal of the winding up proceeding.2. A counter affidavit to the said misc. case filed by the IDBI, at whose instance, the Original Application for recovery of its dues from SIL was filed before the DRT, Cuttack.3. Mr. R.K. Rath, Learned Senior Counsel appearing on behalf of the applicant in this Misc. Case contends that SIL was a Joint Venture Company of IDCOL in which IDCOL...
State of Orissa Vs. Santosh Kumar Giri and 10 ors.
Court: Orissa
Decided on: Nov-11-2005
Reported in: 2006(I)OLR168
A.K. Parichha, J.1. This is an appeal by the State under Section 378(1) of the Code of Criminal Procedure for setting aside the order of acquittal passed by the learned JMFC, Baripada acquitting the accused persons (respondents) from the charge under Sections 447, 427, 379, 506, 509/34, IPC in G.R. Case No.594 of 1982/Trial Case No.43 of 1983.2. Prosecution case, in short, is that P.W.9, husband of the informant- P.W. 10 purchased the disputed land from one Guru Charan Ray by means of a registered sale deed on 10.6.1982, took delivery of possession and started construction of a tiled-roof house thereon. On 21.6.1982 at about 9.00 A.M. while going to supervise the work of construction, P.W. 10 found that the respondents-accused persons were breaking the house under construction on the disputed land. She protested to such highhanded action of the respondents, but instead of paying any heed to her protest, respondents rebuked her in obscene and threatening language, destroyed the house an...
Jayendra C. Shah @ Jayendra Ch. Shah Vs. State of Orissa
Court: Orissa
Decided on: Nov-09-2005
Reported in: 2006CriLJ847; 2005(II)OLR737
N. Prusty, J.1. The petitioner has approached this Court challenging the order dated 19.4.2005 passed by the learned Chief Judicial Magistrate, Bolangir in G.R. Case No. 241 of 2003 whereby the contention of the learned defence counsel to discharge the accused/petitioner Jayendra C. Shah @ Jayendra Ch. Shah @ Jayendra Kumar Shah (hereinafter referred to as 'Jayendra Shah') from this case was overruled. The learned Court below refused to discharge the petitioner and found prima facie case against him under Section 409/420 of the, Indian Penal Code. The learned Court also ordered 'charge be framed against the accused thereunder' and the case was accordingly posted to 25.4.2005 for consideration of charge/framing the charge, directing the accused to remain present on that date personally. It would not be out of place to mention here that since the accused was absent on 25.4.2005, a petition for time was moved on his behalf by his counsel on the ground of illness. Considering the submissio...
Bijoy Kumar Panda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-09-2005
Reported in: 2006CriLJ1072
R.N. Biswal, J.1. In this writ application, the petitioner who has been detained by the District Magistrate, Kalahandi under Sub-section (2) of Section 3 of the National Security Act (hereinafter referred as the Act) has sought for his release by issue of a writ of habeas corpus.In the grounds of arrest, th detenu-petitioner is stated to have been involved in four incidents; they being :1. On 30-8-2003 while Dr. Aswini Kumar Kar, Medical Officer, Kalampur PHC along with his medical team was returning from village Temra under Kalampur Block after performing flood duty, on the way, near village Patrabasha the petitioner along with his associates restrained him, abused him in filthy language, constricted his throat and assaulted and threatened him with dire consequence. Basing upon the report of Dr. Kar, Jaipatna P. S. case No. 65 dated 31-8-2005 was registered for the offence under Sections 341/294/323/506/34, I.P.C. against the petitioner and others wherein charge sheet was submitted on...
Smt. Sudhamayee Acharjya and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-08-2005
Reported in: 101(2006)CLT110
M.M. Das, J.1. The petitioners in this Writ Petition who are residents of Nayapalli area in Bhubaneswar Town, have filed the present Writ Petition in the nature of Public Interest Litigation for quashing the lease and subsequent approval of the building plan and grant of permission made in favour of Opp. Party No. 6 for construction of a hotel over Plot No. B/6 corresponding to revenue plot Nos. 1578 (Part), 1603 and 1602 (Part) in Khata No. 1427 in unit XVI, mouza Jayadev Bihar, Bhubaneswar. The petitioners have further sought for issuance of writ of mandamus directing the Opp. Parties 1 to 5 to strictly follow the master plan prepared under the Orissa Development Authorities Act, 1982 (for short 'O.D.A. Act').2. It is the case of the petitioners that the above mentioned land was earmarked for construction of a Bus stop in 1974 master plan and the concerned authorities without adhering to the provisions of the statute governing the field and in violation thereof have permitted the Opp...
Paradeep Phosphates Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-08-2005
Reported in: 2006(II)OLR609
M.M. Das, J. 1. This is an appeal under the Letters Paten'; against the order dated 20.5.2005 passed by the learned Single Judge of this Court in W. P. (C) No. 2884 of 2005 which was filed by the appellant.2. Facts of the case reveal that the lands belonging to the respondents were acquired for establishment of the appellant's Industry at Paradeep in the year 1982. Reference with regard to the compensation payable being made under Section 18 of the Land Acquisition Act, an award was passed in favour of the respondents. Against the said award, First Appeal No. 147 of 1994 was filed by the appellant before this Court which was disposed of on 26.9.2001 directing payment of compensation at the rate of Rs. 16,000/- per acre along with other statutory benefits to the respondents. The said decree for payment of compensation was put to execution in Execution Case No. 1 of 2002 which is pending before the learned Civil Judge (Senior Division), Jagatsinghpur. The appellant after entering appeara...
Krushna Ch. Panda and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-07-2005
Reported in: 101(2006)CLT173; 2006(1)OLR1
ORDER1. Heard Mr. P. K. Rath, learned counsel for the petitioners and Mr. P. K. Mohanty, learned Addl. Government Advocate.2. The petitioners in the present application call in question the order of resumption of lease passed under Section 3-B of the Orissa Government Land Settlement Act, 1962 (hereinafter referred to as 'the Act') by the Tahasildar, Bhubaneswar. The facts of the case reveal that in W.L. Case No. 1781 of 1978 initiated by an application filed by one Lingaraj Rath, after following due, procedure as prescribed under the Act and the Rules framed thereunder, the land bearing Plot No.516/ 1679 under Khata No.489/48 measuring Ac.1,000 was leased out in favour of the said applicant. The name of the said lessee-Lingaraj Rath was recorded in the Record of Right in 'Sthitiban' status. While in possession of the said land, the original lessee-Lingaraj Rath sold a part of the same by a registered sale deed to one Subasini Barei. He also sold another portion of the said land to one...
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