Orissa Court February 2005 Judgments
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Shri Nilachal Tandi and ors. Vs. Tapan Kumar Banerjee and ors.
Court: Orissa
Decided on: Feb-28-2005
Reported in: 2005(I)OLR565
J.P. Mishra, J.1. The petitioners have filed this contempt application on 7.4.2003 with the allegation of violation of the order of this Court dated 11.8.1998 passed in O.J.C. No. 15454 of 1997.2. This is how the contempt application is before us. One Dipak Panda and 61 others filed O.J.C. No. 15454 of 1997 challenging the process of selection of appointment of Group-D post in the Indian Ordnance Factory, Badmal for the post of Danger Building Workers. The process of selection was challenged therein alleging appointment of some candidates by producing false residential certificates and misrepresenting the authorities. The operative portion of the said order dated 11.8.1998 is as follows :'Considering all the aspects of the case and considering the submissions of the learned lawyers of the respective parties, we are of the considered view that generally speaking the selection process does not suffer from any infirmity. If there were fraud and misrepresentation practised by the candidate...
Sri Jayadev SwaIn Vs. Vatsala Raghu and anr.
Court: Orissa
Decided on: Feb-28-2005
Reported in: 2005(I)OLR699
J.P. Mishra, J. 1. Heard learned counsel for the petitioner on applicability of Section 5 of the Limitation Act to the Contempt Proceeding.It is the case of the petitioner that the learned Central Administrative Tribunal (hereinafter referred to as the 'C.A.T.) directed the present opposite parties to reinstate him into service within ten days from the date of receipt of a copy of the judgment and within 30 days therefrom to pay all his emoluments with effect from the date on which the petitioner was put off from duty till the day prior to his reinstatement into service. The said order was passed on 6.5.1994. Due to non-compliance of the opp.parties the petitioner filed O.J.C. No. 14751 of 1998 before this Court as the learned C.A.T. expressed his helplessness to implement his own order. In the writ (O.J.C. No. 14751 of 1998), this Court passed the order on 29.11.2000 directing the opp.parties for complying the order of learned Tribunal forthwith and allow the petitioner to joining his...
Shri Pravash Kumar Sahoo and anr. Vs. Shri S.M. Pattnaik
Court: Orissa
Decided on: Feb-25-2005
Reported in: 99(2005)CLT417
ORDERP.K. Mohanty, J.1. By Order dated 17.11.2004, on agreement of the Learned Counsel for the parties, this contempt application was directed to be finally heard on 24.11.2004, the case was listed on 24.11.2004, but in view of the difficulty expressed by the Learned Advocate General, the case was adjourned to 8.12,2004 for final hearing of the matter.2. When the matter was taken up for hearing, Sri B.K. Mohanty, Learned Advocate Genera! raised a preliminary question with regard to the maintainability of the contempt application and as such, the matter was heard on the question of maintainability.3. It is submitted by the Learned Advocate General that cognizance of contempt upon the petition presented by any other person without the consent in writing of the Advocate General being not maintainable, the petitioner's application for contempt, initiation of the contempt proceeding and the continuance of the proceeding is not maintainable in law and as such, the application is to be dismis...
Tejram Patel Vs. Krutanjali Patel
Court: Orissa
Decided on: Feb-25-2005
Reported in: 2005(I)OLR707
L. Mohapatra, J.1. The aforesaid two writ applications arise out of a common order granting maintenance under Section 24 of the Hindu Marriage Act.2. The petitioner in W.P. (C) No. 8042 of 2004 is the husband of petitioner in W.P. (C) No. 9132 of 2004. The husband filed Title Suit No. 115 of 2001 in the Court of the learned Civil Judge (Sr.Divn.), Sambalpur, praying for dissolution of marriage on the ground that after solemnization of the marriage he was treated with cruelty and also on the ground that the wife was suffering from mental disorder as a result of which it was not possible for them to stay together. Though these are the main grounds on which the suit has been field under Section 13 of the Hindu Marriage Act, other grounds have also been taken in the suit for dissolution of marriage.3. During the pendency of the suit, the wife filed an application under Section 24 of the Act claiming Rs. 9,000/-per month towards interim maintenance and Rs. 10,000/- as litigation expenses. T...
Sachikanta Routray Vs. Pyari Mohan Routray
Court: Orissa
Decided on: Feb-25-2005
Reported in: [2006]68SCL233(NULL)
ORDERA.K. Patnaik, J.1. The relevant facts briefly are that the respondents filed Company Petition No. 62 of 2003 before the Company Law Board ('CLB'), Principal Bench, New Delhi under Sections 397, 398, 403 and 404 of the Companies Act, 1956 ('the Act') alleging mismanagement and oppression of the minority shareholders by the majority shareholder, appellant No. 1, in the affairs of the company Utkal Motors (P.) Ltd., appellant No. 5 in the said Company petition No. 62 of 2003 the respondents also prayed for some interim reliefs in paragraph 51 of the petition. On 2-7-2003, the CLB passed an ex parte order gran ting interim reliefs as prayed in paragraphs 51(i), (ii) and (v) of the company petition. The appellants herein filed their reply before the CLB on 31 -7-2003 and made a prayer before the CLB to recall/ vacate the ad interim ex pane order dated 2-7-2003. Thereafter, the CLB passed orders on 11-9-2003 and 1-10-2003. Aggrieved by the said orders passed by the CLB on 11-9-2003 and ...
Ashif Khan Vs. Prasanta Kumar Das and ors.
Court: Orissa
Decided on: Feb-24-2005
Reported in: 99(2005)CLT534
ORDER1. Heard Learned Counsel for the petitioner.2. In this Writ Petition, the petitioner seeks to challenge the judgment/Order dated 2.11.2004 passed by the Learned District Judge-cum-Tribunal, Dhenkanal, Angul, in Election Petition No. 247 of 2003. The petitioner having lost the election to the seat of Councilor of Ward No. 1 of Talcher Municipality against Opp. Party No. 1, filed election petition before the Learned District Judge-cum-Tribunal, Dhenkanal, Angul, Section 19 of the Orissa Municipal Act (hereinafter referred to as 'the Act') provides that such election petition has to be presented/filed before the Tribunal within 15 days after the day on which the result of the election is announced, Admittedly, the result of the election was declared on 20.9.2003, but the election petition was filed on 27.10.2003. Therefore, the election petition having been filed much beyond the period of limitation of 15 days prescribed under Section 19 of the Act, the Learned Tribunal dismissed the...
S. Jayaswami and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-23-2005
Reported in: 2005(2)ALD(Cri)23; IV(2005)BC469; 99(2005)CLT424; 2005CriLJ2896; 2005(I)OLR384
A.K. Parichha, J.1. This is an application under Section 482 of the Code of Criminal Procedure (in short, 'Cr.P.C.') for quashing the proceedings in G.R. Case No. 896 of 2004 of the Court of Learned S.D.J.M., Puri arising out of Kumbharpada P.S. Case No. 144 of 2004 involving offences under Sections 420/34, IPC and Section 138 of the Negotiable Instruments Act.2. Opp. Party No. 2 lodged an FIR on 29.7.2004 in Kumbharpara Police Station alleging that the petitioners who are Managing Director, and Finance Director respectively of M/s. Smith and Keener Pharmaceuticals Pvt. Ltd., Hyderabad had business transaction with him and in that connection they had issued 12 post-dated cheques, each worth of Rs. 50,000/-, towards repayment of the security deposit. But on presentation in the Bank, those cheques were dishonoured one after the other. Basing on the said FIR, Kumbharpara P.S. Case No. 144 of 2004 was registered under Sections 420/34, IPC and Section 138 of the Negotiable Instrument Act, (...
Smt. Madhavi Patra Vs. State of Orissa
Court: Orissa
Decided on: Feb-23-2005
Reported in: 2005CriLJ2299; 2005(I)OLR518
A. K. Parichha, J.1. One Motor Cycle bearing Registration No. OR-02-R-0173 was seized in connection with Bhubaneswar Mahila Police Station Case No. 34 of 2004 corresponding to S.T. No. 61/439 of 2004 of the Court of learned Addl.Sessions Judge, Fast Track Court-I, Bhubaneswar. The petitioner, who is working as teacher in Government High School, Kapilprasad, Bhubaneswar filed an application under Sections 451 & 457, Cr.P.C. before the said Court for release of the seized Motor Cycle in her favour on the plea that she is the registered owner of that vehicle, that she is not an accused in S.T. No. 61/439 of 2004, that due to the seizure of her motor cycle, she is facing hardship in attending her duty in the School. The prayer was resisted by the prosecution on the ground that the Motor Cycle in question was used by the husband of the petitioner in commission of an offence of rape and for escaping from the scene of crime. It was asserted that although the registration certificate of the Mo...
indra Singh Vs. State of Orissa
Court: Orissa
Decided on: Feb-23-2005
Reported in: 2005CriLJ2297
S. Barman Roy, C.J. 1. None is available for the appellant. This appeal is pending in this Court since 1996. The impugned judgment was passed on 10-5-1996. Even prior thereto, the appellant was in custody. The occurrence in question took place in the dead of night at or about 1.30 A. M. on 23-3-1994. Some time thereafter the appellant was arrested and since then he is languishing in jail. Under the circumstances, we are constrained to take up this appeal for disposal in the absence of the counsel for the appellant.2. We have heard learned Additional Standing Counsel appearing for the State. He has taken us through the evidence on record.3. Prosecution case, in brief, is that on 23-3-1994 at or about 1.50 A. M. P. W. 9 Sadhu Charan Singh lodged an oral information at Lathikata Police Station alleging, inter alia, that the mother of the appellant informed him that the accused appellant was assaulting his wife inside his room and was not opening the door of the room. The informant was cal...
Udayanath Sahoo Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-23-2005
Reported in: II(2005)DMC310; 2005(I)OLR389
A.K. Parichha, J.1. Opp. Party No. 1 claiming herself to be the legally married wife and opp. party No. 2 as the minor daughter of the petitioner filed an application under Section 125, Criminal Procedure Code (in short, 'Cr.P.C.') before the learned S.D.J.M., Phulbani claiming a maintenance of Rs. 600/-per month for opp. party No. 2. In that petition the opp. parties claimed that the marriage of opp. party No. 1 with petitioner was solemnized on 20th of February, 1980 in Cuttack Chandi Temple at Cuttack and opp. party No. 2 was born out of the said wedlock on 27.2.1983. They alleged that the petitioner neglected to maintain them and finally deserted them with effect from 15th June, 1985 and is not paying anything for their maintenance. Opp. Party No. 1 indicated that though she is employed in the Telephone Department, her income is not sufficient to maintain the minor daughter-opp. party No. 2 and so the petitioner, who is the father of opp. party No. 2, should pay maintenance to opp....
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