Orissa Court March 2005 Judgments
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Hindu Public Represented Through Baikuntha Behera Vs. Sankarsan Das an ...
Court: Orissa
Decided on: Mar-11-2005
Reported in: 100(2005)CLT104; 2005(I)OLR671
L. Mohapatra, J.1. This appeal is directed against judgment and order dated 18.8.1995 passed in F.A. No. 9 of 1985 by the learned Deputy Commissioner of Endowments, Bhubaneswar reversing the judgment and order dated 26.2.1985 passed by the learned Additional Assistant Commissioner of Endowments, Cuttack Zone, Cuttack in O.A. No. 27 of 1983 on an application filed under Section 41 of the Orissa Hindu Religious Endowments Act, 1951.2. Respondent No. 1 was the petitioner before the trial Court. The case of the respondents is that respondent No. 2, Sri Swapneswar Mahadev is the private deity of respondent No. 1 Sankarsan Das and it was installed by the ancestors of respondent No. 1. It was also the case of the respondent No. 1 that the deity was a public endowment and as such, the place of the deity was never visited by general public. The temple was constructed and the deity was installed by the ancestors of respondent No. 1 with about Ac.8.00 of land including the Bijesthali. The ancesto...
Tarachand Sawarmal Modi Vs. Sheo Prakash Muraka
Court: Orissa
Decided on: Mar-10-2005
Reported in: 2005(I)OLR589
ORDERL. Mohapatra, J.1. Heard learned counsel for the petitioner. The opposite party has already entered appearance through counsel. Therefore, no notice is required to be issued.2. Though this matter was listed for admission, on consent of learned counsel for the parties, it is taken up for disposal.3. The order dated 6.12.2004 passed by the learned Civil Judge (Junior Division), Jharsuguda in C.S. No. 16 of 2004 rejecting an application filed under Order 6 Rule 17 C.P.C. is under challenge.It appears from the impugned order that the said petition filed for amendment of the plaint was rejected on the ground that trial of the suit has already started and therefore under the amended provision of the C.P.C. the amendment cannot be allowed. Second ground of rejection is on merit of the case. So far as first ground of rejection is concerned, learned counsel for the petitioner relied upon a decision of the Apex Court in the case of Ameer Trading Corporation Limited v. Shapoorji Data Process...
Nanda Kishore Prasad Sinha Vs. Republic of India
Court: Orissa
Decided on: Mar-09-2005
Reported in: 2005(I)OLR645
R.N. Biswal, J.1. All the three cases being inter-linked and the parties therein being same they are heard together and a common Order is passed hereunder.2. M/s. Jayanta Pharma Agency is the C. & F Agent of M/s. Orissa Drugs and Chemical Limited, Bhubaneswar (hereinafter referred to as 'O.D.C.L.) for whole of Pondichery State. As per the agreement M/s. Jayanta Pharma was entitled to C. & F. Commission of 4% from O.D.C.L. for depot maintenance. As Commission M/s. Jayanta Pharma Agency was to get a sum of about Rs. 32 lakhs from O.D.C.L. to collect the said commission Shri A. K. Kotadia the proprietor of M/s Jayanta Pharma Agency contacted Shri N. K.. Prasad Sinha, the then in-charge M.D. of O.D.C.L. It is alleged that on 6.5.2003 when Shri Kotadia contacted the in-charge M.D. of O.D.C.L. for release of the aforesaid commission, he demanded Rs. 10,000/- for releasing a part of the commission and instructed him to pay the same in his house at V.S.S. Nagar, Bhubaneswar. So, Mr. Kotadia lo...
Tapas Mandal Vs. State of Orissa
Court: Orissa
Decided on: Mar-09-2005
Reported in: 2005CriLJ2488; 2005(I)OLR571
R.N. Biswal, J.1. In this revision the petitioner has challenged the legality, propriety and correctness of the order dated 9.11.2004 passed by the S.D.J.M. (Sadar), Cuttack in G.R. Case No. 184 of 2001 wherein he rejected the petition filed under Section 457 Cr.P.C. on the ground that he has no jurisdiction to entertain the matter. As found from the revision petition and impugned rejection order, the petitioner and five others have been arrayed as accused for the offence under Section 3 of the Electric Supply line-materials (Unlawful Possession) Act, 1988 (hereinafter referred to as the Act) read with Section 34 of I.P.C. in G.R. Case No. 184 of 2001 pending before the S.D.J.M. (Sadar), Cuttack on the allegation that they were found in illegal possession of some bundles of Electric wires. The petitioner claiming to be the owner of the said electric wires filed a petition under Section 457 of the Cr.P.C. for interim release of the same in his favour. The S.D.J.M. (Sadar), Cuttack rejec...
State Vs. Mirza Asraf Alli Baig and ors.
Court: Orissa
Decided on: Mar-09-2005
Reported in: 2005CriLJ2290; 2005(I)OLR495
R.N. Biswal, J.1. Mirza Asraf Alli Baig, his son Saku and five others have been charge sheeted for the offence under Sections 452/302/120-B I.P.C. in S.T. case No. 101/107 of 2004 pending in the Court of Ad-hoc Addl. Sessions Judge, Nayagarh, in connection with the murder of Dr. Mirza Abid Alli Baig, the younger brother of accused Mirza Asraf Ali Baig at Nayagarh town. The State of Orissa through P.P., Puri filed a petition under Section 408 Cr.P.C. with a prayer to transfer the aforesaid sessions case to the Sessions Judge, Puri on the ground that the family members of the deceased left Nayagarh because of threat given by the accused group. Mrs. Almas wife of accused Asraf Alli Baig and her younger son Saku intimidated the persons who intended to take the ancestral house of the deceased on rent. They threatened Sachidananda Pradhan, a shop keeper, who has taken the clinic of the deceased-doctor on rent for business purpose and the witnesses to the murder case with dire consequence. Th...
Nimai Charan SwaIn Vs. Commissioner of Consolidation and ors.
Court: Orissa
Decided on: Mar-09-2005
Reported in: 2005(I)OLR680
A.S. Naidu, J.1. All these four Writ applications involve same facts and points of law and, as such, the same were heard together and are disposed of by this common judgment.2. The petitioner seeks to assail the common order dated 10th September, 1999 passed by the Commissioner of Consolidation, Orissa, Cuttack in Revision Case Nos. 1453, 2028 and 1416 of 1981 and 1062 of 1982. The said Revision Cases were preferred under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the Act'). The dispute relates to lands situated in village Sukarpada under Salipur P.S. in the district of Cuttack. The petitioner, it is asserted, succeeded before the Consolidation Officer, the original authority, and also before Deputy Director of Consolidation, the appellate authority. The orders of the said authorities were assailed before the Commissioner in Revision Cases. The Commissioner set aside the orders of the lower authoriti...
Sagarbala Mallick Vs. District Judge and anr.
Court: Orissa
Decided on: Mar-07-2005
Reported in: 2005(II)OLR59
I.M. Quddusi, J.1. This will writ application has been filed against the impugned order dated 21.8.2004 passed by the District Judge, Kandhamal, Boudh Phulbani by which petitioner was ordered to show-cause to the effect that when her appointment was made after the expiry of one year from the date of publication of the list, i.e., 19.6.2002 why her services may not be terminated on that ground as her appointment was quite illegal.2. The brief facts of the case are that the District Judge, Phulbani by order dated 26.5.2000 (Annexure-1) invited applications from the intending candidates for the recruitment examination for filling up two posts of Junior Stenographers in the judgeship of Kandhamal-Boudh-Phulbani. It was specifically mentioned therein that two posts of Junior Stenographers are lying vacant and two posts would likely to be filled up in the event of opening of Courts of Civil Judge (Junior Division) at Kandhamal and Daringibadi.3. The above mentioned advertisement was made in ...
Smt. Damayanti Dei Vs. Sri Pabitra Mohan Srichandan
Court: Orissa
Decided on: Mar-04-2005
Reported in: AIR2005Ori164; 99(2005)CLT481; II(2005)DMC83
ORDER1. Heard Mr. Dash, Learned Counsel for the appellant, and Mr. Acharya, Learned Counsel for the respondent.2. The Civil Appeal stands disposed of in the following manner:Respondent filed Civil Proceeding No. 186 of 1997 before the Judge, Family Court, Cuttack with the prayer to declare his marriage with the appellant void in accordance with the provision in Section 12(1)(b) of the Hindu Marriage Act, 1955 (in short 'the Act'). Bone of contention of the respondent, in support of that prayer, was that soon after the marriage he could discover that appellant was suffering from epilepsy and that fact was suppressed while negotiating, finalising and performing the marriage and also on the ground that by the date of marriage she was only 17 years old. Admittedly, the marriage was solemnized on 21.05.1983 and the civil proceeding was initiated on 19.07.1997, i.e., to say about 14 years after.3. Appellant contested the case denying to all such allegations. She put forth her defence that sh...
Raghunath Prasad Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-02-2005
Reported in: 2005(I)OLR669
Pradip Mohanty, J.1. In this writ petition, the petitioner challenges the order dated 10.01.2005 (Annexure-1) passed by the Sub-Collector, Panposh, opposite party No. 3, suspending its retail PDS licence.2. The case of the petitioner is that it is a Welfare Association being represented by its President. It was granted retail licence to deal in PDS rice, kerosene, wheat and sugar for Khutagaon, Bagdega and Chitapidi G.Ps. under Nuagaon Block. In the capacity of a retail licensee, the petitioner has been discharging its duty in distribution of the aforesaid PDS commodities sincerely. Opposite party No. 3, all on a sudden, suspended the licence of the petitioner by order under Annexure-1 for which the petitioner has felt aggrieved and approached this Court.3. Mr. Rath, learned counsel for the petitioner, submits that opposite party No. 3 has illegally suspended the retail PDS licence of the petitioner in clear violation of the principle of natural justice. He further submits that no show...
Ch. Krishna Murty and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-01-2005
Reported in: 2005(I)OLR465
Pradip Mohanty, J.1. The petitioners are the members of the public belonging to Hindu community and representing the inhabitants of Rayagada. They also claim to be the devotees of 'Maa Majhi Ghariani Thakurani Bije Rayagada'. In this writ petition they have assailed the illegal and arbitrary action of the opposite parties appointing non-hereditary trustees of the said deity by order dated 13.02.2004 (Annexure-3) and have prayed to accept the recommendation of the Assistant Commissioner of Endowments-opposite party No. 3.2. The facts of the case are that the deity 'Maa Majhi Ghariani Thakurani Bije Rayagada' is an ancient religious institution which was established by the then ruler of Rayagada in 18th century. Subsequently, the deity was managed by the inhabitants of the locality. Since 1968, the deity has been maintained by a non-hereditary trust board constituted by the Orissa Hindu Religious Endowments Department. In due course of time, opposite party No. 3 published a notice on 20....
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