Orissa Court April 2005 Judgments
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Youth Club Vs. Premalata Kumari Devi and ors.
Court: Orissa
Decided on: Apr-06-2005
Reported in: AIR2005Ori190; 99(2005)CLT764; 2005(I)OLR558
A.S. Naidu, J.1. The ambit of Order 21, Rule 29 of the Code of Civil Procedure is the question to be determined in this Writ Petition. For proper appreciation, Order 21, Rule 29 is quoted herein-below :'29. Stay of execution pending suit between decree-holder and judgment-debtor.Where a suit is pending in any Court against the holder of a decree of such Court or of a decree which is being executed by such Court, on the part of the person against whom the decree was passed, the Court may, on such terms as to security or otherwise, as t thinks fit, stay execution of the decree until the pending suit has been decided :Provided that if the decree is one for payment of money, the Court shall, if it grants stay without requiring security, record its reasons for so doing.'A reading of the above provision would show that discretion has been given to the executing Court to grant stay of execution if a suit is pending between the decree-holder and judgment-debtor in the same Court. The question ...
Jagatsinghpur Sugarcane Growers, Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Apr-06-2005
Reported in: AIR2005Ori150; 99(2005)CLT617
L. Mohapatra, J.1. Sugarcane growers of different places have filed the aforesaid Writ Applications for a declaration that Para-C of Sub-clause (1) of Clause 6 of the Sugarcane (Control) Order, 1966 is violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India and also for a declaration that the order in Annexure-1 and letter in Annexure'-2 are ultra vires of the provisions of Articles 14, 19(1)(g) and 300-A of the Constitution of India and also for issuance of a Writ permitting the petitioners to harvest and sell their sugarcane to any sugar factory of their choice.2. That the time of argument Shri Sanjit Mohanty, Learned Senior Counsel appearing for the petitioners in all the four Writ Applications submitted that the petitioners do not press Prayer Nos. 1 and 2 and only seek for the direction from the Court permitting the sugarcane growers to harvest and sell to any sugar factory of their choice without any restriction being put under the provisions of Clause 6 of Suga...
Debendra Jha Vs. Smt. Minakshi Das
Court: Orissa
Decided on: Apr-06-2005
Reported in: AIR2005Ori172; 2005(II)OLR5
L. Mohapatra, J.1. This writ application is directed against the order dated 15.11.2004 passed by the learned Additional District Judge, Fast Tract Court No. III, Bhubaneswar in F.A.O. No. 23/149 of 2004 allowing the appeal and setting aside the order dated 7.10.2004 passed by the learned Civil Judge (Junior Division), Bhubaneswar in I.A. 425 of 2004 directing the defendant-opposite party to restore electricity and water supply to the suit premises and for further restraining the defendant-opposite party from evicting the plaintiff-petitioner from the suit premises during pendency of the suit.2. The case of the plaintiff-petitioner is that he was inducted as a monthly tenant in the suit house in April, 1995 by one Ratnamani Dash, who happens to be the mother-in-law of the defendant-opposite party. The plaintiff-petitioner was paying monthly rent of Rs. 2,500/- including electricity and water charges and after death of Ratnamani Dash, the defendant-opposite party was receiving house ren...
Sri Subash Chandra Rath Vs. Sri Narayan Mishra
Court: Orissa
Decided on: Apr-06-2005
Reported in: 2005(II)OLR497
ORDER1. Heard learned counsel for the parties.2. The petitioner alleges violation of the order of this Court dated 26.8.2002 passed in O.J.C.No. 9794 of 2000. The operative portion of the order reads thus :'We, therefore, dispose of this writ petition with the direction that the petitioners be paid their salary components and arrear salary payable by the Governing Body of the College. Such salary components payable by the Governing Body of the college towards current salary will be paid forthwith and the arrear salary payable by the Governing Body of the College will be paid within six months from the date of receipt of a certified copy of this order by the Principal-cum-Secretary of the Governing Body of the Colege. The new Governing Body of the College will be approved by the Director of Higher Education, Orissa, within a period of two months from such approval, the new Governing Body will send the proposal for approval and grant-in-aid in respect of the petitioners to the Director o...
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