Orissa Court July 2005 Judgments
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Abdul Gani Ansari and anr. Vs. Addl. District Magistrate and ors.
Court: Orissa
Decided on: Jul-29-2005
Reported in: 2005(II)OLR633
A.S. Naidu, J. 1. A proceeding was initiated under Regulation 2 of 1956 (The Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulations 1956) against the petitioners on the ground that they being non-scheduled caste persons are in forcible occupation of lands belonging to scheduled tribe persons. The Officer-on-special duty (LR), Sundargarh after giving notice to the parties by a reasoned order dated 30.11.2002 passed in Misc. Case No. 3 of 1998 arrived at a conclusion that the petitioners being non-scheduled caste persons are in illegal and forcible possession over the disputed lands and directed their eviction. Being aggrieved by the said order, the petitioners preferred an appeal before the Additional District Magistrate. Sundargarh. The said appeal was registered as R.A. No. 49 of 2002. The appellate authority after considering all the facts and circumstances held that the appeal has no merit and dismissed the said appeal. The aforesaid orders are assai...
The Oriental Fire and General Insurance Co. Ltd. Vs. Shantilata Das an ...
Court: Orissa
Decided on: Jul-26-2005
Reported in: IV(2005)ACC833; 2007ACJ753; 2005(II)OLR442
A.S. Naidu, J. 1. The insurer is the appellant assailing the award of the Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 330/86. In an application Under Section 110-A of the Motor Vehicles Act, 1939 filed by the claimant-respondents 1 to 4 the Tribunal awarded a compensation of Rs. 1,20,000/- in favour of the claimant-respondents 1 to 4 and directed the appellant-insurance Company to pay the same. The appellant challenges the said award mainly taking the stand that the insured, i.e. the owner of the offending vehicle, respondent No. 5, not having paid the premium in time, the insurance policy had been cancelled and the accident having taken place much after such cancellation, the Insurance Company was not liable to pay the compensation. The second stand taken by the appellant was that the vehicle being a passenger vehicle, the liability of the Insurance Company was limited up to Rs. 50.000/- and this aspect was not kept in mind by the Tribunal.2. To appreciate the con...
Krushna Chandra Sahu Vs. Manga Sahu
Court: Orissa
Decided on: Jul-25-2005
Reported in: 2005(II)OLR571
ORDERA.S. Naidu, J. 1. The petitioner was defendant in T.S.No. 13 of 2000 in the Court of the Civil Judge (JD), Gunupur. The said suit was one for declaration of right, title and interest as well as permanent injunction. Notice of the suit was issued to the defendant and the suit was posted to 27.11.2001 for appearance of the defendant. The defendant-petitioner however having not appeared he was set ex parte. On 26.3.2002 he filed a petition under Order 9, Rule 13 of C.P.C. praying to set aside the ex parte order. The said petition was allowed subject to payment of cost of Rs. 50.00. The cost having not been paid he was once again set ex parte. Thereafter another petition was filed by him under Order 9, Rule 13, CPC with Section 151 of CPC to set aside the ex parte order. The said petition was allowed subject to payment of cost of Rs. 200.00. The defendant-petitioner still failed to deposit the said cost for which he was once again set ex parte on 13.8.2003 and an ex parte decree was p...
Shri Batakrushna Nayak Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jul-25-2005
Reported in: 100(2005)CLT713; [2006(108)FLR322]
I.M. Quddusi. J.1. This Writ Petition has been filed against the judgment and order dated 9th February, 2000 passed by the Central Administrative Tribunal, Cuttack Bench dismissing O.A. No. 420 of 1992.2. The brief facts of the case are that while the petitioner was serving as E.D.D.A. at Jaypur Branch Office, a disciplinary proceeding was initiated against him. Consequently, charge-sheet was served upon him in which three charges were levelled, which are as under:'Article-I : That Sri Bata Krishna Nayak while working as EDDA Jaypur EDBO in a/c with Guamal S.O. on 21.9.1988 showed payment of Dasnagar M.O. No. 3379 dated 16.9.1988 for Rs. 200/-p/t Smt. Sandhyarani Samal, At: Mandarmal, P.O. Jeypore on obtaining forged L.T.I. of the payee Smt. Sandhyarani Samal and the bogus signature of Sri Laxmidhar Samal and Sri Anadi Charan Nayak of Mandarmal on the M.O. paid voucher on 21.9.1988 as identifier/witness respectively and thereby committed grave misconduct.Article II: That Sri Batakrishn...
Keshab Charan Sahoo Vs. Mahani Charan Rout and ors.
Court: Orissa
Decided on: Jul-23-2005
Reported in: 2005(II)OLR270
L. Mohapatra, J.1. The petitioner in this writ application calls in question the legality of the orders passed by the authorities under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act (hereinafter called 'the Act').2. The case of the petitioner is that he purchased Ac.0.52 decimals land pertaining to M.S. Plot No. 1488 under M.S. Khata No. 148 and the same has been reflected in the M.S. record of rights published in the year 1982. He has been paying rent to the State Government in respect of the said land and rent receipt for the years 1984, 1989, 1991, 1994, 1996 and 1997 in respect of M. S. Khata No. 148 covering the aforesaid plot have been annexed to the writ application. His grievance is that during consolidation operation as against plot No. 1488 the area has been reflected as Ac.0.45 decimals instead of Ac.0.52 decimals and, therefore, he filed Objection Case No. 1805 of 1992 before the Consolidation Officer for correction of the map on the basis...
M.J. Foods Industries Pvt. Ltd. Vs. Regional Provident Fund Commission ...
Court: Orissa
Decided on: Jul-23-2005
Reported in: IV(2005)BC294; [2005(107)FLR599]; (2006)IILLJ473Ori
L. Mohapatra, J.1. This Writ Application has been filed for a direction to the opposite parties 1 to 3 to allot a fresh provident fund code number and permit the petitioner to deposit provident fund dues of its employees and also direct the opposite parties 1 to 3 to exempt the petitioner from payment of penalty amount found due against Jagannath Biscuits Industries (P) Limited which was in management of the industrial unit prior to the petitioner.2. Case of the petitioner is that the opposite party No. 4 had sanctioned and disbursed a loan of Rs. 1,04,63,876/- in favour of one M/s. Jagannath Biscuits Industries (P) Ltd. in the district of Balasore for establishment of an industrial unit. The said company having failed to pay the dues of the Orissa State Financial Corporation, possession of the same was taken over by the Corporation under Section 29 of the State Financial Corporations Act. Thereafter the industrial unit was put to public auction on 22.12.1998 and the petitioner being t...
State of Orissa and ors. Vs. Larsen and Toubro Ltd.
Court: Orissa
Decided on: Jul-23-2005
Reported in: AIR2005Ori183; 2005(3)ARBLR194(Orissa); 100(2005)CLT336
L. Mohapatra, J.1. This appeal is directed against the judgment dated 19.7.2003 passed by the Learned District Judge, Khurda at Bhubaneswar in Arbitration M.J.C. No. 131 of 2002 dismissing the application filed by the appellants under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act').2. The Government of Orissa entrusted the respondent the work of strengthening and widening of Sambalpur-Rourkela Road (00 Km. to 162.931 Km.) in three packages and the dispute arose in relation to Package No. S4 covered under Contract No. III/92-93/ABD/S4 dated 30.9.1992. The value of the contract was Rs. 41,86,46,497/- and the work was to be completed within 48 months from the date of commencement with a clause for extension of time under certain eventualities. The said agreement contained an arbitration clause vide Clause No. 67.3. The work commenced on 28.10.1992 and as per the terms of the agreement it was required to be completed by 27.10.1996. Extension ...
State of Orissa Vs. S. Appa Rao and ors.
Court: Orissa
Decided on: Jul-23-2005
Reported in: 2005(II)OLR574
A.K. Parichha, J. 1. This is an appeal by the State against the order dated 28th January, 1986 passed by the learned Asst. Sessions Judge, Rayagada acquitting respondent-accused persons from the charges under Sections 366-A/376/379/506/34, I.P.C. in Sessions Case No. 22 of 1985.2. The prosecution allegation in Sessions Case No. 22 of 1985 was that the victim girl boarded the Gunupur-Rayagada bus at Parbatipuram bus-stand in the evening of 10.5.1985 for her journey to village-Ganganabalsa. The respondents who were the driver, helper and conductor of that bus respectively did not allow the victim girl to get down from the bus at Ganganabalsa and took her in the bus to Rayagada against her will. At Rayagada bus-stand also they did not allow her to leave the bus and after all the passengers got down, the respondent No. 2 spread some seat cushions on the floor of the bus, laid down the victim girl on those cushions, removed her clothes and committed sexual intercourse against her will utter...
Mrs. Reeta Mohanty Vs. Antaryami Pattnaik
Court: Orissa
Decided on: Jul-23-2005
Reported in: 101(2006)CLT338; [2006]66SCL49(NULL)
ORDERL. Mohapatra, J.1. Plaintiff is the appellant before this Court against a reversing judgment.2. Though this matter was listed for admission, the contesting respondents entered appearance and prayed for disposal of the appeal at the stage of admission. Accordingly, learned Counsel for the appellant as well as the respondent No. 1 who is the main contesting respondent were heard. Since the matter was argued at length by the learned Counsel appearing for both the parties, I consider it necessary to analyse the case of both the parties in order to find out as to whether or not this second appeal involves any substantial question of law to be decided.3. The appellant had filed the suit for permanent injunction restraining respondent No. 1 from effecting any structural change in the management by allowing any outsider in the company in any capacity whatsoever, from misrepresenting the Court that the defendants 2 to 5, i.e., the financial institutions that the appellant had ceased to be ...
Simanchal Choudhury Vs. State of Orissa
Court: Orissa
Decided on: Jul-20-2005
Reported in: 2005(II)OLR401
M.M. Das, J.1. This revision is directed against the judgment passed by the Courts below convicting and sentencing the petitioner under Section 47(a) of the Bihar and Orissa Excise Act, 1915.2. The prosecution case in brief is that on 4.12.1994 at about 12.30 P.M., the Sub-Inspector of Excise (P.W.2) while on patrol duty conducted a search in a temporary thatched house at Khalasi Sahi, Berhampur, in presence of the independent witnesses, recovered and seized five litres of illicitly distilled liquor in plastic jerry-cane and two glass tumblers and arrested the petitioner. Subsequently, the Sub-Inspector of Excise tested the liquor by litmus paper test and also conducted test by the application of hydrometer to examine the density of the liquid seized and was confirmed that it was illicitly distilled liquor. Accordingly, a prosecution was lodged under Section 47(a) of the Bihar and Orissa Excise Act, 1915. The plea of defence was of total denial. Three witnesses have been examined from ...
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