Orissa Court July 2005 Judgments
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Smt. Satyabhama Pradhan Vs. Sidhartha Sahoo
Court: Orissa
Decided on: Jul-20-2005
Reported in: AIR2005Ori177
A.K. Parichha, J.1. Both the appeals having arisen out of an analogous judgment and decree passed by the Judge, Family Court, Cuttack are taken together for disposal by this common order.2. The appellant claiming herself to be the wife of the respondent filed Civil Proceeding No. 472 of 2000 against the respondent before the Judge, Family Court, Cuttack under Section 9 of the Hindu Marriage Act, 1955 (in short, 'the Act') demanding restitution of conjugal rights. The plea of the appellant is that she and the respondent were married at Ram Mandir, Bhubaneswar on 7th February, 2000 and lived as husband and wife thereafter at Cuttack for some months but thereafter the respondent withdrew from society without any reasonable excuse. The respondent entered appearance and filed written statement denying his marriage with the appellant and contending inter alia that the story of marriage depicted by the appellant is an imaginary one and has been designed simply to blackmail him and his family....
Shyam Meher and anr. Vs. State of Orissa
Court: Orissa
Decided on: Jul-20-2005
Reported in: 2005(II)OLR398
N. Prusty, J.1. This revision application has been filed against the order dated 13.5.2005 passed by the learned J.M.F.C., Loisingha in G.R.Case No. 18 of 2005 rejecting the prayer of the petitioners for release of the seized cash (currency notes) under Section 457 of the Code of Criminal Procedure.2. Heard Mr. Choudhury, learned counsel for the petitioners and learned Additional Standing Counsel for the State.3. The learned Trial Court in the impugned order has observed in unequivocal term that 'Though prima facie, it appears that the petitioners are entitled for possession of the cash so seized as those were recovered immediately after it was stolen from the accused persons and their acquisition but the identification of the cash so seized is required in course of trial as submitted by the learned A.P.P. as its release may affect the course of justice at the time of trial.'4. Mr. Choudhury, learned counsel for the petitioners submits that admittedly the cash, which has been seized, w...
D. Suvankar Vs. President, Board of Secondary Education
Court: Orissa
Decided on: Jul-20-2005
Reported in: AIR2005Ori182; 100(2005)CLT456
J. P. Mishra, J.1. The petitioner has sought for a direction to the opp. parties for scrutinizing his examination papers by the same four examiners of the Annual H.S.C. Examination, 2004 to determine his rank in the first ten students as he secured more than the cut-off mark 682 out of 750.2. The petitioner appeared in the H.S.C. Annual Examination in 2004 conducted by the Board of Secondary Education Orissa with the Roll No. 23SA061. The result was published on 25.6.2004 and he was shocked to find out that he secured only 654 marks out of 750. The petitioner ventilated has grievance approaching the opp. party No. 1 on 25.6.2004 and 28.6.2004 mentioning his dissatisfaction of the marks awarded, i.e., 654 as per Annexure-4. The representation of the petitioner was considered by the opp. party No. 1 and the petitioner was awarded 65 marks in SSH (Paper-I) instead of 35. Accordingly, the revised mark sheet was supplied to him on 7.7.2004 raising his total mark to 684 in place 654.3. The o...
Rajkishore Dalai Vs. Kalandi Pradhan and anr.
Court: Orissa
Decided on: Jul-20-2005
Reported in: 100(2005)CLT351
A.K. Parichha, J.1. In this Writ Petition the petitioner has assailed the order dated 23.4.2004 passed by the Learned Addl. District Judge, Nayagarh in Election Misc. Appeal No. 1 of 2004 affirming the order dated 16.1.2004 passed by the Learned Civil Judge (Junior Division), Nayagarh allowing the Election Misc. Case No. 17 of 2002 filed by the present Opp. Party No. 1 declaring the election of the petitioner as Sarpanch of Baghuapalli Grama Panchayat null and void.2. Bereft of unnecessary details the fact leading to the present writ petition is that in the election held for the post of Sarpanch, Baghuapalli Grama Panchayat in the year 2002 the petitioner, Opp. Party No. 1 and others had filed their nomination papers and accordingly contested the election. The petitioner having polled the highest number of votes was declared as elected Sarpanch of the Baghuapalli Grama Panchayat and was allowed to assume the office of Sarpanch. Opp. Party No . 1 who had polled third highest votes filed...
Niranjan Das Vs. Asst. General Manager, Traffic and Raw Material Depar ...
Court: Orissa
Decided on: Jul-15-2005
Reported in: 100(2005)CLT193; [2005(107)FLR716]; (2005)IIILLJ655Ori
M.M. Das, J.1. The Writ Petitioner was an employee under the Opp. Party-Rourkela Steel Plant of Steel Authority of India Ltd. The case of the petitioner is that in order to victimizing and curb his Trade Union activities, the employer with mala fide intention charge sheeted him on 12.8.2000 for commission of certain alleged misconduct of intimidating an officer of the Company within the work premises by exhibiting indecent behaviour etc. An inquiry was conducted to prove the charges leveled against the petitioner which, according to the petitioner, was conducted in a perfunctory and arbitrary manner violating the principles of natural justice. The petitioner alleges that he was not afforded with the opportunity to adduce evidence during the course of inquiry and the Inquiry Officer holding the petitioner guilty of the charges, submitted a report. The disciplinary authority accepting the said report proposed to dismiss the petitioner 'from service and since I.D. Case No. 7 of 1997 relat...
State of Orissa Vs. Sri Rajib Pradhan
Court: Orissa
Decided on: Jul-15-2005
Reported in: 100(2005)CLT255; 2005(II)OLR352
P.K. Tripathy, J.1. Perused the affidavit filed by the Assistant Conservator of Forests, Kalahandi North Forest Division, Bhawanipatna.2. Heard further argument and the Government appeal is disposed of in the following manner.3. Respondent was prosecuted for the offence under Section 27 read with Section 46 (though incorrectly stated to be under Sections 27, 45 and 46) of the Orissa Forest Act, 1972 (in short 'the Act') on the allegation that be illegally cut and removed trees without prior permission and Timber Transit Permit. Prosecution examined three witnesses and out of them P.W. 3 deposed that the accused-respondent was found cutting the trees at the time of spot verification by the police and forest officials and that though the accused showed some papers but the forest officers said that he (accused) would be prosecuted. P.W. 3 also admitted that a complaint case lodged by the brother of the accused was pending against the Forester. Accused, in his defence, has not challenged t...
Pradipta Kumar SwaIn Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-13-2005
Reported in: II(2005)DMC697; 2005(II)OLR277
B.P. Das, J.1. The petitioner has filed this application under Section 482 of the Code of Criminal Procedure with a prayer to quash the proceeding in Criminal Appeal No. 55/1991 pending in the Court of Additional Sessions Judge, Puri arising out of the judgment and order of conviction passed by the Chief Judicial Magistrate, Puri in G.R. Case No. 1396 of 1989 on 10.4.1991.2. The brief facts leading to this application are that opposite party No. 3, who is the wife of the petitioner, filed an F.I.R. against the petitioner and others 5.7.89, basing upon which the aforesaid G.R. Case No. 1396 of 1989 was registered. The petitioner was charged under Sections 498-A and 379 of the Indian Penal Code (in short, 'the I.P.C.) and Section 4 of the Dowry Prohibition Act (in short, the D.P. Act) read with Section 34 of I.P.C. It is worthwhile to mention here that the petitioner was charged along with other co-accused persons and ultimately, the petitioner along with them was convicted by the learne...
Shri Sarangadhar Raiguru Vs. Union of India (Uoi) and 8 ors.
Court: Orissa
Decided on: Jul-13-2005
Reported in: 2005(II)OLR354
1. Heard Mr. Ganeswar Rath, learned counsel for the petitioner and learned Addl. Govt. Advocate.2. This writ petition has been filed against the judgment and order dated 23.02.2000 passed by the Central Administrative Tribunal, Cuttack Bench in O.A.No. 97 of 1995 dismissing the O.A.3. The petitioner was a member of Orissa Police Service vide Order dated 18.06.1982, he was allowed officiating promotion to the rank of IPS and posted as Additional Superintendent of Police (Rural), Cuttack, where he joined on 23.6.1982. When he was denied the D.A. and A.D.A. at the Central rate, he filed a writ petition in this Court registered as O.J.C. No. 1532 of 1986, which was later on transferred to the Central Administrative Tribunal, where the same was numbered as T.A.No. 2 of 1988. While disposing of the said application the Tribunal directed that the petitioner shall be entitled to IPS scale of pay from 23.06.1982 to 7.07.1988. The petitioner was later on sent on deputation to Orissa State Road T...
Madhumita Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-13-2005
Reported in: 100(2005)CLT664
B.P. Das, J.1. This Writ Application has been filed by the petitioner with a prayer to direct the Opp. Parties to allow her to appear at the Orissa Judicial Service Examination, Class II, conducted in pursuance of Advertisement No. 10 of 2003-04 (Annexure-1) and was scheduled to be held on 29.2.2004.2. The facts, as delineated in the Writ Petition, in a nutshell are that the petitioner after completing her school career with English back ground ultimately prosecuted her study in Five Years Integrated Bachelor of Laws under Utkal University. On 17.11.2003 the Opp. Party-Orissa Public Service Commission ('Commission' hereinafter) issued an advertisement being Advertisement No. 10 of 2003-04 under Annexure-1 inviting applications from intending candidates for admission to the competitive examination to be conducted by the Commission for recruitment to the Orissa Judicial Service, Class-II by direct recruitment. The last date for submission of the application in the prescribed form was 15....
Satya Prakash Aggarwal and anr. Vs. S.L. Agrawala and Co.
Court: Orissa
Decided on: Jul-12-2005
Reported in: 2005CriLJ3894
ORDERR.N. Biswas, J.1. The petitioners have filed this case under Section 482 of Cr. P. C. to quash the Criminal Proceeding initiated against them in I. C. C. case No. 150 of 2001 pending before the Court of S. D. J. M., Panposh at Udit Nagar, Rourkela.2. They have been arraigned as accused Nos. 5 and 6 in the aforesaid complaint filed by M/s. S. L. Agrawala & Co., being represented through its Director, Shri Pawan Kumar Agrawal. As per the case of the complainant Company it carries on business of manufacturing Iron and Steel re-rolled products. In usual course of business it sold and supplied raw materials to M/s. Mohatta & Heckel Ltd., accused No. 1, from time to time. In the process the accused Company owed a sum of Rs. 1,06,65,653/- along with interest to the complainant. On 1-10-2001 the accused Company, through one of its Directors, namely Anand Kumar Mohatta (Accused No. 4) issued a cheque of Rs. 1 crore in favour of the complainant drawn on Sector-19, Branch of UCO. Bank, Rourk...
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