Orissa Court July 2005 Judgments
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Dukhishyam Panda Vs. Land Reform Commissioner and ors.
Court: Orissa
Decided on: Jul-12-2005
Reported in: 2005(II)OLR694
A.S. Naidu, J. 1. The dispute in the present Writ Petition arises out of the proceedings under Sections 22 and 23 of the Orissa Land Reforms Act (for short OLR Act). The lands involved appertaining to Darpatadar Khata No. 38, Plot No. 1939 measuring Ac. 0.19 decs, and are situated, in Cuttack Town Unit No. 12 (Sutahat). The same are homestead lands and the house standing thereon is assigned Holding No. 200 by the then Cuttack Municipality. Opposite party No. 5, it is alleged, executed an agreement for Decided on 12th July, 2005. sale of the property in favour of the petitioner for a consideration money of Rs. 1,00,000/ -(Rupees one lakh). In consonance with the said agreement, it is further alleged, possession of the land along with the house was handed over to the petitioner in the year 1999. In the year 2000, however, opposite party Nos. 5 and 6 filed an application U/Ss.22 and 23 of the OLR Act, 1960 before the Sub-Collector, Cuttack (Sadar) with a prayer to declare the agreement to...
Ashalata Senapati Vs. Shri Sahadeb Sahoo and anr.
Court: Orissa
Decided on: Jul-06-2005
Reported in: 100(2005)CLT213; [2005(107)FLR402]
N. Prusty, J.1. The present petitioner, who was the petitioner in O.J.C. 5233 of 1994, has filed this application for punishment under Section 12 of Contempt of Courts Act for willful disobedience of the order/ judgment dated 30.10.2002 passed in the said case.2. Husband of the petitioner, who was the retired Chief Librarian of the Orissa University of Agriculture and Technology, Bhubaneswar initially filed O.J.C. No. 5233 of 1994 for a direction to his employer to grant him the revised scale of pay with effect from 1.1.1974 to 31.12.1980, as admissible to the post of Chief Librarian with all consequential retiral benefits.3. During the pendency of the Writ Petition, he passed away and the petitioner was substituted. That Writ Petition was disposed of on 30.10.2002 and this Court held that the petitioner was entitled to get scale of pay Rs. 1000-1530/- from 1.1.1974 till 31.12.1980. The contesting opposite parties were directed to work out the differential amount payable, refix his las...
Dr. Sudipta Pattanaik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-06-2005
Reported in: 100(2005)CLT577
N. Prusty, J.1. This Writ Petition has been filed by the petitioner challenging to the judgment of the Orissa State Administrative Tribunal, Cuttack Bench, Cuttack dated 7.4.2003 (Annexure-11). Five Original Applications (in short 'O.As.'), which includes O.A. No. 1953 (C) of 2002, were disposed of by the common impugned judgement. Petitioner was the applicant in the above noted O.A.2. The undisputed fact involved in the case is that on the requisition of the State Government, the Orissa Public Service Commission issued an advertisement, which was published in the daily newspaper on 6.5.2002. Annexure-5 is a copy of such advertisement. In that advertisement applications in the prescribed form were invited from in service Assistant Surgeons of the categories mentioned in that advertisement for the Junior Teaching Posts (Lecturers) in 32 disciplines (subjects). While prescribing the age, qualifications and experience, etc. as indicated in Annexure-5, the last date of receipt of applicati...
Manabendra Moharatha @ Mohapatra @ Dulu Dala Behera Vs. State of Oriss ...
Court: Orissa
Decided on: Jul-05-2005
Reported in: 2005(II)OLR266
B.P. Das, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed with a prayer to quash the order of cognizance dated 25.9.97 taken against the petitioner by the J.M.F.C., Banpur in G.R.Case No. 57 of 1994.2. The brief facts leading to this application are that one Narasingh Naik lodged an FIR on 11.3.1994 before the Banpur Police Station alleging therein that on the same day at about 5 p.m. while he was returning home alongwith his son-Laxman Naik from Barpatna Jagar Mela, near Gambhari Munda Society Office, the present petitioner instigated some other accused persons to finish Laxman Naik. It is alleged that the informant and his son were chased by the accused persons and were assaulted by means of Lathi resulting in the death of Laxman Naik, the son of the informant. On the basis of the FIR, investigation was done and ultimately charge sheet was submitted under Sections 302/34 of Indian Penal Code (in short, 'IPC') against six accused persons but th...
Soren Majhi Vs. State of Orissa
Court: Orissa
Decided on: Jul-01-2005
Reported in: 2005(II)OLR236
R.N. Biswal, J.1. This revision has been preferred against the order dated 23.2.2005 passed by the J.M.F.C, Barbil in C.M.C. No. 25 of 2005 arising out of G.R.Case No. 32 of 2005, wherein he rejected the petition filed under Section 457, Cr.P.C. by the petitioner holding that he lacked jurisdiction to release the Tipper bearing Registration No. OR-09-D5764 in his interim custody and that he (petitioner) is not the owner of it. 2. A nub of the facts leading to filing of this revision is that as per the case of prosecution on 22.1.2005 during night hours while the aforesaid vehicle was being used in transportation of iron ores from a reserve forest, the S.I. of Police, Barbil Police Station intercepted it. On demand when the driver failed to produce any authority for transportation of the iron ores, the S.I. seized the same alongwith the Tipper and registered P.S.Case No. 12 dated 22.1.2005 for the offence under Sections 379/411/34 I.P.C. read with Section 12 of the Orissa Minerals (Prev...
Guru Charan Singh Vs. State of Orissa
Court: Orissa
Decided on: Jul-01-2005
Reported in: 2005CriLJ4248; 2005(II)OLR239
R.N. Biswal, J.1. This revision has been preferred against the order dated 2.3.2005 passed by the J.M.F.C., Barbil in C.M.C. No. 34 of 2005 arising out of G.R.Case No. 32 of 20.05 wherein he rejected the petition filed under Section 457 Cr.P.C. by the petitioner holding that he lacked jurisdiction to release the Tipper bearing Registration No. OR-09C-9617 in his interim custody.2. Bereft of unnecessary details the fact leading to filing of this revision is that on 22.1.2005 during night hours while the aforesaid vehicle was being used in transportation of 15 metric tons of iron ores from Karakhandra Jungle, the S.I. of Police, Barbil Police Station intercepted it. On demand when the driver failed to produce any authority for transportation of the said iron ores, the S.I. seized the same alongwith the tipper and registered P.S.Case No. 12 dated 22.1.2005 for the offence under Sections 379/411/34, IPC read with Section 12 of the Orissa Minerals (Prevention of Theft, Smuggling and Other U...
Pramodini Rath Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-01-2005
Reported in: 100(2005)CLT137; 2005(2)OLR288
ORDERSujit Barman Roy, C.J.1. The appellant in this letters patent appeal calls in question the legality of the order dated 10.1.2005 passed in W.P.(C) No. 12290 of 2004 by the Learned Single Judge of this Court.2. The appellant was the Writ Petitioner in the above mentioned Writ Application challenging the order dated 1.11.2004 passed by the Collector, Nayagarh wherein the Collector, Nayagarh directed to conduct a fresh interview of the candidates for appointment as Anganwadi Worker for Govindpur Centre.3. It is revealed from the facts of the case that in the Writ Petition, the Opp. Party No. 5, namely, Mamini Sarangi who is respondent No. 5 in this appeal previously approached this Court in W.P.(C) No. 7136 of 2004. The same was disposed of by order dated 30.7.2004 directing the Collector, Nayagarh to cause an enquiry by calling for the records of the Selection Committee and issuing notice to the persons who may be affected by the enquiry and to pass a reasoned order after such enqui...
Sakhia Naik and anr. Vs. Union of India (Uoi)
Court: Orissa
Decided on: Jul-01-2005
Reported in: IV(2005)ACC134; 2006ACJ1738; AIR2005Ori169; 2005(II)OLR321
L. Mohapatra, J.1. Claimants are the appellants before this Court challenging the judgment and order passed by the Railway Claims Tribunal, Bhubaneswar in O.A.No. 6 of 1999 rejecting the claim for compensation.2. Claimants are the legal heirs of deceased Pratap Naik. The case of the claimants is that on 12.4.1997 the deceased after purchasing tickets from Titilagarh Railway Station boarded the Puri-Ahmedabad Express train at Titilagarh Railway Station. The deceased was to go to Kantabanjhi with his daughter who is one of the claimants. While entering the train, it started moving and suddenly stopped with a jerk as a result of which the deceased fell down from the train. Before the deceased could save himself, the train started moving and the deceased got serious injuries and ultimately died in the hospital. The further case of the claimants is that the deceased was traveling in the general compartment and the tickets purchased by him for self and his daughter were lost. Claim applicati...
Rasamani Dei Vs. Naba Kishore Acharya and anr.
Court: Orissa
Decided on: Jul-01-2005
Reported in: 100(2005)CLT363
L. Mohapatra, J.1. The judgment-debtor filed this Writ Application challenging the order dated 28.1.1999 passed by the Learned Civil Judge (Junior Division), First Court, Cuttack in Misc. Case No. 56 of 1997 dismissing an application for amendment of the petition filed under Section 47 of the Code of Civil Procedure as well as the revisional order dated 16.11.2001 dismissing the revision.2. The case of the petitioner is that schedule 'A' property was originally the self-acquired property of one Gajendra Acharya, who has died in the meantime. Opposite Parties 1 and 2 are the two sons of the said Gajendra Acharya. Gajendra Acharya during the life time proposed to sell the suit property to the present Writ Petitioner and a sale deed was executed and registered by Gajendra Acharya in favour of the petitioner in respect of the said 'A' schedule property for the consideration of Rs. 2,000/-. After execution of the sale deed, the petitioner is in possession of the same. After death of Gajendr...
K. Sairaju Vs. State
Court: Orissa
Decided on: Jul-01-2005
Reported in: 2005(II)OLR382
Sujit Barman Roy, C.J.1. This appeal is directed against the judgment dated 23.5.1988 passed by the Special Judge, Koraput, Jeypore in connection with T.R.Case No. 50 of 1986 onvicting the appellant under Section 7(i) of the Essential Commodities Act, 1955 and sentencing him to undergo R.I. for three months and to pay a fine of Rs. 1000/- in default to undergo R.I. for twenty days.2. I have perused the impugned judgment. The appellant was prosecuted as two quintals and sixty six kilograms of rice were recovered from his possession in violation of Clause 3 of the Orissa Rice and Paddy Control Order, 1965.3. Learned counsel for the appellant has taken me through the impugned judgment as well as the evidence on record. On perusal of the same, I am constrained to hold that the conviction of the appellant was justified and no interference therewith is called for. However, since the impugned judgment was passed and the appellant preferred this appeal, about seventeen years time has elapsed. ...
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