Orissa Court September 2005 Judgments
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New India Assurance Company Ltd. Vs. Jyotsna Patra and Five ors.
Court: Orissa
Decided on: Sep-16-2005
Reported in: IV(2005)ACC696; 2005(II)OLR583
ORDERA.S. Naidu, J. 1. This matter was listed for orders to remove the defect as pointed by the Stamp Reporter. The accident took place in the year 1998. The Judgment was passed in the year 2003. The present appeal has been filed in the month of March, 2003, till date defect pointed out by the Stamp Reporter is not removed and as the same is pending for the last two years and the Insurance Company is saddled with interest, this Court with consent of the learned Counsel for the parties feels that it would be just and proper to dispose of the same at this stage.2. Heard.3. Assailing the Judgment dated 25.01.2003 passed by the learned Addl. District Judge-cum-3rd M.A.C.T., Rourkela in M.A.C.T. Misc. No. 172/77 of 1998/2001, the appellant-Insurance Company has preferred this Appeal.4. The grounds on which the impugned Judgment is challenged are that the driver of the offending vehicle was not possessing a valid driving licence. The second ground is that the interest awarded is towards the ...
Bivas Chandra Samanta Vs. Hira @ Madan Mohan Biswal and ors.
Court: Orissa
Decided on: Sep-16-2005
Reported in: AIR2006Ori1; 2005(II)OLR666
L. Mohapatra, J. 1. Defendant No. 1 is the appellant before this Court against a confirming judgment.2. The plaintiff-respondent No. 1 filed a suit for declaration that the sale deed dated 28.7.1987 executed by the Defendant No. 2 in favour of the Defendant No. 1 (appellant) in respect of an area measuring 63 decimals pertaining to Plot No. 408 under Khata No. 20 of Mouza Raghunathpur is invalid and not binding and for further declaration that the plaintiff-respondent No. 2 along with their co-sharers have right, title and interest over the suit property and for permanent injunction.3. The case of the plaintiff-respondent No. 1 is that defendant No. 2 is his mother and defendants 3 to 39 are the co-sharers. Defendant No. 1-appellant is a permanent resident of Jeypore in the district of Koraput and was working in a Tusser Society at Harichandanpur, which is adjacent to village of the plaintiff and defendants 2 to 39. The plaintiff was working as a peon in the said Society. Defendant No....
Gitanjali Rath @ Satapathy Vs. Satyabrata Satapathy
Court: Orissa
Decided on: Sep-16-2005
Reported in: 101(2006)CLT199; I(2006)DMC457; 2005(II)OLR708
ORDERMATA No. 37 of 2004Misc. Case No. 7 of 20051. This case is listed today for orders on the application for interim maintenance and the litigation expenses. On consent of the parties, we take up this MATA for hearing and disposal, inasmuch as the consideration remains confined to interpretation of law and the legal position as to whether an ex parte decree granted in matrimonial proceeding is liable to be set aside under Order-IX, Rule-13, C.P.C. Learned Judge, Family Court, Rourkela in Misc. Case No. 24 of 2004 under Order-IX, Rule-13, C.P.C. filed by the present appellant rejected her prayer for setting aside the ex parte decree passed on 6.7.2004 in Civil Proceeding No. 194 of 2002. The appellant's prayer in that respect was rejected by learned Judge, Family Court, Rourkela following the ratio in the case of Anjan Kumar Kataki v. Smt. Minakshi Sarma, AIR 1985, Gauhati-44. The ratio in that decision supports the finding of learned Judge, Family Court, Rourkela, but we see that the...
Suresh Sahoo Vs. State of Orissa
Court: Orissa
Decided on: Sep-13-2005
Reported in: 100(2005)CLT535
ORDERR.N. Biswal, J.1. Even though the case is listed for admission today, on the prayer and consent of learned Counsel for the parties, it is taken up for final hearing.2. Heard.3. This CRLMC arises out of a petition filed under Section 482 of Cr.P.C. wherein the petitioner challenges the order dated 25.4.2005 passed by the S.D.J.M. (S), Cuttack in ICC case No. 1041 of 2004 rejecting his petition under Section 205 of Cr.P.C.4 The petitioner is the accused in the said complaint case on the allegation of having committed offence under Sections 294/323 of IPC. On 11.4.2005 he filed a petition under Section 205 of Cr.P.C. to dispense with his personal attendance before the court on each date of posting of the case and to permit him to be represented by his lawyer. As per the petition the petitioner is a retailer under the Public Distribution System and that he is also a member of Village Forest Protection Committee. If he is to attend the Court on each date of posting of the case, then he...
Sri Krushna Chandra Sahoo Vs. State of Orissa
Court: Orissa
Decided on: Sep-13-2005
Reported in: 2005(II)OLR651
P.K. Tripathy, J.1. Appellant was one of the accused persons in Sessions Trial No. 466/46 of 1998 of the Court of Addl.Sessions Judge, Jajpur. He faced the charge for the offence punishable under Sections 302/34, I.P.C. on the allegation that on 06.05.1997 at about 12.30 p.m. (it should be a.m.) in the night at Haladharpur in furtherance of their common intention appellant and two others committed murder of one Dushasan Sahu (hereinafter referred to as the deceased) by dealing 'Khanda' and 'Bhujali' blows. The co-accused persons were Bajia alias Bijay Kumar Mishra and Sudam Charan Sahu. To substantiate the charge, prosecution examined nine witnesses and relied on documents marked Exts. 1 to 7. No material object was exhibited on behalf of the prosecution. The accused persons, in a common defence, took the plea of complete denial and examined one witness namely Ghanashyam Sahu as D.W. No. 1 to prove that because of his antecedent as a dacoit the deceased suffered injuries and death by s...
Kamalakanta Das Vs. Govinda Chandra Patra
Court: Orissa
Decided on: Sep-12-2005
Reported in: AIR2006Ori4; III(2006)BC27; 100(2005)CLT718; 2005(II)OLR555
A.S. Naidu, J. 1. The judgment-debtor in Execution Case No. 10 of 1998 pending before the Civil Judge (JD), Ist Court, Cuttack has filed this Writ Petition challenging the order dated 14th December, 2004 passed by the Court below rejecting the Misc.Application No. 201 of 2004 filed by him under Order 21, Rules 89 and 90 read with Sections 47 and 151 of the Code of Civil Procedure praying to permit him to deposit the decretal amount and other expenses and to set aside the order of sale of a landed property measuring Ac. 0.20 decimals appertaining to Sabik Plot No.2034 of Mouza Patapur (Balu Bazar), Cuttack Town put to sale in the aforesaid Execution Case arising out of Money Suit No.639 of 1983.2. Bereft of unnecessary details, the facts as revealed from the records are that the petitioner took a loan of Rs. 1,000.00 from the opposite party, but then for certain inadvertent reasons he could not repay the same. Consequently the opposite party filed Money Suit No.639 of 1983 before the Co...
Mrs. Madhumita Das and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-09-2005
Reported in: 100(2005)CLT465
I.M. Qudussi, J.1. By means of this Writ Petition, the petitioners have challenged the selection made for recruitment of Ad hoc Additional District Judges under the Orissa Judicial Service (Special Scheme) Rules, 2001 in pursuance of the advertisement issued by the High Court of Judicature, Orissa, Cuttack being Advertisement No. 1 of 2003 as contained in Annexure-1. The prayer made in the Writ Petition is reproduced as under:'PrayerThe petitioners therefore pray that your Lordships graciously be pleased to admit the Writ Application and issue a Rule Nisi to the opposite parties to show cause as to :(a) Why the selection violating stipulation of Annexure-1 will not be declared as illegal and void;(b) Why the opposite parties will not be directed to select and appoint as per advertisement vide Annexure-1 and to remove disqualified candidates from service i.e., opposite party Nos. 4 to 18.(c) Why the opposite parties will not be directed to appoint the petitioners as they have qualified ...
Nilambar Majhi Vs. Secretary to Govt. of Orissa, Panchayat Raj Deptt. ...
Court: Orissa
Decided on: Sep-09-2005
Reported in: 101(2006)CLT473; 2005(II)OLR659
1. The writ petition is taken up for final disposal at the stage of admission on the consent of learned counsel for the parties.2. Heard.3. Petitioner was elected as Sarpanch of Machichalla Grama Panchayat in the district of Kalahandi in the Panchayat Election held in the year 2002, and assumed office accordingly. While the matter stood thus, some of the Ward Members including Naib-Sarpanch held meeting on 29.4.2005 and passed a resolution proposing vote of no confidence against the petitioner. They accordingly gave requisition Annexure-2 enclosing a copy of resolution Annexure-3 to the Sub-Collector, Dharmagarh to convene a meeting to record the vote no confidence. Basing on such requisition the Sub-Collector issued notice to the Ward Members and the petitioner fixing the date of the meeting to 30.5.2005.,The meeting was accordingly held and the no confidence, motion was carried, whereafter Collector, Kalahandi issued letter No. 54 dated 9.6.2005 removing the petitioner from the post ...
N. Dillip Reddy and ors. Vs. State of Orissa
Court: Orissa
Decided on: Sep-09-2005
Reported in: 2005CriLJ4477; 2005(II)OLR585
R.N. Biswal, J. 1. This CRLMC arises out of a petition under Section 482 Cr.P.C. filed on behalf of the petitioners where they threw the gauntlet to the order dated 15.7.2003 passed by the J.M.F.C., Purusottampur in G.R. Case No. 110 of 1996(A) refusing to reconsider the order of taking cognizance for the offence under Sections 148/324/506/302/149 I.P.C. dated 5.12.1996.3. In the aforesaid G.R. Case police submitted charge sheet against the accused persons other than the petitioners. Learned J.M.F.C, Purusottampur took cognizance of the aforesaid offences against the charge sheeted accused persons and the petitioners whose name did not find place in the charge sheet vide order dated 15.12.1996 and issued process against them.3. Being aggrieved by the said order, the petitioners preferred Criminal Misc. Case No. 4500 of 1996 before this Court, which was disposed of by order dated 3.9.2001 with the following observation :The matter is remitted back to the trial Court to reconsider the pe...
State of Orissa and ors. Vs. Bichintrananda Das and ors.
Court: Orissa
Decided on: Sep-08-2005
Reported in: 101(2006)CLT380
I.M. Quddusi, J.1. All these sixteen Writ Petitions have been filed against the common judgment and order dated 6.2.1999 passed by the Orissa Administrative Tribunal, Bhubaneswar Bench, in O.A. Nos. 1822/93, 598/95, 2376/93, 1821/93, 2379/93, 2375/93, 1877/94, 894/94, 893/94, 1820/93, 81/94, 2214/93, 83/94, 82/94, 2213/93 & 2212/93.2. The brief facts, which are relevant for the purpose of the instant Writ Applications, are that under the sponsorship of the Government of India, the Government of Orissa had framed a Scheme for establishing Government Vocational Educational Institutions. Seventy-five percent of the expenses for establishing such institutions including payment of salary to the staff was to be borne by the Central Government and remaining twenty-five percent by the State Government. The institutions were established in phase from 1988 to 1990. The State Government had also authorized managements of private educational institutions to open separate sections as Vocational Edu...
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