Orissa Court November 2006 Judgments
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In Re: Smt. Swarnaprava Panda
Court: Orissa
Decided on: Nov-24-2006
Reported in: 2007(I)OLR119
A.K. Samantaray, J.1. Aggrieved by the order dated 14.12.1998 of the District Judge, Khurda at Bhubaneswar in Probate Misc. Case No. 2 of 1997 refusing to grant probate, the present appellant has preferred this First Appeal.2. The factual matrix of the case may be stated in the following paragraph:3. One Raghunath Purohit (hereinafter referred to as 'deceased') son of late Radhakanta Purohit resident of 260, Kharvelanagar, Unit-III, Bhubaneswar, lastly resided at Plot No. RP-61, Tankapani Road, Bhubaneswar, died issuless on 6.6.1997. The said deceased, before his death executed a registered will in Sub-Registrar's Office, Puri in favour of the appellant on 13.2.1991. She along with her husband was looking after him like a daughter till his last breath and performed his last rites. The appellant filed a Probate Misc. Case under Section 276 of the Indian Succession Act, 1925 with a prayer to grant probate in respect of the movable and immovable properties of the deceased as per the will ...
Bairagi Charan NuaIn Vs. Gokula Suna and anr.
Court: Orissa
Decided on: Nov-24-2006
Reported in: 103(2007)CLT209
I.M. Quddusi, J.1. This writ petition has been filed against the Judgment and order dated 5.1.2004 passed by the Addl. District Judge, Sonepur in Election Appeal (RFA No. 57 of 2003) filed by Opposite party No. 1 allowing the appeal and setting aside the Judgment and order dated 20.03.2003 passed by the Civil Judge (Jr. Division), Sonepur in Misc. Judicial Case No, 17 of 2002 and declaring the election of the Petitioner as a returned candidate to the office of Sarpanch, Lachhipur Grama Panchayat void and consequently declaring a casual vacancy to the said office.2. The brief facts of the case are that the seat of Sarpanch, Lachhipur Grama Panchayat was reserved for Scheduled Castes category in the last election held in the year 2002. The Petitioner as well as Opposite party No. 1 both filed their nomination papers before the Election Officer scrutiny of which was conducted on 22.1.2002 wherein the Opposite party No. 1 raised written objection before the Election Officer challenging the...
Ajay Kumar Agrawal Vs. O.S.F.C. and ors.
Court: Orissa
Decided on: Nov-23-2006
Reported in: AIR2007Ori37
A.K. Ganguly, J.1. This writ petition has been filed with a prayer for quashing Annexure-3 which is a communication dated 16-11-2001 issued by the Executive Engineer, Electrical, Western Electricity Supply Company of Orissa Limited (WESCO), opposite party No. 2. By the said communication, the petitioner was informed that as it had taken over the assets of M/s. Maa Bhawani Rice Industries from Orissa State Financial Corporation (O. S. F. C.) by auction sale, the petitioner must clear the arrears of Rs. 1,56,798.10 ps. outstanding against M/s. Maa Bhawani Rice Industries before petitioner's application for availing power supply of 95 KW load will be considered. It was made clear that unless the above dues are paid, no power supply will be given from WESCO. The petitioner also made a prayer for a direction upon the opposite parties to refund the instalment money, which was deposited by the petitioner towards arrear dues of the previous consumer M/s. Maa Bhawani Rice Industries.2. The mate...
Muralidhar Satpathy Vs. State of Orissa
Court: Orissa
Decided on: Nov-23-2006
Reported in: 2007(I)OLR122
R.N. Biswal, J.1. In this writ petition the petitioner sought for quashing the proceeding initiated against him in G.R. Case No. 3506 of 2004 arising out of Lingaraj P.S. Case No. 204 (24) dated 28.10.2004 pending before the Court of S.D.J.M., Bhubaneswar.2. Bereft of unnecessary details, the facts giving rise to this writ petition are that on 28.10.2004, one Devi Prasad Tripathy of Bhub aneswar lodged a written report before the Officer-in-Charge of Lingaraj Police Station on the allegation that some time in the month of October, 2003 Pradeep Satpathy, son of the present petitioner, stating before him that he and his family members had started a Real Estate business, showed him a patch of land by the side of Bhubaneswar-Puri Highway No. 2003 and further told that the said land would be purchased and after being plotted, would be sold to different customers, wherein he would be a partner, if he pays him Rs. 20,00,000/-. Since Pradeep Satpathy and the informant were lawyers by professio...
Pradeep Kumar Nanda Vs. Sanghamitra Binakar
Court: Orissa
Decided on: Nov-22-2006
Reported in: AIR2007Ori60; 103(2007)CLT174
M.M. Das, J.1. This appeal has been preferred by the Appellant-husband against the order dated 2.7.2004 of the Learned Civil Judge, (Senior Division), Bhubaneswar passed in O.S. No. 342 of 2002.2. The Appellant-husband and the Respondent-wife were admittedly married in accordance with Hindu Customs and Rites on 1.12. 1999. It is also the admitted case that from 6.6.2001 they are separately residing though Appellant-husband alleges that the Respondent-wife has abandoned the matrimonial home. On 17.6.2002, the Appellant-husband filed an application under Section 9 of the Hindu Marriage Act 1955 (hereinafter referred to as 'the Act') for an order of restitution of conjugal rights, before the Learned Civil Judge (Senior Division), Bhubaneswar, which was registered as O.S. No. 342 of 2002. It is the case of the Appellant-husband that due to subsequent developments as he was convinced that the marriage has broken down irretrievably and the spouses cannot live together, on 12.5.2003, the Appe...
Akuli Charan Das, Etc. Etc. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-22-2006
Reported in: AIR2007Ori97
I. Mahanty, J.1. In this batch of writ applications common question of law, challenging the applicability of the Orissa Minor Minerals Concession Rules, 2004 to the contracts entered into by them prior to the promulgation of the said Rules has been raised by the petitioners for our consideration and therefore, the same are taken up together for disposal by this common judgment.The petitioners in all the writ applications are contractors who are carrying on different construction work for various departments/agencies etc. such as contract under the Prime Minister Gramya Sadak Yojana, Nabard Finance and for the Railways.2. Under the P.M.G.S.Y. agreement Clause No. 13.3 and 13.4 being relevant are quoted herein below:13.3 All duties, taxes, royalties and other levies payable by the Contractor under the Contract, or for any other cause, shall be included in the rates, prices, and total Bid price submitted by the Bidder.13.4 The rates and prices quoted by the Bidder shall be fixed for the d...
Sri Chaitanya Nayak and 26 ors. Vs. State of Orissa and 7 ors.
Court: Orissa
Decided on: Nov-20-2006
Reported in: 104(2007)CLT273; 2007(1)OLR790
ORDER1. Heard learned Counsel for the petitioners and the learned Addl. Government Advocate.2. The dispute involves in this writ petition is that the petitioners were settled with Ac. 1.00 of land each from out of the lands found as ceiling surplus under the Orissa Land Reforms Act, 1960 in mouza Bidanasi, Sadar Cuttack by virtue of orders passed on their respective applications. However, the said lands along with other lands were acquired under the Land Acquisition Act, 1894 by publication of notices under Sections 4 and 6 thereof. Appeals and revisions were filed against the orders by which the petitioners were settled with the said lands. Ultimately, the petitioners preferred various writ petitions individually before this Court and upon the writ petitions being allowed, the State of Orissa moved the Supreme Court in Civil Appeals against the orders passed in the writ petitions. The Supreme Court by its order dated 31.7.2003 allowed the Civil Appeals directing to take up the proceed...
Larson and Turbo Company Ltd. and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-16-2006
Reported in: 103(2007)CLT141; (2007)9VST491(Orissa)
A.K. Ganguly, J.1. Since in both the writ petitions, similar questions of fact and law are involved, they were heard together and are being disposed of by this common judgment.2. Both the writ petitions were filed challenging an order dated 21st June, 2001, passed by the Sales Tax Officer, Sambalpur III Circle, Jharsuguda, as the Petitioner's claim for payment of interest for the year 1994-95 was rejected. O.J.C.No. 11460 of 2001 was filed as the said claim of interest for the aforesaid year was rejected under the Central Sales Tax Act and O.J.C.No. 11459 of 2001 was filed as the claim for payment of interest was rejected under the Orissa Sales Tax Act.3. The relevant facts of the case are that the writ Petitioner, a Public Limited Company was carrying on the business of manufacturing of cement in the district of Jharsuguda in the State of Orissa. The said Company is registered under Section 9-C of the Orissa Sales Tax Act. Apart from that the Petitioner is also a registered pioneer la...
Bilkesh Parveen Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-16-2006
Reported in: 2007(I)OLR133
A.K. Samantaray, J.1. In this writ petition under Articles 226 and 227 of the Constitution of India the petitioner challenges the Government order under Annexure-16 disallowing approval of her appointment and payment of Grant-in-aid from the date of her appointment to the post of lecturer in English in Tangi Mahavidyalaya, Kotsahi, in the district of Cuttack and has prayed for quashment of the said annexure and for issue of a direction mandating the opposite parties to approve her appointment and to pay her Grant-in-aid from the date of her appointment, i.e., from 1.11.1991.2. The case of the petitioner as averred in the writ petition is that she is a lecturer in English of Tangi Mahavidyalaya, Kotsahi which was affiliated to the Utkal University vide Annexure-1 in Intermediate Arts with 65 seats in English and other subjects. On the formation of the Council of Higher Secondary Education, Orissa, the Council under Annexure-2 dated 31.3.1984 extended its affiliation for Higher Secondary...
Syama @ Shyama Sahoo Vs. State
Court: Orissa
Decided on: Nov-15-2006
Reported in: 2007(I)OLR128
A.K. Parichha, J.1. This appeal is directed against the order of learned Asst. Sessions Judge, Kamakhyanagar in S.T. No. 76-D of 1998/18 of 1998 convicting the appellant under Sections 457/376, I.P.C. and sentencing him to undergo R.I. for ten years and a fine of Rs. 1,000/- in default to undergo R.I. for three months and R.I. for one year and a fine of Rs. 500/- in default to undergo R.I. for one month respectively.2. Prosecution case in brief is that in the night of 12.10.1997 while the victim lady (P.W. 4) was sleeping inside her house at village-Kanakhai with her child, the appellant trespassed into the room at about midnight and forcibly committed sexual intercourse with her against her will. On arrival of her husband in the following morning the victim lady narrated the incident and both the husband and wife went to Bhuban Police Station where they lodged a report, Ext. 5. Basing on this report a case was registered under Sections 457 and 376, I.P.C, investigation was conducted d...
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