Orissa Court November 2006 Judgments
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Maitree Sansad Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-15-2006
Reported in: 103(2007)CLT191
ORDERM.M. Das, J.1. The Petitioner, which is a voluntary organization registered as a society having the aim and object to raise awareness amongst the people in regard to their rights, has come up with the present writ petition filed in the nature of Public Interest Litigation, inter alia, alleging that the three Medical Colleges and Hospitals run by the Government in the State as well as various Nurshing Homes situated in the city of Cuttack and elsewhere in the State by not following the provisions of law and not taking appropriate steps for due disposal of Biomedical Waste are causing Air and Water pollution inasmuch as the same is hazardous to the health of the local people as well as the patients and their attendants who are treated in the said Hospitals/Nurshing Homes.2. The Petitioner has alleged in the writ petition that the Biomedical Waste in the above mentioned Hospitals and Nurshing Homes are not being disposed of in accordance with the Biomedical Waste (Management and Hand...
State of Orissa Vs. Rama SwaIn and ors.
Court: Orissa
Decided on: Nov-14-2006
Reported in: 2007CriLJ714
A.K. Samantaray, J.1. This Government Appeal is directed against the judgment and order of acquittal recorded by learned Assistant Sessions Judge, Jagatsinghpur on 25-4-1987 in Sessions Trial No. 229 of 1984/1 of 1985 arising out of G.R. Case No. 107 of 1984, acquitting the accused persons from the charge under Section 376 of the I.P.C.2-3. The brief fact leading to the initiation of the criminal proceeding and the Sessions Trial as noted above is stated in the following lines:The victim of the alleged rape and the informant of the case Baiskhi Mahanta has got her mud built house at Niharuni on the land of one Birabara Samanta where she was living with her husband and son. On 9-5-1984 morning the husband of the victim since was suffering from fever went for medical advice to one doctor and the only son had left for the school and while the victim was engaged in removing ash from the fire place accused-Mathura Rout entered into her house on the pretext of taking 'Kattari' for cutting 'T...
Ch. Ranganath Raju Vs. Bank of India and ors.
Court: Orissa
Decided on: Nov-13-2006
Reported in: AIR2007Ori43
A.K. Ganguly, J.1. This writ petition has been filed by one Ch. Ranganath Raju challenging an order dated 21st June, 2006 passed by the Debts Recovery Tribunal, Cuttack (hereinafter called 'DRT, Cuttack'). By the said order the DRT, Cuttack rejected the application filed by the writ petitioner for sending his petition filed under Order 9, Rule 13 read with Section 151 of the Civil Procedure Code (for short 'Code') in TMS No. 19 of 1992 back to the learned Civil Judge (Senior Division), Chhatrapur.2. The material facts of the case are that for realization of its claim the Bank filed against the borrowers and the guarantors, a suit being TMS No. 19 of 1992 in the Court of learned Civil Judge (Senior Division), Chhatrapur. The present petitioner, one of the guarantors, was defendant No. 5 in the suit.3. The suit was contested by the borrowers. Even though the guarantors filed a written statement, but they did not contest the suit. A decree on contest was passed in the said suit on 30-10-1...
Aditya Sponge and Power Pvt. Limited and anr. and Braja Kishore @ Braj ...
Court: Orissa
Decided on: Nov-10-2006
Reported in: 2007(I)OLR64
L. Mohapatra, J.1. Relief claimed in both the writ applications being same, both cases were heard together.2. In W.P.(CRL) No. 267 of 2006, the petitioner No. 1 is a Private Limited Company and petitioner No. 2 is the Managing Director of the said company. In W.P.(CRL) No. 268 of 2006, the petitioner is an employee of the petitioner No. 1 - company in W.P.(CRL) No. 267 of 2006. Both the writ applications have been filed for the following reliefs:(i) F.I.R. No. 101/2006 dated 20.5.2006 registered in Nahan Police Station in the district of Sirmour in the State of Himachal Pradesh be quashed;(ii) A declaration be made that Nahan Police Station has no territorial jurisdiction to register and investigate into the F.I.R. lodged by one Rajkumar Saini, Managing Director, M/s. Saboo Ispat Pvt. Limited-opp Party No. 6; and(iii) To restrain Nahan Police Station in the State of Himachal Pradesh from investigating into the F.I.R. and also for quashing the notice in Annexure-6 sent by the In-charge ...
Hukum Chand Agarwal Vs. State of Orissa
Court: Orissa
Decided on: Nov-10-2006
Reported in: 2007(I)OLR75
L. Mohapatra, J.1. This appeal is directed against the order of conviction recorded by the learned Judge, Special Court, Sambalpur in T.R. No. 37 of 1987 convicting the appellant for commission of offence under Section 7(1)(a)(ii) of the Essential Commodities Act and sentencing him to imprisonment for one year.2. The case of the prosecution is that P.W. 2., S.I. of Ainthapali Police Station received a telephonic information from Town Police Station on 7.7.1987 regarding unlawful storage of edible oil by the appellant. Having received the information, he conducted a raid in the godown of the appellant and seized 140 tins of edible oil kept in the godown. The appellant failed to produce the stock register in support of such possession and took a plea that he was transporting the edible oil to Jharsuguda and since the vehicle went out of order, he kept the oil tins in his godown. On the above allegation, charge sheet was submitted for violation of Clause 3 of the Orissa Pulses Edible Oil ...
Nihar Ranjan Rout @ Chutia Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-09-2006
Reported in: 2007(I)OLR77
S. Barman Roy, C.J.1. By this application for a writ of habeas corpus under Article 226 of the Constitution of India the petitioner being the detenu himself seeks to challenge the order of detention dated 19.7.2006 under Annexure-1 to the petition issued by the District Magistrate, Keonjhar under Sub-section (2) of Section 3 of National Security Act, 1980 (hereinafter referred to as the said 'Act').2. By the impugned order of detention the petitioner was directed to be detained so as to prevent him from acting in any manner prejudicial to the maintenance of public order. The impugned order reads as under:Office of the Collector and District Magistrate, KeonjharOrderNo. 1/C Dated 19.7.2006Whereas I, Sushil Kumar Lohani, I.A.S., District Magistrate, Keonjhar have been authorized in Government of Orissa, Home (Special Section) Department Order No. 2814/C. dated 24th June, 2006 to exercise powers conferred by Sub-section (2) Section 3 of the National Security Act, 1980.Whereas, I am satisf...
Smt. Kabita Panda Vs. Managing Director, Orissa State Civil Supplies C ...
Court: Orissa
Decided on: Nov-08-2006
Reported in: 103(2007)CLT39
I.M. Quddusi, J.1. By means of this writ petition, the petitioner has prayed for issuance of a writ in the nature of mandamus commanding the opposite parties particularly opposite parties 1 and 2, to conduct the interview/test as per advertisement dated 25.03.1994 contained in Annexure-1 to the writ petition by declaring the appointment made subsequent to the said advertisement as illegal.2. It appears that the Orissa State Civil Supplies Corporation Ltd. had issued an advertisement in the newspaper dated 25.03.1 994 to fill up 25 vacancies of Junior Stenographer (General-10, ST-8, SC-5, Ex-Serviceman-1 and Sports-1) but no action was taken thereafter to fill up the posts pursuant to the said advertisement.3. In the counter affidavit, it has been mentioned that subsequent to the advertisement in question the Corporation noticed that it will cause administrative inconvenience if recruitments are not made from among local candidates in each district. Therefore, a policy decision was take...
Sanyasi Barik Vs. Orissa Secretariat Low Paid Employees Co-operative S ...
Court: Orissa
Decided on: Nov-08-2006
Reported in: 103(2007)CLT103; 2007(I)OLR1
M.M. Das, J.1. The petitioner in the present writ petition prays for issue of a direction to the opp. parties 1 and 2 to redeliver possession of shop room No. 6 at Kharvelnagar, Bhubaneswar, to him, after holding that the forcible eviction of the petitioner from the said room by the opp. parties is without authority of law. The petitioner has stated that he was a bona fide tenant in respect of the aforementioned shop room under the opp. party No. 1-Society by virtue of an agreement annexed to the writ petition as Annexure-1. While the petitioner was carrying on his business from the said shop room and was regularly paying rent to the opp. party No. 1, the opp. party No. 1 issued a notice on 1.2.2006 to the petitioner for vacating the said shop room (Annexure-4). It is stated by the petitioner that even after issuance of the said notice, the opp. party No. 1 has accepted rent from the petitioner on 4.3.2006. On 7.3.2006, the opp. parties 1 and 2 being accompanied with the Executive Magi...
K. Iswar Rao Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-08-2006
Reported in: 103(2007)CLT392; 2007(I)OLR6
I.M. Quddusi, J.1. This writ petition has been filed challenging the order dated 19.10.2004 passed by the Secretary to Government of Orissa, Law Department, Bhubaneswar in Appeal No. 6 of 2004 under Section 19 of the Orissa Hindu Religious Endowments Act, 1951 which had been filed against the order dated 17.02.2004 of the Commissioner of Endowments, Bhubaneswar.2. Opposite Party No. 3, namely, Sri Sankleswar Mahadevbije at Bhabinipur in the district of Ganjam, is a public religious institution which is managed by the Non-Hereditary Trust Board appointed by the Addl. Asst. Commissioner of Endowments, Berhampur from time to time. One Mohini Raul, who was appointed as the Managing Trustee of the institution and was looking after the management of the same, applied for permission for sale of lands described under the schedule to the petition filed by him before the Commissioner of Endowments. The lands mentioned in the schedule are recorded in the name of the deity and situated at a distan...
Bighnaraj Sai Vs. Special Land Acquisition Officer, Lower Suktel Irrig ...
Court: Orissa
Decided on: Nov-08-2006
Reported in: 103(2007)CLT371; 2007(I)OLR44
M.M. Das, J.1. In this writ petition, the petitioner seeks to challenge the order dated 7.7.2005 passed by the Special Land Acquisition Officer-opp. party No. 1 rejecting his application for reference of the dispute under Sections 18 and 30 of the Land Acquisition Act, 1894.2. The facts of the case reveal that certain lands were acquired under the provisions of the Land Acquisition Act, 1894 (for short, 'the Act') and the opp. party No. 1 being the Special Land Acquisition Officer passed an award as contemplated under Section 12 of the Act in favour of the recorded owners whose name found place in the record of rights with respect to the acquired land. The petitioner filed an application before the Special Land Acquisition Officer claiming that he is entitled to a portion of the compensation awarded being a joint owner and sought for reference of the dispute under Sections 18 and 30 of the Act. The opp. party No. 1 by order dated 7.7.2005 rejected the application of the petitioner on t...
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