Orissa Court February 2006 Judgments
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Amiya Ray and anr. Vs. State of Orissa and Four ors.
Court: Orissa
Decided on: Feb-28-2006
Reported in: 101(2006)CLT563; 2006(I)OLR491
ORDER1. Heard and on consent of the parties, the writ petition is disposed of at the stage of admission.2. Petitioner No. 1 is the Sarpanch and petitioner No. 2 is the Secretary of Palimi Grama Panchayat in the district of Kendrapara. They challenge the order-Annexure-1 communicated to them by Memo No. 740 dated 12.8.2004 from the office of the District Panchayat Officer, Kendrapara, wherein the following order has been passed:Collector, Kendrapara has been pleased to withdraw the financial powers of Sarpanch and Secretary of Palimi G.P. due to violation of provision of O.G.P. Act.3. Contention of petitioners is that Collector and the District Panchayat Officer, Kendrapara have no power and authority under the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Act') and the Rules made there under to pass such order. A counter affidavit has been filed on behalf of the opposite party No. 2 i.e. the Collector, Kendrapara. The Block-Development Officer, Aul Block has signed ...
Md. Yunus Vs. Sadhana Ausadhalaya Represented by Its Managing Partner ...
Court: Orissa
Decided on: Feb-27-2006
Reported in: 101(2006)CLT598
M.M. Das, J.1. As both the above writ petitions involve common question of facts and law and have been preferred against the common judgment passed by the House Rent Controller-cum-J.M.F.C. (II), Bolangir in H.R.C. Case No. 4/2 of 1983-86 and the judgment passed by the Chief Judicial Magistrate, Bolangir in House Rent Appeal No. 3 of 1988, they were heard together and are disposed of by this common judgment.2. An application under Section 7 of the Orissa House Rent Control Act, 1967 (hereinafter referred to as 'the Act') was filed by one Md. Yunus, the petitioner in OJC No. 6471 of 1997 who is Opp. Party No. 1 in OJC No. 14478 of 1998, as Landlord, for evicting the tenant-M/s. Sadhana Ausadhalaya, Calcutta and its Officer-in-charge occupying the disputed shop room and carrying on business on behalf of the said M/s. Sadhana Ausadhalaya from the disputed shop room. The case has run through a bad weather and has a chequrerd career. The petition under Section 7 of the Act was filed by the ...
Biswanath Matagaja Singh and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-27-2006
Reported in: 2006(I)OLR680
ORDERM.M. Das, J. 1. In the present petition, the petitioners have prayed for quashing Annexure-3 which are orders passed by the Tahasildar, Khandapara in Sairat Case No. 40/04-05 by which ultimately by order dated 21.12.2004, the said Tahasildar, Khandapara recorded that the fishery sairat 'Kachara Patta' has been decided to be settled with opp.party No.5 by the Addl. District Magistrate, Nayagarh and directed the said opposite party No.5 to deposit Rs. 14,000/- and to execute the agreement for settlement of the said fishery sairat. The petitioners have further prayed for a direction to settle the said fishery sairat only by public auction. 2. Considering the submission made by the learned Counsel for the respective parties, as we find that the said fishery sairat was directed to be settled by the Tahasildar, Khandapara in favour of opposite party No.5 for the year, 2004-05 by his order dated 29.12.2004 and by order dated 10.1.2005, this Court in Misc. Case No.220 of 2005 directed tha...
Jugal Kishore Sahoo Vs. Orissa State Financial Corporation and ors.
Court: Orissa
Decided on: Feb-27-2006
Reported in: AIR2006Ori101
M.M. Das, J.1. The petitioner in the present writ petition has prayed for quashing the letter dated 3-3-2005 under Annexure-4 by which the opp. party No. 1-Orissa State Financial Corporation (for short 'the O.S.F.C.') required the petitioner to pay the entire outstanding dues and has further prayed to declare the action of the said opp. party No. 1 taken under Section 29 of the State Financial Corporation Act, 1951 (for short, 'the Act') as illegal.2. An advertisement was made by the Deputy General Manager, O.S.F.C.- opp. party No. 2 for sale of an industrial unit situated at Jagatpur, Cuttack, pertaining to IDCO Plot No. D-21, Phase-II, New Industrial Estate on 21-3-2002. The petitioner participated in the said auction sale held by the O.S.F.C. and being the highest bidder, the O.S.F.C. negotiated with him for raising the price. The petitioner ultimately agreed to purchase the said property for a sale consideration of Rs. 9,51.000/- with a down payment of Rs. 2,51,000/-. The petitione...
Sri Abhimanyu Rout Vs. Sri Premraj Agarwala
Court: Orissa
Decided on: Feb-24-2006
Reported in: III(2007)BC162; 2006(I)OLR461
ORDERP.K. Tripathy, J.1. Heard further argument and on consent of the parties the CRLMC is disposed of at the stage of admission in the following manner.2. Petitioner is the accused in I.C.C. No. 121 of 2003 of the Court of S.D.J.M., Dhenkanal. Cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 (in short 'N.I. Act') has been taken against him on the basis of the allegation that on 23.03.1999 accused-petitioner, under a credit memo, purchased six number of Apollo Tyres along with tubes and flaps from the complainant-opposite party and did not pay the amount, but on 01.06.2003 acknowledged that dues in a paper affixed with revenue stamp. Thereafter on 09.03.2003 accused intended to repay that debt and accordingly issued a cheque, which bounced. In spite of due intimation as provided in Section 138 of the N.I. Act, when payment of the debts/dues was not made by the accused, after expiry of the statutory period complainant-opposite party instituted the afor...
Kumari Ushamani Moharana Vs. Sub-collector and ors.
Court: Orissa
Decided on: Feb-22-2006
Reported in: 2006(I)OLR573
L. Mohapatra, J.1. The petitioner in this writ application has prayed for quashing the order in Annexure-3 in which her services had been terminated.2. The case of the petitioner is that she was selected to be appointed as Anganwadi Worker of Mulakudai Anganwadi Centre and accordingly after receipt of appointment order, she joined the post. Thereafter, she was sent for training in June, 1991. After completing training for three months, she again joined in the Anganwadi Centre. It is further alleged in the writ application that one group of villagers wanted the Anganwadi Centre to be located at one place whereas another group of villagers wanted torun the centre at another place of their choice. In view of the above, there was disturbance in running the centre peacefully and it was intimated to the opposite parties 1 to 4 by the petitioner. Initially the Anganwadi Centre was functioning at Kasinath Mahila Samiti building of the said village and while the matter stood thus, one of the vi...
State of Orissa Vs. Sachidananda Sahu
Court: Orissa
Decided on: Feb-22-2006
Reported in: 2006(II)OLR32
Pradip Mohanty, J.1. This appeal under Sub-sections (1) and (3) of Section 378 Cr.P.C. has been filed by the State challenging the order dated 29.09.1984 passed by the learned Special Judge, Bhubaneswar in T.R. Case No. 16 of 1981 whereby the learned Special Judge acquitted the respondent of the charge under Section 5(1)(d), read with Section 5(2) of the Prevention of Corruption Act.2. The prosecution case, in short, is that the complainant and his partners had taken lease of the cashew-nut plantation at Gopiballavpur for the year 1978 from the Soil Conservation Office, Cuttack. On 09.01.1978, they were transporting 28 bags of raw cashew-nuts in the truck bearing registration number OSS 1837 for sale to the Orissa Cashew Company, Bhubaneswar. On the way, the truck stopped at Gandarpur-Sikharpur check gate and the complainant went to the check gate office with the documents for verification. The accused-respondent, who was the Sales Tax Inspector in-charge of the check gate at that time...
Mangelal Jhajharia Vs. Govindram Girdhar and anr.
Court: Orissa
Decided on: Feb-21-2006
Reported in: AIR2006Ori103; 102(2006)CLT185; 2006(I)OLR428
N. Prusty, J.1. W.P.(C) No. 13534 of 2003 has been filed by the plaintiff challenging the order-dated 24.06.03 passed by the learned Civil Judge (Senior Division), Sambalpur in T.S. No. 71 of 2001 whereby the learned Court below has accepted the written statement filed by the defendant No. 2 beyond the period of 90 days.2. W.P.(C) No. 3139 of 2005 has been filed by the defendant No. 1 against the order dated 9.12.04 in T.S. No. 71 of 2001 passed by the learned Civil Judge (Senior Division), Sambalpur whereby the written statement filed by the defendant No. 1 was not accepted by the learned Court below since the same has been filed beyond the period of 90 days.3. As it appears from the above in the self same case, even though both the defendants filed their respective written statements beyond 90 days, the learned Court below has accepted the written statement filed by the defendant No. 2 but declined to accept the written statement filed by the defendant No. 1.4. Mr. S. Mishra, learned...
Rabi Ranjan Malick Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-21-2006
Reported in: 2006(I)OLR463
I.M. Quddusi, J.1. All these writ petitions having involved common questions of fact and points of law were analogously heard and are being disposed of by this judgment.2. The judgment and order dated 22.11.2002 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.As. Nos. 83/2001 & 286/2001 filed by the applicants, namely, Benudhar Das, Rajkishore Chaudhury and Mrutyunjay Tripathy is assailed in these writ petitions. The last two writ petitions i.e. W.P.(C) Nos. 6780 & 6781 of 2003 have been filed by the State and rest four writ petitions i.e. W.P.(C) Nos. 571,713,1623 & 2090 of 2003 have been filed by the persons aggrieved by the impugned order of the Tribunal. The Tribunal while allowing the O.As. directed the State of Orissa to issue revised orders antedating the applicants' promotion to O.A.S. supertime posts rank to the date when respondents 3 to 10 (before the Tribunal) were promoted and to maintain their inter se seniority according to the placements assigned to them ...
iswar Mirdha Vs. State of Orissa
Court: Orissa
Decided on: Feb-15-2006
Reported in: 102(2006)CLT91
P.K. Tripathy, J.1. Appellant challenges order of conviction under Section 302, IPC in S.T. Case No. 224 of 1994 of the Court of Sessions Judge, Sambalpur. He was charged for that offence on the allegation that he committed patricide on 29.5.1994 inside the jungle.2. Prosecution case is that, appellant and the deceased holding an axe each went to the jungle. In the jungle father (deceased scolded/abused the appellant and retaliating to that, appellant dealt axe blows on the deceased and killed him. After returning alone from the jungle, appellant was put to queries about whereabouts of the deceased and then, before his wife, daughter, cousin and co-villagers, he made extra-judicial confession. Thereafter villagers together with appellant went to the jungle i.e., scene of occurrence, saw the dead body and lodged FIR. The dead body was sent for post-mortem examination and the Medical Officer (P.W. 10) submitted the post-mortem report (Ext. 13) with the opinion that deceased suffered homi...
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