Orissa Court March 2006 Judgments
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Lalit Prusty @ Lalit Kumar Prusty and anr. Vs. State
Court: Orissa
Decided on: Mar-28-2006
Reported in: 101(2006)CLT806
P.K. Tripathy, J. 1. Heard Learned Counsel for the appellants and Learned Standing Counsel and the Criminal Appeal stands disposed of in the following manner.2. Appellants were accused persons in Sessions Case No. 5 of 1989 of the Court of Sessions Judge, Phulbani on the allegationsthat on 16.10.1988 at about 3 p.m. at Village Brahmanpada accused Golla Prusty by means of axe and accused Lalit Prusty by means of a spear attempted to commit murder of injured Simanchal Sahu (P.W. No. 2) and in that process caused bleeding injuries on the right hand and chest of the said injured.3. Accused persons denied to the allegations and claimed for trial.4. In course of trial, prosecution examined seven witnesses and relied on documents marked Exhibits 1 to 5 and the weapons of offence marked as material objects I and II and the blood stained cloth No. III.5. According to the case of prosecution, accused Golla Prusty cut and damaged a drumstick tree belonging to the complainant during his absence fr...
Orissa Municipal Employees Federation, Represented by Its General Secr ...
Court: Orissa
Decided on: Mar-27-2006
Reported in: 101(2006)CLT670; [2006(110)FLR395]; 2006(I)OLR627
A.K. Samantaray, J.1. The petitioner who is the General Secretary of the Orissa Municipal Employees Federation and a regular Class-Ill employee of the Cuttack Municipal Corporation has come with this petition under Articles 226 & 227 of the Constitution of India challenging inaction of the State government in the matter of implementation of the Orissa Revised Scale of Pay Rules, 1998 on the basis of 5th Pay Commission Report with effect from 1.1.1996 whereas the State Government has already implemented the same with effect from 1.1.1996 in respect of the employees of similar cadre in the State Government who are discharging duties and responsibilities of similar nature and has prayed for commanding the opposite parties to implement the Orissa Revised Scale of Pay Rules, 1998 with effect from 1.1.1996 on the basis of the 5th Pay Commission Report.2. The factual foundation leading to filing of this writ petition may be stated briefly as follows :The petitioner who is the General Secretar...
Ram Bilas Agrawal Vs. Bomal Chandra Sahu and ors.
Court: Orissa
Decided on: Mar-24-2006
Reported in: 101(2006)CLT557; 2006(I)OLR624
ORDERN. Prusty, J.1. Even though the matter is listed for order, on consent of Learned Counsel for both the parties, the same is taken up for final disposal at the stage of orders.2. This writ petition has been filed by the defendant challenging the order dated 3.5.2004 passed by the Learned Judge (Senior Division), Sambalpur in Title Suit No. 73 of 2001 whereby an unregistered partition deed tendered by the plaintiff was admitted in to evidence only to the extent to show severance of joint status of the joint family and not to prove the partition by metes and bounds amongst the members of the joint family.3. Heard Mr. Kanungo, Learned Counsel for the petitioner and Mr. Pujari, Learned Counsel for the opposite parties.4. Mr. Kanungo, Learned Counsel for the defendant/petitioner submits that it is well settled that an unregistered partition deed is inadmissible in evidence to show that there is partition between the members of the joint family by metes and bounds and in case such an obj...
Dasarath Singh and ors. Vs. Smt. Manvoti Dei and ors.
Court: Orissa
Decided on: Mar-24-2006
Reported in: AIR2006Ori115; 101(2006)CLT737; 2006(I)OLR583
A.K. Parichha, J.1. Aggrieved by the judgment and decree of the learned District Judge, Kalahandi in T.A. No.59 of 1982 confirming the judgment and decree passed by the Subordinate Judge, Bhawanipatna in T.S. No. 13 of 1981, the appellants have filed this appeal.2. Appellants 1 to 5 and Late Ghasiram Singh, father of appellant Nos. 6 and 7 as plaintiffs, filed the aforesaid suit asking for partition of the suit property described in the schedule of the plaint. The case of the plaintiffs in brief, was that one Ram Singh Beldar, the common ancestor of the parties, had acquired Ac. 38.07 dec. of land including the suit land. On the death of Ram Singh Beldar, his sons Soman Singh Beldar, Rain Singh Beldar and Anjan Singh Beldar remained in joint mess and properties and possessed all the lands of Ram Singh although in the settlement of 1922-23 the said lands were recorded in the names of Soman Singh Beldar and Rain Singh Beldar only as Anjan Singh Beldar was a minor at that time. However du...
Smt. Champabati Devi Vs. Duryodhan SwaIn (Dead) and After Him Ashok Ku ...
Court: Orissa
Decided on: Mar-24-2006
Reported in: 102(2006)CLT279; 2006(I)OLR588
A.K. Parichha, J.1. This appeal is directed against the order dated 23rd September, 1986 passed by learned Sub-ordinate Judge, Khurda in Title Appeal No.6 of 1985 confirming the judgment and decree of learned Munsif, Khurda in O.S. No.150 of 1978 (I).2. The appellant as plaintiff filed O.S. No.150 of 1978(1) in the Court of Munsif, Khurda seeking the following reliefs:(i) to declare the order of the Revenue Officer, Khurda declaring the defendant-respondent as Raiyat, as illegal, without any jurisdiction and not binding.(ii) for declaration of her title, confirmation of possession over the suit land and if found dispossessed for recovery of possession of the same.(iii) for permanent injunction restraining the defendant-respondent from entering into the suit land and interfering with her possession.3. The case of the plaintiff-appellant, in brief, is that, she got the suit land in her share in the family partition and was in possession of the same but suddenly in the year 1975, the defe...
Smt. Basanti Bal Vs. Sri Prafulla Kumar Routrai and anr.
Court: Orissa
Decided on: Mar-24-2006
Reported in: AIR2006Ori112; 2006(I)OLR620
A.K. Parichha, J.1. This appeal is directed against the appellate judgment passed by learned Additional District Judge, Bhubaneswar in T.A. No.17/25 of 1983/1982 confirming the judgment and decree passed by learned Munsif, Bhubaneswar in O.S. No.78 of 1980(1) dismissing the plaintiff's suit.2. The appellant, as plaintiff, filed a suit for specific performance of contract against the defendant No.3 for declaration that the sale deeds executed by defendant No.3 in favour of defendant Nos. 1 and 2 are illegal, for permanent injunction against defendant Nos. 1 and 2, for confirmation of possession over the suit property and in the alternative for recovery of possession of the same if she is found to be dispossessed. The case of the plaintiff, in nut-shell, was that she purchased Ac.0.85 dec. of land of plot No.2946 from defendant No.3 for constructing a house thereon, but finding that there was no approach road to that land, she wanted to buy the suit land out of plot No.2942 to use the sa...
Smt. Rasheswari Sethi Vs. Sub-collector and anr.
Court: Orissa
Decided on: Mar-24-2006
Reported in: 101(2006)CLT754; 2006(I)OLR682
P.K. Tripathy, J.1. Petitioner is the Sarpanch of Mahadevpali Grama Panchayat under Binka Police Station in the district of Sonepur. In this writ petition she has alleged that the process of no confidence motion proceeded illegally and contrary to the provision of law and therefore the same should be set aside. In that context petitioner invited our attention to the following order passed on 05.08.2004 in Misc. Case No.7858 (in W.P.(C) No.7883 of 2004): As an interim measure, it is directed that no confidence.motion scheduled to be held on 10th of August, 2004 may be allowed to be held, but the result thereof shall not be given effect to without leave of the Court.She argued that, with a view to achieve the purpose of no confidence motion against the petitioner, the Tahasildar, Binka, being the officer authorized by the Sub-Collector to conduct the no confidence proceeding, allowed no confidence motion to proceed but subsequently destroyed the ballots already cast and issued fresh ball...
Parbati Hembram Vs. State of Orissa and 22 ors.
Court: Orissa
Decided on: Mar-24-2006
Reported in: 101(2006)CLT697; 2006(I)OLR685
P.K. Tripathy, J.1. Petitioner is the Chairman of Baripada Panchayat Samiti in the district of Mayurbhanj, A motion of no confidence was initiated against her under Section 46-B of the Orissa Panchayat Samiti Act, 1959 (in short 'the Act'). Challenging to that, petitioner has filed this writ petition with the following prayer:It is, therefore, prayed that Your Lordships be graciously pleased to admit this writ application, issue rule Nisi in the nature of Writ of Mandamus or any other writ(s) calling upon the Opp. Parties to show cause as to why the notice, requisition vide Annexure-1 & 2, and any resolution passed on 25.7.2004 pursuant to the said notice, requisition shall not be quashed and why the petitioner shall not be allowed to continue as Chairman of Baripada Panchayat Samiti and why an enquiry shall not be made under what circumstances such an illegal resolution is passed. In the event if the Opp. Parties fail to show cause or show insufficient cause, said Rule be made absolut...
Smt. Basanti Bai Vs. Sri Prafulla Kumar Routrai and anr.
Court: Orissa
Decided on: Mar-24-2006
Reported in: 101(2006)CLT685
A.K. Parichha, J.1. This appeal is directed against the appellate judgment passed by Learned Additional District Judge, Bhubaneswar in T.A. No. 17/25 of 1983/1982 confirming the judgment and decree passed by Learned Munsif, Bhubaneswar in O.S. No. 78 of 1980(1) dismissing the plaintiff's suit.2. The appellant, as plaintiff, filed a suit for specific performance of contract against the defendant No. 3 for declaration that the sale deeds executed by defendant No. 3 in favour of defendant Nos. 1 and 2 are illegal, for permanent injunction against defendant Nos. 1 and 2, for confirmation of possession over the suit property and in the alternative for recovery of possession of the same if she is found to be dispossessed. The case of the plaintiff, in nutshell, was that she purchased Ac. 0.85 dec. of land of plot No. 2946 from defendant No. 3 for constructing a house thereon, but finding that there was no approach road to that land, she wanted to buy the suit land out of plot No. 2942 to use...
Rabinarayan Jani Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-24-2006
Reported in: 101(2006)CLT796
P.K. Tripathy, J. 1. Petitioner is the Chairman of Harabhanga Panchayat Samiti in the district of Boudh. He was served with notice Annexure-2 to face the no confidence motion on 30.1.2006, He has filed this writ petition challenging to that notice, inter alia, on the ground that there was no valid resolution and requisition under Section 46-B of the Orissa Panchayat Samiti Act, 1959 to convene a meeting for no confidence motion and therefore the notice Annexure-2 be quashed. In the said context, petitioner also stated that requirement of law in Section 46-B(2)(b), (d), (f-1) and (f-2) were not properly complied with. Opposite party Nos. 2 and 3 have filed counter affidavit and have denied to the aforesaid allegations of non-compliance of the statutory requirement. The caveator/intervener has also filed a counter affidavit and the petitioner has filed a rejoinder to such counter affidavit.2. Referring to Annexures 1 and 2 series, Learned Counsel for the petitioner argued that there was ...
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