Orissa Court June 2006 Judgments
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State of Orissa (L.A. Collector) Vs. Purna Chandra Pradhan and anr.
Court: Orissa
Decided on: Jun-21-2006
Reported in: 2006(II)OLR461
A.K. Parichha, J.1. This is an appeal by the State against the order of learned Sub-ordinate Judge, Cuttack in L.A. Case No. 286 of 1978 enhancing the quantum of compensation fixed by Land Acquisition Collector, Cuttack in respect of the land of the respondents.2. The appellant acquired A.0. 212 dec. of land appertaining to plot Nos. 1316, 1315, 1317 and 1319 under Khata No. 538 of Mouza Bara Bisinabar, Cuttack belonging to respondents for construction of staff quarters of Judicial Officers at Cuttack. The Land Acquisition Collector awarded compensation for the acquired land at the rate of Rs. 1 lac per acre. But the respondents were not satisfied with that award and prayed for reference of the matter under Section 18 of the Land Acquisition Act. The matter was accordingly referred to learned Sub-ordinate Judge, Cuttack, who conducted inquiry and passed the impugned order. In that proceedings, the respondents examined respondent No. 1 as p.w.1 and one Advocate's Clerk, as p.w.2 and pro...
Shanti Dei and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-21-2006
Reported in: 2006(II)OLR470
A.K. Parichha, J.1. Petitioners are all Ward Members of Bajapura Grama Panchayat under Mahanga Block in the district of Cuttack. Their grievance is that the Sarpanch of that Panchayat did not convene any meeting of the Gram Panchayat or Pali Sabha in spite of their repeated demands, as a result of which the funds received from 11th Finance Commission and other sources could not be utilised and developmental work of the Panchayat could not be undertaken. They claim that they made representation to the Collector, Cuttack and in spite of direction of the Collector and District Panchayat Officer; the Sarpanch neither called any meeting nor attended to any developmental work. So, finding no other way, they filed G.P.Misc. Case No. 21 of 2003 before the Collector, Cuttack demanding disqualification of Sarpanch under the provision of Section 25(2)(b) of the Orissa Grama Panchayat Act (in short, 'the Act') pleading inter alia that the Sarpanch failed to attend four consecutive meetings from Ja...
Land Acquisition Officer Vs. Nanda Kishore Patwari
Court: Orissa
Decided on: Jun-21-2006
Reported in: 2006(II)OLR474
A.K. Parichha, J. 1. This is an appeal preferred by the State against the order dated 17.12.1981 passed by the learned Subordinate Judge, Bargarh in L. A. Misc. Case No. 60 of 1981 enhancing the quantum of compensation awarded by the Land Acquisition Collector for the acquired land of the respondent.2. Ac. 0.38 dec. of land in Plot No. 2987 of holding No. 213 of Bargarh belonging to the respondent was acquired for the Co-operative Sugar Mill, Bargarh. The Land Acquisition Collector awarded compensation of Rs. 1311/- and statutory interest thereon for the said land of the respondent. Not being satisfied with the said award, the respondent prayed the Land Acquisition Collector to refer the matter to the Subordinate Judge, Bargarh under Section 18 of the Land Acquisition Act for determining his claim for higher compensation. The respondent claimed that the rate of compensation for the acquired land should be Rs. 1000/- per dec. as that was the prevalent market rate of the locality and com...
The Golden Land Developer Ltd. Vs. Patitapaban Sahu and ors.
Court: Orissa
Decided on: Jun-21-2006
Reported in: AIR2006Ori173
ORDERL. Mohapatra, J.1. This writ application is directed against the order dated 9th March, 2006 passed by the learned Second Additional District Judge, Berhampur in F.A.O. No. 3 of 2006 dismissing the appeal and confirming the order dated 25th January, 2006 passed by the learned Civil Judge (Sr. Division), Berhampur in LA. No. 107 of 2005.2. Plaintiff is the petitioner before this Court. The suit has been filed by the petitioner for declaration of right, title, interest and possession over the suit land with a prayer for permanent injunction. In the said suit, an application under Order 39, Rules 1 and 2 of C.P.C. was filed by the petitioner to restrain the defendants-opposite parties from interfering in the possession and enjoyment of the suit lands by the petitioner. The case of the petitioner is that it is engaged in development of real estate and establishment of housing projects. It had purchased the suit property covering an area of Ac.5.841 decimals under Khata No. 697 in Mouz...
Hiralal Agarwal and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jun-20-2006
Reported in: 2006CriLJ3809; II(2006)DMC624; 2006(II)OLR128
A.S. Naidu, J.1. On the basis of an FIR filed on 5.10.2005 by opposite party No. 2 Smt. Sunita Agarwal alleging commission of offences under Sections 498A/325/307/506/34 IPC read with Section 4 of the Dowry Prohibition Act, Bargarh P.S. Case No. 512/05 was registered which was subsequently converted to G.R. Case No. 993/05 in the Court of the SDJM, Bargarh. Opposite party No. 2 asserted in the said FIR that she had married petitioner No. 1 according to caste customs and that after the marriage she went to her in-laws' house situated at Talcher and stayed there with her husband. At the time of marriage, necessary ornaments and other articles were given to her by her parents at the time of marriage, but in spite of that her husband petitioner No. 1 and other petitioners who are her in-laws tortured her and demanded her to bring a sum of Rs. 1,00,000.00 from her father. On that account they used to torture her and on 23.5.2002 made an attempt to murder her by pushing her down from the ter...
Chandrasekhar Mohanty Vs. Japani Sahoo
Court: Orissa
Decided on: Jun-20-2006
Reported in: 2006(II)OLR133
A.S. Naidu, J.1. On the basis of a complaint petition filed by the opposite party on 5.2.1996 I.I.C. No. 45 of 1996 was registered in the Court of S.D.J.M., Bhubaneswar. In the said complaint petition it was, inter alia, alleged that the petitioner, who was an Officer of the Police Department had committed offences punishable under Sections 161/294/323/506 of the I.P.C. Learned S.D.J.M., Bhubaneswar by order dated 8.8.1997, on being prima facie satisfied that materials are available, took cognizance of the offences under Sections 294 and 323 of the I.P.C. only. The said order is assailed before this Court invoking inherent jurisdiction mainly on the ground that the case had become barred by limitation as on 8.8.97 and as such the order taking cognizance was hit by Section 468 of the Code of Criminal Procedure and is liable to be quashed. It was also contended that the allegations levelled were false and frivolous and the complaint petition was filed with an avowed oblique motive of har...
Smt. Gyana Sundari Pradhan Vs. Smt. Chandrama Pradhan and ors.
Court: Orissa
Decided on: Jun-20-2006
Reported in: 102(2006)CLT273
P.K. Tripathy, J.1. The writ petitioner and opposite party No. 1 are respectively the defeated and successful candidates in the election to the post of Chairman of G. Udayagiri Block in the district of Kandhamal (Phulbani). Petitioner filed Misc. Judicial Case (Election) No. 20 of 2002 in the Court of Civil Judge (Sr. Division)-cum-Election Commissioner, Balliguda to set aside the Election of opposite party No. 1 as the Chairman of the Panchayat Samiti and also to declare her (petitioner) as elected Chairman of the said Panchayat Samiti, Learned Civil Judge by Judgement dated 31.10. 2003 allowed that Misc. Judicial Case in part by setting aside the election of Opposite party No. 1 as Member of Panchayat Samiti from Malikpadi Grama Panchayat and consequentially as the Chairman of G. Udayagiri Block but notified a casual vacancy as a consequence of that order. As against that order, opposite party No. 1 preferred Election Appeal No. 16 of 2003 and the petitioner preferred Election Appeal...
Reliance Wires Pvt. Ltd. Vs. State Bank of India, Commercial Branch an ...
Court: Orissa
Decided on: Jun-20-2006
Reported in: I(2007)BC211; 2006(II)OLR263
1. Heard learned counsel for the parties.2. It is no doubt the that the petitioner has taken a own from the State of Bank of India, Commercial Branch, IDCOL House, Unit-II, Ashok Nagar, Bhubaneswar and has repaid some amount against the said loan. For non-payment of the balance dues of the loan a proceeding was initiated by the Bank-Opp.party No. 1 before the Debts Recovery Tribunal, Cuttack and now the same is pending. In the mean time, the petitioner has tried to liquidate the Bank's dues by offering One Time Settlement. Unfortunately, the OTS offered by the Bank failed in June 2004. In an earlier writ petition filed by the petitioner, i.e., OJC No. 6002 of 2002 an interim order had been passed directing the petitioner to re-pay the entire outstanding loan amount, by depositing a sum of Rs. 4,50,000/- by the end of October, 2005 and the balance amount by the end of December, 2005. Unfortunately, the petitioner could not repay the said amount, The present writ petition was filed by th...
Executive Engineer, Camps and Building Division Vs. Presiding Officer, ...
Court: Orissa
Decided on: Jun-20-2006
Reported in: 102(2006)CLT430; [2006(111)FLR135]; 2006(II)OLR216
A.S. Naidu, J.1. The award dated 14th September, 1992 passed by the Presiding Officer, Labour Court, Bhubaneswar in I.D. Case No. 69 of 1989 is challenged in this Writ application invoking jurisdiction under Articles 226 and 227 of the Constitution of India.2. Opposite party No. 2- Rajendra Kumar Sahoo was working as an NMR Watchman in the establishment under the petitioner. His services were terminated by striking off his name from the muster roll. He raised a dispute. Conciliation having failed, the State Government in exercise of its power conferred upon it under Section 12 read with Section 10 of the Industrial Disputes Act, referred the following dispute to the Labour Court, Bhubaneswar for adjudication :-Whether the action of the Executive Engineer, Camps and Buildings Division, Samal, District Dhenkanal in dispensing with the services of Sri Rajendra Kumar Sahu, Watchman by way of striking off his name from the muster roll with effect from 24,6.1988 is legal and/or justified If ...
Sri Ajay Kumar Sahoo, Vs. State of Orissa, Represented Through Its Sec ...
Court: Orissa
Decided on: Jun-20-2006
Reported in: I(2007)ACC488; AIR2006Ori188; 102(2006)CLT549
P.K. Tripathy, J.1. Since all the aforesaid three writ petitions, on consent of the parties were heard analogously, being involving common question of law, such writ petitions are disposed of by this common judgment.2. In W.P.(C) No. 6070 of 2003 case of the petitioner is that he is a state carriage operator within the State. The Opp. Parties 2 to 4 i.e., State Transport Authority, Orissa, Chairman, State Transport Authority, Orissa and Secretary, State Transport Authority, Orissa together with the Opp. Parties 6 and 7, i.e., the Chairman, State Transport Authority, West Bengal and Secretary, State Transport Authority, West Bengal, who are the countersigning authorities, are illegally grating temporary stage carriage permits in breach of the provisions of Motor Vehicles Act, 1988 (in short 'the Act') and more particularly provision in Section 88(1) of the said Act. Petitioner's further case is that both the State Governments are deliberately not determining the routes to be opened as I...
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