Orissa Court September 2006 Judgments
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Asharafi Singh Vs. Kapildeo Rai (Dead) by Lrs. and ors.
Court: Orissa
Decided on: Sep-19-2006
Reported in: 103(2007)CLT207
AR. Lakshmanan, J.1. Heard Learned Counsel appearing on behalf of both sides.2. The Counsel for the Appellant argued on only one contention before the High Court that the land in question does not come within the provisions of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (for short 'the Act') inasmuch as the Appellant had purchased the land in question through registered sale deed dated 12-1 -1983 and by notification dated 9-1-1978, the village where the land is located has come within the jurisdiction of the Patna Regional Development Authority and, therefore, the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 has no application. The said contention was reiterated by the Learned Counsel for the Appellant before us. The said contention, in our view, has no force. Section 2(9) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 defines the 'land' which means agricultural land and includes horticultu...
indira Gandhi Mahila Mahavidyalaya and anr. Vs. the Council of Higher ...
Court: Orissa
Decided on: Sep-15-2006
Reported in: 103(2007)CLT395; 2006(II)OLR774
ORDER1. In the three writ petitions, the petitioners challenge the notification dated 30.5.2006 issued by the Council of Higher Secondary Education, Orissa cancelling the examination in Psychology Paper-I of the +2 Arts Examination, 2006 held on 9.3.2006 in Indira Gandhi Mahila Mahavidyalaya, Jajpur Road and as such common question of fact and law being involved, on the prayer and consent of the learned Counsel for the parties, they were taken up together and ere disposed of by this common order.2. Petitioners in W.P.(C) No. 9682 of 2006 are the Governing Body of Indira Gandhi Mahila Mahavidyalaya and its Principal whereas in W.P.(C)Nos. 9465 and 10170 of 2006 some of the examinees are the writ petitioners.3. Indira Gandhi Mahila Mahavidyalaya, Jajpur Road was established in the year 1987 and is an aided private college having been affiliated to the Council of Higher Secondary Education, Orissa. This college was made a centre of examination for +2 Arts and Science streams of the Counci...
Logen Kumar Samal @ Bhalu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-15-2006
Reported in: 2006(II)OLR620
M.M. Das, J.1. In this Habeas Corpus petition under Article 226 of the Constitution of India, the petitioner-detenu challenges the order of detention dated 20.10.2005 issued by the District Magistrate, Ganjam, Chatrapur under Section 3(2) of the National Security Act, 1980 (for short, 'the Act') as illegal and unsustainable.2. The order of detention dated 20.10.2005 was served on the petitioner-detenu on 21.10.2005 when he was in custody in the Circle Jail, Berhampur in connection with some police case along with grounds of detention. The petitioner-detenu was also informed that he has a right to file representation before the State Government, the Advisory Board and the Central Government under Section 14 of the Act. Accordingly, the petitioner-detenu made representation to the State Government which was rejected by it (State Government) by order dated 28.11.2005. The Central Government receiving the representation on 6.12.2005 rejected the same by its order dated 16.12.2005 and the o...
Smt. Kiranbala Singh Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-13-2006
Reported in: 102(2006)CLT585; 2006(II)OLR760
P.K. Mohanty, J.1. The writ petitioner, who is the Chairperson of Jatni Municipal Council, Jatni in the district of Khurda, has approached this Court with the following prayer:It is therefore prayed that this Hon'ble Court may graciously be pleased to issue Rule NISI to the Opp. Parties to show cause as to why:(i) The order No. 2439, dt. 24.7.2004 under Annexure-6 shall not be quashed.(ii) The resolution dated 5.11.2004 said to have been passed by the Jatni Municipal Council presided over by the Vice-Chairman, O.P. No. 5 signed on 9.11.2004 under Annexure-2 shall not be quashed.(iii) Confirming the later resolution dated 5.11.2004 presided over by the Vice-Chairman under Annexure-7 shall not be quashed.(iv) The opposite party No. 1 and 2 shall not be directed to take necessary action against the opposite party No. 3 who as acted excess violating provision of all Rules and guidelines.(v) An inquiry shall not be conducted by the agency like Vigilance Department with regard to misutilisat...
Sri Madan Mohan Das Vs. the Secretary to Govt. of Orissa, Education an ...
Court: Orissa
Decided on: Sep-13-2006
Reported in: 102(2006)CLT681
ORDERB.P. Das, J.1. Heard Learned Counsel for the petitioner.2. The grievance of the petitioner in this writ application is that his pension papers have been withheld by O.P. Nos. 4 and 5 on the allegation, that during his tenure as the Principal of O.P. No. 4's College, 483 numbers of books were missing from the Library. In the counter affidavit filed by O.P. No. 4, nothing has been indicated as regards to any disciplinary proceeding to have been initiated against the petitioner nor was there to show that any liability has been fixed on him, for the aforesaid alleged lapses. In the absence of any finding to the effect that the petitioner is liable for the alleged lapses, the O.Ps. cannot withhold the pension papers of the petitioner.3. Accordingly I allow this writ application directing O.P. Nos. 4 and 5 to forward the pension papers of the petitioner to the appropriate authority without any further delay preferably within a period of one month from today....
i.G.R.-cum-excise Commissioner and anr. Vs. Prafulla Kumar Das and ors ...
Court: Orissa
Decided on: Sep-13-2006
Reported in: 103(2007)CLT485; 2006(II)OLR821
P.K. Mohanty, J.1. The Inspector General of Registration-cum-Excise Commissioner, Orissa and the Sub-Registrar, Soro are the writ petitioners against the orders of the Tahasildar, Soro, in a suo motu Mutation Proceeding on the basis of a letter of the Collector, Baiasore and allowing a 4' passage to O.P. No. 1's land by carving out a 4' wide Road to the O.P. No. 1's land from out of the premises of the Sub-Registrar, Soro, recorded in the name of the Government in P.W.D. Department which has been confirmed in appeal by the Sub-Collector, Baiasore and the order of the Commissioner, Land Records in revision.2. The brief facts of the petitioners' case are that a Suo Motu Mutation Proceeding registered as Misc. Case No. 1 of 1991 was initiated by the Tahsildar, Soro on the basis of the order of the Collector, Baiasore communicated in Letter Nc.5290 dtd.30.9.1991. One Prafulla Kumar Das, Opp. Party No. 1 moved the Collector that he had purchased a patch of land bearing Hal Plot No. 64 under...
State of Orissa Vs. Madhusudan Sahu and ors.
Court: Orissa
Decided on: Sep-13-2006
Reported in: 2007CriLJ440
A.K. Parichha, J.1. This is on appeal by the State against the order of acquittal of the respondents recorded by the learned Assistant Sessions Judge, Chhatrapur in Sessions Case No. 31 of 1985.2. Briefly stated, the prosecution case is that the injured P.W. 6 and the respondent-accused persons were inimical to each other and number of litigations were going on between them. The accused persons had also threatened P.W. 6 and his family members with dire consequences. In such background, on 23-4-1983 at about 3.00 p.m. while P.W. 6 was coming with P.W. 5 on a bicycle from village Hatiota to Polasara, the accused persons armed with deadly weapons obstructed them at a place called 'Kolamabadalanala' and while the accused persons namely, Banshi, Klrtana, Kati Sahu and Ramesh obstructed P.Ws. 5 and 6, accused Madhusudan Sahu and Kalu Charan Sahu dealt Kati (sword) blows on the left leg of P.W. 6, as a result of which his leg was severed from the body. It is also alleged that accused Debendr...
Rabindra Kumar Pati Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-12-2006
Reported in: 2007CriLJ819
A.S. Naidu, J.1. The ICICI Bank conducted auction sale of a tractor and trolley on 30-1-2006. The offer of the petitioner being highest, the same was accepted. The petitioner paid a sum of Rs. 2,05,000.00 and Rs. 30,000.00 towards the cost of tractor and trolley bearing registration numbers OR-02-AE-2859 and OR-02-AE-2860 respectively and possession thereof was handed over to him. After taking over possession of the tractor and trolley the petitioner, it is submitted, spent an amount of Rs. 1,30,000.00 towards cost of repair thereof and cost of accessories to bring the same in running condition. He also deposited the required Road Tax with the RTO, Bhubaneswar and obtained receipts thereof.2. While matter stood thus, on the basis of a complaint filed by present opposite party No. 2 the aforesaid ICC No. 719/06 was registered in the Court of the learned SDJM, Bhubaneswar which was subsequently registered as G.R. Case No. 1100 of 2006. It was alleged that though opposite party No. 2 had ...
Parsuram Patra Vs. State
Court: Orissa
Decided on: Sep-12-2006
Reported in: 2007(1)OLR233
ORDERA.K. Parichha, J.1. Though this matter has been listed for admission, on the consent of the learned Counsel for the parties, the same is taken up for final disposal.2. This revision is directed against the order dated 27.6.2005 passed by the learned Addl. Sessions Judge, Fast Track Court, Baripada in S.T. No. 8/152 of 2004 rejecting the petition filed by the petitioner under Section 311, Cr.P.C. to recall the chemical examiner for cross-examination in connection with his report Ext.9.3. M/s. S. Nanda, learned Counsel appearing for the petitioner submits that some clarification regarding the report of the chemical examiner, Ext. 9 is necessary for proper adjudication of the case and therefore, the order of rejection is not at all proper. In support of her contention, she cites the case of Kanu @ Chhabindra Dalei v. State of Orissa 2006 (11) OLR 169.4. Mr. A. K. Mishra, learned Addl. Government Advocate appearing for the State counter argues that the report of the chemical examiner ...
Laxman Nari Vs. State of Orissa
Court: Orissa
Decided on: Sep-08-2006
Reported in: 2006(II)OLR617
A.K. Samantaray, J.1. In this Criminal Appeal the appellant calls in question the order of conviction and sentence dated 18.1.1989 passed in S.T. Case No. 8/19 of 1988 by the learned 1st Addl. Sessions Judge, Puri convicting him under Section 323 of the Indian Penal Code and sentencing him S.I. for six months.2. The prosecution case is that on 10.3.1987 at 1.10 P.M. this appellant and deceased Ekadasi Nari assaulted the informant and others and this appellant gave a knife blow on the left arm of the informant as a result of which he sustained bleeding injuries and deceased Ekadasi assaulted the informant on his knee by means of a lathi. During this occurrence Jatadhari Nari and Babaji Nari, who are brothers of the appellant and the deceased as well as of the informant came near the spot and they were also assaulted by the deceased Ekadasi by means of a lathi. As a result of such assault by this appellant and his deceased brother, Jatadhari Nari sustained swelling injuries on his should...
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