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Orissa Court September 2006 Judgments

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Sep 06 2006

Sk. Kalim Vs. State of Orissa and ors.

Court: Orissa

Decided on: Sep-06-2006

Reported in: 2006(II)OLR625

S.B. Roy, C.J.1. By this writ application, the petitioner-detenu seeks to challenge the order of continued detention dated 13.02.2006 passed by the District Magistrate, Ganjam, Chatrapur under the provisions of Sub-section (2) of Section 3 of the National. Security Act, 1980 (for short, 'the Act') with a view to prevent the petitioner-detenu from acting in any manner prejudicial to the maintenance of the public order.2. When the petitioner-detenu was in custody in connection with some police cases, on 13.02.2006 itself, he was served with the order of detention dated 13.02.2006 under Annexure-1 passed by the District Magistrate Ganjam-Chatrapur under the provisions of Sub-section (2) of Section 3 of the Act. The said order of detention dated 13.2.2006 reads as under:Where as I Shri Sanjay Kumar Singh, I.A.S., District Magistrate, Ganjam have been directed in Government of Orissa, Home Department order No. 5574/C dtd. 12.12.2005 to exercise the power conferred by Sub-section (2) of Sect...


Sep 05 2006

Pramod Kumar Mishra, Being Dead His Legal Heirs and Two ors. Vs. Coal ...

Court: Orissa

Decided on: Sep-05-2006

Reported in: 102(2006)CLT853; 2006(II)OLR612

ORDER1. Heard learned Counsel for the petitioners and learned Counsel for the opposite parties.2. Initially, the petitioner-Pramod Kumar Mishra filed this writ petition with a prayer to direct O.Ps. 1 to 3 to give him the notional seniority in the cadre of Assistant Accounts Officer in Grade E-1 with effect from 17.7.1990 at par with his counterpart, who got the promotion to the said cadre having passed the CIL Accounts Examination, Part-I and II in the year 1989 as per the amended cadre scheme circulated by O.P.2 with all consequential service and financial benefit with effect from the said date and to reconsider his case for promotion to the post of Accounts Officer in Grade E-2 at par with O.Ps. 5 and 6.3. The brief facts leading to this writ petition are that the petitioner was appointed as Accounts Clerk Grade-I, in South Eastern Coal Field Ltd. (SECL), South Balanda, Jagannath Area in the District of Dhenkanal, which is a subsidiary of Coal India Ltd. In the year 1989, the petiti...


Sep 05 2006

Upendra Kumar Mohapatra Vs. Bidhumukhi Panda and ors.

Court: Orissa

Decided on: Sep-05-2006

Reported in: AIR2007Ori1

R.N. Biswal, J.1. This is a Second Appeal by one of the defendants, namely Upendra Kumar Mahapatra from the concurrent decision dated 30.4.1986 of the sub-Judge, Bargarh, passed in Title Appeal No. 18 of 1983 by which the suit is decreed.2. Plaintiff Nos. 1 and 2 are wife and husband. As per the plaint averment late Gouri Shankar Mahapatra. father of the defendants, in the capacity of Karta of the Hindu undivided joint family sold A. 1.22 decimals of land as fully described in schedule 'A' of the plaint to plaintiff No. 1 by a registered sale deed dated 22.6.1964 (Ext.5) wherein defendant No. 3 is an attesting witness, to meet the pressing family necessity, delivered possession of it to her and since then the plaintiffs have been possessing the same. Before the sale defendant Nos. 3 and 4 who had already attained majority by then, executed an Ekramama (Ext. 4) authorizing their father, Gouri Shankar Mahapatra to alienate a portion of the joint family property. On 24/25.7.1980 the defen...


Sep 05 2006

Samsad Begum Vs. State of Orissa and ors.

Court: Orissa

Decided on: Sep-05-2006

Reported in: 102(2006)CLT809

Pradip Mohanty, J.1. This revision is directed against the order dated 29.07.2006 passed by the Sessions Judge, Cuttack in Criminal Appeal No. 88 of 2005 rejecting the application filed by the informant to argue before that Court.2. The case of the Petitioner is that the Appellants have been convicted under Sections 498-A and 307 IPC and under Section 4 of the Dowry Prohibition Act by the Assistant Sessions Judge-cum-Chief Judicial Magistrate.(Special), Cuttack in S.T. Case No. 734/ 90 of 2005(sic). They had been sentenced to undergo R.I. for two years and to pay a fine of Rs. 2,000/-, in default to undergo R.I. for three months, for the offence under Section 498-A IPC, to undergo R.I. for three years and to pay a fine of Rs. 5,000/-, in default to undergo R.I. for six months for the offence under Section 307 IPC, and to undergo R.I. for one year and to pay a fine of Rs. 1,000/-, in default to undergo R.I. for one month for the offence under Section 4 of the Dowry Prohibition Act. Bein...


Sep 04 2006

Krishna Garden Welfare Association Vs. Central Electricity Supply Co. ...

Court: Orissa

Decided on: Sep-04-2006

Reported in: AIR2007Ori4

I. Mahanty, J.1. The Krishna Garden Welfare Association a registered society under the Societies Registration Act, 1860 which has been established with an object of looking after welfare and development of the house owners of Krishna Garden Community, Phase-II situated at Barbari, Khandagiri, Bhubaneswar in the District of Khurda, has filed the present writ petition seeking various reliefs, but in course of hearing of this matter, the petitioner has confined its prayer to Clause b of the prayer which is quoted herein below:(b) Direct O.P. No. 1 to take over the HT & LT installations of Krishna Garden Complex (phase-II) including the service connections and supply electricity directly to the individual consumers and submit bill as per the approved rate for domestic consumers and O.P. No. 1 be restrained from disconnecting the 'single point' H.T. supply till a final decision is arrived at in the present writ application.2. From the pleadings in the present proceeding, it is clear that on...


Sep 01 2006

Shadiram Sharma @ Dhanchalia and anr. Vs. Dinesh Kumar Modi and anr.

Court: Orissa

Decided on: Sep-01-2006

Reported in: 2006(II)OLR549

M.M. Das, J.1. Though both these Second Appeals were listed for admission and both the parties have entered their appearance, they were taken up for hearing with regard to the question as to whether the appeals involve any substantial question of law.2. The facts of the case reveal that the respondent No. 1 -in R.S.A. No. 646 of 2003, as plaintiff, filed Title Suit No. 67 of 2001 (T.S. No. 23/98) before the learned Civil Judge (Junior Division), Cuttack praying for eviction of the appellants and the respondent No. 2 and for other consequential reliefs. The plaintiff pleaded that he is the owner of the Holding No. 266 of Ward No. 11 of the Cuttack Municipal Corporation and the defendants are monthly tenants with respect of the said house since 1977. As they defaulted in payment of monthly rent, an application under Section 7 of the Orissa House Rent Control Act, 1967 (which was in force then) was filed for eviction of the tenants which was registered as H.R.C. No. 53/1983. An objection ...


Sep 01 2006

Shivendra Narayan Bhanjadeo @ Shivendra Narayan Rabindra Narayan Bhanj ...

Court: Orissa

Decided on: Sep-01-2006

Reported in: 2006(II)OLR727

ORDERPradip Mohanty, J.1. Heard Mr. Sahoo learned Counsel for the petitioner, and Mr. Behera, learned Addl. Government Advocate.2. This revision is directed against the order dated 15.07.2006 of the learned S.D.J.M., Bhubaneswar passed in G.R. No. 2538 of 2004 rejecting the petition of the petitioner under Section 457, Cr.P.C. and refusing to release his pistol bearing No. 105637.3. Counsel for the petitioner submits that the petitioner is the licensee of the aforesaid pistol. He had purchased the same for his own safety. Production of pistol is the condition precedent for renewal of licence. Due to seizure of the pistol, he is unable to renew the licence and there is also danger to his life. Further, the pistol in question is a costly one and requires maintenance at a particular interval of time and if it is allowed to be kept in Malkhana for a pretty long time, it will be damaged.4. Mr. Behera, learned Addl. Government Advocate, on the other hand, submits that the petitioner is an ac...


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