Orissa Court January 2007 Judgments
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Kshetramohan Dwary and anr. Vs. Sub-divisional Officer-cum-revenue Off ...
Court: Orissa
Decided on: Jan-10-2007
Reported in: 103(2007)CLT296
A.S. Naidu, J.1. The orders passed by the O.L.R. authorities, vide Annexures-2 and 3 to this Writ application, in a proceeding under Section 23 of the Orissa Land Reforms Act declaring a sale deed executed in favour of one Kshetramohan Dwari, the original Writ Petitioner, who having expired during pendency of this Writ application has been substituted by the present Petitioners, are assailed before this Court.2. The scenario of the case is that aforesaid Kshetramohan Dwari and his son Harilal Dwari had purchased the disputed land from one Jyotish Chandra Patra, the present Opposite Party No. 4, by a registered sale deed. In the year 1986 said Jyotish Chandra Patra filed a petition before the Revenue Officer under Section 23 of the OLR Act inter alia stating that he belonged to a Scheduled Caste community being a 'PANO' by caste and therefore the sale deed executed by him as aforesaid without due permission as mandatorily required under law was ab initio void and accordingly he prayed r...
The Ecp Infotech Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-10-2007
Reported in: 103(2007)CLT215
ORDERI. Mahanty, J.1. In this writ application, the Petitioner-company ECP Infotech, registered under the Companies Act, 1957 has prayed for the following reliefs:i. To set aside the cancellation of Lease Agreement vide Annexure-10;ii. Restraining IDCO to disconnect the Electric Supply to the Petitioner's Unit;iii. For uninterrupted power supply to the Petitioner's Unit without charging for its power back-up facilities through its Generator;iv. To provide all infra structural facilities as provided in Industrial Policy and IT/ICT Policies;v. Payment of compensation amounting to Rs. 99,00,000/- to make good of the loses sustained by the Petitioner Company, andvi. IDCO to refund the rents and electricity charges to the Petitioner illegally and unreasonably collected from it.The Petitioner-company M/s. E.C.P Industries was established in the year 1983-84 under the Companies Act, 1957 and a subsidiary company, i.e., E.C.P Infotech was established on 21.8.2000 and has been registered by the...
Gula and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-10-2007
Reported in: 2007CriLJ2582
1. The appellants call in question the judgment and order dated 24-8-1993 passed by the Sessions Judge, Sambalpur in S.T. Case No. 213 of 1992 convicting the accused-appellants for the offence punishable under Sections 302/307 both read with Section 34 of I.P.C. and sentencing each of them to undergo imprisonment for life for the offence under Section 302/34 of I.P.C. and not passing separate sentence for the offence under Section 307/34 of I.P.C.2. Succinctly stated, case of the prosecution is that on 24-8-1992 at about 6.00 p.m. there was a hot discussion between accused Santosh Nath and deceased Bhaktaram Nath near a tamarind tree in their village, Mundhenpali, relating to damage of ridge of the paddy field belonging to the latter. During this time accused Gula @ Dibya Lochan Nath, the father of the accused Santosh being armed with Lathi rushed to the spot and inflicted a blow with it on the head of the deceased causing bleeding injury. Sometime thereafter, accused Santosh Nath, Sur...
Executive Engineer, Sundargarh Irrigation Division and Two ors. Vs. Sr ...
Court: Orissa
Decided on: Jan-09-2007
Reported in: AIR2007Ori78; 2007(2)ARBLR486(Orissa); 103(2007)CLT226
M.M. Das, J.1. This writ petition has been filed by the State of Orissa in its Irrigation and Power Department along with other officials of the State as Petitioners, calling in question the legality of the order dated 28.12.2002 passed by the Learned Arbitrator, Justice Shri P.C. Mishra, former Judge of this Court, in the Arbitration Proceeding which was referred to him pursuant to the orders passed in Civil Revision No. 341 of 2000 by this Court.2. In order to appreciate the rival contentions of the respective parties, it is apt to state the facts of the case in brief.A dispute between the Opp. party and the State Government in its Irrigation and Power Department was initially referred to the Special Arbitration Tribunal comprising of Justice Shri B.K. Behera, former Judge of this Court. Later on, the said dispute was transferred to the Arbitration Tribunal and the said Tribunal passed an ex parte award under the Arbitration Act, 1940 (hereinafter referred to as the Old Act). In Misc...
Smt. Shantilata Masanta and ors. Vs. Smt. Rajanimani Nayak and ors.
Court: Orissa
Decided on: Jan-09-2007
Reported in: AIR2007Ori69; 103(2007)CLT238; 2007(I)OLR287
A.S. Naidu, J.1. The order dated 12-3-2004 passed by the Learned Civil Judge (JD), Bhadrak in T.S. No. 6 of 1998-1/383 of 2001 rejecting a petition filed under Order 1, Rule 10 read with Section 151 CPC is assailed by the Petitioners seeking to be impleaded as parties to the Title Suit.2. As the records reveal, the aforesaid Title Suit had been filed by present Opposite party No. 1 inter alia praying for partition of the suit land. Present Opposite party No. 3 who is Defendant No. 2 in the said suit filed his written statement taking the stand that he has sold the suit land to Petitioner No. 1 and another Smt.Brajarani Das by means of a registered sale deed dated 11-9-1998 and has delivered possession thereof to them and they are possessing the same peacefully. It was alleged that after filing his written statement, Opposite party No. 3 was exhibiting no interest to contest the suit. Therefore apprehending great prejudice and irreparable loss to her, Petitioner No. 1 prayed before the ...
Sarbeswar Jena (Dead), After Him, His L.Rs, Pakili Jena and Dinabandhu ...
Court: Orissa
Decided on: Jan-09-2007
Reported in: 104(2007)CLT29
ORDERM.M. Das, J.1. Heard Mr. Sankarsan Rath, Learned Counsel appearing for the Petitioners and the Learned Counsel appearing for opp. parties 2 and 3. None appears for the Opp. Party No. 1 though she is represented by a Counsel.2. The Petitioners in this Writ Petition have challenged the Order dated 18.9.2003 passed by the Joint Commissioner, Settlement and Consolidation, Bhubaneswar (for short, 'the Commissioner) in Consolidation Revision No. 424 of 2002 confirming the Order dated 15.1.1987 passed by the Assistant Consolidation Officer (for short, the ACO) in Partition Case No. 465 of 1996 on the ground that the impugned order passed by the ACO is without jurisdiction and also cannot be sustained on merit.3. The case of the Petitioners is that one Priya Nath Dey was the recorded tenant in the C.S. records of 1928 Settlement in respect of the disputed land. A registered sale deed dated 8.4.1954 was executed by the said Priya Nath Dey in favour of late Satyabhama Dei @ Satya Dei who is...
Hari Mohan Behera Vs. State Bank of India, Berhampur Branch
Court: Orissa
Decided on: Jan-09-2007
Reported in: AIR2007Ori96
A.S. Naidu, J.1. Judgment-debtor No. 3 in Execution Petition No. 18 of 1992 in respect of a decree passed in Money Suit No. 1 of 1983 /18 or 1973 - BSJC passed by the then Addl. Subordinate Judge. Berhampur seeks to assail the order dated 29-7-2004 passed by the Civil Judge (SD). Aska in I.R. No. 58 of 2003 arising out of the aforesaid Execution Petition. By the aforesaid order the executing Court has rejected a petition filed by the petitioner J. Dr. No. 3 under Section 47 read with Section 151. CPC.2. Admittedly M/s. Utkal Watch & Radio Stores Pvt. Ltd., defendant No. 1 in the aforesaid Money Suit, through its persons in management had availed certain loans from the plaintiff-State Bank of India, Berhampur Branch. The said loans having not been repaid in time, the aforesaid Money Suit was, filed for realization of the dues of the Bank. The suit was decreed for Rs. 2.81,266.87 ex parte against defendants 1 to 5 and 9 and on contest against defendants 6 to 8. The said decree attained f...
L.G. Electronics (India) Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-05-2007
Reported in: 103(2007)CLT358
A.K. Parichha, J.1. The Petitioner-company in this Writ Petition challenges the illegal computation of the surcharge dues payable by a dealer under the Orissa Sales Tax Act, 1947 (in short, the 'OST Act') with the allegation that the relevant provisions of the said Act and the Orissa Entry Tax Act, 1999 (hereinafter called as the 'OET Act') have been misinterpreted.2. The Petitioner is a Public Limited Company engaged in manufacture and sale of electronics goods carrying its business in Orissa and for the purpose is registered under the OST Act. In course of business, the Petitioner regularly imports goods specified in Part-III of the schedule by way of branch transfer or other wise paying Entry Tax as per the provision of Section 3(2) of the OET Act and in its Sales Tax Return claims set off of the Entry Tax amount already paid against the Sales Tax payable under the OST Act. The Petitioner's case is that it had submitted annual Sales Tax Returns for the year 1999-2000 claiming set of...
Lambodar Behera Vs. State of Orissa
Court: Orissa
Decided on: Jan-05-2007
Reported in: 103(2007)CLT399
Pradip Mohanty, J.1. This appeal arises out of the Judgment and Order dated 21.12.1988 passed by the Addl. Sessions Judge, Titilagarh convicting the Appellant under Section 376 IPC and sentencing him to undergo rigorous imprisonment for seven years in Sessions Case No. 61/13 of 1988.2. The case of the prosecution is that the victim (P.W. 1) was working as a maid servant in the house of the Appellant. She was compelled to have continuous sexual intercourse or cohabitation with the Appellant with the assurance of marriage. When the victim conceived, she asked the Appellant to marry her but the latter refused to accept her as his wife. Thereafter, she disclosed the fact of her becoming pregnant before her father (P.W. 2), who took her to P.W. 3, a gentleman of their village, and others and requested them to intervene in the matter. Accordingly, a punch was convened in the village. Since no amicable settlement could be arrived at, P.W. 2 orally reported the matter at Saintala P.S. As the p...
The Governing Body, Palsama +2 College, Represented by Its Secretary a ...
Court: Orissa
Decided on: Jan-05-2007
Reported in: 103(2007)CLT389
ORDER1. Heard.2. The Petitioners are the Governing Body and the Principal of the Palsama +2 College. They challenge the order Annexure-4 by which the Council, Higher Secondary Education, Orissa, Opp. Party No. 1 cancelled Physics Paper-1 of Science stream on the ground of mass mal practice. Petitioners put forth their case that only four students were caught raid handed with incriminating materials and, therefore, all the 98 students appearing at the examination should not be punished. It reveals from the rejoinder filed today that Petitioners plead their innocence and alleges that a false report was submitted by the Flying Squad as against the examinees of Physics Paper-1, which examination was conducted on 06-03-2006. On the other hand Opp. Party Nos. 1 and 2 have stated in their counter that the Flying Squad found the students being indulged in mass mal practice, persons who were not assigned with invigilation duty were in the surrounding area of the examination center. Accordingly ...
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