Orissa Court November 2007 Judgments
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Kanka Singh Vs. State of Orissa
Court: Orissa
Decided on: Nov-16-2007
Reported in: 105(2008)CLT422
P.K. Tripathy, J.1. Prosecution case is that Sutan Dehury (hereinafter referred to as the deceased), on the date of occurrence, in the evening hours left the cattle in his master's house and went out. P.W. 1, the informant was his master. At about 7 p.m., Subash Chandra Mohanta (P.W. 1), Padmalochan Barik (P.W. 3) and Baya Singh (P.W. 9) came and informed P.W. 1 that accused committed murder of the deceased by means of Bamboo lathi. On hearing that P.W. 1 together with others rushed to the spot and they discovered that deceased was lying dead with injuries. Suni Singh, wife of the accused was also lying with injuries and the accused was standing there with a Bamboo lathi. On being asked by P.W. 1, he admitted to have assulted Suni Singh as well as the deceased because they were found in objectionable position. P.W. 1, therefore, lodged the F.I.R. Ext. 1 and set the law into motion. After routine investigation charge-sheet was submitted against accused, as noted above, for the offence u...
Mosheb Ahemed Sidik Vs. Regional Transport Authority and ors.
Court: Orissa
Decided on: Nov-16-2007
Reported in: 2008(I)OLR9
I.M. Quddusi, J.1. This writ petition has been filed praying for recovery of the vehicle bearing registration number OR-04-E-4717 from opposite party No. 2-Bank and to hand over the same to the petitioner and for a direction that the tax and penalty for the seizure period be recovered from opposite party No. 2 and further to cancel the licence of opposite party No. 2.2. The brief facts of the case are that the writ petitioner took a loan from the Induslnd Bank Limited for purchase of a truck bearing registration number OR-04-E-4717. It is alleged that though the petitioner was paying the instalments regularly, the truck in question was taken possession of by the Bank authorities by use of force, as alleged, on 10.6.2007. Although the petitioner moved the authorities for release of the truck, they did not release the same. Therefore, the petitioner filed a complaint before the District Consumer Forum registered as C.C. Case No. 372 of 2007 and the Consumer Forum on 19.7.2007 passed the ...
Nrusingha Charan Jena Vs. State of Orissa
Court: Orissa
Decided on: Nov-14-2007
Reported in: 105(2008)CLT300; 2008(I)OLR13
ORDERR.N. Biswal, J.1. Even though the case was listed to date for admission, on consent of learned Counsel for both parties, the case is taken up for final disposal.Heard.In this case the petitioner has challenged the order dated 9.8.2007 passed by the J.M.F.C., Khariar in G.R. Case No. 261 of 2002 wherein he refused to allow the petition under Section 205 of Cr.P.C.2. Learned Counsel for the petitioner submits that the petitioner is a cardiac patient and he suffers from hypertension also. In support of his submission he filed the attested Xerox copy of the medical report of Shashan Medical Hall, Bhubaneswar showing that his blood pressure was 150/100 on 10.11.2007. He also filed another medical report of Cardiology Department of S.C.B. Medical College and Hospital, Cuttack, wherein he was advised to undergo treadmill test and on undertaking that test it was found that he was suffering from heart ailment.3. The petitioner is alleged to have committed offence under Sections 418/419/467...
Dillip Kumar Sahoo and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-14-2007
Reported in: 2008(I)OLR162
B.P. Das, J.1. The petitioners in this writ application under Articles 226 & 227 of the Constitution of India have prayed for a direction to the O.Ps. to upgrade fifteen posts of Bench Clerk/Peskar attached to the Hon'ble Judges of the Orissa High Court to that of Court Master in the rank of Superintendent Level-ll.2. The brief facts leading to this writ application are as follows:The petitioners were recruited to the establishment of this Court as Junior Assistants and in usual course promoted to the next higher grade, i.e., Senior Assistant. On the date of filing of this writ application, all the petitioners except petitioner No. 1 were continuing in the cadre of Senior Assistant and D. K. Sahoo-petitioner No. 1 was promoted to the cadre of Superintendent, Level-II and all of them were posted to work as Peskar/Bench Clerks in different Benches of the Court. According to the petitioners, this Court had recommended to the State Government for designating the Bench Clerks/Peskars as Cou...
Prasant Kumar Lenka Vs. Orissa Small Industries Corporation Ltd. and o ...
Court: Orissa
Decided on: Nov-14-2007
Reported in: (2008)2LLJ879Ori
B.P. Das, J.1. In these three writ applications the facts and the relief sought for being same and similar, they were heard together and are being disposed of by this common order. The challenge in these writ applications is to the order dated May 16, 2001 passed by the Managing Director, Orlssa Small Industries Corporation Ltd. (OSIC), O.P. 2, so far as it relates to the reversion of the petitioners, then working in the Head office/Raw Material Depots of the OSIC, to their parent organisation, i.e. Orissa Pump and Engineering Company Ltd. (OPEC).In the aforesaid impugned order dated May 16, 2001, the name of the petitioner in, O.J.C. No. 6878/2001, who was working as Senior Assistant, finds place at serial No. 7 whereas the names of the petitioner in O.J.C. Nos. 6887 and 6890 of 2001, who were working as Helpers, find place at serial Nos. 8 and 9-respectively.2. The brief facts necessary for disposal of these writ applications are as follows:The petitioner in O.J.C. No. 6878/2001-was ...
Sri Prashanta Kumar Jena Vs. Sri P.C. Das Adhikary and anr.
Court: Orissa
Decided on: Nov-14-2007
Reported in: 105(2008)CLT727
ORDERI. Mohanty, J.1. In the present writ application, the Petitioner has sought to challenge the Order Dated 28.11.2006 (Annexure-3) passed by the Addl. Civil Judge (Sr. Divn.), Balasore in T.S. No. 306 of 1990-1. By the said order, Learned Civil Judge has been pleased to allow a petition filed by Opp. Party No. 1 (Defendant No. 1) seeking 'to record his evidence by a Commission.2. Learned Counsel or the Petitioner submits that in the petition filed by Opp. Party No. 1 for deputation of a Commission, except making some bald statements, no documentary evidence was produced before the Court along with the petition filed under Order 26, Rule 1 C.P.C. Learned Counsel draws my attention to the objection filed by his client in which he had specifically pointed out that the Court should not have considered that application since no medical certificate was attached to it showing that he was ailing or not. He further submits that though the age of Defendant No. 1 was 65 at that point of time, ...
Orissa Olympic Association Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-14-2007
Reported in: [2008(116)FLR584]; (2008)IILLJ279Ori
Indrajit Mohanty, J.1. Heard S. Mishra, learned Counsel for the petitioner-Orissa Olympic Association and P.P. Ray, learned Counsel for Employees' State Insurance Corporation.2. The learned Counsel for the petitioner submits that petitioner-Association is a registered society in the name and style Orissa Olympic Association. This writ petition has been filed, inter alia, challenging Annexure-4, which is an intimation initiating a certificate proceeding. Further prayer of the petitioner is for a direction to the State to consider its application for granting exemption from the purview of the coverage of the Employees' State Insurance Act, 1948 (hereinafter referred to as the 'Act'). Application for the said purpose has been submitted by the petitioner since February, 2005.3. Learned Counsel for the petitioner further submits that the impugned certificate proceeding under Annexure-4 is without jurisdiction, inasmuch as, no certificate proceeding should have been initiated without first d...
Sri Kailash Chandra Mohanty and ors. Vs. State of Orissa
Court: Orissa
Decided on: Nov-13-2007
Reported in: 2008(I)OLR283
A.K. Parichha, J.1. This appeal is directed against the judgment passed by the learned Additional District Judge, Bhadrak in Title Appeal No. 14 of 1991 confirming the judgment and decree of the learned Munsif, Bhadrak passed in O.S. No. 138/91-1.2. The appellants as plaintiffs filed the above noted suit against the respondent seeking a declaration that the entire proceeding undertaken by the respondent for acquiring the suit schedule land as illegal, void and that he is not to be evicted from the said land. The case of the plaintiffs, in brief, was that they purchased the suit land situated in M.S. Khata No. 586 from one Nilei Barik on 10.10.1975 for a consideration of Rs. 4,000/- through a registered sale deed and remained in possession of that land. They averred that the suit land is situated within Basudevpur N.A.C. area and is a valuable piece of land, which they had kept for raising an industry. Although the said land is not fit for goacher, the respondent tried to acquire that l...
Pratap @ Alok Kumar Barik Vs. the State
Court: Orissa
Decided on: Nov-13-2007
Reported in: 2008(I)OLR368
L. Mohapatra, J.1. The appellant having been convicted for commission of offence under Section 302 of the Indian Penal Code and sentenced to imprisonment for life in S.T. No. 31 of 1999 by the learned Sessions Judge, Khurda at Bhubaneswar has preferred this appeal challenging the order of conviction and sentence.2. Case of the prosecution is that the appellant is the husband of deceased Rama. Marriage between the appellant and the deceased was solemnized in the year 1993 and they had a male child namely Satyabrata. Allegation of the prosecution is that the appellant was addicted to narcotic drugs and ran into debt, as a result of which he had strained relationship with his wife. In the night of 23/24 of April, 1998 the appellant went to bed with the deceased and child in their living room situated in the ground floor. At about 4 P.M. in the morning the appellant woke up his father (P.W.1) who was sleeping, informed him that he killed his wife and left for the police station with his mi...
Trinath Sahu and anr. Vs. Smt. Polaki Sridevi Patro
Court: Orissa
Decided on: Nov-12-2007
Reported in: 105(2008)CLT865; 2008(I)OLR174
A.K. Parichha, J.1. This is a defendant's appeal against the judgment and decree passed by the learned District Judge, Ganjam-Gajapati, Berhampur in RFA No. 15 of 2005 confirming the order of eviction passed by the learned Civil Judge (Senior Division), Berhampur in T.A. No. 137 of 1995.2. The present respondent as plaintiff filed the above suit with the pleading that she is the owner and landlord of the suit house and she inducted the present appellants as tenants in that house, but the appellants-tenants defaulted in payment of rent. She also pleaded that she needed the suit house for her personal use and therefore, served a notice under Section 106 of the Transfer of Property Act (hereinafter to be referred to as 'the Act', in short) asking the appellants to quit the house, but when the latter failed to vacate the house, she filed the suit for eviction and damages.3. The appellants-defendants admitted the relationship between the parties, but pleaded, inter alia, that they never def...
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