Orissa Court February 2007 Judgments
Nityananda Das Vs. Premananda Das
Court: Orissa
Decided on: Feb-28-2007
Reported in: 2007(I)OLR706
Pradip Mohanty, J.1. This revision is directed against the order dated 10.5.2006 passed by Sub-Divisional Magistrate, Kendrapara in Criminal Misc. Case No. 58 of 2006. 2. This fact of the case in a nutshell is that the present opposite party filed a petition under Section 133 Cr.P.C. before the Sub-Divisional Magistrate, Kendrapara alleging therein about the obstruction created by the present petitioners over Hal plot Nos. 515 and 518. The Sub-Divisional Magistrate forwarded the petition to the O.I.C., Pattamundai P.S. to enquire and report and to prevent breach of peace between the parties. On receipt of the report from the O.I.C. and considering the facts, circumstances, gravity and urgency of the case, the Sub-Divisional Magistrate by order dated 12.4.2006 initiated a proceeding under Section 133 Cr.P.C. with conditional order directing the petitioners to clear the obstruction by removing the fences within seven days with liberty to file show cause on 22.4.2006 in case the petitione...
Tag this Judgment!Smt. Sita Devi Agarwalla Vs. Gourahari Das and ors.
Court: Orissa
Decided on: Feb-28-2007
Reported in: 103(2007)CLT757
A.S. Naidu, J.1. The Order dated 7-10-2005 passed by the learned Civil Judge (SD), Bhadrak in T.S. No. 28-1 of 1972 (FD) is assailed in this Writ Petition. It appears that the aforesaid Title Suit which was one for partition had been filed by the mother of present Opposite Parties 2 to 8. The said suit was dismissed. Challenging that dismissal judgment First Appeal No. 91 of 1975 was filed before this Court. This Court by judgment passed on 16-9-1989 allowed First Appeal and remanded the suit to the trial court for fresh disposal with certain observations. The judgment passed in the First Appeal was then challenged in AHO No. 60 of 1989. But then the said AHO was dismissed by this Court confirming the judgment passed in the First Appeal. After remand of the suit, the trial court by judgment dated 29-11-2001 decreed the suit and passed preliminarily decree on 7.12-2001. Thereafter defendant No. 6 in the suit initiated final decree proceeding and the same is pending. In the final decree ...
Tag this Judgment!Daba @ Sudarsan Das Vs. State of Orissa and 2 ors.
Court: Orissa
Decided on: Feb-28-2007
Reported in: 2007(II)OLR60
A.K. Ganguly, A.C.J.1. In this habeas corpus petition the petitioner has challenged the order of detention and the grounds of detention passed against him under the provisions of the National Security Act, 1980 (hereinafter referred to as the 'said Act'). The order of detention under Sub-section (2) of Section 3 of the said Act is dated 31.7.2006 and the ground of detention in support of the said order is dated 5.8.2006. There are several grounds in support of the said order of detention.2. This Court is not going into the merits of those grounds in detail since this Court is of the opinion that this habeas corpus petition is entitled to succeed on a short point taken by the learned Counsel for the petitioner. Learned Counsel for the petitioner urged that though several criminal cases have been referred to in the grounds of detention, but there is no recital in the grounds of detention to the effect that the petitioner's bail application in B. Town P.S. case No. 150 of 2006 is going to...
Tag this Judgment!Smt. Sujata Mohanty Vs. Rudra Charan Mohanty
Court: Orissa
Decided on: Feb-27-2007
Reported in: 104(2007)CLT226; 2007(I)OLR656
A.S. Naidu, J.1. Petitioner is the wife of the opposite party. This TRP (C) has been filed by the wife under Section 24 CPC with a prayer to transfer Civil Proceeding No. 792 of 2004 filed by the opposite party under Section 13(1) of the Hindu Marriage Act for dissolution of the marriage before the learned Judge, Family Court, Cuttack to similar Court at Rourkela. She has stated that she is having no money to travel all the way from Bonai (in the district of Sundargarh) where she is staying with her poor parents nor anybody to accompany her from Bonai to Cuttack nor has any place of stay at Cuttack.2. Learned Counsel for the opposite party-husband resists such prayer of the petitioner contending that the petitioner is not a Purda Nashin lady. She is rather quite used to travelling and she has no difficulty as stated by her. Further, relying on the decision of the Supreme Court in the case of Kamaljit Kaur v. Prince Singh Chhabra reported in 2006 (I) OLR (SC) 456, he submits that only o...
Tag this Judgment!Kuril Tiria Vs. State of Orissa
Court: Orissa
Decided on: Feb-26-2007
Reported in: 2007CriLJ3008
A.K. Parichha, J.1. Petitioner has challenged the order dated 28 8-2006 passed by the learned S.D.J.M,. Angul in C.T. No. 1108 of 2006 rejecting his prayer for release of the Maruti Van bearing Registration No. OR-13-0242 in his interim zima.2. The above noted Maruti Van which is under the registered ownership of the petitioner, was seized by the police authorities on 16-6-2006 at about 3.30 a.m. from the possession of Md. Imran, Md. Phiroj and Fakir Kansa when those persons were transporting 2.5 quintals of Kendu leaf in the said vehicle. After the seizure of the vehicle and Kendu leaf Nalco Nagar P.S. Case No. 56 of 2006 was registered for commission of offence under Sections 379, 411/34 of the I.P.C., Section 4 of the Kendu Leaf Act and Sections 4, 14 and 21 of the Orissa Timber and other Forest Produce Transit Rules. The fact of seizure was intimated to the learned Magistrate, but the vehicle was given in the custody of the Forest Range Officer as the vehicle was involved in a fore...
Tag this Judgment!Smt. Sabita Majhi Vs. State Election Commission and ors.
Court: Orissa
Decided on: Feb-23-2007
Reported in: 103(2007)CLT351
P.K. Tripathy, J.1. Petitioner challenges the order dated 3.11.2006 of Opposite Party No. 3 in deleting her name from the Electoral Roll Annexure 5, with prayer to quash that order with a direction to maintain her name in the Electoral Roll for Ward No. 10 of Rahania Grama Panchayat.2. Petitioner's case is that as a housewife her permanent residence is at village Rahania and accordingly in the Assembly Electoral Roll her name finds place as a voter in 18 Bhandari Pokhari Assembly Constituency. On the basis of direction of the State Election Commissioner (in short 'Commissioner) as per Notification dated 18.08.2006, Annexure-6, the process of preparation and scrutiny of the Electoral Roll for the Grama Panchayat was undertaken. On 21.09.2006 Ward-wise preliminary Electoral Roll was published. Objection to the entry of the name of Petitioner in the Electoral Roll was filed on 28.09.2006. The S.I. of Schools, Bhandari Pokhari Block as the Panchayat Election Returning Officer (in short 'E....
Tag this Judgment!Basanta Kumar Mishra and ors. Vs. State of Orissa
Court: Orissa
Decided on: Feb-23-2007
Reported in: 2007(I)OLR700
Indrajit Mahanty, J.1. In the present application under Section 482 Cr. P.C. the petitioner has sought to challenge the order dated 20.9.2006 passed by the learned J.M.F.C., Banpur in G.R. Case No. 172 of 2002 extending the period of limitation exercising the power under Section 473 Cr.P.C. for taking cognizance of the offence under Sections 498A/34 I.P.C. as well as under Sections 4 and 6 of the Dowry Prohibition Act.2. The undisputed facts of the case are that one Sanjit Rath, the son of petitioner No. 2-Bama Prasan Rath married the informant-Diptimayee @ Buni Mahapatra, on 29.5.2001 in accordance with the Hindu customs and rites. Thereafter, the informant left the matrimonial house on 10.7.2001 and the F.I.R. in the present case was lodged on 31.5.2002. It is the case of both the parties that the charge sheet in the case was filed on 6.6.2006 and the learned J.M.F.C. by exercising the power under Section 473 Cr.P.C. took cognizance of various offences by the impugned order dated 20....
Tag this Judgment!The Oriental Insurance Company, Through Its Divisional Manager Vs. Hem ...
Court: Orissa
Decided on: Feb-23-2007
Reported in: 104(2007)CLT128
A.S. Naidu, J.1. The Judgment dated 27th April, 2005 passed by the 3rd Motor Accident Claims Tribunal, Puri in MAC Case No. 51/160 of 2002/2001 is assailed in this appeal by the Oriental Insurance Company which was Opposite Party No. 2 in the said case. By the said Judgment the Learned Tribunal has awarded a compensation of Rs. 1,70,000.00 with interest thereon at the rate of 9% per annum from the date of filing of the said MAC Case, i.e. 28-3-2001 in favour of the widow and son of deceased Sankar Bhoi who were the Petitioners in that case, and has directed the Appellant-Oriental Insurance Company to deposit the same.3. The aforesaid Judgment of the Learned Tribunal is assailed by the Learned Counsel for the Appellant-Oriental Insurance Company mainly on the grounds that the Learned Tribunal acted illegally and with material irregularity in assessing the age of the deceased as fifty years though the voters' list indicated his age as 70 years; and that the driver of the offending trekke...
Tag this Judgment!Siba Sankar Das @ Pintu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-23-2007
Reported in: 104(2007)CLT287
A.K. Ganguly, C.J.1. In this Writ Petition which has been filed in the nature of a Habeas Corpus petition, the Petitioner has challenged the order of detention dated 20th August, 2006 passed against him under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the 'said Act') by the District Magistrate, Ganjam, Chhatrapur.2. Several grounds of detention were served on the Petitioner on 22nd August, 2006. This Court is not going into the validity or otherwise of those grounds of detention. This Court is proceeding to decide the Habeas Corpus petition solely on the ground of delay as the said ground, which has been raised by the Petitioner in this case, has considerable force.3. It is not in dispute that the Petitioner has the right of making a representation under Section 8 of the said Act. On the basis of the said right the Petitioner made a representation both to the Central Government and also to the State Government on 8.9.2006. The State Government rejected ...
Tag this Judgment!Nakula Mallik and Two ors. Vs. State of Orissa
Court: Orissa
Decided on: Feb-22-2007
Reported in: 2007CriLJ3026; 2007(I)OLR709
P.K. Tripathy, J.1. The appellants, who are three out of eight charge-sheeted accused persons, faced trial for the offences under Sections 148, 448, 354, 506, 324/302, IPC read with Section 149, IPC in the Court of learned Addl. Sessions Judge, Khurda in ST. No. 23/127 of 1997 as the other charge-sheeted accused persons, remained absconder and were not available for trial. Trial Court taking note of the evidence available on record found the appellants guilty of the offence under Sections 302 and 148, IPC and sentenced each of them to undergo imprisonment for life under Section 302, IPC and in view of such sentence, did not award any separate sentence for the offence under Section 148, IPC. In addition to that, learned Addl. Sessions Judge found the appellants Nakul and Sahadev guilty of the offence under Section 324, IPC and sentenced them to undergo rigorous imprisonment for one year each with specific direction that the sentence awarded would run concurrently.2. Accordingly to the c...
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