Orissa Court March 2007 Judgments
Haria Bhoi and ors. Vs. Shantilata Pattnaik and ors.
Court: Orissa
Decided on: Mar-30-2007
Reported in: 2007(I)OLR693
L. Mohapatra, J.1. Defendants are the appellants before this Court against a confirming judgment.2. Case of the plaintiffs-respondents is that one Artabandhu Naik was the owner of the disputed plot No. 807 under Khata No. 35. The plaintiffs-respondents purchased the suit property under a registered sale-deed from the said Artabandhu Naik. After the sale-deed was executed, possession was delivered in favour of the plaintiffs-respondents. In the year 1963 the intermediary estate vested in the State Government under the provisions of the Estate Abolition Act. Plaintiffs-respondents being the owner in possession of the suit property, filed a claim vide O.E.A. Case No. 8140/1603 of 1963-64. In the said proceeding the suit property was settled with the plaintiffs-respondents by the O.E.A. collector and fair rent was fixed. Since then the plaintiffs-respondents are paying rent to the Government. During the Hal settlement operation the property has already been recorded in their favour in the ...
Tag this Judgment!Bijay Kumar Banerjee Alias Bandhopadhaya Vs. Smt. Malati Banerjee
Court: Orissa
Decided on: Mar-30-2007
Reported in: AIR2007Ori155; 104(2007)CLT275; 2007(1)OLR808
A.S. Naidu, J.1. The judgment dated 25th January, 2002 passed by the Additional District Judge, Balasore in S.J. Appeal No. 19/39 of 1997-2000 remanding O.S. No. 352 of 1994-I to the Court of Civil Judge (Senior Division), Balasore for fresh disposal, is assailed . by the defendant of the suit who was the respondent in the aforesaid S.J.A.2. Bereft of unnecessary details, the short facts necessary to appreciate the inter se arguments are as follows:Smt. Malati Banerjee-respondent as sole plaintiff filed Original Suit No. 352 of 1994-I in the Court of the Civil Judge (Senior Division), Balasore with the prayer to grant maintenance @ Rs. 900/- per month and for a direction to the defendant not to transfer the house and the homestead more fully described in the suit schedule. After 26 years prior to filing of the suit, she had married the defendant as per the Hindu customs and rites at Dakshineswar Kali Temple at Calcutta. After the wedding, the parties led a blissful wedded life and resi...
Tag this Judgment!Dr. (Smt.) Binodini Patnaik, Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-29-2007
Reported in: 103(2007)CLT782; [2007(114)FLR684]
I.M. Quddusi, J.1. These are four Writ Petitions filed by the Allopathy Medical Officers of Employees State Insurance (ESI) Scheme, Orissa to provide them the benefit of superannuation at the age of 60 years, which has been allowed to the Allopathy Medical Officers of the Department of Health & Family Welfare and for quashing of the impugned order passed by the Tribunal in their respective Original Applications.2. At the very outset, it is necessary to mention here that Dr. Ganapati Pradhan, Petitioner in W.P.(C) No. 15979 of 2005 had filed O.A.No. 1376 of 2004 before the Orissa Administrative Tribunal for redressal of his grievances as mentioned above. As he was due to retire on 31.3.2005, he had moved Miscellaneous Application also for interim protection. When the same was not being considered by the Tribunal, he filed Writ Petition bearing number W.P. (C) No. 4212 of 2005 which was disposed of with the direction that the Petitioner shall be allowed to continue in service in full sal...
Tag this Judgment!Sura @ Surath Chandra Jena and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Mar-28-2007
Reported in: 2007(I)OLR619
I.M. Quddusi, J.1. This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of the proceeding in G.R. Case No. 92 of 2005 pending in the Court of the learned S.D.J.M., Koraput.2. The brief facts of the case are that a first information report was lodged on 31.1.2005 by the informant, namely, Chatura Durga, alleging therein that on 30.1.2005 at about 9.30 p.m. when he was working as Manager at 'Chancellor Hotel' of one Abhiram Samal, all the petitioners came inside the hotel and abused him and threatened him to kill and asked him to call the owner of the hotel. Thereafter he called the owner Abhiram Samal who reached there on which petitioner No. 1 asked him about the hotel but all on a sudden petitioner No. 1 assaulted the first informant and the owner of the hotel Abhiram Samal by a sword as a result of which they sustained bleeding injuries. Thereafter F.I.R. No. 7 of 2005 was filed and a case punishable under Sections 294/323/341/506/34 I.P.C. an...
Tag this Judgment!Angada Naik Vs. State
Court: Orissa
Decided on: Mar-28-2007
Reported in: 2007CriLJ2531; 2007(I)OLR642
I.M. Quddusi, J.1. This Criminal Appeal has been filed against the judgment and order dated 21st June, 1989 passed by the learned Special Judge (E.C. Act), Koraput, Jeypore in T.R. Case No. 51 of 1986 convicting the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act holding him guilty for contravening Clause 14(2) of the Orissa Cement Control Order, 1973 and sentencing him for 3 months rigorous imprisonment and a fine of Rs. 300/- and in default to pay the fine, to undergo 1 month further rigorous imprisonment.2. The brief facts of the case are that one Loknath Satpathy was engaged as a contractor by the NALCO authorities for Civil Construction of NALCO project within the area Damanjodi Town. On 31.6.1986 Loknath Satpathy was issued 200 bags of levy cement by the NALCO authorities from their store for the use at the work site. The levy cement was loaded in truck bearing registration No. OSX-1310 at the Stores Department. The truck was being driven by the appellant Ang...
Tag this Judgment!Upendra Sethi Vs. State of Orissa and anr.
Court: Orissa
Decided on: Mar-28-2007
Reported in: 104(2007)CLT268; 2007(I)OLR680
C.J.1. This writ petition has been filed challenging the order of the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in Original Application No. 2612 (C) of 2003. By the said judgment the Tribunal has dismissed the Original Application.2. The material facts of the case are that the applicant before the Tribunal (the petitioner before us) entered the service as Junior Engineer and while continuing as such he acquired Bachelor Degree in Engineering (A.M.I.E.). In view of the resolution of the Government taken in the year 1996 he was promoted to the rank of Assistant Engineer on ad hoc basis in the scale of pay of Rs. 2000-3500/- for a period of one year or till receipt of recommendation of the O.P.S.C. whichever is earlier. While the petitioner was continuing as such, the O.P.S.C. published an advertisement No. 3 of 2002-2003 for special recruitment of Assistant Engineer (Civil/Mechanical) in Class-ll of Assistant Engineering Service under the Department of Water Resources, Oriss...
Tag this Judgment!SerajuddIn and Co. Vs. Union of India (Uoi) and 3 ors.
Court: Orissa
Decided on: Mar-26-2007
Reported in: 103(2007)CLT639; 2007(I)OLR662
A.K. Ganguly, C.J.1. The subject-matter of challenge in this writ petition is an order dated 13.11.2001 passed by the Central Government-opposite party No. 1 on the revision application filed by Shri Ganapati Raj Jain- O.P. No. 4. By the said order, opposite party No. 1 quashed the renewal of the petitioner's mining lease for iron ore over an area of 335.896 hectares which is about 830 acres and by the same order opposite party No. 1 directed the State Government to grant the mining lease for iron ore over an area of 60.70 hectares in favour of opposite party No. 4.2. The material facts of the case are as follows:Way back in 1955, the petitioner applied for the grant of mining lease for manganese ore over an area of 830 acres for Balda Block in Keonjhar district for a period of 20 years. On such application, the State Government on or about 16.11.1956 granted mining lease to the petitioner for 20 years for the aforesaid area. Then the mining lease for manganese ore was executed in favo...
Tag this Judgment!Santosh Kumar Mohanty and ors. Vs. Revenue Divisional Commissioner, Ce ...
Court: Orissa
Decided on: Mar-21-2007
Reported in: 104(2007)CLT65; 2007(I)OLR595
Sanju Panda, J.1. This writ application has been filed by the petitioners challenging the order dated 11.8.2006 passed by the R.D.C., Central Division, Cuttack, in R. P. Case No. 13 of 2005 in a proceeding under Orissa Survey & Settlement Act, 1962.2. The brief facts of the case are as under:Opposite Party No. 4, Kishore Ch. Mohapatra, filed the aforesaid revision case before the Revenue Divisional Commissioner, Central Division, Cuttack for correction of R.O.R. He is the western adjacent neighbour of the present petitioners in this case. The disputed suit sabik plot No. 2275 in sabik khata No. 656/2/402 situated in Mouza-Baripada, Ward No. 10 in Baripada Town of Mayurbhanj District measuring an area of Ac.0.25 decimals stood recorded in the name of one Harapriya Devi @ Mohapatra as per sabik settlement record of right of the year 1935-36. Said Harapriya Devi died leaving behind her son Khirod Oh. Mohapatra who also died after the settlement operation. The present opp.party No. 4, his ...
Tag this Judgment!The New India Assurance Company, Through Its Divisional Manager Vs. Ka ...
Court: Orissa
Decided on: Mar-21-2007
Reported in: 2008ACJ1536; 104(2007)CLT262; 2007(I)OLR637
A.S. Naidu, J.1. The New India Assurance Company Ltd. has filed this appeal under Section 173(1) of the Motor Vehicles Act assailing the judgment dated 30th January, 2004 passed by the District Judge-cum-Motor Accident Claims Tribunal, Phulbani in MAC Case No. 26 of 2000.2. The said MAC Case was registered on the basis of an application filed under Section 166 of the Motor Vehicles Act by the parents of one Deba Behera alias Surendra Behera who died in a motor vehicle accident. The said applicants stated that their above-named son who was working as an Cleaner in a bus named 'Rajarani' bearing registration number OR-12-2344 and in course of his employment on 5.4.2000 while he was travelling in the said bus from Berhampur to Mukhiguda due to rash and negligent driving of the driver of the said bus he was thrown out of the bus. He sustained severe multiple injuries including fractures and head injuries and succumbed to that on the very day of accident. They further stated that the deceas...
Tag this Judgment!Karunakar Lenka and ors. Vs. Babaji Charan Lenka and ors.
Court: Orissa
Decided on: Mar-21-2007
Reported in: 104(2007)CLT73; 2007(I)OLR629
A.K. Parichha, J.1. This is an appeal by some of the defendants against the judgment and decree passed by the learned Subordinate Judge, Jagatsinghpur in Title Suit No. 143 of 1973. The respondent Nos. 1 and 2 as plainiiffs filed that suit for partition of the suit properties and allotment of 1/2 share in the Schedule 'A' and 'B' properties, 1/4th share in Schedule 'C properties and also for allotment of Ac.0.08 dec. out of Schedule 'D' properties of the plaint.2. The plaintiffs' case, in brief, was that the plaintiffs and defendants 1 to 8 are all descendants of the common ancestor Manguli Lenka, who died in a state of jointness with his two sons Bisuni and Dhuli about 40 years before filing of the suit. After death of Manguli, Bisuni and Dhuli remained in jointness and Bisuni being the elder brother acted as manager and 'karta' of the joint family. Dhuli died some times in 1950 leaving the plaintiffs as his heirs. Since plaintiff No. 1 was a child and plaintiff No. 2 is a paradanashi...
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