Orissa Court March 2007 Judgments
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Biswanath Das Vs. Smt. Debikarani Misra
Court: Orissa
Decided on: Mar-21-2007
Reported in: 104(2007)CLT130; 2007(I)OLR647
A.S. Naidu, J.1. The order dated 18.8.2006, Annexure-2, passed by the learned District Judge, Khurda at Bhubaneswar in C.R.P. No. 19 of 2005 is assailed by the petitioner in the said CRP invoking jurisdiction of this Court under Articles 226 and 227 of the Constitution of India.2. In the aforesaid CRP, the order dated 25.11.2005, Annexure-1, passed by the learned Civil Judge (SD), Bhubaneswar in I.A No. 310 of 2005 arising out of Execution Petition No. 20 of 2004 was assailed by the petitioner. It is revealed that the petitioner who was judgment-debtor No. 13 in the aforesaid Execution Petition filed an application under Section 47 CPC with a prayer to drop proceedings of the said Execution Petition against him. The learned Civil Judge (SD), vide order Annexure-1, rejected the said petition. The said order, Annexure-1, has been confirmed by the learned District Judge by the order Annexure-2 which is impugned in this case.In the aforesaid Execution Petition the ex parte final decree pas...
Sukanta Kumar Mallick Vs. State of Orissa
Court: Orissa
Decided on: Mar-16-2007
Reported in: 2007(I)OLR725
ORDERPradip Mohanty, J.1. Heard Mr. D. Das learned Counsel for the petitioner, and Mr. Pattnaik, learned Addl. Government Advocate.2. This revision is directed against the order dated 21.09.2006 passed by the learned Addl. Sessions Judge, Jagatsinghpur rejecting the application of the petitioner under Section 457 Cr.P.C. registered as Criminal Misc. Case No. 400 of 2006 to release his Yamha Motor Cycle bearing registration number OR-05-E-6814.3. Learned Counsel for the petitioner submits that the petitioner is the registered owner of the motor-cycle in question. The said motorcycle is lying in the Paradeep police station being exposed to sun and rain and its condition is deteriorating day by day. He further submits that investigation has been completed, charge sheet has been filed, the case has been committed to the learned Addl. Sessions Judge, Jagatsinghpur for trial of the offences under Sections 342/395 IPC read with Sections 25 and 27 of the Arms Act and registered as S.T. No. 141...
Smt. Baisakhi Mohanta Vs. Sri Manglu Naik
Court: Orissa
Decided on: Mar-15-2007
Reported in: 103(2007)CLT537; 2007CriLJ1724
M.M. Das, J.1. This Civil Revision under Section 115 of the Code of Civil Procedure has been preferred against the Judgment dated 11-03-2003 passed by the Learned District Judge, Keonjhar in Misc. Appeal No. 13 of 1993 setting aside the Order passed by the Learned Executing Court in M.J.C. No. 45 of 1984.2. The Opp. Party herein filed T.S. No. 5 of 1983-1 in the Court of Civil Judge (Senior Division), Keonjhar with a prayer for a decree declaring his right, title and interest over the suit scheduled property and for recovery of possession in respect of the said land which constituted an area of Ac. 0.08 decimals appertaining to Hal Settlement Plot No. 301 corresponding to part of Sabik Plot No. 296, measuring Ac. 4.55 decimals under Khata No. 1/ka situated in mouza-Siluan. The Defendants in the said suit were the vendors of the Plaintiff-Opp. Party, namely, Raja Ananta Narayan Bhanjadeo and one Dambarudhar Mahanta. The said suit was decreed ex parte on 24.10.1983 declaring the title of...
Malati @ Malaprabha Sahoo and ors. Vs. Haraparbati Thakur and ors.
Court: Orissa
Decided on: Mar-15-2007
Reported in: 2007(I)OLR677
A.S. Naidu, J.1. The judgment dtd. 6.3.1993 passed by learned Addl. District Judge, Jajpur in Title Appeal No. 12/85/8/1987 is assailed.2. By the said judgment the appellate Court has remanded T.S. No. 82 of 1979 to learned Civil Judge (Sr. Divn), the then Sub-Judge, for deciding Issue No. 2 afresh. The present appellants were the plaintiffs in the said suit. The defendants had carried the Title Appeal. Issue No. 2 as it appears from the impugned judgment is:Whether Defendant No. 1 is a public deity or a private one.3. In consonance with the Orissa Hindu Religious Endowments Act, 1951 the Asst. Commissioner is authorized to decide such question under Section 41 of the said Act. Even otherwise there is a bar in the O.H.R.E. Act with regard to deciding such an issue. In view of the aforesaid legal provision, the direction issued by the appellate Court to decide Issue No. 2 by the trial Court is not just and proper.4. The suit is one for partition. There is enough material on record to de...
Balakrushna Parida Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-15-2007
Reported in: 103(2007)CLT767; [2007(114)FLR580]
Pradip Mohanty, J.1. In this writ application, the Petitioner prays for quashing of Order No. 2878 dated 05.09.1990 passed by Opposite Party No. 3 under Annexure-4, Order No. 11718 dated 18.09.1991 (Annexure 6) and Order No. 16156 dated 25.05.1995(Annexure-7) and for issuing a writ in the nature of mandamus or any other appropriate writ or direction to the Opposite Parties to give him all financial and service benefits taken away by the same.2. The Petitioner was the Section Officer in the Establishment Branch of the Cuttack Development Authority. While working as such, the Vice-chairman-Opposite Party No. 3 served a draft charge on the Petitioner. In the said draft charge, as many as five charges had been framed against him for serious lapse, gross negligence in duty and lack of supervision. The Petitioner submitted his explanation. After inquiry by Opposite Party No. 3, the disciplinary authority on 05.04.1990 passed an order that charges have been established against the Petitioner ...
Jyoti Prakash Nayak Vs. Union Bank of India and ors.
Court: Orissa
Decided on: Mar-15-2007
Reported in: 104(2007)CLT35
Pradip Mohanty, J.1. In view of Order No. 7 dated 23.10.2006, this Judgment is confined only to the maintainability of the Writ Petition in this Court.2. In this Writ Petition, the Petitioner challenges the appointment of Opposite Parties 2 to 12 as Manager (Law) in the middle management grade/scale- II in the Union Bank of India (Opposite Party No. 1) and seeks for a direction to Opposite Party No. 1 to appoint him as Manager (Law). The grievance of the Petitioner is that Opposite Parties 2 to 12 have been appointed ignoring his legitimate claim by awarding less marks to him and by allocating unreasonable percentage of marks in the viva voce test.3. The case of the Petitioner is that Opposite Party No. 1 issued an advertisement inviting applications from in eligible candidates for recruitment to the post of Manager (Law) in the Middle Management Grade/Scale-ll cadre under the Union Bank Recruitment Project-2004. Pursuant to such advertisement, the Petitioner submitted his application ...
Nakul Sahu Vs. State of Orissa
Court: Orissa
Decided on: Mar-15-2007
Reported in: 2007(II)OLR155
S. Panda, J.1. Heard argument from both the parties, hearing is concluded and the judgment is as follows.2. This appeal is directed against the judgment and order of conviction passed by learned Addl. Sessions Judge, Angul in Sessions Trial No. 29-A/1996/28 of 1997, convicting the appellant for the offence under Section 302, I.P.C.3. Briefly, the facts, as disclosed by the prosecution, are that the incident took place on 30th October, 1995 inside a forest. The deceased Sambari Biswal, aged about 55 years, had gone to the forest to collect firewood. As the deceased did not return by 3.00 p.m., the informant and others searched for her and found her dead body at about 4.30 p.m., lying near a bush having injuries on her head and neck. On the same day the appellant had also gone to the forest to bring firewood. On being asked by the villagers, appellant confessed that he killed the deceased by means of a 'Tangia'. Prior to the incident, appellant had also tried to murder the deceased, as t...
Bhimsen Gochhayat Vs. Regional Manager, Bank of India and ors.
Court: Orissa
Decided on: Mar-15-2007
Reported in: [2007(114)FLR195]; (2007)IIILLJ205Ori
Pradip Mohanty, J.1. The petitioner was appointed as a sub-staff in Basta Branch of the Bank of India in the year 1973. FIR was lodged against him by the Branch Manager, Balasore Branch and he was placed under suspension. Ultimately, charge-sheet was filed against the petitioner under Sections 468/490/420 IPC in G.R. Case No. 1049/1982 and he faced trial before the Learned JMFC, Balasore. The Learned Magistrate by order dated August 26,1987, found the petitioner-guilty of the offence under Section 468 IPC and sentenced him to undergo R.I. for three years. After passing of the order of conviction, the petitioner was dismissed from service. Against the order of his conviction, the Petitioner filed an appeal. By order dated March 14, 1989 passed by the Addl. Sessions Judge, Balasore, the appeal was allowed and the petitioner was acquitted of the above charge. Thereafter, on July 31, 1989 charge-sheet-cum-suspension order was served upon the Petitioner placing him under suspension with eff...
Bhagaban Jena and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-14-2007
Reported in: 103(2007)CLT803; 2007(I)OLR598
I. Mahanty, J.1. The petitioner in the present writ application seeks to challenge the Order dated 8.12.2003 passed by the Commissioner, Consolidation, Cuttack rejecting Consolidation Revision Case No. 159 of 2002 filed under Section 37(1) of the Consolidation Act, 1972, seeking correction of errors in the Hal map, pertaining to Plot No. 832, under Hal Khata No. 314 corresponding to Sabik Plot No. 666, measuring an area of Ac.0.180; on the ground of delay. 2. Learned Counsel for the petitioners submitted that the disputed land pertaining to Hal Plot No. 832 under Khata No. 314, stands recorded in the names of the petitioners who are landless Scheduled Caste persons. The petitioners have constructed their homestead on the said land and the Hal R.O.R. for the aforesaid plot has also been issued in favour of the petitioners. It is submitted that although necessary R.O.R. has been issued in the names of the petitioners, later on, while comparing the sabik and Hal map of the suit land, they...
Nishamani Bewa and ors. Vs. Narayan Sethi and anr.
Court: Orissa
Decided on: Mar-14-2007
Reported in: 104(2007)CLT217; 2007(I)OLR658
M.M. Das, J.1. This appeal under Order 43 Rule 1-(d) CPC has been preferred against the order refusing to set aside the decree passed in T.S. No. 520 of 1987 by the learned 2nd Additional Civil Judge, (Senior Division), Cuttack.2. T.S. No. 520 of 1987 was filed by the predecessor-in-interest of the respondents for partition of the suit property. The said plaintiff having expired during the pendency of the suit, the present respondents were substituted as plaintiffs. The said suit was filed against the predecessor-in-interest of the appellants 1 to 4 and the predecessor-in-interest of the appellants 5 and 6 who have also been substituted during the pendency of the suit.3. The appellants as defendants filed a joint written statement stating, inter alia, that all the co-sharers of each of the branch are possessing properties in respect of their shares which was already partitioned by metes and bounds and in view of such previous partition, the suit filed by the plaintiff was not maintaina...
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