Orissa Court March 2007 Judgments
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Prafulla Chandra Mahapatra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-14-2007
Reported in: 104(2007)CLT68; 2007(1)OLR791
I. Mahanty, J.1. The petitioner in this writ application seeks to challenge the order dated 29.8.2003 passed by the Commissioner of Consolidation, Orissa, Bhubaneswar allowing the Consolidation Revision Case Nos. 267 and 268 of 1983 by affirming the order of the Consolidation Officer, Satyabadi dated 27.2.1982 directing recording the suit plots in the name of the deity Baral Balunkeswar Dev and quashing/reversing the order dated 20.9.1982 passed by the Deputy Director of Consolidation. 2. The case of the petitioner in brief is that during 1925 settlement, the suit land was recorded in the name of Baral Balunkeswar Dev marfat sevak Chinta Patra Mali. In 1977 settlement, Khata Nos. 223 and 226 were recorded in the name of Baral Balunkeswar Dev marfat Lingaraj Mahapatra, the predecessor of the present petitioner. In O.S. No. 3/40/56-519 of 1957, the learned Subordinate Judge, Puri settled Schedule 'A' property of the deity and directed that the said property will be enjoyed by sevaks in l...
Antarajami Sharma Vs. Padma Bewa and ors.
Court: Orissa
Decided on: Mar-14-2007
Reported in: AIR2007Ori107
A.K. Parichha, J.1. This appeal is directed against the judgment and decree passed by the learned Subordinate Judge, Bhawanipatna in Money Suit No. 11 of 1978 decreeing the claim of the plaintiff-appellant in part.2. Appellant as the plaintiff, filed the above suit pleading, inter alia, that due to previous enmity with him, respondent Nos. 2 and 3 set up respondent No. 1, who was working as maid servant in his house to lodge a false complaint against him and accordingly, respondent No. 1 lodged a complaint vide ICC No. 1 of 1976 (T.R. No. 113/76) in the Court of S.D.J.M., Bhawanipatna alleging therein that while she was sweeping the room in the house of the appellant, at about 8.00 p.m. on 7-12-1975, the appellant entered into the room, closed the door, pulled her saree and tried to rape her and that when she resisted, the appellant dealt slaps and fist blows causing some injuries on her face. That case was transferred to the Court of learned Subordinate Judge-cum-J.M.F.C., Bhawanipatn...
Ananda Parida Vs. Muchiani SwaIn and ors.
Court: Orissa
Decided on: Mar-14-2007
Reported in: 104(2007)CLT222
A.K. Parichha, J.1. This is an appeal by one of the Defendants against the Judgment and decree passed by the Learned Subordinate Judge, Aska in Title Suit No. 41 of 1978. The Respondent No. 1 as Plaintiff filed the above noted suit for partition of the suit schedule lands and house and for allotment of 1/3rd share in the suit lands and 1/4th share in the suit house.2. The Plaintiff's case in brief was that one Daso, the father of Narasingha Swain, the deceased-husband of the Plaintiff died leaving the suit house and Ac. 0.25 cents of land, but to meet the obsequies expenses of his parents and marriage of sister, Narasingha sold those 25 cents of land. Subsequently Narasingha went to North India, worked there for some years, earned adequate amount of money and purchased the suit land which became his self acquired property. Narasingha died in the year 1974 leaving his widow, the Plaintiff, his son Defendant No. 1 and daughter-Defendant No. 2. The mother of the Plaintiff who had four Bha...
Union of India (Uoi) and ors. Vs. Dharmendra Sahu and anr.
Court: Orissa
Decided on: Mar-14-2007
Reported in: [2007(114)FLR177]
S. Panda, J.1. In this writ application, the petitioners have challenged the order dated 17.1.2003 passed by the Central Administrative Tribunal (hereinafter, referred to as the 'Tribunal'), Cuttack Bench, Cuttack, in O.A. No. 137 of 2002.2. The facts of the case are that : Bhaskar Sahu, who was the father of Opposite Party No. 1 died on 4.4.1998 while working as Head Postman at Chhatrapur Head Post Office. Opposite Party No. 1 applied for compassionate appointment. His name was approved by the Circle Relaxation Committee and allotted to Berhampur Division in Postal Assistant cadre. At that time, there was no vacancy and the authority asked all the approved candidates to express their willingness for consideration for appointment in pursuance of Ministry of Personnel, PG and Pension, Department of Personnel and Training, New Delhi in OM No. 42012/4-2000-Estt (D), dated 24.11.2000 communicated in DG Posts Letter No. 24-1-/99-SPB.I, dated 8.2.2001. Subsequently, the authority found that ...
Kandra @ Budhram Sunar and anr. Vs. State of Orissa
Court: Orissa
Decided on: Mar-13-2007
Reported in: 2007(I)OLR652
1. This appeal has been filed by accused Kandra @ Budhram Sunar and Karmu Sunar challenging to the judgment and order of conviction passed by the learned Addl. Sessions Judge, Rourkela on 23.01.1998 in Sessions Trial No. 110/43 of 1995.2. As it reveals on record, prosecution case is that the deceased-Jiten Sunar, daughter of P.W. 1-Jamuna Sahoo, was suspected to be practicing witchcraft. It is alleged that on 3rd July, 1994 at about noon time when the deceased together with her mother (P.W. 1) and aunt (P.W. 2) were returning to home from the field, on the village road near the house of accused-Kandra, she was obstructed and detained by accused-Karmu, Accused-Kandra, who was also present there, brought out a bhujali concealed on his backside and dealt a blow to the belly of the deceased. On sustaining that blow when the deceased fell down with bleeding injury, accused-Kandra dealt 2 to 3 successive blows on her and because of such injuries inflicted, the deceased died at the spot. It w...
Smt. Arati Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-13-2007
Reported in: 103(2007)CLT769; 2007(11)OLR1
I. Mahanty, J.1. The present contempt application has been filed under Contempt of Courts Act, 1971 by the Petitioner Smt. Arati Das on the allegation that the Opposite Parties have willfully and intentionally not complied with the Order dated 16.12.2004 passed by this Court in W.P.(C) No. 5819 of 2003 which is quoted herein below:Heard Learned Counsel for the Petitioner and the Learned Counsel for the State.Learned Counsel for the State on instruction submits that the Director, Higher Education has taken steps for implementation of several orders passed by the Education Tribunal. On consideration of such submission, it is directed that the order of the State Education Tribunal passed in G.I.A. Case No. 28 of 2002 on 12.12.2002 be implemented as early as possible, preferably within a period of four months from the date of communication of this order.Requisites for communication of this order along with copy of the Writ Petition to the Opposite Parties 1 and 2 be filled by 20.12.2004.Th...
Adhunik Metaliks Ltd. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Mar-12-2007
Reported in: 103(2007)CLT617
A.K. Ganguly, C.J.1. This Writ Petition has been filed by M/s. Adhunik Metaliks Ltd. (formerly known as Neepaz Metalics Ltd.) which is a company registered under the Companies Act, 1956. The second Petitioner is one Shri Sanjay Pratap. In this petition there are about five Opposite Parties, four of which are governmental authorities and the fifth Opposite Party is one M/s. Bhushan Steel and Strips Ltd., another company registered under the Companies Act. Opposite Party Nos. 6 to 11 are different companies, arrayed as pro forma Opposite Parties. This Writ Petition has been filed challenging the decision taken by Opposite Party No. 1 on 13.01.2006. The said decision was taken about the mode of allocation of new Patrapada Coal Block in Mahanadi Coal Fields area to Opposite Party No. 5 and also to the Petitioner and various other pro forma Respondents. Whether the scheme of allotment disclosed in the said letter is legally sustainable or not is directly in issue in this Writ Petition.2. Be...
Arya Samaj Mandir Vs. Rajwanti (Smt.) and ors.
Court: Orissa
Decided on: Mar-08-2007
Reported in: 104(2007)CLT658
Altamas Kabir, J.1. Leave granted.2. Respondent 1 in this appeal was appointed as Science Mistress in the Appellant School on 7-9-1988. At the time of joining her duties she was given an appointment letter on 5-7-1988 indicating that she was being appointed as Science Mistress in the school with effect from the date she joined her duties in the grade of Rs. 1400-2600 plus usual allowances sanctioned by the Haryana Government from time to time.3. On 28-1-1994 Respondent 1 filed Civil Suit No. 49 of 1994 in the Court of Civil Judge (Senior Division), Jhajjar, inter alia, for the following reliefs:It is therefore prayed that this Hon'ble Court may be pleased to pass a decree of declaration to the effect that the Plaintiff is entitled to the regularisation of her services w.e.f. 6-7-1988 with right of contribution to the contributory provident fund from the same date as also to receive her future salaries by crossed cheques and that she is entitled to all kinds of leaves and as admissible ...
Narayan Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Mar-07-2007
Reported in: 2007(1)OLR761
S. Panda, J.1. In this appeal, the appellant has challenged the judgment and order of conviction passed by the Sessions Judge, Ganjam-Gajapati, Berhampur, in Sessions Case No. 148 of 1996.2. According to the case of the prosecution, on 31st December, 1995 at about 4.00 P.M. Kamadeb, the deceased, appeared at the betel shop of Bharat Samantra, (P.W. 1) and placed order for a betel. At that time, accused arrived there being armed with a Kati (M.O.1) and dealt a blow on the backside of the deceased. After sustaining that blow when the deceased fell down, accused dealt random blows by Kati on different parts of the body and left the place. Because of that assault deceased suffered bleeding injuries and succumbed. The matter was intimated to the local police and investigation was undertaken in ritual manner. In course of investigation, the O.I.C. not only received the written F.I.R. Ext. 9 but also held inquest over the dead body, sent the dead body for post mortem examination, arrested the...
Ramkumar Jaigopal Vs. Assistant Commissioner of Sales Tax
Court: Orissa
Decided on: Mar-07-2007
Reported in: 103(2007)CLT735
I. Mahanty, J.1. The Learned Counsel for the Petitioner raised certain important questions regarding the scope and extent of powers of the statutory authority for passing order of 'suspension' of Registration Certificate and 'cancellation' of Registration Certificate under the Orissa Value Added Tax Act, 2004 (in short' the OVAT Act'). In this writ application, the Petitioner seeks to challenge the order of suspension of Registration Certificate dated 23.11.2005 and the order of cancellation of the Registration Certificate dated 16.12.2005 passed by the Assistant Commissioner of Sales Tax, Sambalpur under Annexures-I and 7 to the Writ Petition respectively.2. The records of the proceedings of suspension as well as cancellation of the Registration Certificate were called for and accordingly, the Learned Counsel for the Revenue produced the original records before us from which the following orders are revealed:a) 23.11.2005 - Accompanied the C.C.T. Orissa to Sambalpur III Circle, Jharsu...
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