Orissa Court April 2007 Judgments
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Land Acquisition Officer Vs. Sanatan Nayak
Court: Orissa
Decided on: Apr-05-2007
Reported in: 104(2007)CLT611; 2007(II)OLR113
A.K. Parichha, J.1. Both the appeals arise out of and the same award passed by the learned Civil Judge, (Senior Division), Bhubaneswar in L.A. Misc. Case No. 12 of 1998 and, therefore, they are heard analogously and disposed of by this common order.2. Ac. 0.400 decs of land appertaining to plot No. 20/782/864 under Khata No. 220/27 of Mouza Majena belonging to the claimant Sanatan Nayak was acquired by the State Government for Elephant Sanctuary by Notification No. 516 dated 04.04.1987 under Section 4(1) of the Land Acquisition Act (in short the 'Act'). Learned Land Acquisition Officer, Puri awarded compensation to the claimant at the rate of Rs. 8,000/- per acre. The claimant received that amount of compensation under protest and demanded reference of the matter to the Civil Court under Section 18 of the Act for determination of market value of the acquired land. That is how the matter came up before the learned Civil Judge (Senior Division) Bhubaneswar in the above noted L.A. Misc. C...
Oriental Insurance Company Ltd. Vs. Smt. Bijayalaxmi Tripathy and ors.
Court: Orissa
Decided on: Apr-05-2007
Reported in: 104(2007)CLT463
A.S. Naidu, J.1. The Judgment dated 14th May, 2002 passed by the 2nd Motor Accident Claims Tribunal (SD), Berhampur in MAC No. 631/1999 (88/1995) is assailed in MACA No. 50 of 2002 by the Oriental Insurance Company which was Respondent No. 2 in the said MAC. The same Judgment is assailed in MACA No. 274 of 2003 by Smt. Bijayalaxmi Tripathy and others who were the Petitioners in the said MAC. Both the appeals having arisen out of the same Judgment of the Tribunal, the same were taken up for hearing together.2. Respondents 1 to 5 in MACA No. 50 of 2002 who are Appellants in MACA No. 274 of 2003 and are respectively the widow, minor son and daughter and dependent parents of one Simachal Tripathy, had filed the aforesaid MAC before the Tribunal claiming a compensation of Rs. 4,00,000.00 on account of death of said Simachal Tripathy in a motor vehicle accident on 6-11-1994. It was averred by them that Simachal Tripathy was working as the Conductor in a bus bearing registration number OSN 64...
Sita Gouda Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Apr-04-2007
Reported in: [2007(114)FLR581]; 2007(I)OLR714
I. Mahanty, J.1. The petitioner, Smt. Sita Gouda, W/o. Late Basu Gouda has filed the present writ petition seeking to challenge the inaction of the opposite parties 3 and 4, i.e., Administrative Officer and Assistant Administrative Officer of Calcutta Dock Labour Board in not taking any action on the petitioner's application for grant of family pension.2. It is averred in the writ application that the husband of the petitioner, namely, Late Basu Gouda @ Basudev Gouda, who was an employee of opposite party No. 2, after attaining the age of superannuation, had retired from service w.e.f. 1.5.1992 and thereafter, passed away on 17.12.1996.3. Learned Counsel for the petitioner placed reliance upon the circular issued by opposite party No. 3, i.e. Circular No. S-A/2(d) 671 dated 20.2.1997 which provides for exercise of option by the widow/widower and in their absence by the eldest survived member of the family of the deceased C.P.F. beneficiaries who were in service on 1.1.1986 but have sin...
Keshaba Naik and anr. Vs. State of Orissa
Court: Orissa
Decided on: Apr-04-2007
Reported in: 2007CriLJ3596
1. This Jail Criminal Appeal is directed against the judgment dated 5th August, 1999 passed by learned Addl. District & Sessions Judge, Berhampur in Sessions Case No. 1 /98/SC No. 322/97 (GDC) convicting the appellants for commission of offence under Sections 302/307/34, IPC.2. As per the prosecution case, on 2-8-1997 accused-appellants cut the ridge of the agricultural land of the informant, for which there was altercations between the informant group and the accused persons. Due to intervention of village 'Bhadralokas' accused persons left the place and went to their houses. Sometimes thereafter the informant Jogi Naik came out of his house by hearing shout in front of Hadu Naik's house and saw that Kesab was armed with a 'Farsa', Khadala armed with a sword and Hadu armed with a lathi. Bhikari (deceased) and Ishwar were lying down with profuse bleeding on the floor. Ulla Naik was trying to separate the accused persons. Bhikari sustained severe injury on his head. Ishwar also sustaine...
Binay Kumar Das @ Khoka Son of Late Bhagabat Prasad Das, Vs. State of ...
Court: Orissa
Decided on: Apr-03-2007
Reported in: 103(2007)CLT691; 2007(11)OLR96
ORDERR.N. Biswal, J.1. Even though the case was listed to-date for admission, on the request and consent of Larned Counsel for both the parties, the case is taken up for final disposal.2. Heard.3. The Petitioners who are accused in C.T. No. 1707 of 2004 of the offence under Sections 147/148/294/325/307/149 pending before the Court of S.D.J.M., Balasore, have challenged the order of cognizance dated 10.3.2005 wherein besides taking cognizance under Sections 294/325/307 of I.P.C., cognizance has also been taken under Sections 147/148/149 of I.P.C. In other words they have challenged the order of taking cognizance under Sections 147/148/149 of I.P.C. only.4. Learned Counsel for the Petitioners submits that as found from the charge sheet, altogether four accused persons (Petitioners) have been charge sheeted and cognizance has also been taken against them only. Since four accused persons cannot form an unlawful assembly the Trial Court ought not have taken cognizance under Sections 147/148...
Smt. Ambika Dibya Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-02-2007
Reported in: 103(2007)CLT708
S. Panda, J.1. In this Writ Petition, Petitioner has challenged the Order dated 11.12.2000 (Annexure-8) passed by the Commissioner Land Records and Settlement, Orissa, Cuttack in R.P Case No. 2641 of 1998 for correction of R.O.R under the Orissa Survey and Settlement Act.2. The dispute relates to Hal consolidation plot No. 938 measuring Ac.2.70 decimals (P) out of Ac.7.40 decimals of Hal consolidation Khata No. 759 corresponding to 1973 Sabik Khata No. 639/1, plot No. 797/2788 P.S. Cuttack Sadar, Dist. Cuttack. Petitioner has filed the revision before the Commissioner, Land Records and Settlement, Orissa, Cuttack, under Section 15(b) of the Orissa Survey and Settlement Act, 1958 against the recording of Hal Plot No. 938, Ac.2.70 Dec. of Mouza Belgachhia.3. The Commissioner perused the report of Consolidation Officer, Sadar Cuttack dated 15.9.2000 and the case records which revealed that the consolidation operation was started in the said area during the year 1983 when the consolidation...
Balasore Alloys Limited (Formerly Known as Ispat Alloys Limited) and a ...
Court: Orissa
Decided on: Apr-02-2007
Reported in: 103(2007)CLT744; (2008)12VST88(Orissa)
A.K. Ganguly, C.J.1. All these five Writ Petitions were heard together as common questions of fact and law are involved. This Judgment decides all these cases. In all these Writ Petitions, the show cause notices dated 15.9.2003 for imposing penalty under the Central Sales Tax (Orissa) Rules, 1957 and the orders dated 30.9.2003 by which penalty was imposed for non-compliance with the notices dated 15.9.2003 are challenged.2. The main ground of challenge is that such levy of penalty is in violation of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as 'SICA') and also in utter disregard of an interim Order dated 8.12.2003 which was passed by this Hon'ble Court in W.P.(C) No. 11691/03.3. The relevant facts of the case are discussed below:The Petitioner - company M/s Balasore Alloys Limited, formerly known as Ispat Alloys Limited, is a registered company under the Companies Act. Its name has been registered as a dealer under the Orissa Sa...
Satyabrata Behera Vs. State of Orissa
Court: Orissa
Decided on: Apr-02-2007
Reported in: 2007(II)OLR97
ORDERR.N. Biswal, J.1. Even though this matter has been listed to date for admission, on the prayer and consent of learned Counsel for the parties, it is taken up for final disposal.2. Heard.3. In this CRLMC the petitioner has challenged the order dated 9.4.2001 passed by the S.D.J.M. (S), Cuttack in 2(b) CC No. 2 of 2001 taking cognizance of the offence under Section 56 of the O.F. Act, Section 13 of O.S.M. & S.P. (Control) Act and Rule 21 of O.T.T. Rules. Learned Counsel for the petitioner submits that Section 56 of the O.F. Act and Section 13 of O.S.M. & S.P. (Control) Act not being penal Sections, the Court below ought not have taken cognizance against the petitioner under those Sections. Admittedly those two Sections are not penal Sections. As such cognizance taken thereunder deserves to be quashed.4. As regards the offence under Rule 21 of the O.T.T. Rules, there is material to show that the sized sawn timbers were found in the precinct of the saw mill of the petitioner and he co...
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