Orissa Court May 2007 Judgments
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Sri Braja Sundar Das Vs. Chairman-cum-managing Director, National Insu ...
Court: Orissa
Decided on: May-07-2007
Reported in: 2007(II)OLR234
ORDER1. Heard Mr. Manoj Mishra, learned Counsel for the petitioner and Mr. R. Mohapatra, learned Counsel appearing for the opposite parties.2. The petitioner has filed this writ petition with a prayer to quash the order dated 18.05.1995 under Annexure-11 and to direct the opposite parties to promote him firstly to the post of Inspector Grade-I with retrospective effect from 1973 and then to different higher posts at appropriate stage and adjust him in promotional posts accordingly and give all consequential benefits and pay differential wages.3. The brief facts as delineated in the writ petition tend to reveal that on 12.7.1969 the petitioner was appointed as an Insurance Agent under the National Insurance Company Ltd.; on 1.10.1969 he was promoted as Inspector and on 1.11.1970 he was confirmed in the post of Inspector. On 22.09.1970, petitioner's services were terminated vide order in Annexure-1 and the petitioner assailed the aforesaid order of termination by raising an industrial di...
Pramod Pradhan and anr. Vs. State
Court: Orissa
Decided on: May-07-2007
Reported in: 2007CriLJ3978
A.S. Naidu, J.1. This Criminal Appeal has been preferred challenging the judgment and order dated 30th June, 1989 passed by the Sessions Judge, Phulbani convicting the appellants under Section 394/34, IPC and sentencing each of them to undergo rigorous imprisonment for two years.2. The accusation against the appellants was that on 9-9-1988 at about 9 p.m. while P.W, 6 Jogendra Pradhan was coming on road by a cycle from Boudh Block Office with his salary of Rs. 780.00 in his pocket, they robbed the said amount from him by causing grievous hurt on his left hand by a 'Kati' in furtherance of their common object. Hearing the cry of P.W. 6 while his son-in-law, the informant P.W. 1, and others came to the spot, they found P.W. 6 lying on the road with bleeding injury and the appellants running away. FIR being lodged with Boudh P.S., the officers of that police station conducted investigation, got injured Jogendra medically examined, seized the blood-stained clothes and earth, and the appell...
Biswanath Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-04-2007
Reported in: 104(2007)CLT1; 2007(1)OLR743
Sanju Panda, J.1. In the present writ application petitioner has prayed for determining the remuneration in accordance with Clause-19 of Joint Sector Agreement dated 01.09.1982 signed between Industrial Promotion and Investment Corporation of Orissa Limited (in short, 'IPICOL') and the Orissa Handloom Weavers Cooperative Society Limited (in short, 'OSHCSL') who are opposite party Nos. 3 and 4 in the present application.2. Fact in brief is as follows;Petitioner joined as a Member of Orissa Finance Service in the year 1964 after completing training of 14 months. In various capacities he served under the Finance Department. He was selected for one year course post graduate diploma in the year 1970 in Indian Institute of Foreign Trade, New Delhi with permission of the State Government. He joined and completed the course in 1970-1971. While continuing in service in 1982, petitioner was considered suitable by IPICOL for implementation of a garment export project in joint sector. Initially pe...
Doughlas Garden Wilson Vs. None
Court: Orissa
Decided on: May-04-2007
Reported in: 2007(II)OLR180
ORDERS. Panda, J.1. Heard Mr. Das, learned Counsel for the petitioner.2. This Civil Revision has been filed challenging the order dated 23.8.2003 passed by the District Delegate the learned Civil Judge (Senior Division), Bhubaneswar in Probate Misc. Case No. 8 of 2003 wherein he has rejected the petitioner's prayer to get a letter of administration from the Court.3. The facts leading to the case are as follows:Petitioner filed a Probate Misc. Case No. 2 of 1998 before the District Judge, Khurda through his power of attorney holder Shri Pradip Pradhan under Section 278 of the Indian Succession Act stating therein that the probate petition and the executor of the Will are Indian Christian. The grandmother of the petitioner Mrs. Gulbadin Harris, wife of late Samuel Harris of Jatni Town in the district of Khurda executed a registered Will before the Sub-Registrar, Bhubaneswar vide Registration No. 9 dated 6.8.1964 bequeathing her property as per schedule mentioned in the probate petition i...
Harihar Sahoo and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-03-2007
Reported in: 2007(1)OLR768
ORDERA.K. Samantaray, J.1. Heard learned Counsel for the petitioners and the learned Addl. Standing Counsel appearing for the State.2. The petitioners in this Crl. Misc. Case under Section 482 of the Cr.P.C. have prayed for quashing of the proceeding in GR Case No. 2320/ 2005 arising out of Jatni PS Case No. 158/2005 pending before the learned SDJM, Bhubaneswar. It is stated by learned Counsel for the petitioners that chargesheet in the case has already been filed on 20.9.2005 under Sections 341, 294, 506 & 307 of the IPC read with Section 34 of the IPC. The grievance of the petitioners is that offence under Section 307 from the facts and circumstances of the case and the medical report which was obtained on police requisition after examination of the injured is not at all attracted and the police has intentionally added this Section with a view to harass the petitioners. It is also submitted that at best the petitioners' could be chargesheeted under Section 325 of the IPC as there is ...
Land Acquisition Zone Officer Vs. Dhobani Sahu and ors.
Court: Orissa
Decided on: May-03-2007
Reported in: 104(2007)CLT293; 2007(II)OLR56
A.K. Parichha, J.1. This is an appeal by the State against the award passed by the learned Civil Judge (Senior Division), Angul in L.A. Misc. Case No. 14 of 1998 in connection with land measuring A.0.42 decimals appertaining to Plot No. 126/1610 and Khata No. 117 of village Jamunda belonging to the respondents which was acquired for Talcher-Sambalpur Rail Link vide declaration dated 5.3.f1986 published in E.O.G. No. 363 dated 31.3.1986. The Land Acquisition Zone Officer, Talcher-Sambalpr Rail Link after conducting an enquiry under Section 11 of the Land Acquisition Act, 1894 (for short 'the Act') awarded a sum of Rs. 4,460.74 paise for the acquired land and the trees standing thereon. Not being satisfied with the quantum of compensation, the respondents demanded reference of the matter to the Civil Court under Section 18 of the Act and consequently the matter came before the learned Civil Judge (Senior Division), Angul in the above noted LA case.2. To justify higher rate of compensatio...
Land Acquisition Collector Vs. Smt. Sita Dei and Vice-chairman, C.D.A.
Court: Orissa
Decided on: May-03-2007
Reported in: AIR2007Ori152; 2007(II)OLR74
ORDERA.K. Parichha, J.Misc. Case Nos. 8 and 21 of 20061. This is a petition by the claimant-respondent No. 1 seeking direction of this Court to the appellant to deposit the entire awarded amount and to allow him (R-1) to withdraw 50% of such deposited amount without furnishing any guarantee or security and the balance 50% by furnishing bank guarantee or property security. According to the claimant-respondent, her lands were acquired in the year 1983 for Bidanasi Triangular Development Project, but till date she has not received the compensation for the lands as the matter is still pending for determination of the fair market price, as a result, she is undergoing undue hardship and irreparable injury. Counter affidavit has been filed by the appellant wherein it is stated that in view of Order 27, Rule 8-A of the C.P.C., the State Government cannot be asked to deposit the decretal amount or furnish security contemplated under Order 41, Rule 1{3) or Order 41, Rule 5 (5) of the C.P.C.2. Le...
Bulani SwaIn Vs. Special Land Acquisition Officer, M.C.i.i. Project an ...
Court: Orissa
Decided on: May-03-2007
Reported in: 104(2007)CLT460; 2007(II)OLR93
Sanju Panda, J.1. This Civil Revision has been filed challenging the order dated 2nd March, 2001 passed by the Special Land Acquisition & Rehabilitation Officer, M.C.I.I. Project, Jobra, Cuttack. An application was moved by the petitioner under Section 18 of the Land Acquisition Act to refer the matter to the Civil Court for adjudication for higher compensation as her land was acquired by the State Government for Mahanadi Chitratpola island Irrigation Project.2. The facts leading to the case in a nutshell are as follows;The petitioner was owner in possession of the land bearing khata No. 184, plot No. 206 measuring Ac.0.01 dec. and plot No. 207 measuring Ac.0.01 dec. of mouza Anali. As the land was acquired for Mahanadi Chitratpola Island Irrigation Project of district Jagatsinghpur under Land Acquisition Case No. 18 of 1995 and the oral submission of the petitioner had not been taken into consideration while computing the market price of the land and the award was not disclosed to the...
State of Orissa Vs. Baikuntha Nath Panda and anr.
Court: Orissa
Decided on: May-03-2007
Reported in: 2007(II)OLR98
ORDERA.K. Parichha, J. Misc. Case No. 105 of 20031. This is a petition by the appellant-petitioner for stay of further proceeding of Execution Case No. 10 of 2000 pending in the Court of learned Civil Judge (Senior Division) 1st Court, Cuttack till disposal of this appeal.2. The plea of the appellant-petitioner is that the award, which is under challenge in the appeal is being executed in the above noted execution proceeding and if the execution is carried then the purpose of the appeal will be frustrated.3. Objection has been filed by the respondents-opposite parties indicating therein that although their lands were acquired in the year 1985, compensation has not yet been paid as a result they are undergoing undue hardship and irreparable loss. They claim that law does not relish delay in making payment once the award is made and the Land Acquisition Act also clearly prescribes deposit of the awarded amount at every stage of the proceeding and for that reason no stay of the execution ...
Land Acquisition Collector Vs. Smt. Sita Dei W/O. Ramachandra Sahu
Court: Orissa
Decided on: May-03-2007
Reported in: 104(2007)CLT181
ORDERA.K. Parichha, J.Misc. Case Nos. 8 & 21 of 20061. This is a petition by the claimant-Respondent No. 1 seeking direction of this Court to the Appellant to deposit the entire awarded amount and to allow him (R-1) to withdraw 50% of such deposited amount without furnishing any guarantee or security and the balance 50% by furnishing bank guarantee or property security. According to the claimant-Respondent, her lands were acquired in the year 1983 for Bidanasi Triangular Development Project, but till date she has not received the compensation for the lands as the matter is still pending for determination of the fair market price, as a result, she is undergoing undue hardship and irreparable injury. Counter affidavit has been filed by the Appellant wherein it is stated that in view of Order 27 Rule 8A of the C.P.C., the State Government cannot be asked to deposit the decretal amount or furnish security contemplated under Order 41 Rule 1 (3) or Order 41 Rule 5 (5) of the C.P.C.2. Learned...
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