Orissa Court June 2007 Judgments
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Md. Ayub Khan Alias Yunus Khan Vs. State of Orissa
Court: Orissa
Decided on: Jun-18-2007
Reported in: 2007CriLJ3914
ORDERA.S. Naidu, J.1. On the basis of an FIR filed by IIC Plant Site P.S., Rourkela on 23-8-2005 alleging recovery of some arms from the petitioners and others. Plant Site Rourkela P.S. Case No. 315/2005 was registered for commission of offences under Section 25(1)(a) and 25(1-A) of the Arms Act. The said case was subsequently registered as G.R. Case No. 1528/2005 in the Court of S.D.J.M. Panposh. After perusal of the charge-sheet and other relevant documents contained in the case diary and after due application of mind, learned S.D.J.M. Panposh by order dated 12-12-2005 took cognizance of the offences under Section 25(1)(a)/25(lA) of the Arms Act. Thereafter the petitioners filed an application under Section 227 of the Cr. P.C. for discharging them of the alleged offences, but the learned S.D.J.M. by order dated 16-1 -2006 rejected the said petition and framed charges under Sections 25(1)(a) and 25(1-A) of the Arms Act against them. Being aggrieved by the said order the petitioners an...
Doki Surya Prakash Rao Vs. Gopal Krishna Dolai
Court: Orissa
Decided on: Jun-18-2007
Reported in: AIR2007Ori168
ORDERA.S. Naidu, J.1. The petitioner was the defendant in T.S. No. 223 of 1990 of the Court of the Civil Judge (SD), Berhampur. The said suit was inter alia for specific performance of contract, and in the alternative for realization of certain amount with interest thereon. The suit was decreed as long back as on 22nd June, 1998. The decree is sought to be executed in Execution Petition No. 27 of 2003. The order dated 3-5-2003 passed by the executing Court is assailed in this writ petition.2. Bereft of unnecessary details, the facts of the case are that Khali Dolai, the father of the opposite party, had filed the aforesaid T.S. No. 223 of 1990 inter alia contending that being in need of money the defendant-petitioner had approached him wishing to sell the suit property and Khali being interested to purchase the same an agreement was entered into in that regard among them on 18-1 -1986. In consonance with that agreement certain amounts were paid on different dates by Khali to the defend...
Maheswar Singh Vs. Radhamadhab Jew Thakur
Court: Orissa
Decided on: Jun-18-2007
Reported in: AIR2007Ori190
A.K. Parichha, J.1. This appeal is directed against the judgment and decree dated 15-9-2005 and 29-9-2005 respectively passed by the learned District Judge, Cuttack in RFA No. 132 of 2004 confirming the judgment dated 21 -9-2004 passed by the learned Civil Judge (Junior Division), Second Court Cuttactk in Title Suit No. 164 of 2001.2. The present respondent, as plaintiff, filed the above noted suit for eviction of the present appellant from the suit house and i for recovery of arrear rent. The plaintiffs case in essence is that the defendant was inducted as a tenant in the suit house as monthly tenant on the basis of the agreement dated 24-4-1969, but even after expiry of the period of tenancy contemplated in the agreement defendant did not give vacant possession of the house for which a notice under Section 106 of the T.P. Act was served and the suit for eviction and arrear rent was filed. Defendant in his written statement took the plea that the lease agreement dated 24-4-1969 was fo...
Arakhita Naik and ors. Vs. Narasingh Naik
Court: Orissa
Decided on: Jun-18-2007
Reported in: AIR2007Ori175
ORDERA.S. Naidu, J.1. The judgment-debtors are petitioners in this Writ application.2. T.S. No. 50 of 1964 was filed by the opposite party as the sole plaintiff in the Court of the then Munsif, Berhampur. The suit was decreed on 6-8-1973 directing the sole defendant Bharat Naik to deliver the suit schedule property to the plaintiff. Against the said decree the defendant preferred an appeal before the then Addl. Subordinate Judge, Berhampur which was registered as T.A. No. 21 of 1976 (T.A. 78 of 1973). The appellate Court by judgment and decree passed on 7-10-1977 confirmed the decree of the trial Court and dismissed the appeal with costs.3. Thereafter the plaintiff decree holder field petition before the trial Court on 14-8-1989 praying for execution of the decree for recovery of possession of the suit property which was registered as Execution Petition No. 37 of 1989. the judgment-debtor appeared in Court and filed a petition under Section, 47 read with Order 21, Rule 23 of the Code o...
Ram Chandra Muduli Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jun-18-2007
Reported in: AIR2007Ori177
ORDERA.S. Naidu, J.1. The grievance of the petitioner in this writ petition is with regard to denial of the benefits of Swatantrata Sainik Samman Pension (for short SSSP) to him by the Ministry of Home Affairs, Government of India. Prayer is made to quash the order dated 3rd March, 2005 rejecting the claim made by the petitioner under the SSSP Scheme.2. According to the petitioner during the Darbar Administration of Khandapada Ex-State he took active part in freedom struggle and the administration being enraged harassed him in many ways by implicating him in false cases, issuing warrants against him and getting him arrested. It is alleged that for his taking active part in Prajamandal Movement he was subjected to underground stay at Manikagoda from 25-3-1945 to 15-11-1945. Considering the aforesaid facts the State of Orissa has been pleased to grant freedom fighter pension to him since 9-3-1988. According to him as he satisfies the eligibility to receive pension under SSSP Scheme also ...
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