Orissa Court August 2007 Judgments
Special Secretary to Govt. in General Administration Deptt. and anr. V ...
Court: Orissa
Decided on: Aug-30-2007
Reported in: 2007(II)OLR557
A.K. Parichha, J.1. This is an appeal by the defendants against the judgment and decree of learned Civil Judge (Sr.Division), Bhubaneswar in Title Suit No. 382 of 1998.2. Respondent as plaintiff filed the above said suit for declaration of his title, confirmation of his possession over the suit land, for issue of permanent injunction restraining the defendants from interfering in his possession over the same and also for direction to the defendants to declare that the record of the suit land prepared by the settlement authorities is wrong and illegal and to prepare the record of rights for the suit land in his name and to disburse that record of rights to him.3. The plaintiff-respondent's case in brief was that late Choudhury Chakradhar Mohapatra, the Ex-Zamindar of Gadakana area was in occupation of Ac. 64.65 decimals of Anabadi land including the suit land. The said Zamindar permanently leased out the suit land measuring Ac. 1.00 in favour of the respondent's father by means of a HAT...
Tag this Judgment!Land Acquisition Zone Officer, Talcher-sambalpur Rail Link Vs. Buta Be ...
Court: Orissa
Decided on: Aug-30-2007
Reported in: 2007(II)OLR766
Sanju Panda, J.1. This appeal is directed against the award dated 15th of March, 1997 passed by the learned Civil Judge (Sr. Divn.), Angul, in Land Acquisition Case No. 137 of 1993 on a reference made under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act').2. The brief facts of the case are as follows:The claimant-respondent's land comprising Gharabari and Baje fasal measuring an area of Ac. 137 decimals appertaining to Khata No. 130 of village Handapa along with some trees was acquired by virtue of the Government Declaration No. 75915 dated 17.12.1988 published in E.O.G. No. 30 dated 5.1.1989 for construction of Talcher-Sambalpur Rail Link. The Land Acquisition Officer, Dhenkanal determined compensation at Rs. 18,225/- for the land and Rs.70/- for the trees and awarded the compensation of Rs.25,726/- along with other statutory benefits. The claimant-respondent received the said compensation on protest.3. Being aggrieved by the said determination, the claima...
Tag this Judgment!State of Orissa Vs. Sachindra Kumar Behera and ors.
Court: Orissa
Decided on: Aug-30-2007
Reported in: 2007CriLJ4792; I(2008)DMC491NULL
R.N. Biswal, J.1. This appeal has been preferred by the State of Orissa against the judgment and order dated 1-10-1992 passed by the Assistant Sessions Judge, Anandpur in S.T. Case No. 19/49 of 1992 wherein he acquitted the accused persons of the charge under Sections 304B/498A of IPC and Section 4 of D.P. Act.2. Shorn of unnecessary details the prosecution case is that on 12-7-1991 accused Sachindra Behera led deceased Manorama to the altar in accordance with Hindu rites and their caste custom. The father of the deceased, in keeping with his financial capacity presented some household articles and ornaments to the deceased before the marriage alter. Accused Sachindra Behera demanded a gold chain at the time of Pakhalkhia and when it could not be complied with skirmishes erupted between the couple. There was also illicit relationship between accused Sachindra and accused Snehalata Behera, the wife of his brother who added fuel to the fire in their strained relationship. He, along with ...
Tag this Judgment!Nakula Nayak Vs. Debaraj Nayak
Court: Orissa
Decided on: Aug-30-2007
Reported in: 2008(I)OLR261
ORDEROpposite party has entered appearance. Therefore, this writ petition is disposed of at the stage of admission on consent of the parties.Heard.1. Order dated 18.08.2007 in Election Misc. Case No. 18 of 2007 of the learned Civil Judge (Junior Division), Khurda, is under challenge. The writ petitioner as opposite party in that election dispute prayed to issue summons to B.D.O. to be examined as examine witness from his side. That application was rejected on the ground that the Election Officer-cum-B.D.O. is a public servant and without calling for document, securing his attendance for deposing in the case is not proper. Such is not the position of the law under the G.P. Act, C.P.C. or Evidence Act, therefore, the said order is set aside and the Court below is directed to allow the application of the writ petitioner and to permit him to examine the said officer as witness on behalf of opposite party. However, if the opposite party fails to secure the attendance of the witness on prope...
Tag this Judgment!Sapa Simadri Patro (Dead), After Him Sapa Mahalaxmi Vs. State of Oriss ...
Court: Orissa
Decided on: Aug-29-2007
Reported in: 2007(II)OLR722
A.K. Parichha, J.1. This is an appeal against the judgment and decree passed by learned 2nd Additional District Judge, Berhampur in Title Appeal No. 17 of 1985 (T.A.No. 56/84, GDC) confirming the judgment and decree of learned Munsif, Berhampur in Title Suit No. 74 of 1983.2. The present appellant as plaintiff filed the above noted suit for injunction against the defendant-respondents in respect of the suit Schedule 'A' land. His case in brief was that originally one Erkula Babu was in possession and enjoyment of the suit schedule land for many years and had acquired title over the same. He sold 80 cents of land to the plaintiff in the year 1973 and along with this land he also delivered some more lands situated in survey plot No. 547. The plaintiff after taking possession of these lands made some improvements and remained in cultivating possession thereof. When the matter stood thus, an encroachment case bearing L.E.C. No. 170 of 1975 was initiated against him in respect of the suit l...
Tag this Judgment!Sankar Naik Vs. State of Orissa
Court: Orissa
Decided on: Aug-24-2007
Reported in: 2007(II)OLR474
R.N. Biswal, J.1. This appeal is directed against the judgment and order dated 14.12.1992 passed by the 1st Addl. Sessions Judge. Berhampur in Sessions Case No. 40/90 (161/91 GDC) wherein while acquitting the accused-appellant and the co-accused of the offence under Section 302/34 I.P.C. he found the accused-appellant guilty of the offence under Section 323 of I.P.C. and convicted and sentenced him thereunder to undergo R.I. for six months with direction that the period of detention as U.T.P. shall be set off.2. It is an admitted fact that deceased Benu Naik, was the son-in-law and accused-appellant and the juvenile delinquent Lochan are the sons of accused Balaram Naik (since acquitted). The case of the prosecution in nub is that on 1.6.1991 at about 8 A.M. when deceased Benu Naik asked for repayment of the money to accused Balaram which he had owed to him, the latter told him to come to his house and accordingly as he went there accused Sankar Naik and Lochan refused to make payment ...
Tag this Judgment!Kshyema Karan Giri Vs. State of Orissa
Court: Orissa
Decided on: Aug-24-2007
Reported in: 2007(II)OLR447
L. Mohapatra, J.1. The petitioner in this writ application challenges the legality of the order in Annexure-3 passed by the Collector, Keonjhar in a proceeding under Section 6A of the Essential Commodities Act directing confiscation of 11,180 litres of kerosene oil and also directing for sale of the seized kerosene oil as well as the order passed by the learned District and Sessions Judge, Keonjhar dismissing the Criminal Appeal filed against the said order of confiscation.2. The case of the petitioner is that he was functioning as Kerosene Sub-wholesaler at Bhanda in Champua Block in the district of Keonjhar. On 30.1.2006, the Sub-Divisional Enforcement Squad inspected the business premises of the petitioner, verified the records and found shortage of 40 litres of kerosene oil. Having found shortage of 40 litres of kerosene oil, the entire stock of 11,180 litres of kerosene oil were seized and given in zima of the President of Mahalaxmi W.S.H.G. Group, Mundusahi, Bhanda. Upon seizure ...
Tag this Judgment!Snehalata Parija Vs. Gour Raj Gouri and anr.
Court: Orissa
Decided on: Aug-24-2007
Reported in: 104(2007)CLT686; 2007(II)OLR493
L. Mohapatra, J.1. The plaintiff is the petitioner in this writ application. She challenges the legality of the order dated 2.7;2004 passed by the learned Civil Judge (Senior Division), 1st Court, Cuttack in T.S.No. 230 of 2000 allowing an application filed by the opposite party No. 2 under Order 22, Rule 10(1) of the Code of Civil Procedure for being impleaded as defendant in the suit.2. The suit has been filed by the petitioner against the opposite party No. 1 for specific performance of contract and for permanent injunction in respect of the suit property. Case of the opposite party No. 2 is that during pendency of the suit he purchased A-Schedule property from the opposite party No. 1 who is the sole defendant in the suit under a registered sale-deed dated 20.8.2002 on consideration of rupees three lakhs. The suit property having devolved on him under a registered sale-deed, he is a necessary party to the suit. Though the petitioner did not file any objection to the said petition b...
Tag this Judgment!Pradeep Kumar Sharma and anr. Vs. State of Orissa
Court: Orissa
Decided on: Aug-24-2007
Reported in: 2008CriLJ257
ORDERR.N. Biswal, J.1. The petitioners have sought for quashing of the criminal proceeding initiated against them in G.R. case No. 173 of 2005, arising out of Loisingha P.S. case No. 171 of 2005 pending on the file of J.M.F.C. Loisingha and the orders dated 3-1-2006 taking cognizance of the offence under Sections 379/411/120B/34 of IPC and issuing N.B. Ws. of arrest against them.2. Succinctly stated prosecution case is that on 25/26-10-2005 at about 1.30 a.m. while Ganesh Padhan, the Security Supervisor of 220 KV Grid Co. Tower line along with other security guards was engaged in patrolling duty, saw one trekker and one truck coming from village Kutarapalli towards village Sakma. On suspicion they detained both the vehicles, on the midway, between village Sakma and Kuturapalli. During this time 10 to 12 persons sitting in the truck jumped out of it and fled away in darkness. Similarly 3 to 4 persons sitting in the trekker took to their heels. Immediately the Security Supervisor and the...
Tag this Judgment!Shree Steel Industries Vs. Western Electricity Supply Company of Oriss ...
Court: Orissa
Decided on: Aug-24-2007
Reported in: AIR2008Ori53; 2008(I)OLR297
ORDERHeard Miss S.L. Patnaik, learned Counsel for the petitioner and Mr. B.K. Nayak, learned Counsel for O.Ps.1. The petitioner is a partnership Firm and is engaged in manufacturing iron and steel rods in the district of Jharsuguda. For non-payment of the outstanding loan dues by one M/s. Konark Ferro Alloys Pvt. Ltd., Jharsuguda, to the Orissa State Financial Corporation, the said unit was put to auction and the petitioner purchased the properties of the said unit and running the unit at Jharsuguda. The powej supply to M/s. Konark Ferro Alloys Pvt. Ltd. was disconnected because of non-payment of electrical dues to the tune of Rs. 6,16,307.01 and disconnection was made on 24.4.20O1. After taking over the aforesaid unit, when the petitioner applied for supply of power by entering into an agreement with the O.Ps., the O.Ps. initially demanded payment of the dues outstanding against the previous consumer, i.e., M/s. Konark Ferro Alloys Pvt. Ltd., and thereafter the petitioner entered into...
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