Orissa Court August 2007 Judgments
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Chandramani Jena and ors., Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-23-2007
Reported in: 104(2007)CLT613; 2007(II)OLR577
A.K. Ganguly, C.J.1. These three writ petitions have been filed with a prayer for declaring Clause 4.1 of the advertisement which is under Annexure-6 to W.P.(C) No. 14981 and 14133 of 2006 and Annexure-3 to W.P. (C) No. 1855 of 2007 as illegal, discriminatory and unconstitutional being violative of Articles 14 and 16 of the Constitution of India. The petitioners in these writ petitions claim that they have requisite qualification and eligibility for being appointed in the post of Swechhasevi Sikshya Sahayak and they intend to make application for such posts. But, in view of the impugned Clause 4.1 in the advertisement, which seeks to confine such appointment only to the residents of the block in question in which the appointment will take place, they cannot make the application.2. The advertisement in question is in Oriya language, but the same has been translated into English. The relevant clause which is impugned in these writ petitions is as follows:4.1 For engagement of block-unit ...
Pramod Kumar Satpathy and 11 ors. Vs. State of Orissa and 16 ors.
Court: Orissa
Decided on: Aug-22-2007
Reported in: 104(2007)CLT696
A.K. Ganguly, C.J.1. Two Writ Petitions being W.P.(C) No. 8650 of 2003 and W.P.(C) No. 12484 of 2003 were filed challenging the same Judgment of Orissa Administrative Tribunal (hereinafter referred to as 'the Tribunal') dated 8.5.2003. By the said Judgment the Tribunal held that Rule 5(iv) of the Orissa Special Armed Police(Method of Recruitment and Conditions of Service) Rules, 2000 has to be amended by changing the ratio of promotion. Under the said Rules, recruitment to the post of Assistant Commandant by way of promotion from the rank of Subedar/Subedar Major and Reserve Inspector has been provided and under Rule 5 (iv) the ratio of promotion is 2; 1 between Subedar/Subedar Major and Reserve Inspector.2. W.P.(C) No. 8650 of 2003 has been filed by 12 persons, who were working as Subedar/Subedar Majors and Jamadars in Orissa State Armed Police battalions under various commandants. The Opposite Parties are Sergeants and Reserve Inspectors of the District Reserve Police under the contr...
Rasila Bhupendra Shah and anr. and Ajit NaIn Vs. Indian Charge Chrome ...
Court: Orissa
Decided on: Aug-22-2007
Reported in: AIR2008Ori1; 104(2007)CLT665
I.M. Quddusi, J.1. Letters Patent Appeal No. 40 of 2006 has been filed by Rasila Bhupendra Shah and Belly Merchandise Ltd. who are the share holders of Indian Charge Chrome Ltd. (in short 'ICCL') and Letters Patent Appeal No. 13 of 2007 has been filed by one Ajit Nain, who is not a shareholder of ICCL but holds shares with his wife in the Banks which advanced funds to mortgaged transferor Company, ICCL, against the common Judgment of the Learned Company Judge dated 13th of October, 2006 passed in Company Petition Nos. 15 and 17 of 2006. However, with the consent of the Learned Counsel for the parties, the appeals are treated to have been filed under Section 483 of the Companies Act, 1956 (hereinafter referred to as 'Act').W.P.(C) No. 6889 of 2004 has also been filed by Ajit Nain praying for issuance of writ commanding the Opposite Parties therein to act in accordance with law and to immediately refer the ICCL to BIFR under the Sick Industrial Companies (Special Provisions) Act (in shor...
Smt. Sukanti Naik Vs. Revenue Divisional Commissioner and ors.
Court: Orissa
Decided on: Aug-22-2007
Reported in: 2008(I)OLR209
B.P. Das, J.1. The petitioner has filed this writ petition challenging the order dated 30.1.2004 passed by the Revenue Divisional Commissioner, Southern Division, Berhampur, O.P.1 in O.G.L.S.R.C. No. 13/2002, vide Annexure-1.2. The brief facts, as delineated in this writ petition, tend to reveal as follows:The petitioner, who claims to be the Proprietor of a hotel 'M/s. Hotel Khusi' at Bhawanipatna, on 1.1.2001 applied to the Tahasildar, Kalahandi, O.P.3 for grant of lease of a government land measuring an area of Ac. 0.500 decimals under Khata No. 1456 plot No. 1528/5999 for running a hotel-cum-lodge. The Tahasildar on receipt of such application directed the Amin to cause a field enquiry and submit report by 3.1.2001. Pursuant to such direction of the said Tahasildar, the Amin verified the records and submitted a report indicating that the said plot was not reserved for any purpose and was also free from encumbrances. Considering the Amin's report, the Tahasildar issued a proclamatio...
Abanti Behera Vs. the Collector and Four ors.
Court: Orissa
Decided on: Aug-20-2007
Reported in: 104(2007)CLT835; [2007(115)FLR833]; 2007(II)OLR490
ORDERA.S. Naidu, J.1. Heard Mr. Sachidananda Sahoo learned Counsel for the petitioner, Mr. M.K.Sahoo learned Counsel for Opposite Party No. 5, Mr. B.B.Mohapatra learned Counsel for the intervenors and the learned Counsel for the State.2. The dispute in the present writ petition is with regard to the engagement of Anganwadi Workers at Salanga Anganwadi Centre under Nimapara block.3. Opposite Party No. 5, Rita Swain, in earlier writ petition being W.P.(C) No. 6150 of 2005 had approached this Court with a grievance that as she stood second in the selection list and the candidate who stood first though engaged had tendered his resignation, she should be engaged in the said vacant post.4. In course of hearing of W.P.(C) No. 6150 of 2005, it came to the notice of the Court that Opposite Party No. 5 had already approached the Collector, Puri, by filing a representation dt. 21.3.2005 and, therefore without entering into the arena of dispute this Court disposed of the said writ petition with a ...
Prabir Kumar Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-20-2007
Reported in: 2007(II)OLR435
A.K. Ganguly, C.J.1. The writ petitioner Prabir Kumar Das is an Advocate and claims to be a human right activist. He has filed this writ petition praying for a direction upon the State of Orissa to pay compensation of Rs. 10 lakhs to the victim Pratap Naik in the facts and circumstances mentioned herein below:2. Pratap Naik was an accused alongwith others in Sessions Trial No. 47 of 1989 in the Court of Sessions Judge, Phulbani and was found guilty under Sections 147/337/323 read with Section 149, IPC. He was also found guilty under Section 302, IPC. On account of conviction on all these counts, Pratap Naik was sentenced to undergo R.I. for two years, six years, one year and life respectively and the sentences were directed to run concurrently. In the present case this Court is not concerned with the sentences which were awarded against other accused persons. Thereafter an appeal registered as Criminal appeal No. 5 of 1990 was filed by Pratap Naik and others jointly in this Court while...
Sri Ajaya Dalua Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-17-2007
Reported in: 2007(II)OLR444
ORDERA.K. Samantaray, J.1. This Criminal Misc. Case is being disposed of at the admission stage on the consent of the parties.2. Heard learned Counsel for the petitioner, learned Addl. Standing Counsel as well as learned Counsel appearing for O.P.No.2-the victim lady.3. The petitioner has come with a prayer for quashing of a criminal proceeding in G.R.CaseNo. 183/1998 under Section 376, I.P.C. pending in the Court of J.M.F.C., Nimapara on the ground that this matter has become very old as the occurrence took place in the year 1998 and, in the meantime, the victim lady has got herself married to a person and living as housewife with offspring out of the said marriage and so also the petitioner in this case has also married elsewhere and is living with his wife peacefully and due to intervention of gentlemen of the locality the matter has been settled long since.4. It is also submitted that to that effect an affidavit has been sworn in and filed by the victim lady Manasi Nayak that on th...
Sri Sandeep Jena Vs. State and ors.
Court: Orissa
Decided on: Aug-17-2007
Reported in: 2007(II)OLR441
R.N. Biswal, J.1. The petitioner assails the order dated 3.11.2006 passed by the learned Sessions Judge, Sambalpur in Criminal Revision No. 41 of 2006 dismissing the Revision and confirming the order dated 11.8.2006 passed by the learned S.D.J.M., Sambalpur in CM.A. No. 143 of 2006 arising out of C.T. Case No. 1113 of 2006 refusing release of Rs. 81 lakh in his favour.2. The facts leading to filing of the present CRLMC in short is that on 19.7.2006 Ramakrushna Khuntia @ Pichu (Opp. party No. 2) lodged a written report before the I.I.C.-in-charge of Town P.S., Sambalpur alleging that on 18.7.2006 while he was absent in the house, some miscreants broke open his house and committed theft of one set of gold necklace weighing 5 Bharies, 2 ear-rings, 2 rings and one suit-case belonging to his sister Smt. Rajeswari Jena. As the report revealed a cognizable case, the I.I.C.-in-charge registered it under Sections 457/380 of I.P.C. and directed A.S.I., Sri S.K.Acharya to take up investigation. A...
Chandrasekhar Mohanty and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-17-2007
Reported in: 104(2007)CLT779; 2007(II)OLR459
L. Mohapatra, J.1. The plaintiffs have filed this writ application questioning the legality of the order dated 2.4.2004 passed by the learned Civil Judge (Senior Division), Puri in T.S.No. 51 of 2000 directing stay of further proceeding in the said suit in terms of Section 10 of the Code of Civil Procedure.2. As it appears from the impugned order, an application under Section 10 of the C.P.C. was filed by the opposite party No. 5 and the plaintiff in T.S.No. 151 of 2000 for stay of further proceeding of both the suits till finalization of O.E.A. Appeal No. 8 of 2002. Earlier an order was passed in T.S.No. 51 of 2000 for analogous hearing with T.S.No. 151 of 2000. In view of the above, both the petitions were heard together and were disposed of by the common impugned order. In the application filed under Section 10 of the C.P.C. in T.S.No. 51 of 2000 it was contended that the disputed property under Khata No. 35 stood recorded in the name of Lord Jagannath Mahaprabhu Bije Puri Marfat Ma...
Indian Tea Provisions Ltd. Vs. Hotel Repose Pvt. Ltd.
Court: Orissa
Decided on: Aug-17-2007
Reported in: 104(2007)CLT826; 2007(II)OLR477
L. Mohapatra, J.1. This writ application is directed against the order dated 28.10.2006 passed by the learned Additional Civil Judge (Senior Division), Puri in Misc. Case No. 10 of 2000 allowing the application filed by the opposite party under Order 9 Rule. 13 C.P.C. for setting aside the ex parte decree passed against him in T.S.No. 16/290 of 96/92.2. The petitioner, who is plaintiff before the Trial Court, had filed the suit for a decree of eviction and delivery of possession. The plaintiff-petitioner also prayed for recovery of arrear rent and mesne profits. The opposite party, who is defendant in the suit, had entered appearance but subsequently, when the case was posted for hearing, he failed to appear before the Court and was set ex parte. Thereafter, the ex parte decree was passed on 17.2.2000. An application was filed by the opposite party under Order 9 Rule 13 C.P.C. for setting aside the said ex parte decree, which was registered as Misc. Case No. 10 of 2000. The said petiti...
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