Orissa Court August 2007 Judgments
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Jugal Kishore Nayak Vs. the Authorised Officer-cum-divisional Forest O ...
Court: Orissa
Decided on: Aug-16-2007
Reported in: 2007(II)OLR605
ORDER1. Heard Mr. G. C. Rout, learned Counsel for the petitioner, Mr. C.A. Rao, learned Counsel appearing for the Forest Department as well as learned Additional Government Advocate.2. The petitioner had approached this Court earlier in W.P.(C) No. 6676 of 2007 and this Court considering the request of the learned Counsel for the petitioner by order dated 26.7.2007 allowed the petitioner to withdraw the writ petition with liberty to file a property couched writ petition.3. Now the present writ petition has been filed. The petitioner challenges the confiscation proceeding initiated against the vehicle, i.e., Mahendra Max Pick-up Van bearing Registration No. OR-05-V05787 under Section 56 of the Orissa Forest Act for illegal transportation of 30 bags of Arguna Kanda, which in Oriya, as stated by Mr. C.A. Rao, is called as 'Odasamari'. Now the proceeding under Section 56 of the Orissa Forest Act is continuing and the petitioner prays for release of his vehicle. Mr. C.A. Rao strongly object...
Biranchi Pradhani and Three ors. Vs. State of Orissa
Court: Orissa
Decided on: Aug-13-2007
Reported in: 2007(II)OLR410
R.N. Biswal, J.1. The appellants assail the judgment and order dated 18.12.1991 passed by the Addl. Sessions Judge, Titilagarh in Sessions Case No. 101/5 of 1990-91 convicting the accused-appellants for offence under Sections 366/34 IPC and sentencing each of them to undergo R.I. for one year and to pay a fine of Rs. 100/- and in default to undergo R.I. for 15 days more.2. Succinctly stated the case of the prosecution is that on 29.10.1984 during morning hour P.W.6, a minor girl (the victim) alongwith her sister P.W.3 and some of her co-villagers went to Jurabandh market to sell guava and dry fish. At about 11.00 A.M., while they were returning home, on the way, near Dhubapali all the accused-appellants emerged out from a bush and accused Balaram @ Guman Patra forcibly dragged P.W.6 to his house in order to marry her against her will and without consent. In the process an earthen pot containing molasses and brinjals held by the victim fell down and got broken. When the companions of th...
Pravat Kumar Ghosh Vs. Jharana Ghosh and ors.
Court: Orissa
Decided on: Aug-10-2007
Reported in: AIR2008Ori9; 2007(II)OLR429
L. Mohapatra, J.1. This writ application is directed against the order dated 10.5.2007 passed by the learned District Judge, Puri in R.F.A. No. 43 of 2007 returning the memorandum of appeal for presentation before the appropriate Court on the ground that he had no pecuniary jurisdiction to entertain the appeal.2. The opposite party No. 1 had filed C.S. No. 119 of 2003 for specific performance of contract against opposite parties 2 to 8. During pendency of the suit, a compromise was effected between the parties and accordingly, the suit was disposed of in terms of the compromise on 3.7.2003. Opposite party No. 1-decree-holder filed Execution Case No. 15 of 2003 for executing the compromise decree. In terms of the writ issued by the executing Court, the Amin Commissioner visited the spot on 11.5.2004 and found the petitioner in possession of the disputed house and accordingly, he sought for police help to execute the decree. At that point of time, the petitioner came to know about such d...
Land Acquisition Officer Vs. Mukunda Domb and Two ors.
Court: Orissa
Decided on: Aug-09-2007
Reported in: 104(2007)CLT829; 2007(II)OLR450
ORDERA.K. Parichha, J.1. This appeal has been directed against the order of the learned Civil Judge (Senior Division), Bhawanipatna passed in MJC No. 5 of 2001 answering a reference under Section 18 of the Land Acquisition Act (in short, 'the Act').2. Ac. 1.57 dec. of land appertaining to Holding No. 87, Plot Nos. 6, 7, 43, 44, 47, 49 and 53 of village Budhipadar in the district of Kalahandi belonging to the claimants-respondents was acquired for the construction of Turla Minor Irrigation Project vide Government notification No. 18059 dated 23.3.1999, and declaration No. 59667 dated 7.12.1999. The Land Acquisition Collector after conducting enquiry under Section 11 of the Act awarded compensation of Rs. 44,433/- including solatium to the claimants. Being dissatisfied with the said amount of compensation, the claimant-respondents requested for reference of the matter to the Civil Court under Section 18 of the Act and in consequence, the matter came up before the learned Civil Judge (Sen...
Land Acquisition Officer Vs. Dasa Goud and anr.
Court: Orissa
Decided on: Aug-09-2007
Reported in: 2007(II)OLR647
ORDERA.K. Parichha, J.1. This appeal has been filed by the State against the award passed by the learned Civil Judge (Senior Division), Bhawanipatna in MJC No. 4 of 2001 answering a reference under Section 18 of the L.A.Act.2. Ac. 1.08 dec. of land appertaining to Holding No. 46, Plot No. 9 of village Budhipadar in the district of Kalahandi belonging to the claimants-respondents was acquired for the construction of Turla Minor Irrigation Project vide Government notification No. 18059 dated 23.3.1999, and declaration No. 59667 dated 7.12.1999. The Land Acquisition Collector after conducting enquiry under Section 11 of the Act awarded compensation for Rs. 34,080/- including solatium to the claimants. Being dissatisfied with the said amount of compensation, the claimant-respondents requested for reference of the matter to the Civil Court under Section 18 of the Act and in consequence, the matter came up before the learned Civil Judge (Senior Division), Bhawanipatna in the above noted M.J....
Alekha Chandra Behera and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-08-2007
Reported in: I(2008)DMC556; 2007(II)OLR528
M.M. Das, J.1. The petitioners in this application filed under Section 482 of the Code of Criminal Procedure seek to quash the proceeding in G.R.Case No. 1522 of 2005.2. The opp. party No. 2 - Sukanti Behera filed a complaint case being ICC Case No. 1525 of 2005 in the Court of the learned S.D.J.M., Bhubaneswar alleging that though she lodged an F.I.R. against the petitioners for commission of offence under Sections 493/376/ 506/313/498A/307/34 IPC read with Section 4 of the D.P.Act, as no steps were taken by the police, she lodged the complaint case. The said complaint petition was sent by the learned S.D.J.M. to the Balianta Police Station under Section 156(3) Cr.P.C. for investigation. On the basis of the said complaint petition, Balianta P.S.Case No. S3 of 2005 was registered and after completion of the investigation, a charge sheet has been filed for offences punishable under Sections 498A/ 307/313/34 IPC read with Section 4 of the D.P.Act and cognizance of the said offences has b...
Smt. Meera Piri Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-08-2007
Reported in: 104(2007)CLT445; 2007(II)OLR533
S. Panda, J.1. This Writ Petition has been filed by the Petitioner challenging the Order dated 15.02.1999 passed by the Orissa. Administrative Tribunal, Bhubaneswar (hereinafter referred to as 'the Tribunal') in OA No. 2936 of 1996 wherein the Tribunal has rejected the application of the Petitioner for regularization/absorption in the post of Junior Stenographer with effect from 21.08.1996.2. The facts of the case are as follows;Petitioner was appointed as an N.M.R. on 01.04.1979 under the Budget Branch of the Office of the Executive Engineer, Bhadrak R & B Division. She was discharging her duties as per the duties assigned to her from time to time as a Clerk, Typist, Stenographer and Tracer in the regular establishment but she was denied the equal pay as that of a regular employee. In this regard; the Executive Engineer issued a certificate on 10.09.1985 that the Petitioner is working as clerk-cum-stenographer in his office. While the matter stood thus, 1787 N.M.R. employees working u...
Smt. Suryamani Sarangi Vs. Pravakar @ Prava Sankar Sarangi and anr.
Court: Orissa
Decided on: Aug-03-2007
Reported in: 104(2007)CLT692; 2007(II)OLR370
L. Mohapatra, J.1. This writ application is directed against the order dated 25.3.2006 passed by the learned Additional District Judge, (First Track Court), Sambalpur in R.F.A. No. 1/29/1 of 2002-03-04 rejecting an application to stay further proceeding of the aforesaid appeal till disposal of T.S.No. 82/20 of 2002-04 pending before the learned Civil Judge (Senior Division), Sambalpur.2. The case of the petitioner is that one Narayan Sarangi who was the common ancestor had four children namely, Padmanav, Kapila, Labanya and Baidyanath. Padmanav died issueless leaving behind his wife Jankia and Baidyanath also had no issue. Kapila had six children out of whom Pravakar claims to be the adopted son of Baidyanath. Pravakar is the plaintiff in T.S.No. 111 of 1991 out of which an appeal is pending before the learned Additional District Judge and he is also the plaintiff in T.S.No. 82/20 of 2002-04. In T.S.No. 111 of 1991 admittedly Tilotama, Bijaya, Pankajini and Jayashree the other children...
Pradeep Kumar Rout Vs. State of Orissa
Court: Orissa
Decided on: Aug-03-2007
Reported in: 2007(II)OLR452
ORDERM.M. Das, J.1. Several Vigilance Cases have been instituted against the present petitioner. Allegations in all the cases, except one, are for commission of alleged offence punishable under Sections 120B/420/467/468/472 IPC read with Section 13(2) and 13(i)(d) of the Prevention of Corruption Act, 1988.2. The prosecution alleges that the then Managing Director of Orissa Rural Housing Development Corporation (for short, 'the Corporation') in conspiracy with the other subordinate officials of the said Corporation and private builders sanctioned and disbursed loan amounting to crores of rupees by bifurcating the said money into small individual loans limited to Rs. 5,00,000/-. It is further alleged that in such method, as the money, which is meant for the rural poor people, was advanced to private builders who have also admittedly become chronic defaulters in repaying the said loans and, as such, the Corporation has sustained huge loss. The petitioner was working as the Accounts Office...
National Aluminum Company Limited Vs. the Doaba Industrial and Trading ...
Court: Orissa
Decided on: Aug-03-2007
Reported in: AIR2008Ori12; 2008(1)ARBLR330(Orissa); 104(2007)CLT454
S. Panda, J.1. This Civil Revision is directed against an Order dated 19.12.2005 passed by the Learned 2nd Addl. Civil Judge (Senior Division), Bhubaneswar in M.S. No. 792/319 of 2004/1995 rejecting an application of the Petitioner under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') to stay the further proceedings of the suit as the dispute is already under the arbitration proceeding between the parties.2. The brief facts of the case are as follows; The Petitioner-company is the Defendant and the Opposite Party is the Plaintiff before the Court below. Opposite Party had filed a Money Suit No. 319/792 of 1995/2004 before the Court below for realization of an amount of Rs. 28,585/- from the Defendant along with pendente lite interest and future interest at the rate of 18% per annum. The suit was filed on 24.7.1995. The case of the Plaintiff is that he was awarded a security contract No. MKTG/Exp/Paradeep- C & F/Security and the said contra...
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