Orissa Court September 2007 Judgments
Janmejaya Mohapatra Vs. State of Orissa
Court: Orissa
Decided on: Sep-28-2007
Reported in: 105(2008)CLT30
P.K. Tripathy, J.1. Heard argument from the parties, hearing is concluded and the Judgment is as follows.Judgment and order of conviction passed by Learned Sessions Judge-cum-Special Judge, Sundargarh in 2(c) CC No. 7 of 1988 (T.R. No. 11 of 1988) is under challenge. Accused as the Secretary of Samaleswary Consumers Co-operative Store, Sundargarh, faced the trial for committing breach of Condition Nos. 2(b) and 1(b) of the Orissa Rice and Paddy Control Order and the Orissa Wheat Control order respectively, making out an offence under Section 7(1)(a)(i) of the Essential Commodities Act, 1955 (in short 'the Act').2. According to the case of the prosecution, in course of a chance detection of lifting of less quantity of food-grain by two retail dealers, the business premises/godown/Store of the Co-operative Society was searched and verified relating to stock and storage. Accused as the Secretary of the Society, co-operated with the Supervisor (P.W. 5) and the Supply Staff besides an Execu...
Tag this Judgment!Gani Behera and Seven ors. Vs. State of Orissa
Court: Orissa
Decided on: Sep-28-2007
Reported in: 2008(I)OLR131
P.K. Tripathy, J. 1. Heard argument from the parties, hearing is concluded and the judgment is as follows.2. Appellants were prosecuted for the offence under Sections 395/447/427, I.P.C. in the Court of Additional Sessions Judge, Jajpur, vide Sessions Trial No. 247/37 of 1988 arising out of I.C.C. Case No. 699 of 1981 of the Court of S.D.J.M., Jajpur. It is noted in the impugned judgment that the complainant and the accused persons are co-sharers and a suit for partition filed by the accused persons was decreed, and according to that decree the disputed area in the complaint petition fell to the share of the accused persons. In respect of that civil dispute ultimately the parties approached this Court in Second Appeal. Complainant states that with the allegation of demolition of a portion of the wall, a complaint was filed at an earlier stage in the year 1981, He again filed the complaint for the second time alleging that on 30.09.1981 accused persons forming an unlawful assembly, came...
Tag this Judgment!Collector Vs. Rama Chandra Sarangi
Court: Orissa
Decided on: Sep-28-2007
Reported in: 105(2008)CLT479
S. Panda, J.1. This appeal is directed against an award dated 3.2.1994 passed by the Learned Civil Judge (Sr. Divn.), Puri, in Land Acquisition Misc. Case No. 100 of 1991 on a reference made under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act'). State is the Appellant.2. The brief facts of the case are as follows:The claimant-Respondent's land measuring an area of Ac.0.30 decimals in Plot No. 188 under Khata No. 136 in Mouza Brahmagiri was acquired by the State for construction of a bridge over the river South Kama. The acquisition was made in the year 1988 vide Declaration No. 51334 dated 8.8.1988 which was published in Extraordinary Orissa Gazette No. 1293 dated 6.9.1988. As the Kisam of the land was Sarada II, determining the market value of the land acquired at the rate of Rs. 12,000 per acre, the Land Acquisition Collector determined the compensation at Rs. 3600A for Ac.0.30 decimals of land along with other statutory benefits and awarded a total comp...
Tag this Judgment!Jujesthi Bhoi Vs. State of Orissa
Court: Orissa
Decided on: Sep-27-2007
Reported in: 2007(II)OLR658
R.N. Biswal, J.1. The appellant has preferred this appeal against the judgment and order dated 28.11.1989 passed by the Addl. Sessions Judge, Bargarh in Sessions Trial No. 18/7 of 1989 wherein while acquitting the co-accused he convicted the accused-appellant for the offence under Section 325 of I.P.C. and sentenced him thereunder to undergo R.I. for one year.2. The laconic fact of the prosecution case is that on 23.7.1988 P.Ws. 3, 4 and 7 sowed paddy in plot No. 2244 appertaining to Khata No. 176 covering an area of Ac. 0.12 decimals locally known as Budhendoli/Talidoli in mouza Kebad. In the night, since there was heavy down pour of rain, on the day break, all of them went to the said land to drain out water, if accumulated and on reaching there saw accused Somanath Bhoi ploughing it, while accused Sabitri Bhoi, Indrajit Bhoi and accused-appellant Jujesthi Bhoi standing on the ridge. P.Ws. 4 and 7 protested the highhandedness of the accused persons and prevented accused Somanath Bhoi...
Tag this Judgment!Narayan Gope Vs. Orissa Forest Development Corporation Ltd. and Two or ...
Court: Orissa
Decided on: Sep-27-2007
Reported in: 2007(II)OLR764
ORDER1. Heard learned Counsel for the petitioner as well as the learned Counsel for the opposite parties-Corporation.2. The petitioner, who is working as a Crane Operator in the Forest Development Corporation Ltd., has filed this writ petition with a prayer to regularize his services from 15.06.1983.3. As the fact goes, according to the petitioner, the OFDC (O.P. No. 1) in the year 1980 executed an agreement with the employees' Union under the provisions of the Orissa Forest Corporation Ltd. Daily Rated/ Consolidated Rated Workers Service Regulations Rules, 1980, wherein it was agreed that O.P. No. 1 will introduce a rule and the same shall form part of the agreement. Accordingly, the rule was framed and accepted by the parties. In terms of the agreement, the petitioner has been regularized on and from 6.6.1989 vide Annexure-3. According to learned Counsel for the petitioner, the petitioner should have been regularized from 15.06.1983 instead of 06.06.1989 as per Annexure-1, which is t...
Tag this Judgment!Gouranga and Gouranga Ch. Pothal Vs. Ananta Ch. Pothal and ors.
Court: Orissa
Decided on: Sep-27-2007
Reported in: 105(2008)CLT527
A.K. Parichha, J.1. Since both the appeals as well as the cross-appeal in First Appeal No. 224 of 1993 arise out of the common Judgment passed by the Learned Subordinate Judge, Balasore in L.A. Mise. Case Nos. 135 of 1988, 147 of 1989 and 161 of 1989, they are heard together and disposed of by this common order.2. L.A. Misc. Case No. 135 of 1988 relates to L.A. Proceeding No. 5 of 1987, L.A. Misc. Case No. 147 of 1989 relates to L.A. Proceeding No. 4 of 1987 and L.A. Misc. Case No. 161 of 1989 relates to L.A. Proceeding No. 3 of 1987. In the above noted L.A. proceedings Ac. 1.64 decimals, Ac.0. 66 decimals and Ac.5.54 decimals of land belonging to one Mahendra Pothal situated in village Naraharipur, Bangargan and Palasandha were acquired for establishment of Industrial Growth Centres. The Land Acquisition Collector, Balasore after enquiry awarded compensation of Rs. 45,182/-, Rs. 16,567.80 paise and Rs. 1,37,199/- respectively for the aforesaid lands in favour of Guramani Pothal, Goura...
Tag this Judgment!Rabindranath Mishra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-26-2007
Reported in: AIR2008Ori19
I.M. Quddusi, J.1. By means of this writ petition, the petitioner has raised his grievance against denying his son Samarth admission in the Medical Course pursuant to the Joint Entrance Examination, 2007 securing 15th rank under M. I. category i.e. 3% quota reserved for children/widows of personnel of Armed/Paramilitary Forces who are native of Orissa though the other candidate securing lesser marks under the same category has been given admission.2. We have heard Mr. S.D. Das, learned Senior Advocate for the petitioner, Mr. B. K. Mohanti, learned Advocate General for the State, Mr. J. K. Mishra, learned Assistant Solicitor General of India for Union of India, Sri. R.K. Dash, learned Counsel for the Chairman, J. E. E. and Mr. L. Pradhan, learned Counsel for the intervenor.3. The brief facts of the case are that the son of the petitioner had applied and appeared at the Joint Entrance Examination, 2007 which was held on 27-5-2007 and consequently he was informed about his rank in the med...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Priyabala Roy and ors.
Court: Orissa
Decided on: Sep-26-2007
Reported in: 105(2008)CLT870; 2008(I)OLR478
N. Prusty, J.1. Even though the matter is listed for admission/hearing under Order XLI Rule 11 CPC, learned counsel for both the parties submit that the same can be disposed of at this stage, since the main grounds of challenge in this appeal are with regard to the liability of the Insurance Company to pay the awarded amount indemnifying the owner of the vehicle, even if the driver of the vehicle was not having a valid Driving Licence at the time of the accident, which is violative of the terms and conditions of policy and the deceased was travelling in the offending vehicle as a gratuitous passenger as well as the quantum of compensation and rate of interest awarded are on the higher side.2. This appeal has been filed by Respondent No. 3/Insurance Company challenging the award dated 14.12.2000 passed by the learned Additional District Judge-cum-MACT, Nawarangpur in Misc. Judicial Case No. 88/2000 (M.J.C. No. 22 of 97 of D.J.), which was filed under Section 166 of the M.V. Act.3. The c...
Tag this Judgment!Shri Dillip Kumar Samal Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-25-2007
Reported in: 2007(II)OLR788; (2008)113TTJ(NULL)59
ORDER1. Heard.2. Petitioner claims for implementation of the award/order dated 29.03.2005 passed by the Orissa State Education Tribunal in G.I.A. Case No. 11 of 2003. Annexure-1 is the copy of that award, in which it has been ordered as follows:The case is allowed on contest but without costs. The appointment of the applicant shall be approved. The applicant shall be paid grant-in-aid @ 2/3rd from 17.10.1998 and at full salary cost w.e.f. 20.7.1999 within a period of three months from the date of communication of this judgment.3. While hearing this case together with a batch of cases, several opportunities were granted to the State Government of Orissa to come forward with a positive case if the State Government wants to provide a mode of execution by amending the law suitably, in as much as there is no provision in Orissa Education Act, 1969 (in short 'the Act') and different Rules thereunder to execute order/award of the State Education Tribunal, if such order/award is made against t...
Tag this Judgment!Lokanath Biswal Vs. Union of India (Uoi)
Court: Orissa
Decided on: Sep-25-2007
Reported in: AIR2008Ori33; 2008(2)ARBLR27(Orissa); 105(2008)CLT220
A.S. Naidu, J.1. The Order Dated 12.5.2005 passed by Learned District Judge, Ganjam, Berhampur in C.M.A. No. 37 of 2004 is assailed in this Writ Petition. The dispute in the aforesaid case relates to an arbitration award dated 31st December, 2001. The points which need to be determined in this Writ Petition are as follows:(1) Whether the provisions of Section 14 of the Indian Limitation is applicable to the proceedings under the Arbitration and Conciliation Act 1996 (hereinafter called the 'Act') and(2) The consequence of not filing a petition under Section 14 of the Limitation Act along with the petition filed under Section 34 of the Arbitration Act.2. To answer the aforesaid two questions, shorn of unnecessary details, the facts which will be necessary are stated herein below:A dispute arose with regard to construction of bye-pass road at Gopalpur-on-Sea in response to an tender call notice issued on 14th February, 1995. The said dispute having not been referred to arbitration, the P...
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