Orissa Court September 2007 Judgments
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Basudev Sahoo Vs. Sub-collector and ors.
Court: Orissa
Decided on: Sep-25-2007
Reported in: 105(2008)CLT275
A.S. Naidu, J.1. The Petitioner had approached the Tahsildar, Nayagarh by fining a petition under the Miscellaneous Certificate Rules with a prayer to issue caste certificate in his favour. The said petition was registered as Misc. Certificate Case No. 1818 of 1998. According to the Petitioner he had been adopted by Shri Sansar Pradhan and the latter had no children. Certain disputes having cropped up with regard to his adoption he had filed a suit in the Court of the Civil Judge (JD),. Nayagarh with a prayer to declare him as the adopted son of said Sansar Pradhan. The said suit was registered as T.S. No. 10 of 1998 and a decree was passed therein on 8-7-1998 declaring him as the adopted son. The Tahsildar conducted some local enquiry, examined aforesaid Sansar Pradhan and some other villagers and without relying, upon the aforesaid decree of Civil Court held that he was not satisfied that the Petitioner had in fact been adopted by Sansar Pradhan and, accordingly, refused to grant the...
Dhadi Mallik and 7 ors. Vs. Sri Maheswar Rout and 31 ors.
Court: Orissa
Decided on: Sep-24-2007
Reported in: 2007(II)OLR696
ORDERL. Mohapatra, J.1. Heard learned Counsel for the petitioners and learned Counsel for the State.2. The order dated 30th August 2007 passed by the learned Civil Judge (Senior Division), Jajpur in Title Suit No. 32 of 1987 rejecting the application filed under Order 1, Rule 10(2) of the Code of Civil Procedure to implead the State of Orissa as defendant in the suit is under challenge.3. As it appears, an application had earlier been filed under Order 6, Rule 17 of the C.P.C. for amendment of the plaint for impleading the State as a party to the suit as well as the some averments to be included in the plaint itself. The said petition was rejected on the ground that notice under Section 80 of the C.P.C. had not been given to the State but the present case is under Order 1, Rule 10(2) C.P.C. to implead the State, which stands on a different footing. I am, therefore of the view that mere rejection of the earlier petition filed under Order 6, Rule 17 of the C.P.C. shall not stand on the w...
New India Assurance Co. Ltd. Through Its Duly Constituted Attorney Vs. ...
Court: Orissa
Decided on: Sep-24-2007
Reported in: 105(2008)CLT319
N. Prusty, J.1. As prayed for by Learned Counsel for the Petitioner, he is permitted to remove the defect in Court today.2. In this case, the accident was caused on 26.12.1994, the claim application was filed in the year 1997 and an award was passed on 12.07.1998 on the basis of the compromise in Lok Adalat. The present Petitioner filed an application on 10.09.1998 challenging the award dated 12.07.1998 which was passed on the basis of a compromise in the Lok Adalat and by order No. 16 dated 30.03.1999, the said application as rejected by the Learned District Judge-cum-M.A.C.T.-I, Sambalpur. Challenging the Order Dated 30.03.1999, the Petitioner has filed this Writ Petition on 13.05.1999. Even though in the meantime more than eight years have passed, till date no notice has been issued to the Opposite Parties and if after such long lapse of time, at this stage notice is issued to the Opposite Parties, the same will cause further delay in disposal of the case and thereby the parties sha...
Abhimanyu Behera Vs. State of Orissa
Court: Orissa
Decided on: Sep-21-2007
Reported in: 2008CriLJ588
P.K. Tripathy, J.1. Heard further argument, hearing is concluded and the judgment is as follows.2. Accused faced the trial in the Court of Additional Sessions Judge, Balasore in S.T. Case No. 32/94 of 2000 arising out of G.R. Case No. 208 of 1999 of the Court of J.M.F.C, Balasore for the charge under Section 376, I.P.C. on the allegation that on July 20, 1999 while the victim girl (P.W. 5), then aged about only 7 years, was returning from the river after taking bath, she was subjected to rape by the accused. To substantiate the charge, prosecution relied on the evidence of nine witnesses and the documents marked Exts. 1 to 10 besides the 'chadi' of the victim girl marked M.O. 1. Amongst the witnesses, as noted above, P.W. 5 is the victim girl, P.W. 1 is the father and P.W. 6 is the mother of the victim girl, P.Ws. 2 and 3 are the co-villagers of the parties who witnessed to the seizure of the 'chadi' under Seizure List - Ext. 2. P.W. 4 is the doctor who examined the accused on 18-11-19...
Executive Engineer and anr. Vs. Bichitrananda Behera and anr.
Court: Orissa
Decided on: Sep-21-2007
Reported in: AIR2008Ori44; 2008(2)ARBLR23(Orissa)
L. Mohapatra, J.1. This appeal is directed against the judgment dated 28-1-2005 passed by the learned District Judge, Koraput at Jeypore in Arbitration Petition No. 2 of 2004 restraining the appellants from terminating the work order issued in favour of the respondents and also restraining the respondent No. 2 from tampering with the structure made, in an application under Section 9 of the Arbitration and Conciliation Act, 1996.2. The facts leading to filing of the application under Section 9 of the Act are that the respondent No. 1 had been awarded the work of construction of a cement structure of 30 feet height near the Sabari Lake complex at Damanjodi and the structure was to be of a Dinosaur. According to the said respondent No. 1 the officer-in-charge of the work changed the proposed structure with regard to its height and directed the respondent No. 1 to increase height of the structure up to 58 feet on the assurance that the respondent No. 1 shall be paid escalation for the addi...
Duryodhan Das (Dead) After Him Janaki Das and anr. Vs. Prafulla Kumar ...
Court: Orissa
Decided on: Sep-19-2007
Reported in: 2007(II)OLR664
A.K. Parichha, J.1. This appeal is directed against the judgment and decree passed by the learned Additional District Judge, Jajpur in Title Appeal No. 8 of 1980 (93 of 1987).2. The original appellant, Duryodhan Das, the plaintiff filed T.S.No. 94 of 1975 in the Court of Munsif, Jajpur praying for a decree of injunction restraining the defendants (who are the present respondents) from entering into the suit land and disturbing his possession. The case of the plaintiff in essence was that one Kartika Das had three sons, namely, Indra, Mandara and Sundara and these sons inherited the properties of Kartika. Mandara separated himself from other two brothers and got his five annas and four paise share, while the other two brothers remained joint. Sundara died in such state of jointness without leaving any male heir. Sabi, the widow of Sundara also executed a gift deed in favour of the plaintiff. So, the plaintiff as the sole surviving heir inherited the entire ten annas and eight paise shar...
State of Orissa Vs. Duleswar Barik
Court: Orissa
Decided on: Sep-19-2007
Reported in: 2008CriLJ1065; 2008(I)OLR118
M.M. Das, J 1. Upon conviction of the accused-Duleswar Barik in S.T. Case No. 179/74 of 2003 by the judgment dated 21.7.2004 under Section 302 IPC and sentencing the said accused to be hanged by neck till his death by the learned Adhoc Addl. District and Sessions Judge, Sundargarh, the death reference being DSREF No. 3 of 2004 has been made to this Court under Section 366 of the Code of Criminal Procedure. The accused Duleswar Barik has also preferred an appeal against the said order of conviction and sentence being JCRLA No. 80 of 2004. As, both the death reference as well as the appeal relate to one Sessions Trial, the same are disposed of by this common judgment.2. By order dated 28.9.2004 passed in the Jail Criminal Appeal being JCRLA No. 80 of 2004, Mr. Goutam Mishra, an advocate of this Court, on the request of the Court, agreed to conduct the case on behalf of the convict-appellant, and, thereupon he was appointed to conduct the case on behalf of the appellant in the appeal as w...
B. Srinivas Rao and anr. Vs. State of Orissa
Court: Orissa
Decided on: Sep-19-2007
Reported in: 105(2008)CLT91; 2008(I)OLR182
1. Heard.Order of conviction in Sessions Case No. 11/2000/(S.C. No. 215/2000 GDC) of the Court of First Addl. Sessions Judge, Berhampur is under challenge.2. Accused-Appellant B.Srinivas Rao is the husband of late B.Bhulaxmi and hereinafter referred to as 'the deceased'. She married to that accused on 20.3.1998 and suffered death on 8.10.1999. Together with accused B.Srinivas Rao, and his father B.Simadri, his mother B. Mahalaxmi they were charge-sheeted for the offence under Sections 498A/302/34 I.P.C. and faced trial on such charges by Learned Addl. Sessions Judge, Berhampur.3. Prosecution projected the case that there was ill-treatment and cruelty on the deceased on account of demand and non-payment of dowry and that deceased took shelter of the village Punch and the matter was settled by the village Punch but after some days the dead body of the deceased was found in the house of the accused persons. Accordingly the aunt (mother's sister) of the deceased i.e., P.W. No. 5 lodged the...
Saurav Maharana Vs. Council for the Indian School Certificate Examinat ...
Court: Orissa
Decided on: Sep-18-2007
Reported in: 2007(II)OLR595
R.N. Biswal, J.1. Petitioner being a minor has filed this writ petition through his father guardian assailing the decision under Annexure-12 taken by opp. parties 1 and 2 and seeking a direction to the opp. parties to allow him to appear at the Annual Indian School Certificate of Secondary Education Examination, 2007 through Montfort School complex Kansbahal.2. The case of the petitioner in nub is that he passed I.C.S.E. Examination in the year 2005 scoring 80.6% of marks from Jayashree Chemical Schools, Ganjam (opp. party No. 3) and took admission in Class-XI of the same school in the month of August of the same year and accordingly the Council for the Indian School Certificate Examination, New Delhi (Council in short) assigned him Registration No. B/OR015/007/07 under Annexure-1. He appeared in the First Terminal Examination held in the month of August, 2005 conducted by the said Jayashree Chemical Schools, Ganjam and prosecuted his study there up to 2.12.2005. Due to shifting of res...
Girija Sankar Dwibedi and ors. Vs. Somanath Dwibedi and ors.
Court: Orissa
Decided on: Sep-14-2007
Reported in: 105(2008)CLT272; 2007(II)OLR655
L. Mohapatra, J.1. Defendants 1 to 7 are the petitioners before this Court questioning the legality of the order dated 8.8.2007 passed by the learned Civil Judge (Senior Division), Rourkela in Civil Suit No. 60 of 2005 rejecting an application filed by them under Order 6, Rule 16 C.P.C. for a direction to the plaintiff-opposite party No. 1 to strike out the unnecessary pleadings appearing in paragraphs 4 to 9 and 11 to 17 of the plaint.2. The plaintiff-opposite party No. 1 has filed a suit for declaration that the registered will dated 16.1.2004 had not been executed by the deceased Dhaneswari Dwibedi and alternatively for a declaration that the said registered will is invalid, void and not enforceable in the eye of law and for further declaration that the legal proceedings including Mutation Case Nos. 565, 566 and 567 of 2004 pending before the Tahasiidar, Rourkela on the basis of the said will are not maintainable.3. The case of the aforesaid defendants in the petition filed under Or...
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