Orissa Court September 2007 Judgments
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Sri Tapan Kumar Mohanty Vs. Smt. Sudhansubala Sahu and anr.
Court: Orissa
Decided on: Sep-07-2007
Reported in: 2007(II)OLR548
L. Mohapatra, J.1. This writ application is directed against the order 9.8.2007 passed by the learned District Judge, Khurda at Bhubaneswar in F.A.O. No. 60 of 2007 dismissing the same and confirming the order dated 30.6.2007 passed by the learned Civil Judge (Senior Division), Bhubaneswar in Misc. Case No. 30 of 2002 (arising out of Title Suit No. 29 of 2002) in an application filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure directing the parties to maintain status quo over the suit land till disposal of the suit.2. Opposite party No. 1, Smt. Sudhansubala Sahu, had initially filed the aforesaid suit against the opposite party No. 2 Soubhagya Kumar Mishra for declaration of right, title and interest over the B-Schedule property and also for confirmation of possession and permanent injunction. Case of the plaintiff-opposite party No. 1 is that one Tilatama Samal was the rightful owner in respect of the suit Schedule property who derived her title by virtue of the order ...
Dr. Bichitra Kumar Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-07-2007
Reported in: 104(2007)CLT647; 2007(II)OLR632
S. Panda, J.1. Petitioner in this Writ Petition challenges the action of the Opposite Parties for not appointing him as an Ayurvedic Doctor though he has possessed the requisite qualification for the said post and the letter dated 1.5.2007 issued by C.D.M.O., Kendrapara, Opposite Party No. 4, wherein he stipulated Clause (g) which was not mentioned in the advertisement published for the post of Ayurvedic & Homoeopathic Doctors in National Rural Health Mission, Orissa.2. The brief facts of the case are as follows:Opposite Party No. 2 published an advertisement in the local daily 'The Samaj' on 21.12.2006 for appointment of Ayurvedic and Homoeopathic doctors on contractual basis in different health institutions in the rural areas of the State. As per the said advertisement, the last date for submission of application was 15.1.2007. One of the eligibility criteria was that the candidate must have a Bachelor in Ayurvedic Medicine & Surgery (BAMS)/Bachelor in Homoeopathic Medicine and Surge...
Saroj Kumar Nanda Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-07-2007
Reported in: 104(2007)CLT679; 2007(II)OLR636
S. Panda, J.1. The present writ petitioner applied for the post of Ayurvedic doctor in the district of Angul in pursuance of the advertisement made for three posts of Ayurvedic doctors. The petitioner has renewed his licence on 4.1.2007 and his name is at serial No. 10 in the short list prepared by the selection committee.2. Since common questions are involved in both the writ petitions, i.e. the present writ petition and W.P.(C) No. 6276 of 2007, they were heard analogously. For the reasons indicated in the judgment 2007(II) OLR 632 delivered by us today in W.P.(C) No. 6276 of 2007, this petition is also allowed.There shall be no order as to costs.B.P. Das, J.3. I agree...
Dhani @ Dhaneshwar Sahu and anr. Vs. State of Orissa
Court: Orissa
Decided on: Sep-07-2007
Reported in: I(2008)DMC304
I. Mahanty, J.1. The present appeal has been filed by one Dhani @ Dhaneswar Sahu, along with one Suka @ Sukuti Sahu, appellant Nos. 1 and 2 respectively who are, in fact, father and son. The appellants faced their trial in the Court of Addl. Sessions Judge, Jajpur in ST Case No. 29 of 1998/ 2 of 1998 for the offences punishable under Sections 498A and 306 of the Indian Penal Code and were ultimately convicted under Section 498A, I.P.C. and Section 306 read with Section 511, I.P.C. and were sentenced to undergo R.I. for three years and to pay a fine of Rs. 5,000 each, in default to undergo R.I. for further three months for the offence under Section 498A, I.P.C. and were further sentenced to undergo R.I. for five years each for the offence under Section 306 read with Section 511, I.P.C. and both the sentences were directed to run concurrently.2. The prosecution case, in brief, is that appellant No. 1, married one Kamini @ Kanak on 14.7.1987. Before the marriage took place there was a dem...
Prabir Kumar Das Vs. State of Orissa
Court: Orissa
Decided on: Sep-06-2007
Reported in: 2007(II)OLR573
A.K. Ganguly, C.J.1. A petition was filed by one Prabir Kumar Das which was taken up by the Court as a writ petition on behalf of the petitioner. The said writ petition was initiated on the basis of a letter dated 2.1.2004 of the petitioner addressed to the Hon'ble Chief Justice of this Court to the effect that there was a custodial death of one Narayan Behera of Badajoranda village in Kalinga Police Beat House, Talcher, Dist. Angul on 31.12.2003. The said letter reveals that on 29.12.2003 said Narayan Behera was brought by the police to Kalinga Beat House for interrogation in connection with the murder of Kumuda Pradhan, Sarpanch. For three days thereafter, he was kept confined in Kalinga Beat House for interrogation and on 31.12.2003, he was found hanging in the Inspection Room of the Beat House. This action raised vehement public protest and the State Govt. handed over the case to the State Human Rights Protection Cell and declared an ex-gratia payment of Rs. 50,000/- to the family ...
Sukulu Majhi and ors. Vs. Sukanta Kumar Das and anr.
Court: Orissa
Decided on: Sep-06-2007
Reported in: 105(2008)CLT351
N. Prusty, J.1. Challenging the Judgment/award dated 15.07.1993 passed by the Learned 3rd Motor Accident Claims Tribunal, Balasore in Misc.Case No. 23/46(C) of 1990/89, the claimant/Appellants, who are father, mother, sons and daughter of the deceased Rabindra Majhi, have filed this appeal. The deceased succumbed to the injuries sustained by him in a motor vehicle accident caused on a public road on 10.01.1989 at about 7.30 A.M., due to rash and negligent driving of the driver of the offending vehicle (truck) bearing Registration No. ORB 5383. In their claim petition, the claimant/Appellants had claimed Rs. 1,00,000/- as compensation.2. The case of the Appellants, in short, is that due to the above said accident, the deceased initially sustained multiple injuries on his person and was hospitalized in Balasore Headquarters Hospital on the very same date of the accident i.e. 10.01.1989 and remained there under-treatment till 12.01.1989 as an indoor patient. Since the condition of the inj...
Manmohan Lal Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-05-2007
Reported in: 2007(II)OLR713
I.M. Quddusi, J.1. By means of this writ petition, the petitioner claims the benefit of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 which was adopted vide resolution passed on 5.4.2002 in the State Legislature and published in the Extraordinary issue of Orissa Gazette bearing No. 574 dated 27.4.2002.2. The brief facts of the case are that the petitioner is the owner of land measuring Ac. 1.606 appertaining to Plot Nos. 568, 557, 564, 567, 800 in Khata Nos. 193, 73,103, 556 of Mouza Gandarpur and Sutahat within the Cuttack Urban Agglomeration. Under the Urban Land Ceiling Act, 1976 (herein after referred to as 'U.L.C.Act') he submitted his return in respect of the said land, which was registered as U.L.C.Case No. 44 of 1976. The competent authority allowed the Ceiling Unit measuring Ac. 0.0504 decimals and the petitioner was directed to surrender the rest of the area and the notification under Section 10(1) of the U.L.C. Act was published on 28.5.1982 inviting objection to ...
Dr. Sudhir Kumar Brahma Vs. State of Orissa
Court: Orissa
Decided on: Sep-04-2007
Reported in: 2007(II)OLR648
M.M. Das, J.1. Though this is an application under Section 439 Cr.P.C. filed by the petitioner for grant of bail, the facts on which the case evolved not only has created sensation throughout the State as well as the country, but also involves interesting and important question to be dealt with.2. A few weeks ago, large numbers of aborted foetus were found from various places in the district of Nayagarh. This gave rise to a suspicion in the mind of the general public that probably after sex determination, finding the sex of the foetus to be female, the mothers have chosen for aborting the child.3. It is well known that even after 60 years of independence, in our country, boys and girls are still not given equal preference. Poor families in the society or for that matter, the conservative and old fashioned parents prefer boys and girls are seen as a burden and inferior to boys. This is more fortified due to the social stigma of dowry. On account of the above, in spite of enactments made...
Tribal Development Co-operative Corporation of Orissa Ltd. Vs. Commiss ...
Court: Orissa
Decided on: Sep-04-2007
Reported in: (2009)23VST104(Orissa)
ORDER1. Heard learned Counsel for the parties.2. This is a tax appeal filed against the revisional order dated June 17, 1998 passed by the Commissioner of Commercial Taxes, Orissa, Cuttack confirming the suo motu revisional order dated February 2,1996 passed by the Assistant Commissioner of Sales Tax, Cuttack II range, Cuttack.3. M/s. Tribal Development Co-operatvie Corporation of Orissa Ltd., a Government of Orissa undertaking, is the appellant before us. The original assessment order dated February 28, 1995 was passed against the appellant under Section 12(4) of the Orissa Sales Tax Act, 1947. In the said assessment order, the assessing officer levied 'purchase tax' on the procurement of 'mohua flowers' by the appellant-Corporation computed on the basis of the 'royalty' amount payable by the assessee to the State for their right of collection, i.e., at Rs. 7.35 per quintal.4. The Assistant Commissioner of Sales Tax, in exercise of suo motu revisional powers, issued notice to the pres...
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