Orissa Court December 2008 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sri S.N. Dasmohapatra and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-24-2008
Reported in: 107(2009)CLT95; 2009(I)OLR447
B.N. Mahapatra, J.1. In the present writ petition, the petitioners have prayed for declaring the action of the Mining Officer, Joda Circle, Keonjhar dated 04.06.2008 in directing seizure of 2109,987 M.Ts. of manganese lump ore and 24491.951 M.Ts. of manganese ore fines lying within the leasehold area of the petitioners, on the basis of allegation that the petitioners have illegally raised the. said ore from outside their leasehold area and stacked the same within their leasehold area, as Illegal and directing the opposite parties to grant transit permit in favour of the petitioners for transportation and movement of the said manganese ore from their site by quashing Annexure-6, Annexures-8 series and 9 series which contain physical stack measurement statement dated 28.05.2008 and seizure list dated 04.06.2008.2. Shorn of unnecessary details, the short fact leading to the present writ petition is that the petitioners were granted manganese ore lease over an area of Ac.90.130 decimals (3...
Re-a Juvenile Vs. State of Orissa
Court: Orissa
Decided on: Dec-24-2008
Reported in: 2009CriLJ2002; 2009(I)OLR494
ORDERL.K. Mishra, J.1. The petitioner is an accused in J.G.R. Case No.27 of 2008 pending in the Court of learned Chief Judicial Magistrate-cum-Principal Magistrate, Juvenile Justice Board, Khurda involving offence under Section 457/302/380 of the I.P.C. in which charge sheet has been submitted under Sections 457/380/302/120-B of the I.P.C. He has sought for bail under Section 439 of the Code of Criminal Procedure, 1973 (here-in-after called 'the Cr.P.C')2. I have heard learned Counsel for both sides on the question of bail and have perused the records. Admittedly the petitioner is a juvenile. The prosecution allegation is that one Krushna Chandra Sahu, a retired employee aged about 62 years used to live in his house at Krishna Garden, Bhubaneswar. He had developed homosexual relation with the petitioner. Sometimes later the petitioner resented the same especially when he began to show overt sexual gestures at him even in public places. In the meanwhile the petitioner had developed frie...
Nata @ Maheswar Mahakud Vs. State of Orissa
Court: Orissa
Decided on: Dec-23-2008
Reported in: 107(2009)CLT87; 2009(I)OLR457
ORDERL.K. Mishra, J.1. The petitioner is an accused in G.R. Case No. 287 of 2005 pending in the Court of Learned J.M.F.C, Basudevpur involving offence under Section 498-A/506/34 of the I.P.C. read with Section 4 of the Dowry Prohibition Act, 1961.2. Heard Learned Counsel for both sides.3. The other accused persons were granted bail by the Learned J.M.F.C, Basudevpur, however, the petition for bail with regard to the present petitioner was rejected. The petitioner approached the Learned Addl. Sessions Judge, Bhadrak praying for bail. The petitioner's bail application was allowed vide order dated 18.11.2005 and it was directed that the petitioner be released on bail of Rs. 10,000/- (ten thousand) with one solvent surety for the like amount to the satisfaction of the Learned J.M.F.C, Basudevpur on the condition that the petitioner shall remit a sum of Rs. 500/- (five hundred) every month by postal money order in the address of the informant given in the F.I.R. and produce the postal recei...
Deepak Mohapatra Vs. State of Orissa
Court: Orissa
Decided on: Dec-23-2008
Reported in: 107(2009)CLT93; 2009(I)OLR516
ORDERL.K. Mishra, J.1. The petitioner is the accused in G.R. Case No. 589 of 2008 pending in the Court of Learned S.D.J.M., Bolangir wherein charge sheet has been filed under Sections 376/451 of the I.P.C. He has sought for bail under Section 439 of the Code of Criminal Procedure, 1973 (here-in-after called 'the Cr.P.C').2. I have heard Learned Counsel for both sides on the question of bail and have perused the records.The prosecution case in short is that the victim girl (name withheld) is a deaf and dumb girl, who lives with her brother and sister-in-law (wife of her brother) and niece but her mother remains else where. On a visit her mother found the petitioner to be looking sick and on medical examination found her to be pregnant for three months. On her enquiry, she communicated through signs and gestures that three months back on a day at about 2 or 2.30 P.M. while she and her niece were sleeping in the kitchen, the petitioner came there and forcibly took her at the point of knif...
Tarakeswar Mohanty Vs. Life Insurance Corporation of India and ors.
Court: Orissa
Decided on: Dec-23-2008
Reported in: (2009)107CALLT381(NULL)
B.P. Das, J.1. The Petitioner, who was working as a Development Officer in the Life Insurance Corporation of India ('Corporation' hereinafter) in its Jharsuguda Branch Office under Sambalpur Division, has filed this Writ Petition challenging the Order Dated 30.3.2002 passed by the Disciplinary Authority awarding on him the penalty of removal from service, vide Annexure-9, as well as the orders passed by the Appellate Authority and the Reviewing Authority, i.e. the Chairman of the Corporation, affirming the award of penalty, vide Annexures 11 and 12 respectively,2. Shortly stated, the facts giving rise to the present Writ Petition are that the Petitioner on being appointed joined the Corporation on 9.11.1992 as an Apprentice Development Officer. In August, 1993 he was placed on probation and on completion of the probation period, he was confirmed. While working as such at Jharsuguda Branch Office under Sambalpur Division of the Corporation, the Disciplinary Authority,T.e., the Senior Di...
Kaishar Allam and anr. Vs. State of Orissa
Court: Orissa
Decided on: Dec-23-2008
Reported in: 107(2009)CLT86
ORDERL.K. Mishra, J.1. The petitioners are accused persons in G.R. Case No. 439 of 2008 pending in the Court of Learned J.M.F.C, Barbil involving offence under Sections 452/341/323/427/34 of the I.PC. read with Sections 25 and 27 of the Arms Act.2. Heard Learned Counsel for both sides on the question of bail. Perused the records.3. Bail is prayed for on the ground that prima facie case is not made out against the petitioners. The Learned Addl. Standing Counsel has opposed bail on the ground that the petitioners along with co-accused namely Rinku Chugh were earlier denied bail by this Court on 5.11.08 in BLAPL No. 14574 of 2008 and no fresh ground is available at present.4. A perusal of the record shows that the present petitioners along with Rinku Chugh were denied bail by this Court as mentioned above. No fresh ground has been taken in the present bail petition nor was advanced at the time of argument. It is trite to say that the principles of res judicata is not applicable to an appl...
K. Srinivas Vs. the Secretary, Orissa Legislative Assembly and anr.
Court: Orissa
Decided on: Dec-23-2008
Reported in: (2009)107CALLT375(NULL)
ORDERB.S. Chauhan, C.J.1. This Writ Petition has been filed for quashing the disciplinary proceeding and to absorb the Petitioner in the post of Senior Assistant with effect from 20th October, 1989 and to publish a fresh gradation list quashing the promotion of Opposite Party No. 2 being in contravention of the direction issued by this Court in OJC No. 13570 of 1999 and many other reliefs.2. The misc. case has been filed submitting that Petitioner has made attempts to get the case listed for speedy disposal as it is taking much time and is not being listed out of turn. In the application he has made prayer to transfer the matter from a particular Bench and to list it before another Bench. Thus, the question does arise as to whether such a prayer is permissible.3. The Petitioner appeared in person and has mentioned the matter yesterday (21.12.2008). In order to examine as what are the circumstances under which a unusual prayer has been made the case was directed to be listed today.We ha...
Gopal Chandra Pradhan and Three ors. Vs. State of Orissa
Court: Orissa
Decided on: Dec-23-2008
Reported in: 2009(II)OLR779
ORDERP.K. Patel, J.1. Learned Counsel for the petitioners and learned Counsel for the State are present. Also, petitioners 1 and 4 are personally present.2. Heard.3. The petitioners have filed this application under Section 482 Cr.P.C. with a prayer to quash the order dated 13.9.2007 passed by the learned J.M.F.C. (R), Cuttack in G.R. Case No. 1144 of 2006 taking cognizance of offences under Sections 498-A/377/294/323/114/406/506/34 I.P.C. read with Section 4 of the Dowry Prohibition Act.4. It appears that G.R. Case No. 1144 of 2006 was registered on the basis of F.I.R. lodged by the petitioner No. 4 against petitioners 1, 2 and 3. Petitioner No. 1 is the brother of petitioner No. 2 Petitioner No. 3 is petitioner No. 2's wife. It is not disputed that the petitioner No. 4 was legally married wife of petitioner No. 1. Learned Counsel for the petitioners as well as petitioners 1 and 4, who are present in Court, upon reference to documents annexed to this application submit that in Civil P...
Sundargarh Citizen's Forum Vs. Orissa State Road Transport Corporation ...
Court: Orissa
Decided on: Dec-22-2008
Reported in: 2009(I)OLR361
B.S. Chauhan, C.J.1. This writ petition has been filed as a Public Interest Litigation (hereinafter called the 'PIL') for quashing the agreement dated 17.04.2007 (Annex-1) entered into between the opposite party Nos. 1 and 5 executing the lease/licence of the property in dispute for a period of 15 years on monthly lease rent/licence @ Rs. 51,000/- per month.2. The facts and circumstances giving rise to this case are that on 24.3.2007 sealed tenders were invited for lease of the bus stand meant for Orissa State Road Transport Corporation (hereinafter called the 'Corporation') at Sundargarh on monthly rental basis. The opposite party No. 5 negotiated with the Corporation and got the aforesaid agreement executed on 13.4.2007. The Corporation vide its letter dated 16.4.2007 intimated opposite party No. 5 to take possession of the land with certain conditions and the land was handed over to opposite party No. 5 on 21.4.2007. There had been some disputes between opposite party Nos. 1 and 5 o...
Madhusudan Sethi Vs. Director General, C.R.P.F. and ors.
Court: Orissa
Decided on: Dec-19-2008
Reported in: (2009)107CALLT359(NULL)
B.P. Das, J.1. The Petitioner, who is working as Head Constable in Group Centre, Central Reserve Police Force (CRPF), Bhubaneswar, has filed this Writ Petition assailing the Order Dated 14.6.2008 purported to have been passed by the Deputy Inspector General of Police, CRPF, O.P.3, transferring him to 199 Battalion (Annexure-1) and the Order Dated 26.7.2008 passed by the Additional Deputy Inspector General of Police, CRPF, O.P.4, rejecting his representation filed in pursuance of the order of this Court dated 20.6.2008 passed in W.P.(C) No. 8529/2008 (Annexure-2).2. The brief facts leading to this Writ Petition tend to reveal as follows:The Petitioner while working as Head Constable in, Group Centre, CRPF, Bhubaneswar, was visited with the order of transfer dated 14.6.2008 passed by the Deputy Inspector General of Police, CRPF, O.P.3. Against the aforesaid order, the Petitioner along with some others, who were also under order of transfer, approached this Court in W.P.(C) No. 8529/2008,...
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- Next ›
- Last »