Orissa Court March 2008 Judgments
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Annapurna Machinery and Electric Store Vs. Gayatri Parida
Court: Orissa
Decided on: Mar-14-2008
Reported in: IV(2008)BC371
S.C. Parija, J.1. This is an application under Section 482, Cr.P.C. filed by the petitioner assailing the Order dated 17.1.2008 passed by the learned S.D.J.M,, Koraput in I.C.C. No. 80 of 2007, rejecting the petitioner's application under Section 205, Cr.P.C.2. Opp. Party No. 1 (complainant) had filed complaint case bearing I.C.C. No. 80 of 2007 before the S.D.J.M., Koraput under Section 138 of the Negotiable Instrument Act (for short 'N.I. Act') on the allegation that the petitioner in discharge of its debts had given her a cheque drawn on the State Bank of India, Berhampur. Opposite party No. 1 presented the said cheque to her Banker i.e. State Bank of India, Sunabeda, but the same was returned by the Bank with the intimation that the cheque has been dishonored for insufficient funds. After due Notice, opposite party No. 1 filed I.C.C. Case No. 80 of 2007 under Section 138 of the N.I. Act and the learned S.D.J.M. on taking cognizance, issued summons to the petitioner to appear before...
Sri Krushna Chandra Routray Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-13-2008
Reported in: AIR2008Ori100; 105(2008)CLT654; 2008(I)OLR948
S.C. Parija, J.1. The Petitioner calls in question the validity and legality of the Order Dated 10.07.2007 passed by the Additional District Magistrate (Revenue), Cuttack, (for short the 'ADM'), refusing to renew the Stamp Vendor Licence of the Petitioner on the ground of pendency of Criminal case against him.2. The brief facts of the case is that the Petitioner is a Stamp Vendor and he had been granted licence since April, 1985 for sale of stamps and stamp papers, both judicial and non-judicial in the premises of Orissa High Court, Cuttack. Subsequently with the coming into force of the Orissa Supply & Sale of Stamps and Stamped Papers Rules, 1990 (for short 'Rules'), his licence No. 09/1997 (Renewal No. 11 of 2002) was renewed upto 31.12.2006. On the strength of the said licence, the Petitioner was authorized to procure and sell stamps and stamped papers, both judicial and non-judicial and whether impressed or adhesive, to be sold in the premises of the Orissa High Court at Cuttack. ...
Shri Nagen Kumar Barik Vs. Cuttack Development Authority
Court: Orissa
Decided on: Mar-13-2008
Reported in: 105(2008)CLT719
Sanju Panda, J.1. In this Writ Petition the Petitioner challenges the action of the Cuttack Development Authority, Opposite Party, to hold an auction as per the decision of the Allotment Committee held on 25.11.2002 vide Annexure-4 regarding allotment of commercial plot No. 81/73 having an area of 1080 sq. fts.2. The facts of the case are as follows;Petitioner has got a 'F' category plot with an area of 510 sq. fts in Sector-8 of the C.D.A. Constructing a house over the said plot, he is residing there. Since the Petitioner is an Advocate by profession, he is in need of a bigger plot for his official accommodation and as the adjacent commercial plot measuring area of 1080 sq. fts. is available, he made an application to the Minister-cum-Chairman, Cuttack Development Authority to release the said plot from his discretionary quota and the Minister directed the Vice-Chairman, C.D.A to allot the said plot in favour of the Petitioner. Accordingly, the C.D.A Office prepared a plan changing th...
Samareswar Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Mar-13-2008
Reported in: 105(2008)CLT806
ORDERA.K. Ganguly, C.J.1. Heard Learned Counsel for the parties.Most of the grievances which have been made in this Writ Petition filed in the nature of Public Interest Litigation have been satisfied during the pendency of the petition.2. The Learned Counsel appearing for the State Pollution Control Board is present in person. So far as the prayers at (A) & (B) are concerned, it appears that an Appellate Authority has been constituted. The Learned Counsel appearing for the State Pollution Control Board has handed over to us the notification dated 14th August 2003 showing constitution of the Appellate body of which a sitting Judge of this Court is the Chairman.3. His next prayer is to establish and notify the State Water Laboratory for the State of Orissa. Prior to coming to the prayer (C), Learned Counsel has submitted that the Appellate Authority has been constituted but rules have not been framed for its functioning.4. Learned Counsel for the Opposite Parties submits that V the relev...
Sk. Gokha and Sk. SamiruddIn Vs. Brajamohan Kabi and ors.
Court: Orissa
Decided on: Mar-13-2008
Reported in: 2008(II)OLR14
A.S. Naidu, J.1. All these Writ applications have been filed challenging a common order dated 26th December, 1995 (Annexure-3 in each case) passed by the Joint Commissioner, Consolidation, Orissa, Cuttack in Consolidation Revision No. 877 of 1992/630 of 1994 filed under Section 36(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the Consolidation Act') reversing the orders passed by the appellate authority.2. The dispute in the present case is confined to Ac. 0.20 decimals of land appertaining to L.R. Plot No. 99 and L.R. Khata No. 230 of Mouza Merdha under Jajpur Tahsil in the district of Jajpur. The said land along with other lands were admittedly species of a joint family property and was a part and parcel of an intermediary estate. In a partition suit, i.e. T.S. No. 32 of 1999, the said joint family property was partitioned among the co-sharer intermediaries and Ac. 1.02 dec. of land was allotted in favour of ...
Biswam Patra and ors. Vs. Kendriya Vidyalaya Sangathan and anr.
Court: Orissa
Decided on: Mar-13-2008
Reported in: (2008)106CALLT188; 2008(I)OLR972
A.S. Naidu, J.1. All the petitioners are minors and are represented through their father guardians. Their grievance is with regard to the age prescribed by the opposite party-authorities for admission to Class I in the respective Kendriya Vidyalayas. It is averred in the Writ Petitions that in accordance with the Admission Guidelines of the year 2007, all of them being selected by the authorities had taken admission in Pre-Primary Class in the respective Kendriya Vidyalayas. After successful completion of Pre-Primary Class when they are intending to take admission in Class I of the same Vidyalayas, it is alleged, they are not given admission mainly en the ground that they would not complete five years of age as on 1st of April, 2008 as stipulated in the Admission Notice published by Kendriya Vidyalayas for the academic session 2008-2009.2. According to the petitioners, the upper age limit prescribed earner was five years as on 30th September of the concerned academic year. But then the...
Gajanand Agarwal Vs. Golakha Prasad
Court: Orissa
Decided on: Mar-12-2008
Reported in: 105(2008)CLT741
A.K. Parichha, J.1. This appeal is directed against the Judgment and decree passed by Learned District Judge, Khurda in Title Appeal No. 43 of 1998 confirming the Judgment and decree of Learned Civil Judge (Sr. Division), Bhubaneswar in Title Suit No. 168 of 1990.2. The Appellant, as Plaintiff, brought the above noted Title Suit for declaration of his right, title, interest, confirmation of possession over the suit land and in the alternative for restoration of possession on the same, if found dispossessed in the mean time. He also prayed for a declaration that he has right title over the suit land by adverse possession and for an injunction restraining the Defendant-Respondent from entering into the suit land and interfering with his possession. The case of the Plaintiff in brief was that the suit land measuring AC. 13.880 decimals appertaining to Plot No. 121/1277, Khata No. 203 in Mouza - Kantabada originally belonged to one Braja Bhukan Lal, who died leaving his three sons, namely ...
Pravat Chandra Pattnaik and ors. Vs. Sarat Chandra Pattnaik and anr.
Court: Orissa
Decided on: Mar-12-2008
Reported in: AIR2008Ori133; 106(2008)CLT98; 2008(4)KLT276
Sanju Panda, J.1. This First Appeal is directed against the Judgment and decree dated 11.5.2001 and 3.7.2001 respectively passed by the Learned Civil Judge (Senior Division), Baripada in Title Suit No. 189 of 1994.2. The facts of the case are as follows:Respondent No. 1 as Plaintiff filed the suit for partition of the properties as per Schedules-B to E of the plaint and for a decree for future rent in respect of rent of the rent of the building situated ever the suit land as described in Schedules-B & E of the plaint. The case of the Plaintiff was that Plaintiff and defendant No. 1 are brothers, defendant Nos. 4 and 5 are their sisters, defendant Nos. 2 and 3 are the sons of defendant No. 1. Krushna, the father of the Plaintiff and defendant Nos. 1, 4 and 5 died in the year 1991 while living jointly with his sons. There has been no partition of the suit properties by metes and bounds. The Plaintiff retired from his service as Senior Deputy Superintendent of Police in the year 1990. The...
Sri Janmajaya Das and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-12-2008
Reported in: 106(2008)CLT150
1. Heard further and the Judgment is as follows.2. The order of the Addl. Assistant Commissioner of Endowments, Sambalpur passed on 25.11.1995 in O.A. Case No. 5 of 1994 under Section 68 of the Orissa Hindu Religious Endowments Act, 1951 (in short 'the Act') is under challenge.3. The fact noted in the impugned Judgment indicates that the property in dispute belongs to the deity Shri Jagannath Mohaprabhu Bije at Mundadar under. Belpara police station in the district of Bolangir. Trustees came into Authority in view of constitution of the trust board under Section 27 and initiated action under Section 68 through one of them with the prayer to recover possession of the disputed property from the possession of Opposite Parties 1 and 2, who are the Petitioners in this Writ Petition. Non-hereditary trustee advanced the contention that the Writ Petitioners have no right to possess the land after their removal from the Sebaitship before the decision taken in O.A. No. 5 of 1992, a proceeding un...
Sudarsan Bag Vs. State of Orissa
Court: Orissa
Decided on: Mar-12-2008
Reported in: 2008CriLJ3420
B.K. Patel, J.1. The appellant having been convicted for commission of offences of murder of deceased Basanti under Section 302, I.P.C. and sentenced to undergo R.I. for life and also voluntarily causing hurt to P.W. 2 Rasananda and P.W. 3 Nila and sentenced to undergo R.I. for one year by the learned Addl. Sessions Judge, Sambalpur in S.T. Case No. 201/34 of 1995 has preferred this appeal.2. The appellant is deceased's brother. The informant P.W. 4 is son of brother of father of the accused and deceased. P.Ws. 5 and 6 are respectively the mother and the sister of the accused and deceased. P.W. 2 is P.W. 4's brother.3. Prosecution case is that as the appellant was exhibiting symptoms of madness, his sister P.W. 6 had called P.W. 2 and P.W. 7, a co-villager as well as some co-villagers to sleep in their house and keep watch over the appellant in the night of 2/3-1-1995 when the occurrence took place. The house of informant P.W. 4 is situated at a distance of about 100 yards from the hou...
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