Orissa Court April 2008 Judgments
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Rajamani Bahinipati and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Apr-15-2008
Reported in: (2008)106CALLT40(NULL)
Indrajit Mahanty, J.1. In the present writ application, the Petitioner has sought to challenge the Order Dated 10.9.1991 passed by the Member, Board of Revenue, Orissa, Cuttack in O.L.R. Revision No. 14 of 1989 holding that Gopinath was not entitled to a separate ceiling and the land of Gopinath was tagged along with that of his mother Rajamani for the purpose of allotment of a single unit.2. Shorn of unnecessary details, the essence of the case as would be available in the revisional order itself, indicates that the State had accepted the fact that Gopinath was the 'major' and the family had 'separated' by way of partition in the year, 1965 and these facts remained uncontroverted/unchallenged. The question that arose for consideration was as to whether Gopinath was 'married', prior to the cut-off date or post cut-off date. The State authorities based their conclusions on the 'report' of the local committee that Gopinath was not married till 26.9.1970, i.e., cut-off date and he was maj...
Jasoda Patra Vs. State of Orissa
Court: Orissa
Decided on: Apr-15-2008
Reported in: 2008(II)OLR251
L. Mohapatra, J.1. The appellant having been convicted for commission of offence under Section 302 of the Indian Penal Code (in short 'I.P.C.') and sentenced to undergo R.1. for life, has preferred this appeal against the order and judgment of conviction and sentence passed by the learned Addl. Sessions Judge, Deogarh in S.T. Case No. 18/8 of 2001.2. The accusations on the basis of which the appellant and three others were tried for commission of offence under Section 302 I.P.C. are that the appellant is the wife of the deceased. Initially the appellant had good relationship and had been blessed with three children out of whom one expired by the time the appellant was in her parental house. The deceased was addicted to liquor and few years after the marriage they got to run into rough weather. Few months prior to 24.6.2000, the appellant left the house of the deceased and started staying with her parents in village Bania-Khilinda. The deceased made sincere effort to bring her back to h...
Life Insurance Corporation of India Vs. Khulana Sundari Nayak and ors.
Court: Orissa
Decided on: Apr-15-2008
Reported in: 2008(II)OLR588
ORDERA.K. Parichha, J.1. Learned Counsels for the parties are present. With their consent, the appeal is taken up for final disposal at the stage of admission. The following substantial question of law is canvassed by the appellant. Whether the judgments of the Courts below waiving pendentilite interest on the decretal amount is contrary to the provisions of Order 34, Rule 11, C.P.C. Heard.2. The appellant, as plaintiff, filed Title Mortgage Suit No. 16 of 1994 in the Court of the learned Civil Judge (Senior Division), Kendrapara for realization of a sum of Rs. 75,760.50 along with interest at the rate of 12.5% per annum from the date of filing of the suit till the date of decree from the defendant on the ground that the defendant took a loan from the plaintiff and did not repay the same. The defendant-Khirod Prasad Naik in his written statement denied to have taken loan and accordingly, denied the claim of the plaintiff. He also pleaded that the claim is barred by limitation.3. The tr...
Sri Arun Kumar Pandey and ors. Vs. Revenue Officer and Tahasildar and ...
Court: Orissa
Decided on: Apr-11-2008
Reported in: 106(2008)CLT59; 2008(I)OLR990
Indrajit Mahanty, J.1. The petitioner in this writ application seeks to challenge the order dated 14.9.1987 passed by the Additional District Magistrate, Sambalpur now District Jharsuguda. Pursuant to that order, OLR Case No. 365 of 1976, which was dropped by the Revenue Officer by his order dated 30.4.1978.2. The limited facts of the case are that a proceeding under the OLR Act was initiated against the petitioner as OLR Case No. 365 of 1976 on account of the petitioner having failed to submit a return as required under Section 40(A) of the OLR Act. That proceeding culminated by the final order passed on 30.4.1978.3. Mr. Udgata placed his reliance upon the findings given by the Revenue Officer-cum-Tahasildar, Jharsuguda in his order dated 30.4.1978. The most relevant portion of the said order is quoted below:I have conducted local enquiry and visited the house of co-sharers. As per the partition effected during the year 1928, an area of Ac.118.36 1/4 of the lands falls to the share of...
T.R. Chemicals Ltd. (Unit-ii) and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Apr-11-2008
Reported in: AIR2008Ori126; (2008)106CALLT26(NULL)
Indrajit Mahanty, J.1. The Petitioner-M/s. T.R. Chemicals Limited (Unit-II) in this writ application seeks to challenge the Order Dated 25.5.2007 (Annexure-4) directing suspension of its licence for storage and transportation of minerals under Section 6 of the Orissa Minerals (Prevention of Theft, Smuggling and Other Unlawful Activities) Act, 1989 (in short 'Orissa Act, 1989') apart from the challenge to the Order Dated 18.06.2007 (Annexure-6) directing cancellation of the Petitioner's licence in purported exercise of power under Section 7 of the Orissa Act, 1989. The Petitioner also further seeks to challenge the direction made in the said order directing the Petitioner to deposit a sum of Rs. 4,00,675.00 as cost of price of the Iron Ores under the provisions of the Orissa Act, 1989, inter alia, on the ground that the action of the Deputy Director of Mines in passing the impugned order was without jurisdiction and therefore, illegal.2. From the averments made in the writ application, ...
The Executive Director, Nalco Ltd. and ors. Vs. Prasanna Behera and or ...
Court: Orissa
Decided on: Apr-11-2008
Reported in: (2008)106CALLT174(NULL)
Sanju Panda, J.1. Since all these appeals arise out of a common award, those were heard together and are being disposed of by this common Judgment.2. These first appeals are directed against the common Judgment 16.4.2001 passed by the Learned Civil Judge (Senior Division), Angul in Land Acquisition Misc. Case' Nos.76 of 1988, 133 of ' 1988, 179 of 1987, 180 of 1987, 182 of 1987, 185 of 1987, 186 of 1987, 187 of 1987, 189 of 1987, 190 of 1987,200 of 1987, 25 of 1988,60 of 1988,64 of 1988,65 of 1988,77 of 1988,78 of 1988, 126 of 1988, 132 of 1988,186 of 1988, 189 of 1988,191 of 1988, 193 of 1988, 197 of 1988 & 201 of 1988, 68 of 1992, 14 of 1989, 15 of 1989, 16 of 1989, 24 of 1989,27 of 1989, 182 of 1988, 177 of 1988, 180 of 1988, 203 of 1988, 68 of 1992 and 8 of 1989 in answering the reference under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act').3. The above references were earlier disposed of by the Learned Civil Judge (Senior Division), Angul on 12.11.19...
Medical Council of India Vs. Sonali Singh and ors.
Court: Orissa
Decided on: Apr-11-2008
Reported in: 2008(II)OLR467
A.S. Naidu, J.1. The Medical Council of India has filed this Review Petition with a prayer to review the order dated 4.3.2008 passed by this Court in WP(C) No. 2668 of 2008.2. Before delving into the grounds taken in the review petition, it would be just and proper to have a bird's eye view at the facts of the present case.The dispute in the aforesaid Writ Petition was regard to resistance by the VSS Medical College, Burla in permitting Ms. Sonali Singh, the Writ Petitioner, from attending classes in the MBBS course. The Writ Petitioner after passing +2 Science Examination had appeared in the Joint Entrance Examination, 2007 (Orissa) for taking admission in Medical Stream. She was selected and was called to attend counselling. During counselling when her turn came all the seats in MBBS course having been filled up, she was offered a seat in BOS course at the SCB Medical College, Cuttack. Having no other way out, the Writ Petitioner who belonged to ST category accepted the offer and too...
Rama Ranjan Mohanty Vs. Bijaya Kumar Padhihari and anr.
Court: Orissa
Decided on: Apr-10-2008
Reported in: (2008)106CALLT48(NULL)
Indrajit Mahanty, J.1. In the present Writ Petition, the Petitioner has sought to challenge the Order Dated 5.2.2008 passed by the Learned Civil Judge (Jr. Division), Nimapara inflection Misc. Case No. 8, of 2007 by which the Learned Civil Judge was pleased to direct opening of the ballot box and recounting the votes cast in favour of both the parties as well as the rejected votes of booth Nos. 1 and 8.2. Mr. Mukherjee places reliance upon Rule 51 of the Orissa Gram Panchayat Rules, 1965 (in short 'the Rules') and submits that in the present case when the original count took place, the Petitioner was found to have secured 1348 votes and Opposite Party No. 1 was found to have obtained 1349 votes. Further, the Election Officer has directed to recount in accordance with the relevant rules and pursuant to such direction for recounting, the Petitioner was found to have obtained 1345 votes whereas the Opposite Party was found to have secured 1344 votes and accordingly, the Petitioner was dec...
Governing Body of Stewart Science College and anr. Etc. Vs. State of O ...
Court: Orissa
Decided on: Apr-10-2008
Reported in: AIR2008Ori143
ORDERA.S. Naidu, J.1. The facts and points of law in both the writ petitions being the same, both the matters were heard together.2. W.P. (C) No. 7762 of 2004 has been filed by the Governing Body of the Stewart Science College, Cuttack represented through its Secretary challenging the Notification No. IV.HE/GB-02/2004.21066/HE dated 10th June, 2004 (Annexure 2) issued by the State governing dissolving Governing Body of the College along with the Governing Bodies of all Non-Government Aided Colleges in the State in purported exercise of powers conferred upon it under the proviso to Sub-section (6) of Section 7 of the Orissa Education Act, 1969.The same Notification bearing No. W.HE/ GB-02/2004.21016/HE dated 10th June, 2004 dissolving the Governing Body of the Christ College, Cuttack is assailed in W.P. (C) No. 7763 of 2004 by the Secretary of the Governing Body of that College.3. As it appears from the averments in the W.P. (C) No. 7762 of 2004, and submissions made by the learned Coun...
Divisional Manager, Oriental Insurance Co. Ltd. Vs. Babaji Raut and an ...
Court: Orissa
Decided on: Apr-10-2008
Reported in: 2009ACJ2124
N. Prusty, J.1. Since M.A.C.A. No. 429 of 2003 and W.P. (C) No. 3079 of 2004 arise out of a common award, both the matters are taken up together.2. The petitioner Oriental Insurance Co. Ltd., which was opposite party No. 2 in M.A.C.T. Misc. Case Nos. 133/777 of 1992/1990 on the file of the Fourth M.A.C.T., Puri, has filed W.P. (C) No. 3079 of 2004 challenging the judgment dated 2.5.2003 passed in the said case awarding a sum of Rs. 8,000 in favour of claimant-opposite party No. 1 on the ground that since the insurance policy issued in favour of the owner of the vehicle, namely, Man Bhusan Dora was cancelled due to dishonour of cheque submitted by the owner for issuance of policy and such cancellation of policy was intimated to the owner of the vehicle by the insurance company as well as the Regional Transport Officer, Puri, where the vehicle was registered, much prior to the date of accident, the petitioner insurance company is not liable to indemnify the owner of the vehicle and to pa...
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