Orissa Court June 2008 Judgments
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Swami Shree Dutta Yogeshwar Dev Tirtha Maharaj Vs. State of Orissa and ...
Court: Orissa
Decided on: Jun-20-2008
Reported in: AIR2008Ori187
ORDERA.S. Naidu, J.1. The dispute in the present Writ Petition is with regard to succession to the office of the hereditary trustee of Gobardhan Math, Puri. The said Math is a public religious endowment governed under the provisions of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as 'the Act').2. Admittedly Jagatguru Shankaracharya Niranjan Dev Tirthaswamy was the last hereditary trustee of Gobardhan Math. During his lifetime he had voluntarily relinquished his office and had intimated the said fact in writing to the Commissioner of Endowments, Orissa, opposite party No. 2, by registered post. While matter stood thus, Shri Nischalananda Saraswati Dev Tirthaswami claiming to be the successor of late hereditary trustee Jagatguru Shankaracharya Niranjan Dev Tirthaswami filed an application under Section 36 read with Section 39 of the Act before the Commissioner of Endowments to recognise him as the hereditary trustee of the Math. The said application was regist...
State of Orissa Vs. Laxman Mohapatra and anr.
Court: Orissa
Decided on: Jun-20-2008
Reported in: 2009CriLJ282
M.M. Das, J.1. This appeal has been preferred against the judgment and order of acquittal passed in S.T. No. 4 of 1987 by the learned Sessions Judge, Puri, on leave being granted under Section 378(3) Cr.P.C. The respondents-accused persons faced their trial for alleged commission of offences under Sections 302/34 and 498-A/34 IPC. The deceased-Asahamani was the wife of the respondent No, 1-Laxman. It was alleged that she was murdered on 11.9.1985 at about 8.00 p.m. on being subjected to cruelty by the respondent-accused persons in furtherance of their common intention.2. The prosecution case in brief is that accused-Laxman married the deceased-Ashamani about 7 to 8 years before the date of occurrence. The marriage took place under peculiar circumstances, i.e., the marriage of the deceased was settled with another man but on the date fixed for the marriage, the negotiation failed, for which, the maternal uncle of the deceased searched for another bridegroom and on negotiation with the p...
Kanhu Charan Muduli Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-19-2008
Reported in: 106(2008)CLT565
Indrajit Mahanty, J.1. The Petitioner Kanhu Charan Muduli was originally appointed as 'Sweeper' in the U.N. College, Soro w.e.f. 26.9.1983 on the basis of the resolution passed by the Governing Body of the college. The Petitioner asserts that the post of Laboratory Attendant in the Department of Zoology was created w.e.f. 5.1.1987 and the Petitioner was appointed as such, from the said date.2. The Petitioner has filed this writ application seeking a direction to the Opposite Parties to approve the services of the Petitioner as Laboratory Attendant in the Department of Zoology against the second post in U.N. College, Soro w.e.f. 5.1.1987 and to pay his arrear salary as well as all service benefits consequent thereto.3. From the averments made in the writ application, it appears that one Gopabandhu Dash claiming to be the holder of the post of Laboratory Attendant (second post) in the Department of Zoology in the self-same college, had approached this Hon'ble Court in O.J.C. No. 387 of 1...
Prasanta Kumar Chhotray Vs. State of Orissa
Court: Orissa
Decided on: Jun-19-2008
Reported in: 2008CriLJ4268
1. Heard argument from the parties, hearing is concluded and the judgment is as follows:2. Order of conviction under Section 302/201, I.P.C. and sentence of imprisonment for life imposed against the accused/ appellant by learned Second Additional Sessions Judge, Puri in S. T. Case No. 1/384 of 1998-97 is under challenge.3. Sarat Chandra Chhotray (hereinafter referred to as 'deceased') and Prasanta Kumar Chhotray (hereinafter referred to as 'accused') are two amongst four brothers. The occurrence took place in the night of 3-6-1997. By then deceased was serving as a Teacher in the district of Koraput and was trying for his transfer to Bhubaneswar. He had come to his native place during the summer vacation and was staying at Puri together with the accused and other inmates. On 3-6-1997 deceased together with the accused went to Bhubaneswar to pursue the matter relating to transfer. They went in a Yamaha motor-cycle bearing Registration No. OSF-4325. On the following day, i.e., on 4-6-199...
Ananta Kumar Sethi Vs. Collector and Four ors.
Court: Orissa
Decided on: Jun-19-2008
Reported in: 2008(II)OLR970
ORDERM.M. Das, J.1. Heard Mr. Rath, learned Counsel for the petitioner and Mr. B. Dash, learned Counsel for the State.The petitioner has called in question the order dated 3.3.2008 passed by the Sub-Collector, Balasore suspending his licence granted under the Orissa P.D.S. (Control) prder, 2002 (for short, 'the Control Order').Mr. Rath, learned Counsel for the petitioner submits that the petitioner was a licensee under the aforesaid Control Order and on the self-same ground of non-supply of P.D.S. rice to one of the beneficiaries, a show cause notice was previously issued to him and on consideration of the said show cause notice, the petitioner's security was forfeited. But, however, he was reinstated as a licensee under the aforesaid Control Order.2. Mr. Rath further submits that for the similar nature of allegation for the self-same period, again supply of monthly quota to him as a P.D.S. Retailer has been suspended by the impugned order without issuing any prior show cause notice as...
Dibakar Bhoi Vs. State of Orissa and Three ors.
Court: Orissa
Decided on: Jun-19-2008
Reported in: 2009(I)OLR935
ORDERA.K. Parichha, J.1. Heard learned Counsel for the parties. The petitioner, who has been arrayed as a delinquent in CMC No. 467 of 2007 in the court of learned Executive Magistrate, Criminal Court, Baripada, has filed this petition challenging the order initiating the proceeding under Section 107, Cr.P.C. against her basically on the plea that the Executive Magistrate before initiating the proceeding and issuing show cause notice did not undertake any inquiry for his satisfaction and that relying only on the police report he initiated the proceeding and issued show cause notice.2. Mr. Bhoi, learned Counsel for the petitioner relying on the case of Chandramani Nayak v. State : 1991(II)OLR111 reiterates the stand of the petitioner.3. Mr. Pradhan, learned Counsel for opposite parties, on the other hand, supports the impugned order and notice Annexure-1 and 2.4. The order of the Executive Magistrate dated 14.08.2007 initiating the proceeding under Section 107, Cr.P.C. reveal that on pe...
Executive Director and General Manager, Nalco Vs. Somanath Garanaik an ...
Court: Orissa
Decided on: Jun-18-2008
Reported in: 106(2008)CLT346
Sanju Panda, J.1. This First Appeal is directed against the award dated 11.4.1996 passed by the Learned Civil Judge (Senior Division), Angul in Land Acquisition Misc. Case No. 52 of 1991 in a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act').2. As per Gazette Notification No. 69 dated 16.2.1982 published under Section 4(1) of the Act, the State Government acquired different types of land of the claimants-Respondent Nos. 1 & 2 measuring a total area of Ac. 2.10 decimals appertaining to Holding No. 292 of Mouza Girang for construction of NALCO. The Special Land Acquisition Officer, Nalko, Dhenkanal awarded a total compensation of Rs. 39,456.73 paise for different types of land. He computed the compensation at different rates for different kissam of lands. The claimants received the said compensation on protest and filed their objection claiming higher compensation which was referred to the Civil Court under Section 18 of the Act. The claimants ...
Dijabara Mallik and ors. Vs. Baidhar Mallik and ors.
Court: Orissa
Decided on: Jun-18-2008
Reported in: 106(2008)CLT586
Sanju Panda, J.1. This First Appeal has been filed by the Defendants-Appellants against the Judgment and decree dated 27.8.1981 and 10.9.1981 respectively passed by the Learned Sub-Judge, 2nd Court, Cuttack in Title Suit No. 263 of 1977. Respondents as the Plaintiffs had filed the suit for partition of Schedules 'B' and 'C property.2. The facts of the case are as follows:Rahasa Mallik, the common ancestor of the parties had two sons. They are, Abhina Mallik and Babana Mallik. Abina died in the year 1946. His sons are, Achuti and Sankar. Sankar died issueless and Achuti predeceased his father Abhina. Achuti had three sons, namely, Batakrushna, Dijabara, Birabara and a daughter, Nisi. His widow Radhi Bewa died in 1968 and Batakrushna died leaving behind him his son Defendant No. 4 and daughter Defendant No. 5 and his widow Defendant No. 3 Dijabara and Birabara are Defendant Nos. 1 and 2 respectively. Nisi is Defendant No. 6 Babana died in the year 1940 leaving behind him his three sons, ...
Union of India (Uoi) and ors. Vs. O.C.C. Ltd. and ors.
Court: Orissa
Decided on: Jun-18-2008
Reported in: 106(2008)CLT561
S. Panda, J.1. The Civil Revision as well as the Misc. Appeal arises out of O.S. No. 143 of 1990-1. The Defendants are Union of India, South Eastern Railway and its officers. Opposite Party No. 1-M/s. Orissa Construction Corporation Limited, who is the sole Plaintiff, filed the aforesaid suit under Section 20 of the Arbitration Act, 1940. By Order Dated 9.3.1994, the Learned Civil Judge (Senior Division), Bhubaneswar directed Defendants 1 to 3 to produce the original agreement made between M/s. OCC Limited and Union of India. Being aggrieved by the said order, Defendants 1 to 3 have filed Misc. Appeal No. 100 of 1996. The civil revision has also been filed by the same Defendants being aggrieved by the Order Dated 20th January, 1995 passed by the Learned Civil Judge in the said suit whereby he directed that the appointment letter along with relevant documents be sent to the Arbitration Tribunal, Orissa, Bhubaneswar for adjudication of the disputes between the parties according to law.Si...
Gajendra Kumar Naik Vs. Durja Naik and ors.
Court: Orissa
Decided on: Jun-18-2008
Reported in: 106(2008)CLT571
Sanju Panda, J.1. In this civil revision, challenge has been made to the Order Dated 29.8.2007 passed by the Learned Civil Judge (Senior Division), Titilagarh in MJC No. 16 of 2003 wherein he has set aside the Judgment and decree dated 30.9.2002 passed by him in T.S. No. 61 of 2001.2. The facts of the case are as follows;The Petitioner as the Plaintiff filed title Suit No. 61 of 2001 before the Learned Civil Judge (Senior Division), Titilagarh for declaration of his right, title and interest and confirmation of possession over the disputed land and with an alternative prayer for recovery of possession, if the Petitioner is found to be dispossessed from the suit land in the meantime. He also prayed for permanent injunction against the Defendants restraining them from entering into the suit land and creating arty disturbance in the peaceful possession of the Plaintiff over the same. Defendants are the members of a joint family. Defendant No. 1 is the father, Defendant No. 2 is the mother...
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