Orissa Court July 2008 Judgments
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Bijaya Kumar SwaIn Vs. Harekrushna Nayak
Court: Orissa
Decided on: Jul-11-2008
Reported in: 106(2008)CLT749
Sanju Panda, J.1. Challenge has been made in this civil revision to the Order Dated 23rd April, 2007 passed by the Learned Civil Judge (Senior Division), Bhadrak in IA. No. 206 of 2007 rejecting the application filed by the Petitioner under Section 47 of the Civil Procedure Code.2. The brief facts of the case are as follows:The Judgment debtor filed an application under Section 47 of the Civil Procedure specifically raising the objections that the suit land Ac.0.31 % decs, is admittedly a portion of Ac. 1.13 decs. Though boundary has been mentioned in the suit schedule land, there is possibility of delivery of possession of wrong property as the dimension of the property has not been specified and there is no such measure settlement plot as has been described in the execution petition in the major settlement map. Therefore, he prayed to drop the execution proceeding as the description of the property has not been mentioned. Admittedly, Opposite Party filed a suit for a decree of declar...
Pramod Kumar Nayak Vs. Pratap Kumar Mallick and anr.
Court: Orissa
Decided on: Jul-10-2008
Reported in: 2008(II)OLR492
ORDER1. Heard Mr. S. Sahoo, learned Counsel for the petitioner and Mr. N.K. Rath, learned Counsel for the O.P.- contemnors.2. Pursuant to the order of this Court dated 7.5.2008, both the contemnors, namely, Pratap Kumar Mallick, Branch Manager, Nimapara Branch of United Puri-Nimapara Central Cooperative Bank Ltd., Puri and Prasanta Kumar Dash, C.E.O., Nimapara Block-cum-Authorised Officer and Management-in-charge of Kapileswar Service Cooperative Society Ltd., Patpur, appear in person today before this Court.3. The petitioner has filed this petition under Section 12 of the Contempt of Court's Act, 1971 alleging violation of the interim order passed by a collateral Bench of this Court dated 4.9.2006 in Misc. Case No. 9733/2006 arising out of W.P.(C) No. 10933/2006. While issuing notice in the writ petition, this Court passed the said interim order dated 4.9.2006, which is as follows:Operation of order No. 803 dated 23.5.2006, Annexure- 2, passed by the Secretary, United Puri Nimapara Ce...
Balaram Sahoo Vs. Sub-collector-cum-executive Officer and ors.
Court: Orissa
Decided on: Jul-09-2008
Reported in: 106(2008)CLT507
B.N. Mahapatra, J.1. In this Writ Petition, the Petitioner has made a grievance that the auction of the Cycle Stand, which he was running for the year 2007-08, has been settled in favour of O.P. No. 3 for the year 2008-09 without following due procedure and without giving any opportunity to the Petitioner to participate in the bid.2. Briefly stated, the case of the Petitioner is that the auction of the Cycle Stand was settled in his favour for the year 2007-08. While the Petitioner was running the Cycle Stand, the Opposite Parties published a notice through a daily newspaper and also issued an official notice stating therein that the intending parties were required to participate in the tender to be held on 20.02.2008. Time and venue of such tender were also fixed. The tender related to 13 items of Sri Sri Dhabaleswar Jew and Sri Sri Sarpeswar Jew under Athgarh Endowment jurisdiction for the year of 2008-09. The notice further contained that in case of failure to hold the auction of an...
Dr. Rupananda Brined Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: Jul-08-2008
Reported in: 106(2008)CLT855; 2008(II)OLR357
ORDER1. Heard Mr. A.K. Mishra, learned Counsel for the petitioner along with his associate, Ms. G. Majhi, learned Counsel for the State appearing for O.Ps. 1 and 3 and Mr. B.P. Tripathy, learned Counsel for O.P.2 Mission Director, NRHM.2. The petitioner has filed this writ petition with a prayer to issue a Writ of Mandamus directing the O.Ps. to consider his candidature and quash the list of candidates short-listed belonging to Bargarh District, which was published on 9.6.2007 by the Mission Director, NRHM, O.P.2, for the appointment of Ayush doctors.3. The case of the petitioner is that though he is qualified to be engaged as an Ayush doctor and has applied for the same, his name did not find place in the selection list. According to him, the authorities have not followed the O.R.V. Act and Rules at the time of shortlisting the candidates. Though he is a Scheduled Castes candidate and belongs to Bargarh District, he was deprived of getting the said appointment.4. Counter affidavits ha...
Laxmikanta Sahoo Vs. State of Orissa
Court: Orissa
Decided on: Jul-08-2008
Reported in: 2008(II)OLR523
M.M. Das, J.1. In this application under Section 482, Cr.P.C., the petitioner Laxmikanta Sahoo, who is an accused in Vigilance G.R. Case No. 7 of 2005 pending in the Court of the learned Special Judge (Vigilance), Sambalpur, has prayed for deleting his name from the charge-sheet submitted in the said case, or, in other words, has prayed for quashing the said proceeding, so far as it relates to the petitioner.2. On a complaint lodged by one Oram Lakra on 15.02.2005 before the Superintendent of Police (Vigilance), Sambalpur through the Deputy Superintendent of Police (Vigilance), Rourkela making allegation that while the informant was attached to Special Squad, Rourkela, he applied for the driving licence to the R.T.O., Rourkela in September, 2005, and received the learners driving licence. On 15.02.2005, he asked the dealing clear - Sanjit Kumar Ray of the R.T.O. office for issuance of a permanent driving licence and the said clerk demanded Rs. 200/- over and above Rs. 230/- already pai...
Surendranath Panda Vs. State of Orissa
Court: Orissa
Decided on: Jul-07-2008
Reported in: 2008(II)OLR267
L.K. Mishra, J.1. In this CRLMC challenge is made to the order dated 22.11.2007 passed by the learned Addl. Sessions Judge-cum-Special Judge, Malkangiri in C.T. Case No. 112 of 2006 by which he refused to release the seized vehicle in the zima of the petitioner.2. The factual backdrop is as follows. On 5.4.2006, accused Surendranath Panda (the present petitioner) was found transporting 69 K.Gs. of contraband Ganja in a TATA-ACE car which vehicle was intercepted by the O.I.C. Orkel Police Station. Charge Sheet was placed after investigation under Section 20(b)(i) and 29(1) of the N.D.P.S. Act against the petitioner. The petitioner came up with a prayer for release of the said vehicle, which was rejected by the learned Addl. Sessions Judge on 22.11.2007 occasioning the present CRLMC.3. The learned Counsel for the petitioner has submitted that the vehicle was purchased on loan and as the same has been seized and detained at the Orkel Police Station, the accused is not able to pay back the...
Suhasini Padhi Vs. Chairman, Joint Entrance Examination and ors.
Court: Orissa
Decided on: Jul-07-2008
Reported in: 106(2008)CLT841
ORDERM.M. Das, J.1. The Petitioner is one of the applicants for the Joint Entrance Examination, 2008, Orissa (in short 'the JEE').2. It is the case of the Petitioner that along with the application form, she submitted copies of documents as required under Clause 2.1 of the information brochure as Orissa State Candidates (S-Category) and the Chairman, Joint Entrance Examination-Opposite Party No. 1 as well as the Director of the Medical Education Training, Orissa-Opposite Party No. 2 without considering her case as a Orissa State Candidates in (S-Category), they considered her in the Outside State Category, i.e., (ZZ-Category) and gave her the 60th rank in the said category, depriving her from getting a chance for admission to the MBBS course in any of the Government Colleges and other Private Colleges of the State.3. The Petitioner has stated that she submitted requisite certificate granted by the competent authority showing that the parents of the Petitioner are permanent resident of ...
Sarita Arya Vs. District Judge-cum-election Tribunal and anr.
Court: Orissa
Decided on: Jul-03-2008
Reported in: 2008(II)OLR237
ORDER1. Both the writ, applications arise out of a common judgment dated 24.5.2008 passed by the learned District Judgev cum-Election Tribunal, Bolangi,r in two election petitions.2. Ambika Satnami, opposite party No. 2, in W.P.(C) No. 7913 of 2008 filed Election Petition No. 96 of 2003 challenging the election of the petitioner as Chair-person of Kantabanji N.A.C., she having been elected as Councillor from Ward No. 9. Shasikala Agrawala, opposite party No. 2, in W.P.(C) No. 7915 of 2008 filed Election Petition No. 97 of 2003 challenging election of the petitioner as Councillor of Ward No. 6 of Kantabanji N.A.C. Both the election cases were heard together and were disposed of in a common judgment by the learned District Judge-cum-Election Tribunal declaring the petitioner to be disqualified to contest for the post of Councillor of Ward No. 6 and consequently for the post of chair-person.3. The sole ground taken in both the election petitions is that the petitioner was disqualified to ...
Sricharan SwaIn Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-03-2008
Reported in: 2008(II)OLR834
A.S. Naidu, J.1. The order dated 10th March, 1993 passed by Addl. District Magistrate, Cuttack in O.E.A. Appeal No. 4/1990 is assailed in this Writ application mainly on the ground that the said authority had no jurisdiction to entertain an appeal filed under Section 9 of the O.E.A. Act as the order of settlement made in favour of the petitioner was passed under the provisions of the Orissa Tenancy Act.2. The petitioner claiming to be a tenant in respect of Ac.2.00 lands out of Ac.4.30 appertaining to C.S. Plot Nos. 52 and 56 under C.S. Khata No. 25 of Mouza-Sasan has asserted, that the said lands originally belonged to the Ex-landlord of Kujang Estate and were recorded under Anabadi Khata No. 25 with a status of 'Puratana Patia' in the record of rights published in the year 1929. According to him his ancestor after obtaining due permission from the ex-intermediary and after being inducted as tenant reclaimed the above lands with considerable expenses and were in cultivating possession...
Jagannath Traders Represented by Manorama Tripathy Vs. Chakradhar Bari ...
Court: Orissa
Decided on: Jul-02-2008
Reported in: 2008(II)OLR688
B.K. Patel, J.1. On receipt of the prosecution report from the Marketing Inspector of Patrapur, cognizance of offence under Section 7 of the Essential Commodities Act (in short 'the Act') was taken by the learned J.M.F.C., Patrapur and processes were issued against four accused persons including the present petitioner on 22.1.2004 in 2(C) C.C. No. 1 of 2004. It appears that the petitioner approached this Court previously in CRLMC No. 708 of 2004 challenging the order of cognizance and issuance of process to her on behalf of M/s. Jagannath Traders. By order dated 8.4.2004, this Court in CRLMC No. 708 of 2004 directed that if the petitioner would file an application before the J.M.F.C, Patrapur for reconsideration of the cognizance order, learned Magistrate shall consider the same on its own merit and pass necessary orders. In accordance with the direction of this Court, the petitioner filed a petition before the learned Magistrate praying to recall the order of taking cognizance. By the...
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