Orissa Court January 2009 Judgments
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Simon Toppo Vs. State of Orissa
Court: Orissa
Decided on: Jan-30-2009
Reported in: 2009CriLJ2592
1. This appeal is directed against the judgment and order dated 12-6-1998 passed by the learned Sessions Judge, Sundargarh in S.T. No. 245 of 1995, wherein he convicted the accused-appellant for the offence under Section 302/201 of IPC and sentenced him thereunder to undergo imprisonment for life and rigorous imprisonment for 5 years respectively.2. Succinctly stated, the prosecution case is that P.Ws. 6, 7 deceased Anita Bada, an unmarried girl the accused-appellant and some others were engaged as labourers for about two months to dig the well of P.W. 9. In course of such engagement, intimacy developed between the accused-appellant and the deceased leading to their physical relationship and pregnancy of the deceased. When the pregnancy could be known, on 23-7-1995 the deceased requested P.Ws. 6 and 7 to escort her to the house of accused-appellant situated in village Bheluadihi. Accordingly, when all the three were going to that village, on the way, they met the accused-appellant and ...
Sri Awadhram Dubey and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-29-2009
Reported in: (2009)107CALLT312(NULL)
1. Heard further argument and the Judgment is as follows.2. The Petitioners have filed this Writ Petition with the following prayers:The Petitioners humbly pray that this Hon'ble Court may be graciously pleased to issue rule nisi calling upon the Opposite Parties to show cause as to why they should not be directed to extend the rehabilitation benefits to the Petitioners and they should not be injuncted from demolishing the structure standing on A 0.08 decimals of land pertaining to M.S. Plot No. 214 and from interfering with the use, occupation, access and possession of the Petitioners over the same till this land is acquired under a valid notification and if the Opposite Parties fail to show cause or show insufficient cause make the rule absolute by issuing appropriate writ/writs which the Hon'ble Court deems fit and proper in the facts and circumstances of this case.3. An area of 0.08 dec. of land in Major Settlement plot No. 214 is the disputed area. The admitted case of the parties...
Mohammed Nasir Vs. Jadab Kumar Sahu and Six ors. and Jahanara Begum an ...
Court: Orissa
Decided on: Jan-29-2009
Reported in: 2009(I)OLR647
ORDER1. This writ petition has been filed challenging the order dated 25.11.1997 passed by the learned Civil Judge (Junior Division), Bhadrak (Annexure-1) by which the application filed by the writ petitioners for their transposition as plaintiff as the original plaintiff abandoned the suit by filing application for withdrawal which had been allowed and against the order of the revisional Court dated 15.4.2004.2. The facts and circumstances giving rise to this case are that T.S. No. 12 of 1997 was instituted on 10.1.1997 by one Nabakishore Sahu in the Court of learned Civil Judge (Junior Division), Bhadrak against the present writ petitioners seeking relief of permanent injunction and not to permit them to raise any construction over the suit property, i.e., mouza Kuans Khata No. 759, plot No. 1445. Subsequently as an interim order had been passed by the competent authority under the OPLE Act, the plaintiff filed an application on 25.11.1997 before the trial Court to withdraw the suit....
Rama Chandra Das @ Babu Bhoi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-29-2009
Reported in: 2009(I)OLR659
L. Mohapatra, J.1. The petitioner in this writ application assails the order of detention dated 16.7.2008 passed by the learned District Magistrate, Puri in exercise of powers conferred by Sub-section (2) of Section 3 of the National Security Act, 19'80 (in short 'the Act').2. Mr. Dhal, learned Counsel appearing for the petitioner assails the order of detention only on the ground that the order of detention was passed on the basis of the report of the Superintendent of Police, Puri but the detenu-petitioner was not supplied with a copy of the report of the S.P., Puri.3. A counter affidavit has been filed by the Collector, Puri and in Paragraph-D of the said counter affidavit, it is admitted that the report of the Superintendent of Police was not supplied to the petitioner because, it is confidential in nature and addressed to the District Magistrate, Puri. However, the order of detention clearly shows that it had been passed on the basis of the report of the Superintendent of Police. T...
Bijay Krushna Dwivedy and anr. Vs. Laxmi Dei and anr.
Court: Orissa
Decided on: Jan-28-2009
Reported in: (2009)107CALLT315(NULL)
A.S. Naidu, J.1. The Judgment and decree dated 4.2.1987 and 23.2.1987 respectively passed by the then Subordinate Judge, Jajpur in Title Appeal No. 12 of 1986 setting aside the Judgment and decree dated 20.09.1985 passed by the Munsif, Jajpur in Title Suit No. 107 of 1981 are assailed in this appeal.2. Respondent No. 1-Laxmi Dei, as the sole Plaintiff, filed Title Suit No. 107 of 1981 in the Court of the then Munsif, Jajpur for passing a decree of perpetual injunction under Section 44 of the Transfer of Property Act against Defendant Nos. 1 and 2 restraining them from entering upon the suit land a portion of homestead or in the alternative for recovery of possession if the Defendants 1 and 2 are found in possession of the land and to direct the Defendants 1 and 2 to transfer the suit land, which they have purchased from Defendant No. 3 in favour of the Plaintiff for a, consideration of Rs. 2,000/- or as per the market price to be determined by the Court as well as for other ancillary r...
Jagadish Panigrahi and anr. Vs. the Chief Executive Officer, Southern ...
Court: Orissa
Decided on: Jan-28-2009
Reported in: (2009)107CALLT323(NULL)
A.S. Naidu, J.The father and mother of one Jitu Panigrahi, who received electric shock and died due to the said shock, have approached this Court for issuance of a direction to the Opposite Parties to pay compensation of Rs. 3 lakhs along with interest and cost.2. Bereft of unnecessary details, the short facts, which are necessary for effectual adjudication are that-Jitu Panigrahi, aged about 14 years was working as a daily labourer in the Hotel of one Rama Krush'na Panigrahi. On 16.9.2004 at about 8.30 A.M. he along with another person, it is alleged, were removing the tin sheets and wood from the rooftop of the hotel for the purpose of Ganesh Puja. Accidentally, the tin sheet came in contact with the live electric wire, which was passing by the side of the hotel and Jitu received electric shock and fell down over the line and became seriously injured. He was removed to the hospital where he was declared dead. The cause of death was assigned to be 'Cardiac Arrythemia resulting from el...
Jiban Ranjan Ray Vs. District Judge and anr.
Court: Orissa
Decided on: Jan-27-2009
Reported in: (2009)107CALLT482(NULL)
B.S. Chauhan, C.J.1. This Writ Petition has been fled challenging the Orders Dated 29.9.2004 and 30.9.2004 under Annexures 5 and 6 respectively by which the services of the Petitioner had been terminated on the ground that he had been illegally appointed as a Class IV employee in the judgeship of Kandhamal-Boudh, Phulbani.2. The facts and circumstances giving rise to this case are that the Petitioner claims to have been appointed vide Order Dated 26.8.2002 (Annex. 1) as a Class IV employee by the District Judge, Kandhamal-Boudh, Phulbani. Subsequently this Court on administrative side received certain complaints and an inquiry was held. This Court came to the conclusion that appointments had been without following the procedure prescribed by law. Disciplinary proceedings were also initiated against the then District Judge. However, subsequently it could not be completed and the same were dropped. However, a show cause dated 21.8.2004 was served upon the Petitioner why his services coul...
Bijaya Kumar SwaIn @ Bhanj Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jan-27-2009
Reported in: 107(2009)CLT690
Sanju Panda, J.1. The order of detention dated 26.2.2008 passed by the District Magistrate-cum-Collector, Puri, Opposite Party No. 3, under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as 'the Act') is under challenge in this habeas corpus petition filed by the Petitioner under Article 226 of the Constitution of India.2. Brief facts giving rise to this habeas corpus petition are that after Opposite Party No. 3-District Magistrate-cum-Collector, Puri passed the order of detention dated 26.2.2008 of the Act against the Petitioner, the State Government vide Order Dated 18.4.2008 confirmed the same for a period of 12 months from the date of detention in the district jail until further orders. The Petitioner was inside the jail custody when the aforesaid order was passed as he was arrayed as an accused in connection with Puri Town PS. Case No. 47/2008 dated 4.2.2008 under Sections 341/323/294/379/34 IPC. Another case was also registered against the Petitioner on ...
Sri Subash Chandra Das Vs. Registrar (Amn.), Orissa High Court and 3 o ...
Court: Orissa
Decided on: Jan-22-2009
Reported in: 107(2009)CLT601
B.S. Chauhan, C.J.1. This Writ Petition has been filed for issuing direction to the Respondents to give promotion to the Petitioner as Chief Judicial Magistrate/Addl. District Judge and District Judge with effect from the date Opposite Party Nos. 4 and 5 had been promoted on the said posts i.e. C.J.M.; Ad hoc A.D.J. under the special scheme; and Regular A.D.J. in the senior branch of Orissa Superior Judicial Services with all consequential benefits.2. The facts and circumstances giving rise to the case are that Petitioner was appointed as Munsif on probation vide notification dated 2.6.1980 and confined on the said post vide notification dated 26.7.1985. Petitioner claims to have been promoted vide Order Dated 30.1.1989 as O.J.S. Class-I (Jr.) and subsequently as Subordinate Judge on 10.8.1990. Petitioner was put under suspension during the Departmental Proceedings between 1996-1998 and during this period large number of persons junior to him had been promoted as Chief Judicial Magistr...
Lokanath Mohanty Vs. High Court of Orissa Represented Through Registra ...
Court: Orissa
Decided on: Jan-22-2009
Reported in: 107(2009)CLT665; 2009(I)OLR959
B.S. Chauhan, C.J.1. This Writ Petition has been fled challenging the Order Dated 13.4.1989 and 17.4.1989 (Annexures 8 & 9) passed by the Disciplinary Authority dismissing the Petitioner from service and the Order Dated 14.3.1995 passed by the Appeal Committee by which the appeal filed by the Petitioner has been dismissed on 14.3.1995 in Appeal No. 11 of 1989 (Annex.-12), which was communicated to him by memo. No. 4383(3)/95 dated 3.6.1995 (Annex.-11).2. The facts and circumstances giving rise to this case are that the Petitioner while working as a Process Server in the Court of Additional Munsif-cum-Judicial Magistrate, First Class, Umerkote was placed under suspension vide Order Dated 11.2.1983 pending Departmental Proceeding No. 9 of 1983. A charge sheet dated 2.0.1.1983 (Annex. -1) was served upon the Petitioner on the allegation that the Petitioner instead of proceeding to a particular village as per the approved tour programme, accompanied by the Sheristadar and Senior Clerk of t...
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