Orissa Court October 2009 Judgments
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Shuvam Construction Pvt. Ltd. Vs. Smt. Babita Mohanty and anr.
Court: Orissa
Decided on: Oct-27-2009
Reported in: 2010(I)OLR97
ORDERS.C. Parija, J.1. The order of the Ad hoc Addl. District Judge, Fast Track Court No. II, Bhubaneswar, dated 03,03.2008, passed in C.S. No. 120 of 2003, rejecting the petitioner's application under Order 1 Rule 10(2) read with Section 151 C.P.C., is under challenge in the present writ application.2. The facts, giving rise to the present writ application is that the plaintiff-opposite party No. 1 filed C.S. No. 120 of 2003 in the court of the Civil Judge (Senior Division), Bhubaneswar, against the defendant-opposite party No. 2, for eviction, recovery of arrear rent and mesne profit. During the pendency of the civil suit, the plaintiff-opposite party No. 1 sold her right, title and interest in the suit property to the present petitioner by registered sale deeds dated 16.06.2004. After the sale of the suit property, as the plaintiff-opposite party No. 1 did not pursue the civil suit in the right earnest and as the present petitioner, being a Us pendens transferee had vital interest i...
Biranchi Kumar Parida Vs. State of Orissa
Court: Orissa
Decided on: Oct-23-2009
Reported in: 2009(II)OLR977
ORDERPradip Mohanty, J.1. Heard Mr. Swain, learned Counsel for the petitioner and Mr. Das, learned Additional Standing Counsel.2. In this criminal revision, petitioner challenges the order dated 26.5.2007 passed by the Assistant Sessions Judge, Anandapur in S.T. Case No. 40/252 of 2005 allowing an application under Section 319 Cr.P.C. filed by the prosecution.3. The brief fact of the case is that at the stage of argument in the aforesaid S.T. Case, prosecution filed a petition under Section 319 Cr.P.C. for inclusion of the present petitioner as an accused basing upon the evidence of P.Ws. 1 and 4. The trial Court after hearing the parties and considering the evidence of P.Ws. 1 and 4, allowed the petition, arraigned the present petitioner as an accused and issued summons to him to face trial under Sections 147/148/447/323/336/ 295/506/307/149 IPC.4. Mr. Swain, learned Counsel for the petitioner submits that the petitioner was not named in the FIR by the informant (P.W.1). During the co...
Pradipta Kumar Sahani Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-22-2009
Reported in: 109(2010)CLT155
Sanju Panda, J.1. The Petitioner has filed this Writ Petition being aggrieved by the Order Dated 11.01.1999 passed by the State Administrative Tribunal in O.A. No. 746 of 1995.2. The factual backdrops of the case, as narrated in this Writ Petition, are as follows:In pursuance of an advertisement published on 3.9.1993 to fill up 87 posts of Sub Inspector Police (General), the Petitioner applied for the said post being an Ex-Serviceman. Accordingly, the Petitioner as well as Opposite Party No. 5 appeared in the interview conducted by the Central Selection Board (in sort, 'CSB') & a select list was published consisting of 87 candidates including 3 candidates, namely, Biswanta Rout, Dibakar Sahoo & Puma Chandra Jena under Ex-Servicemen quota. Orders of appointment were issued to them. Biswanath Rout & Dibakar Sahoo joined in the said post but Puma Chandra Jena did not join. The Petitioner came to know that some irregularities were committed by the CSB in respect of selection of candidates ...
Zenith Mining Pvt. Ltd. Vs. Collector and ors.
Court: Orissa
Decided on: Oct-22-2009
Reported in: 109(2010)CLT173
Sanju Panda, J.1. In this Writ Petition challenge has been made to the Order Dated 17.7.2000 passed by the Government of Orissa, Department of Steel & Mines in rejecting the representation of the Petitioner dated 6.2.1999 regarding renewal of mining lease period from 10 years to 20 years as per the provisions of the Mines & Minerals (Regulation & Development) Act, 1957 (hereinafter referred to as 'the Act').2. The brief facts of the case are as follows:One Mrs. D.K. Baipandya was granted mining lease for a period of 30 years in respect of an area of Ac.438.97 at Bonai in the district of Sundargarh in the year 1943. While the said lease was continuing, on 14.10.1957 a circular was issued by the Government of Orissa in the Department of Mines & Fuel wherein it was categorically stated that the date of commencement of mining lease will be the date of commencement of execution of the formal instrument of lease & not the date of the Government order sanctioning the lease. After the expiry o...
Ranjan Acharya @ Ranjan Kumar Acharya Vs. Arjun Rout and anr.
Court: Orissa
Decided on: Oct-21-2009
Reported in: 109(2010)CLT158
M.M. Das, J.1. The Petitioner & the Opp. Party No. 1 were candidates for election to the office of the Member of Athagarh Panchayat Samiti from Kumarpur Samity Constituency in the district of Cuttack. The Petitioner polled the highest number of votes being 2107, whereas the Opp. Party No. 1 was in the second run having polled only 129 votes. The result of the election was declared on 24.2.2007 declaring the Petitioner as the duly elected Member of the Panchayat Samiti. The Opp. Party No. 1 filed Election Case No. 3 of 2007 under Section 44-B of the Panchayat Samiti Act before the Learned Civil Judge (Senior Division), Athagarh challenging the election of the Petitioner. The main ground taken in the election petition was that the Petitioner was disqualified from contesting the election, he having begotten three children, the last one having been born on 4.11.1995, i.e., after the cut-off date (21.4.1995). The Petitioner, however, took the stand that his third child was born on 26.6.1994...
Rabindra Bhoi Vs. Chief Executive Officer, Central Electricity Supply ...
Court: Orissa
Decided on: Oct-21-2009
Reported in: 109(2010)CLT163
M.M. Das, J.1. The Petitioner is aggrieved by the action of the Opp. Parties in constructing a 132 KV Electric Tower over his land. The land in question is situated in mouza - Kesura appertaining to Chaka No. 300, Plot No. 671 under khata No. 122 measuring Ac. 0. 510 decimals, which is stated to be near the vicinity of capital city of Bhubaneswar in the district of Khurda. The Petitioner has alleged that on 9.8.2009, he found that some people were digging holes in his land with the help of JCB Machine. On being protested, the labourers working there threatened the Petitioner that if he interferes with the work, they will lodge criminal case against him. Some of the staff members of the Opp. Parties explained to him that they are instructed to construct a tower for drawing 132 KV line from Mancheswar to Badgad. It has been further alleged that nothing was communicated to the Petitioner with regard to construction of such a tower over his land & if the same is allowed, it will cause imme...
Oriental Insurance Company Ltd. Vs. Dulal Mandal and ors.
Court: Orissa
Decided on: Oct-21-2009
Reported in: 109(2010)CLT168
B.K. Patel, J.1. This appeal is directed against the Judgment/award dated 29.05.1999 passed by the Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 658 of 1988 directing the Appellant Insurance Company to pay to the claimants i.e. respondent Nos. 1, 3, 4, 5 & 6 & deceased respondent No. 2 compensation amount of Rs. 1,44,000 within a month along with cost of Rs. 500 & interest at the rate of 9 per cent per annum from the date of filing of the claim application, i.e., 09.09.1988 till payment on account of death of deceased Sandip Mandal in a road accident. Claimants have filed cross-objection to the appeal.2. Claimants were deceased's parents, grand-mother & sisters. Claimants' case is that the accident resulting in fatal injuries to & death of the deceased occurred on 27.08.1988 at about 11.45 A.M. when he was going as a pillion rider of the offending scooter belonging to respondent No. 9 from Dayashram lane to Cantonment Road in Cuttack. Truck bearing registration numbe...
Gandharba Behera Vs. State of Orissa and ors.
Court: Orissa
Decided on: Oct-21-2009
Reported in: 109(2010)CLT213
B.K. Patel, J.1. In this writ application, filed under Articles 226 & 227 of the Constitution of India, the Petitioner seeks to quash public notice dated 30.06.2009 in Form-A, copy of which is at Annexure-4 to the writ application, issued by & recommendation dated 11.08.2009, copy of which is at Annexure-7 to the writ application, of Opposite Party No. 3 Collector, Cuttack in connection with grant of exclusive privilege of IMFL 'ON' shop to Opposite Party No. 5 at 'Tadka' restaurant situated over the plot No. 638/1147, under Khata No. 535/207, Khan Nagar, (Gouda Sahi), Ward No. 38 of Cuttack Municipal Corporation.2. On consent, the matter was taken up for final disposal.3. As it appears, the State Government in the Excise Department by their letter dated 05.10.2002, copy of which is at Annexure-1 to the writ application, issued guidelines for processing applications for grant of exclusive privilege for 'ON' shops. The guidelines were stated to have been issued in order to obviate defic...
Ram Kumar JaIn Vs. Ramakanta Goud and ors.
Court: Orissa
Decided on: Oct-20-2009
Reported in: AIR2010Ori37
Indrajit Mahanty, J.1. In the present writ application, the petitioner Sri Ram Kumar Jain has sought to challenge an order dated 29-7-2009 passed by the learned District Judge, Kalahandi-Nuapada at Bhawanipatna in Election Petition No. 13 of 2008, rejecting the petitioner's application for preliminary hearing on the point of jurisdiction.2. The case of the petitioner is that he was elected as Chaiperson to Kesinga NAC and the present election petitioner has sought to challenge the same by filing an election petition No. 13 of 2008 before the learned District Judge/Tribunal Kalahandi-Nuapada at Bhawanipatna. On receiving notice from the election Tribunal, the present petitioner filed a petition on 17-2-2009 praying for adjudicating the issue of maintainability as a preliminary issue on the plea that the election petition was not maintainable in law.3. Learned Counsel for the petitioner submitted that the election petition challenging the election of 'Chairperson' of a Municipal body by ...
B.S. Saxena Vs. Arunima Kumari and ors.
Court: Orissa
Decided on: Oct-16-2009
Reported in: 109(2010)CLT177
Sanju Panda, J.1. This civil revision is directed against the Order Dated 20th April, 2005 passed by the Learned Addl. District Judge (F.T.C No. III), Bhubaneswar in M.S. No. 3/198 of 2005/2004 rejecting the application filed by the Defendants under Order 7 Rule 11 (a) & (c) of the Civil Procedure Code read with Section 7(i) of the Orissa Court Fees Act for rejection of the plaint.2. The facts, as narrated in the application, are as follows: The present Opposite Parties as Plaintiffs filed C.S. No. 198 of 2004 in the Court of Learned Civil Judge (Senior Division), Bhubaneswar for realization of damages of Rs. 51,80,000 (rupees fifty one lakh eighty thousand) from the Defendants within a specified period & in default to pay the amount, interest & cost with pendente lite & future interest as per the bank's rate. In the plaint, they alleged that in pursuance of matrimonial column published on 6.10.2002 in the English daily 'The Times of India' inviting proposal for marriage of Plaintiff N...
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