Orissa Court November 2009 Judgments
Smt. Sansari Samal Vs. Block Development Officer-cum-election Officer ...
Court: Orissa
Decided on: Nov-30-2009
Reported in: 109(2010)CLT65
ORDER1. Heard Learned Counsel for the parties.2. By means of this writ appeal, the Appellant has prayed for setting aside the Order Dated 10.11.2009 passed by the Learned Single judge in W.P.(C) No. 7755 of 2009. By the aforesaid order the Learned Single Judge while setting aside that part of the Order Dated 30.4.2009 by which the Learned District Judge ordered for fresh election, confirmed the order of the Trial Court & declared Opposite Party No. 2 to have been elected as Sarpanch of Nagiaposi Gram Panchayat.3. The aforesaid order was passed by the Learned Single Judge exercising jurisdiction conferred under Article 227 of the Constitution as the Writ Petition was filed challenging the order of the Learned District Judge passed in F.A.O. No. 6 of 2008 which was an appeal filed against the Judgment & order of the Election Tribunal. The jurisdiction conferred under Article 227 of the Constitution is supervisory in nature. The Learned Single Judge in exercise of supervisory jurisdiction...
Tag this Judgment!Bhagabat Sahoo and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-30-2009
Reported in: 2010(I)OLR137
S.K. Mishra, J.1. Heard learned Counsel for the petitioners as well as learned Addl. Government Advocate for the opposite parties. Keeping in view the limited nature of the question involved, the matter is disposed of at the stage of admission.2. The petitioners assail the order dated 25.06.2008 passed by the learned J.M.F.C., Bhadrak in 1 C.C. No. 66 of 2006 rejecting the petition dated 29.2.2008 of the petitioners for confronting the statement of P.Ws.1,4,5,6 and 7 recorded under Section 161 Cr.P.C. in G.R. Case No. 1699 of 2005, as contradiction.3. The actual background of the present case is that on 23.11.2005 the complainant lodged an FIR at Bhandaripokhari Police Station regarding the occurrence. On 30.12.2005 the police submitted a final report stating that the case is one mistake of fact. On 23.2.2006 the complainant filed the complain case before the learned S.D.J.M., Bhadrak which is registered as I.C.C. Case No. 66 of 2006.4. The learned S.D.J.M., Bhadrak, after due enquiry ...
Tag this Judgment!Anupram Satnami Vs. State of Orissa
Court: Orissa
Decided on: Nov-30-2009
Reported in: 2010(I)OLR277
L.K. Mishra, J.1. This appeal is directed against the judgment of conviction and order of sentence passed on 15.1.2005 by Shri B.C. Tripathy, Additional District & Sessions Judge, Nuapada in SESS. Case No. 131/22 of 2003 (arising out of G.R. Case No. 138 of 2003 of the court of learned S.D.J.M., Nuapada) by which he convicted the appellant (hereinafter called 'the accused') under Sections 450 and 307 of the I.P.C. and sentenced him to undergo R.I. for a period of two years and to pay fine of Rs. 2,000/- (rupees two thousand), in default of payment of fine to undergo R.I. for six months Under Section 450 I.P.C. and further to undergo R.I. for a period of five years and to pay fine of Rs. 3,000/- (rupees three thousand) in default of payment of fine to undergo R.I. for one year Under Section 307 I.P.C. Substantive sentences were directed to run concurrently.2. The short facts are that Bhuri Bai Satnami (P.W.7) the wife of the accused had come to the house of her mother Bisahin Satnami (P...
Tag this Judgment!E. Suryanarayana Patro Vs. President, Tribal Development Co-operative ...
Court: Orissa
Decided on: Nov-25-2009
Reported in: 109(2010)CLT66
B.N. Mahapatra, J.1. This Writ Petition has been filed with a prayer to quash the order of compulsory retirement of the Petitioner dated 18.05.1999 (Annexure-3) & the Appellate Order Dated 10.11.2000 (Annexure 4) confirming it, which were passed by the Disciplinary Authority & the Appellate Authority respectively, & direct the Opposite Parties to grant him all service benefits.2. The facts & circumstances giving rise to the present Writ Petition are that the Petitioner while working as In-charge Branch Manager in Tribal Development Co-operative Corporation of Orissa Ltd. (in short 'the Corporation'), Parlakhemundi, two Departmental Proceedings, one being 59 dated 02.01.1990 & other being 1815 dated 22.b3.1995 were initiated against him. The charge in the first D.P. was that the Petitioner along with Ex-Shop Assistant, Shri R.C. Satapathy illegally transported 'Mahua' seeds to outside the State for pecuniary gain, which was detrimental to the interest of the Corporation. The allegation ...
Tag this Judgment!Madhusudan Sahu Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-24-2009
Reported in: 2010(I)OLR22
R.N. Biswal, J.1. The case of the writ petitioner is that pursuant to the advertisement under Annexure-3 dated 28.9.2006 in the daily English Newspaper, he offered his candidature for the post of Multi purpose Assistance (Gram Rojgar Sevak) in respect of Solabandh Gram Panchayat under Patnagarh Block. As per the advertisement, the minimum qualification for the said post was 10+2 passed. It was further stated therein that the applicants of Commerce stream and applicants with computer proficiency of 'O' level with use of Oriya language in computer would be preferred. The petitioner has passed +2 Arts in C.H.S.E. Examination in the year 2002 having secured 46.89 marks. He completed 12 months' course in Diploma in Computer Application. But instead of selecting him one Bidyadhar Majhi, who was ineligible for the post, was selected.2. Being aggrieved with the said selection, petitioner made a representation to the Project Director D.R.D.A., Bolangir (Opposite party No. 3), but it was not att...
Tag this Judgment!Governing Body of Evening College Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: Nov-24-2009
Reported in: 2010(I)OLR335
ORDERM.M. Das, J.1. Heard Mr. Routray, learned Counsel for the petitioner and Mr. Jena, learned Counsel for the opp.parties 2 and 3.2. The petitioner is the Principal of Angul Evening College, Angul. 49 regular students of the petitioner's college appeared at the +2 Annual Higher Secondary Examination, 2007.3. It is the case of the petitioner that there were no allegations whatsoeveras against any student, when they appeared in the said examination, from any body in the examination centre. Rather, the examination was conducted strictly in accordance with the rules prescribed by the Council. Though the result of the said examination was published on 8.6.2007, but the name of the petitioner's college did not find place and the result of the students of the said college was not declared. Finding thus, they moved before the Council to know the reason for not declaring the result.4. After about a month, a notification was issued on 4.7.2007 notifying that the examination in respect of Econo...
Tag this Judgment!Sri Aruna Kumar @ Aruna Pradhan Vs. Radhika Pradhan and anr.
Court: Orissa
Decided on: Nov-20-2009
Reported in: 2010(I)OLR37
Indrajit Mahanty, J.1. The present revision has been filed by the petitioner seeking to challenge an order dated 26.3.2007, passed by the learned S.D.J.M., Athamallik in Crl. Misc. Case No. 64/2003, in a proceeding under Section 125 Cr.P.C. directing payment of maintenance of Rs. 500/- each to the opposite parties, namely, Radhika Pradhan and Nirupama Pradhan (wife and daughter of the petitioner respectively).2. On a perusal of the pleadings taken in the petition, it appears that the essence of the contention of the petitioner was that the petitioner had raised suspicion over the character of Opposite Party No. 1 and stated that Opposite Party No. 1 had became pregnant through other sources. He further asserted that the petitioner had no sexual relationship with the Opposite Party No. 1 from 15.2.2002 while the Opposite Party No. 1 gave birth to a daughter, namely, Nirupama Pradhan (O.P. No. 2) on 19.4.2003, i.e. after a period of 14 months from the date of departure of petitioner, whi...
Tag this Judgment!Biju @ Biraja Prasad Parida and Two ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-19-2009
Reported in: 2010(I)OLR225
ORDERI. Mohanty, J.1. Heard learned Counsel for the petitioners, Mr. A.K. Jena, learned Counsel for Opp. Party No. 2 and the learned State counsel for the State.2. A prayer has been made in this application under Section 482 Cr.P.C. to quash the criminal proceeding initiated under Bari-Ramachandrapur P.S. Case No. 35 of 2008, corresponding to G.R. Case No. 422 of 2008, pending in the court of the learned S.D.J.M. Jajpur.3. From the pleadings in the case, it appears that an F.I.R. was lodged on 8.7.2008 under Sections 452, 294, 354, 323, 506/34 I.P.C. and after completion of investigation, charge sheet was filed under sections 452, 294, 354, 323, 379, 506/34 I.P.C.4. Learned Counsel for the petitioners states that all the offences apart from the offence under Section 294 I.P.C. are compoundable in nature and the informant who has entered appearance through Mr. Jena has filed an affidavit indicating that the matter has been amicably settled between themselves and although the written rep...
Tag this Judgment!Surendra Rout and ors. Vs. Executive Magistrate
Court: Orissa
Decided on: Nov-18-2009
Reported in: 2010(I)OLR19
S.K. Mishra, J.1. In this revision the petitioners assailed the order dated 20.8.2009 passed by the learned Executive Magistrate, Cuttack in a proceeding under Section 144, Cr.P.C. bearing Crl. Misc. Case No. 2 of 2009, holding the second party to be the rightful owner of the case land and restraining the first party members from entering into the schedule land.2. The facts of the case can be succinctly described as follows:The schedule land has been recorded in the name of 'deity Banabihari Thakur' Bije Nija Gaan. The petitioners claim that they are ancestors have established the deity and worship it over the case land which has been recorded in favour of the deity in the care of Harapriya Jema Dei, mouza Saleibedipur. After the death of said Harapriya Jema Dei, the villagers as well as the petitioners have been managing the rituals of the said deity as per the Hindu rites and customs. The petitioners further claim that they have been cultivating the lands of the deity and managing th...
Tag this Judgment!Fakira Rana Vs. State of Orissa
Court: Orissa
Decided on: Nov-17-2009
Reported in: 2010(I)OLR75
Pradip Mohanty, J.1 This appeal is directed against the judgment and order dated 4.9.1999 passed by the Sessions Judge, Sundargarh in S.T. No. 3 of 1997 convicting the appellant under Section 302 I.P.C. and sentencing him to undergo imprisonment for life.2. Appellant is deceased's husband. They were residing together along with appellant's mother P.W.3, appellant's brothers P.Ws.2 and 4, P.W.2's wife P.W.5 and other family members. It is also not disputed that the deceased's maternal uncle, informant P.W.1, who had been posted as the Headmaster of the school in the occurrence village, was also residing with them since about one year prior to the date of occurrence.3. The occurrence took place at about 10.30 P.M. on 15.9.1996. Prosecution case is that the appellant and his two brothers were sleeping in the inner courtyard of the house whereas P.W.1 and Ors. were sleeping in different rooms. P.W.1 got up from his sleep on alarm being raised by P.W.3 shouting 'Maridela Go Maridela Go'. He...
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