Orissa Court December 2009 Judgments
The State of Orissa, Represented Through the Collector Vs. Ghanashyam ...
Court: Orissa
Decided on: Dec-11-2009
Reported in: 109(2010)CLT253
Pradip Mohanty, J.1. This First Appeal is directed against the Judgment & Order Dated 30.09.1989 passed by the Learned Subordinate Judge, Bolangir in Title Suit No. 101 of 1980.2. The facts of the case, as borne out from the records, are that one Kunjabehari Sahoo of Bolangir was the recorded tenant & owner of lands under holding No. 45 of 1936 Settlement of Bolangir town comprising plot Nos. 2570, 2574 & 1575 along with other plots. Being a dealer of fire works, he had his godown in plot No. 2574. On 03.08.1966, he sold away the aforesaid plots under holding No. 45 to the present Respondent for a consideration of Rs. 2000 by execution of registered sale deed. The delivery of possession was duly given to the present Respondent by him. The Respondent possessed the suit land on 03.08.1966 until it was encroached upon by the Appellant. The Respondent was in possession of the aforesaid land in his own right & title openly, peaceably & to the exclusion of all others & thereby perfected his ...
Tag this Judgment!Rourkela Shramik Sangha Union Vs. Steel Authority of India
Court: Orissa
Decided on: Dec-11-2009
Reported in: 2010(I)OLR325
B.P. Das, J.1. Rourkela Shramik Sangha Union through its General Secretary Shri M.D. Panicker has filed this writ petition seeking a direction to permanently restrain opposite party No. 2-the Steel Authority of India Ltd. (SAIL) and opposite party No. 3-the Rourkela Steel Plant (RSP) from proceeding with the setting up of the proposed Joint Venture Slag-based Cement Plant in terms of the advertisement issued by the SAIL in Annexure-3 as the same is opposed to public policy. The petitioner has also sought for a direction to the SAIL and RSP to take effective step for achieving full utilization of the fly ash generated by the RSP in terms of the notification dated 14.9.1999 issued by the Ministry of Environment and Forests, Govt. of India regarding management of fly ash vide Annexure-1.Annexures-3 is the advertisement issued by the SAIL and published in an English daily on 8.1.2007 inviting Expression of Interest from interested parties for Joint Venture Participation for setting up of a...
Tag this Judgment!Vik Associates and Chits Private Limited Vs. Ashok Automobiles Mechani ...
Court: Orissa
Decided on: Dec-11-2009
Reported in: 2010(I)OLR243
Sanju Panda, J.1. In this civil revision, challenge has been made to the order dated 24.11.1988 passed by the learned Subordinate Judge, Berhampur in E.P. No. 61 of 1988.2. The facts as narrated in the civil revision are as follows:The petitioner-decree holder filed Application No. 101/1982 under Section 446(2)(b) of the Companies Act, 1956 in Company Petition No. 27 of 1977 before the High Court of Karnatak at Bangalore. On 2.6.1982, the Hon'ble Company Judge held that the case for Official Liquidator was accepted and ordered ex parte that the respondent would pay the sum of Rs. 14,331.00 together with interest at the rate of 6% per annum on the principal sum of Rs. 9,990.00 from the date of application till the date of realization. Accordingly, the said application was decreed. Further, on 3.3.1978 the Hon'ble Company Judge in Company Petition No. 27 of 1977 ordered the petitioner-company to be wound up. After the aforesaid decrees were passed, those were forwarded to one Sri B. Deba...
Tag this Judgment!Niranjan Konhar and anr. Vs. State of Orissa
Court: Orissa
Decided on: Dec-10-2009
Reported in: 2010(I)OLR245
Pradip Mohanty, J.1. This appeal is directed against the judgment and order dated 29.09.1999 passed by the learned Sessions Judge, Kandhamal-Boudh at Phulbani in ST. No. 61 of 1998 convicting the appellants under Section 302 of the Indian Penal Code read with Section 34 of the Code and sentencing them to undergo imprisonment for life.2. The case of the prosecution is that on 22.03.1998 at about 3.00 PM both the appellants and one Birendra Konhar dealt slaps as well as fist and kick blows to the deceased Rajeswar Konhar at Manindi hills as a result of which the deceased became unconscious. It is further alleged that at about 5.00 PM again appellant No. 1 Niranjan Konhar with the help of appellant No. 2 Bibachha Konhar assaulted the deceased by means of a tangia (axe). Due to such assault the deceased sustained severe injuries on his neck and died at the spot. Thereafter, the accused persons removed the dead-body from the spot and kept it concealed near a SALAPA tree. On the next day, i....
Tag this Judgment!Bebirani Baral @ Sinha Vs. Sankhalata Sahoo and ors.
Court: Orissa
Decided on: Dec-09-2009
Reported in: 2010(I)OLR173
R.N. Biswal, J.1. In this writ petition, the petitioner challenges the legality and propriety of the judgment dated 5.3.2009 passed by learned District Judge, Cuttack in Election Appeal No. 10 of 2007 reversing the judgment in part passed by learned Civil Judge (Jr. Division) Jajpur in Election Petition No. 5 of 2007.2. The opp. party was the election petitioner and the petitioner was the opp. party No. 1 in the election petition No. 5 of 2007 of the court of learned Civil Judge (Jr. Division), Jajpur. As per the case of election petitioner, he himself and four others contested the election to the office of Sarpanch of Anyasipur Gram Panchayat, reserved for O.B.C/ S.E.B.C. ladies. The election was held on 17.2.2007, wherein the opp. party No. 1 was declared elected. The election petition secured the 2nd highest votes in the fray. She filed the election petitioner under Section 31 of the Orissa Gram Panchayat Act, 1964 (hereinafter referred to as 'G.P. Act') on the ground that name of o...
Tag this Judgment!Land Acquisition Officer Vs. Gajendra Padhi
Court: Orissa
Decided on: Dec-09-2009
Reported in: 109(2010)CLT256
Pradip Mohanty, J.1. This First Appeal is directed against the Judgment & Order Dated 08.09.1989 passed by the Learned Subordinate Judge, Balasore in Land Acquisition Misc. Case No. 242 of 1988 awarding compensation at the rate of Rs. 1,10,000 per acre.2. The facts of the case, as borne out from the records, are that the land measuring 91 decimals appertaining to plot No. 323 (Ac.0.45 decimals), plot No. 324 (Ac.0.38 decimals) & plot No. 368 (Ac.0.08 decimals) under khata No. 274 of village Karanjia belonging to the Respondent was acquired for establishment of Interim Test Range vide notification published in the Orissa Gazette on 24.10.1983 under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act'). The Land Acquisition Collector taking into consideration the sale statistics determined the market value of the land at the rate of Rs. 80,000 per acre. The Respondent received the compensation on protest & filed objection claiming higher compensation on the grou...
Tag this Judgment!Tikan Bindhani Vs. State of Orissa
Court: Orissa
Decided on: Dec-07-2009
Reported in: 2010(I)OLR190
S.K. Mishra, J.1. Learned Addl. Standing Counsel receives notice on behalf of the State.Heard.Keeping in view the limited nature of the question involved, this Criminal Revision is disposed of at the stage of admission.A short question arises in this Revision. Should the Sessions Judge dismiss a criminal appeal for default or for non-prosecution?2. Petitioner was convicted for the offence under Section 47(a) of Bihar and Orissa Excise Act, 1915 and was sentenced to undergo simple imprisonment for two years and to pay fine of Rs. 5,000/-, in default, to undergo further simple imprisonment for six months in G.R. Case No. 118 of 2001 of the court of J.M.F.C, Baripada. Against such judgment of conviction, the appellant preferred an appeal before the learned Sessions Judge, Mayurbhanj at baripada. The Appeal was transferred to the Court of Addl. Sessions Judge, Baripada and numbered as Criminal Appeal No. 7/65 of 2008-07. The case was called for hearing on 16.09.2009, but the appellant was ...
Tag this Judgment!Orissa Rural Housing and Development Corporation Ltd. (Orhdc) Vs. Sri ...
Court: Orissa
Decided on: Dec-04-2009
Reported in: 2010(I)OLR177
S.K. Mishra, J.1. On consent of learned Counsel for both the parties, the criminal revisions are taken up for disposal at the stage of admission.2. In these Criminal Revisions, petitioners assail the orders passed by the learned S.D.J.M., Bhubaneswar on 25.08.2006 in I.C.C. No. 901 of 2006 and in I.C.C. No. 902 of 2006, whereby he rejected the petition filed by the complainant to condone the delay in filing the complain case under Section 5 of the Limitation Act, hereinafter referred to as 'the Limitation Act', read with Section 142(b) of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').3. Brief fact of the case of the complainant-petitioner is that Orissa Rural Housing and Development Corporation Ltd. had advanced the house-building loan to the accused-opposite party. There was an outstanding dues against the accused, for which he issued two account payee cheques of Rs. 9,40,000/- each, on 28.10.2005 in favour of the complainant-Company drawn on Bank of Baro...
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