Orissa Court May 2009 Judgments
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Chandradhoja Sahoo Vs. Member, Board of Revenue and ors.
Court: Orissa
Decided on: May-13-2009
Reported in: 2009(II)OLR8
B.P. Ray, J.1. In this writ application under Articles 226 and 227 of the Constitution of India, the petitioner seeks to assail the proceedings initiated by the Board of Revenue to recall its own order. The Board of Revenue by order 7.1.2005 passed in Misc. Case No. 10 of 2004 had directed the Tahasildar, Bhubaneswar to correct the R.O.R. as per the order passed in W.L. Case No. 71 of 1979 within 15 days from the date of receipt of the order. This order is sought to be recalled by the State of Orissa through its Special Secretary, G.A. Department by filing an application before the Member, Board of Revenue which has been registered as Misc. Case. No. 8 of 2007. Learned Member by order dated 10.9.2007 has stayed the operation of the order dated 7.1.2005 passed in Misc. Case No. 10 of 2004. The petitioner seeks to assail quashing of the entire proceedings initiated in Misc. Case No. 8 of 2007 in the file of the Member, Board of Revenue.2. Bereft of unnecessary details, the case of the pe...
Biswajit Jena Vs. Member, Board of Revenue and ors.
Court: Orissa
Decided on: May-13-2009
Reported in: 108(2009)CLT296
B.P. Ray, J.1. In this writ application under Articles 226 & 227 of the Constitution of India, the Petitioner seeks to assail the proceedings initiated by the Board of Revenue to recall its own order. The Board of Revenue by order 7.1.2005 passed in Misc. Case No. 12 of 2004 had directed the Tahasildar, Bhubaneswar to correct the R.O.R. as per the order passed in W.L. Case No. 75 of 1979 within 15 days from the date of receipt of the order. This order is sought to be recalled by the State of Orissa through its Special Secretary, G.A. Department by filing an application before the Member, Board of Revenue which has been registered as Misc. Case No. 7 of 2007. Learned Member by Order Dated 10.9.2007 has stayed the operation of the Order Dated 7.1.2005 passed in Misc. Case No. 12 of 2004. The Petitioner seeks to assail quashing of the entire proceedings initiated in Misc. Case No. 7 of 2007 in the fife of the Member, Board of Revenue.2. Bereft of unnecessary details, the case of the Petit...
Smt. Geetarani Panda Vs. Manmath Patra and ors.
Court: Orissa
Decided on: May-13-2009
Reported in: 108(2009)CLT355
A.S. Naidu, J.1. Opposite Parties 1 to 9, as Plaintiffs, filed Title Suit No. 407 of 2004-1 in the Court of Learned Civil Judge (Senior Division), Balasore, inter alia, praying for declaration of their right, title & interest over the suit schedule lands & for permanent injunction as well as for mandatory injunction for removing the boundary wall constructed by the Petitioner, who is the Defendant in the suit. The Plaintiffs also filed a petition under Order 39, Rules 1 & 2 of the Code of Civil Procedure (hereinafter called as 'the Code') praying to issue ad interim injunction & also a petition under Order 39, Rule 7 of the Code with a prayer to depute a Survey Knowing Commissioner. The Court below allowed the petition & deputed a Commissioner to cause local enquiry. The said order was assailed before this Court in W.P.(C) No. 3813 of 2005 by Defendant, mainly on the ground that the appointment of Survey Knowing Commissioner before the Defendant entered appearance in the suit was not j...
Sri Bhagaban Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-12-2009
Reported in: 108(2009)CLT481
M.M. Das, J.1. The Petitioner was working as a Senior Branch Manager in-charge of Mancheswar Central Depot of the Orissa State Handloom Weavers' Co-operative Society Ltd. (hereinafter referred to as 'the Society'), which is a Society registered under the Orissa Co-operative Societies Act, 1962 (hereinafter referred to as 'the Act').2. The case of the Petitioner is that the Society introduced a Voluntary Retirement Scheme (for short, 'VRS') for its employees/The Petitioner applied for the same in the prescribed format on 21.4.2001 & along with his application, he submitted a representation to the Opp. Party No. 4 - Managing Director requesting him for early reconciliation of the stock assigned to him. By the letter dated 13.6.2001 under Annexure-2, the Petitioner was intimated that his application under the VRS has been accepted with effect from 30.6.2001 & he was requested to reconcile all his accounts at the Head Office within a weeks time. The concerned officials were also directed t...
Jayendra Vishnu Thakur Vs. State of Maharashtra and anr.
Court: Orissa
Decided on: May-11-2009
Reported in: 2009(II)OLR161
S.B. Sinha, J.1. Leave granted.2. Interpretation of the provisions of Section 299 of the Code of Criminal Procedure, 1973 (for short 'the Code'), Section 33 of the Indian Evidence Act, 1871 as also Section 14(5) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'the TADA') is involved in this appeal which arises out of a common order dated 6th March, 2007 passed by the Designated Court (TADA), Pune, in Application Exh. 1118 and 1227 in TSC No. 2/1996, 1/1997 and 2/1997.3. The said question arises in the following fact situation.One Suresh Narsinh Dube was shot dead at Nallasopara Railway Station in the suburbs of Mumbai on 9th October, 1989. The impleaded respondent herein, the brother of the deceased, filed a complaint petition with regard to the incident. Appellant absconded.A proclamation under Section 82 of the Code was thereafter issued on 9th February, 1993 declaring the appellant as a proclaimed offender. Subsequently, the said proclamation was also pu...
Sudhir Kumar Naik Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-08-2009
Reported in: 108(2009)CLT429
1. Heard further argument & the Judgment is as follows.2. Petitioner has filed this Writ Petition with the prayer to quash the order, Annexure-1, passed on 05.07.2006 by the Opposite Parties 1 & 2 determining the lease with respect to plot No. K-1, area Ac.0.124 decimals measuring 60' x 90' at Unit-Ill, Kharavela Nagar in the new capital Bhubaneswar, District - Khurda, drawing No. B/1032 corresponding to lease Plot No. 524 (PT) under Khata No. 441 (G.A. Department) under the jurisdiction of District Sub-Registrar, Bhubaneswar (hereinafter referred to as disputed plot).3. There is no dispute to the factual aspect that on 18.03.2000 by virtue of a lease deed the aforesaid plot was leased out by the Opposite Party No. 1 in favour of the Petitioner for construction of budgeted hotel & the lease was made operative for ninety years. The premium amount was fixed at Rs. 6,19,835 (six lakhs nineteen thousand eight hundred thirty five) & was permitted to be paid in eight half yearly installments...
Sasmita Pattanaik and ors. Vs. Sunanda Pattanaik and ors.
Court: Orissa
Decided on: May-07-2009
Reported in: 2009(II)OLR361
S. Panda, J.1. This is an application under Article 227 of the Constitution of India challenging the order dated 22.12.2007 passed by the learned Civil Judge (Senior Division), 1st Court, Cuttack in CMA No. 514 of 2007 arising out of Execution Case No. 4 of 2007 rejecting the petitioners application on the ground that the petitioners had no locus stand to file petition under Section 151 of CPC as they were not parties to the execution proceeding nor was any decree going to be executed against them.2. The brief facts of the case are as follows:Opposite party No. 1-Sunanda Pattanaik along with one Sidhartha Pattanaik are the recorded landholders of Plot No.1202 measuring an area Ac.0.108 dec. under Khata No.1109 of Mouza Cuttack Town Unit No.22, P.S. Mangalabag. In the year 1994, Sidhartha Pattanaik tried to evict petitioner No.1 from the suit plot and failed. Thereafter, opposite party No.1 filed Civil Suit No.412 of 2003 against Sidhartha Pattanaik claiming that the entire suit land be...
Tribhuban Das Vs. Orissa State Financial Corporation and ors.
Court: Orissa
Decided on: May-06-2009
Reported in: 108(2009)CLT71; 2009(I)OLR1016
1. Heard learned Counsel for the petitioner and for the Corporation. By order dated 16.4.2009, notice had been issued by this Court for personal appearance of the Branch Manager of the concerned Branch of the Orissa State Financial Corporation (OSFC), to explain about various questions raised by this Court vide its said order. Shri Basant Kumar Sahu, Branch Manager, OSFC, Sambalpur and in-charge of OSFC, Bargarh Branch present in the Court today.2. Upon hearing learned Counsel lor the opposite parties as well as the Branch Manager concerned, we are constrained to observe herein that the affairs of the OSFC need to be looked into and investigated since glaring instances of injustice especially to small borrowers also tantamount to criminal act have been brought to the notice of the Court in various proceedings. In the present case, although a sum of Rs. 77,000/- had been sanctioned in favour of the loanee on 18.4.1978, but only a sum of Rs. 3,750/- was released in favour of the loanee o...
BipIn Nayak and ors., Sanjaya Rout and anr. and Prakash Pradhan Vs. St ...
Court: Orissa
Decided on: May-06-2009
Reported in: 2009(II)OLR338
L. Mohapatra, J.1. The above three appeals are directed against the judgment and order of the learned Ad hoc Additional Sessions Judge, Athagarh in ST. Case No.287 of 2004. All the appellants stood trial for commission of offence under Section 302/34 of the Indian Penal Code (in short 'I.P.C.') on the charge that they in furtherance of their common intention committed murder of one Golakha Pradhan. All the appellants also faced trial for committing offence under Section 323/34 I.P.C. on the allegation of causing voluntary hurt to Subasini Pradhan, P.W.6, Akhaya Pradhan, P.W.9 and Ajaya Pradhan, P.W.10. The trial Court in the impugned judgment found all the appellants guilty of charges under Section 302/323/34 of the I.P.C. and sentenced each one of them to suffer imprisonment for life for offence committed under Section 302 of the I.P.C. and further to suffer imprisonment for six months for their conviction under Section 323 of the I.P.C. Hence these appeals filed by the six appellants...
Somanath Mohapatra and anr. Vs. State of Orissa and 3 ors.
Court: Orissa
Decided on: May-06-2009
Reported in: 2009(II)OLR89
B.N. Mahapatra, J.1. This writ petition has been filed for quashing the notices dated 10.03.2003 issued under Annexure-10 (wrongly referred to as Annexure-9 in the writ petition) and 16.03.2003 (Annex,-12) by which the petitioners have been directed by the opposite parties-authorities under the provisions of Orissa Agricultural Produce Markets Act, 1956 (hereinafter called 'the Act, 1956') not to run the Somanath Hat as it was in contravention of the provisions of Section 4(3) of the Act, 1956 and to pay the dues of market fees to the tune of Rs. 13,46,978/for the years 1994 to 2003.2. The factual matrix giving rise to the present writ application is that petitioners claim that they along with others are the owners of an ancient Hat called 'Somanath Hat' established in the year 1903 in village Chatra within Jagatsinghpur Municipal area. It mostly runs by the retailers who use to sell stationary articles, clothing, ornaments, iron goods, fertilizers, etc. The said Hat is held twice in a...
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