Orissa Court July 2009 Judgments
Footpath Khyudra Byabasai Sangha Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-31-2009
Reported in: 108(2009)CLT241
B.N. Mahapatra, J.1. This Writ Petition has been filed by the Petitioner, a registered society, seeking for a direction to Opposite Party Nos. 1, 2, 3, 4 & 6 for rehabilitation of the members of the Petitioner-society by declaring plot Nos. 288, 238 & 340 corresponding to Khata No. 357 of Mouza: Bapuji Nagar, Bhubaneswar as vending zone or for allotting any other plot as vending zone in the larger interest of the members of the Petitioner society.2. The facts and circumstances giving rise to the present Writ Petition are that the Petitioner is a registered society formed by the small shopkeepers/traders who were carrying on business on the vacant land situated between the government quarters and the footpath at Bhubaneswar from Rajmahal Square to Unit-I market area. They were earning their livelihood by putting up small shops at the right side vacant land since 1970. Bhubaneswar Municipality which was there prior to formation of Bhubaneswar Municipal Corporation used to collect fees fr...
Tag this Judgment!State of Orissa and anr. Vs. Fakir Ch. Sethy and ors.
Court: Orissa
Decided on: Jul-30-2009
Reported in: 108(2009)CLT519
S.R. Singharavelu, J.1. We have jointly heard FA No. 10 of 2001 & three other Writ Petitions i.e. W.P. 7437 of 2008, W.P. 7962 of 2008 & 8874 of 2008. The details of the suit against the decree of which FA had arisen is given below. The Plaintiffs in that suit are the sons of the person called Nidhi Sethi. In order to protect the decree, they have filed W.P. 7962 of 2008 ft W.P. 8874 of 2008. Their prayer in those Writ Petitions are that as they are entitled to the suit land, the allotment of the same or part of it by the State Govt. in favour of the Petitioner in W.P. 7437 of 2008 is illegal that it is to be cancelled; that the attempt made thereon to make construction is to be prevented & the allotment itself is to be quashed. On the contrary, the Petitioner in W.P. 7434 of 2008 prayed that the land never belonged to the Petitioners in the other Writ Petitions who are plaintiffs in the suit, that the settlement records in their favour shall be quashed as illegal & direction shall be ...
Tag this Judgment!State of Orissa and ors. Vs. Siba Prasad Swain
Court: Orissa
Decided on: Jul-29-2009
Reported in: 108(2009)CLT247
B.N. Mahapatra, J.1. Challenge, in this Writ Petition, is made to the Order Dated 03.01.2006 passed in O.A. No. 1135 of 1996 under Annexure-1 by Orissa Administrative Tribunal, Bhubaneswar Bench, Bhubaneswar (hereinafter referred to as 'the Tribunal') by which the termination of service of the Opposite Party has been struck down being not in accordance with the rules.2. The factual background in a nut shell is that the Opposite Party Sri Siba Prasad Swain was appointed as Junior Clerk on ad hoc basis for 89 days under Office Order Dated 10.09.1991 (Annexure-2) issued by the Chief Engineer, Designs, Irrigation, Orissa, Bhubaneswar (Petitioner No. 2). Sri Swain joined the said post on 25.09.1991. While working as such on ad hoc basis, the Opposite Party made a representation to Petitioner No. 2 for his appointment as Assistant Embankment Inspector. As there was vacancy in the said post, the Opposite Party was given appointment as Assistant Embankment Inspector under Order Dated 25.10.199...
Tag this Judgment!Sri Debasis Panigrahi and Sri Satyajit Monanty Vs. State of Orissa and ...
Court: Orissa
Decided on: Jul-29-2009
Reported in: 2009(II)OLR504
S.C. Parija, J.1. These two applications have been filed under Section 482 Cr.P.C., assailing the order of S.D.J.M. (S), Cuttack, dated 28.2.2007, passed in ICC No. 671 of 2005, taking cognizance against the petitioners for commission of offences under Section 323 read with Section 107/108 I.P.C. and Section 29 of the Police Act.2. The factual background of the case is that the husband of the complainant (Debakalyan Mohanty), who was working as Senior Mining Engineer, Gevra. Colliery under South Eastern Coal Fields Ltd. (a subsidiary of Coal India Ltd), in the State of Madhya Pradesh (now Chattishgarh), died on 30.12.1995 under suspicious circumstances. The local police after investigation, did not find anything suspicious and it appeared to be a case of suicide. Accordingly, they filed final report treating it to be a case of suicide and the final report was accepted by the Executive Magistrate, Kathaghora, Korba.3. The complainant not being satisfied with the investigation conducted ...
Tag this Judgment!Pradip Kumar Bai and ors. Vs. District Judge and ors.
Court: Orissa
Decided on: Jul-29-2009
Reported in: 2009(II)OLR544
I.M. Quddusi, A.C.J.1. In these writ petitions a common question with regard to the period of validity of the select list under Rule-6 of the Orissa District and Subordinate Court's Ministerial Services (Method of Recruitment and Conditions of Service) Rules, 1969 is involved.2. The petitioners' claim that they were empanelled in the select list of Junior Clerk of the year 1993 pursuant to the recruitment made vide advertisement issued in the year 1992. The petitioners have sought the direction that the select list was to remain operative till its exhaustion and, therefore, the District Judge concerned be directed to give effect to the remaining persons empanelled in the select list.3. We think it appropriate to mention here that a Division Bench of this Court in the case of Dasarathi Behera and Ors. v. District Judge, Ganjam and Ors. 84 (1997) C.L.T. 838 had the occasion to interpret Rule 6(5) of the Orissa District and Subordinate Courts Ministerial Services (Method of Recruitment an...
Tag this Judgment!Hrusikesh Jagat Vs. State of Orissa
Court: Orissa
Decided on: Jul-29-2009
Reported in: 108(2009)CLT697
S.C. Parija, J.1. This appeal by the accused-Appellant is directed against the Judgment slated 13.08.2004, passed by the Additional Dist. & Sessions Judge, Nuapada, in S.C. Case No. 61/6 of 2003, holding him guilty for the offence under Section 302 IPC & convicting him thereunder.'2. The case of the prosecution, in brief is that on 11.07.2002, father of the deceased (P.W.15) returned from his paddy field at about 3 P.M. & after taking his lunch took rest. The deceased, who was aged about years, returned from her school & took her lunch with her mother (P.W. 10) & accompanied her to the tube well of their village for cleaning the utensils. At that time, the sister-in-law of the informant Kusum Jagat (P.W.2) raised hulla that the accused after committing murder of the deceased near 'Doli' was running away by holding a 'kati' (M.O.VII) towards Kumbharpada. P.W. 15 went to the land of Paban Jagat & found the deceased was lying at the spot with cut injuries on her head, neck & shoulder & th...
Tag this Judgment!Sri Ranjan Kumar Mishra Vs. Headmaster, M.P.C. High School and anr.
Court: Orissa
Decided on: Jul-29-2009
Reported in: 2009(II)OLR782
ORDERM.M. Das, J.1. Heard Mr. S.P. Mishra, learned senior counsel for the petitioner and the learned Counsel appearing for the opp. parties.2. The petitioner has called in question the order dated 4.11.2008 passed by the learned S.D.M., Baripada in C.M.C. No. 713 of 2008 restraining both the parties from entering into the disputed land till finalization of the proceeding under Section 145 Cr.P.C. It appears that a petition under Section 145 Cr.P.C. for initiation of the proceeding was filed by the opp. party as first party member against the petitioner as second party member. The learned S.D.M., Baripada on considering the said application directed the Tahasildar, Betnoti to enquire and submit a report on the subject of dispute within three days. The O.I.C., Betnoti P.S. was also directed to enquire and submit a report whether there is existence of breach of peace as regards the land in dispute between the parties. On submission of such report, the learned S.D.M., Baripada after record...
Tag this Judgment!Gopinath Mohanti Vs. Manoj Kumar Sahu
Court: Orissa
Decided on: Jul-28-2009
Reported in: 2009(II)OLR700
B.K. Patel, J.1. In this application under Section 407 of the Cr.P.C. accused-petitioner has prayed for transfer of C.T. Case No. 1661 of 2004, a complaint under Section 138 of Negotiable Instruments Act (for short 'the Act'), lodged by complainant-opposite party in the court of learned S.D.J.M., Angul to any other court situated at Bhubaneswar. On consent of the parties, the matter was taken up for final disposal at the stage of admission.2. Averments made in the complaint petition, as are essential and relevant for purpose of this application, are as follows:Accused-petitioner being the Managing Partner is responsible for managing his firm 'Classic Super Construction'. Complainant took sub-contract of the work of 'Excavation of Padiabhanga Canal, Lingarakata Canal, Balipatpur Canal with Minor and Sub-Minors including all structure of Rengali Sub-Project under R.I.P. under AIBP' which had been awarded in favour of the accused and submitted bills for payment after execution of the work...
Tag this Judgment!Sahaji Ch. Rout Vs. Chairman, Ppt and ors.
Court: Orissa
Decided on: Jul-27-2009
Reported in: 2009(II)OLR585
ORDER1. Heard learned Counsel for the parties2. The petitioner has challenged the order dated 27.12.2007 passed by opposite party No. 4 forfeiting the EMD of the petitioner, blacklisting him and discharging the tender and putting the work to re-tender.3. The main grievance of the petitioner is that by the impugned order dated 27.12.2007 the petitioner was blacklisted without giving him an opportunity of hearing to show cause. The petitioner is an enlisted 'C' class contractor for a period of three years which commenced from 15th May, 2006. Paradip Port Trust published a Tender Call Notice on 16.4.2007 for the work 'Maintenance and Development of various gardens, lawn, parks, etc. in and around Paradip Port and Paradip Port Trust Guest House Garden at Bhubaneswar for the year 2007-08 (Zone-Ill)'. In pursuance of the said Tender Call Notice, the petitioner and others applied for the same. The petitioner deposited EMD of Rs. 5200/- and submitted his form. The tenders were opened on 14.5.2...
Tag this Judgment!Orissa State Road Transport Corporation and anr. Vs. Ashok Kumar Mohap ...
Court: Orissa
Decided on: Jul-27-2009
Reported in: 2009(II)OLR661
ORDERB.K. Patel, J.1. Learned Counsel for the appellants and learned Counsel for the respondents are present.2. On consent, the matter is taken up for final disposal at the stage of admission.3. Heard.4. This appeal is directed against the impugned judgment/award passed by 3rd MACT, Bhubaneswar in Misc. Case No. 358 of 1993 awarding compensation amount of Rs. 5,55,000/- with interest @ 12 per cent per annum from the date of filing of the claim application, i.e., 25.08.1993 till payment in favour of claimants/respondents payable by appellant no,1 - Orissa State Road Transport Corporation (for the short 'OSRTC) on account of death of deceased Niranjan Mohapatra in a road accident involving offending bus belonging to the appellant Corporation.5. It reveals from the judgment/award that in order to substantiate their claim, the claimants examined two witnesses including respondent No. 1 as P.W.1 apart from relying upon documents marked Exts. 1 to 9. No evidence was adduced from the side of ...
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