Orissa Court July 2009 Judgments
State of Orissa Vs. Tulasi Gadnaik
Court: Orissa
Decided on: Jul-27-2009
Reported in: 2009CriLJ4623
S.C. Parija, J.1. This Government Appeal is directed against the judgment dated 16.10.1995, passed by the Sessions Judge, Dhenkanal, in Sessions Trial No. 163-D of 1991, holding the accused-respondent not guilty of the charges under Sections 328 and 302 IPC and acquitting her.2. The case of the prosecution, in brief, is that Mayadhar Gadnaik of village Baghdharia under Hindol P.S. is the father-in-law of accused Tulasi Gadnaik. Mayadhar Gadnaik got his son Ganeswar Gadnaik married to the accused Tulasi Gadnaik but the accused did not take care of her father-in-law, for which Mayadhar Gadnaik had to marry Madhi Gadnaik. Subsequently, the accused started quarrelling with Madhi Gadnaik and both the ladies did not pull on well. To avoid such unpleasant situation. Mayadhar stayed separately in another house with his wife Madhi Gadnaik and after some time, he was blessed with a daughter Mina @ Rina. It is alleged that the accused Tulasi Gadnaik was not happy with the second marriage of her f...
Tag this Judgment!Dr. Biswanath Panda Vs. Vice-chancellor, Berhampur University and ors.
Court: Orissa
Decided on: Jul-24-2009
Reported in: 108(2009)CLT502
M.M. Das, J.1. The Petitioner, in this Writ Petition, prays for a direction to the Berhampur University to pay his pension & retiral benefits, which according to him, have not been paid, even after lapse of one year from the date of superannuation. According to the Petitioner, he started his teaching career as a Commerce Teacher in Khalikote Collegiate Higher Secondary School on 18.07.1961 & was teaching Post Matric Class, i.e., Class 12. He continued in the said service till 30.06.1967. Thereafter, he was selected as an Assistant Librarian in Berhampur University & joined in the said post on 22.04.1968. He was promoted to the post of Librarian, which according to him, is equivalent to the cadre of Professor & was superannuated on 31.05.1999, while working in the said post.2. The grievance of the Petitioner is that even though he retired on 31.05.1999, he has been deprived of his pension & retiral benefits till the date of filing of the Writ Petition without any justifiable reasons. Th...
Tag this Judgment!Sri Pratap Patnaik Vs. Commissioner, Consolidation and Settlement and ...
Court: Orissa
Decided on: Jul-24-2009
Reported in: 108(2009)CLT644
M.M. Das, J.1. The Petitioner, who is the purchaser of a piece of land situated in mouza - Mohabhol Sasan, which is in close proximity to the city of Bhubaneswar in an auction sale conducted by the Assistant Commissioner of Endowments in pursuance of a permission accorded by the Commissioner of Endowments in a proceeding under Section 19 of the Orissa Hindu Religious Endowments Act, calls in question the legality & propriety of the Order Dated 19.7. 1997 passed by the Commissioner, Consolidation, Bhubaneswar in Revision Case No. 90 of 1995 (Annexure-11) in exercise of power conferred upon him under Section 37 (1) of the Consolidation of Holdings & Prevention of Fragmentation of Land Act, 1972 (for short, the Act'). By the impugned order, the Commissioner interfered with the order passed by the Assistant Consolidation Officer after passage of nearly 20 years.2. A skeletal delineation of the background fact, which has bearing on factual adjudication of the present case, in short, is that...
Tag this Judgment!State of Orissa Vs. Babaji Panigrahi and anr.
Court: Orissa
Decided on: Jul-23-2009
Reported in: 108(2009)CLT652
A.S. Naidu, J.1. The Judgment dated 20th April, 1996 passed by Learned Addl. Sessions Judge, 3hadrak, acquitting the accused persons from the charges under Sections 302/34 of the Indian Penal Code in S.T. Case No. 1/11 of 1995 is assailed by the State of Orissa in this Government Appeal.2. According to the prosecution case on 3.4.1994 at about 10.00 A.M. when the informant Krupasindhu Bal (P.W.1) was at Gadi Bazar, he heard noise & shouts from a nearby paddy field. He went there & found that Kanduri Bal (deceased), who was his father's younger brother, was lying on the ground having sustained bleeding injuries. He also noticed that accused Babaji Panigrahi & Malati Panigrahi (present Respondents) were present there & accused Babaji Panigrahi was holding an iron 'Hemadasta Pua' & Malati Panigrahi was holding a stick & were abusing Kanduri Bal. Their son Babu Panigrahi was also standing nearby holding a stick. Seeing them P.W.1 raised 'hulla'. Hearing shouts of P.W.1 some persons arrived...
Tag this Judgment!N. Raja Kantham Vs. State, Inspector of Police
Court: Orissa
Decided on: Jul-23-2009
Reported in: 2010(I)OLR39
ORDER1. The accused-appellant was, at the relevant time, working as a Senior Accountant in the District Treasury Office, warangal. On 4th June, 1991, a salary bill pertaining to 23 employees of irrigation Division No. 2 amounting to Rs. 43,178/- was submitted in the District Treasury Office, Warangal. As per the prosecution story, the very same evening, the complainant Venugopal PW-1 and his colleague K. Srinuvas Rao PW-2 approached the accused and enquired about the bill. The accused demanded Rs. 700/- as a bribe for getting the bill passed. As. the complainant was not willing to pay this amount he approached the DSP, Anti Corruption Bureau, Warangal and lodged a complaint, Ext.P.1 On the basis of this complaint a trap was arranged on 6th June, 1991 when the accused allegedly accepted the amount from PW.1. The tainted money was recovered from the appellant and on the phenolphthalein test, the solution turned pink. On the completion of the investigation, the accused was charged under S...
Tag this Judgment!Durga Charan Routray and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-23-2009
Reported in: 109(2010)CLT301
Sanju Panda, J.1. These two Writ Petitions having common facts were heard together & are being disposed of by this common Judgment.W.P.(C) Nos. 4989 of 20082. In this Writ Petition, the Petitioner, who is a Contractor has challenged the Order Dated 18.1.2008 passed by the Learned District Judge, Mayurbhanj, Baripada in Execution Petition No. 1 of 2006 accepting the calculation sheet filed by the Judgment Debtor as correct.3. The Petitioner executed a work for the Opposite Parties after entering into a contract. During execution of the said work, certain disputes arose regarding work/payment between the parties. As a result, the dispute was referred to the sole Arbitrator. The Arbitrator after hearing both the parties on 28.9.2005 passed an award & the relevant part of the award is as follows:Thus the total awarded amount as per Schedule- 'A' above comes to Rs. 31,05,210.00 (Rupees thirty one lakhs five thousand two hundred ten only). As already stated, the said amount shall carry inter...
Tag this Judgment!Smt. Chandrakanti Das and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-22-2009
Reported in: AIR2010Ori23; 2009(II)OLR448
I.M. Quddusi, A.C.J.1. By means of this writ petition, the petitioners have prayed for a writ in the nature of Mandamus commanding the opposite party No. 5 i.e. 1st M.A.C.T., Mayurbhanj, Baripada to disburse the amount settled through Lok Adalat to them without demanding any Court fees on the awarded amount.2. In view of the above prayer, the question before this Court is whether the claimant in whose favour the accident claim has been settled through Lok Adalat is liable to deposit the Court fee first and thereafter get a certification from the M.A.C.T. and on the basis of the certificate receive back from the Collector the full amount of Court fee or he can receive the claim even without depositing the Court fees, if not already deposited.3. In the instant case, the petitioners are the legal heirs of the deceased Siba Sankar Das, who died on 3.7.2007 in a road accident and they filed the case before the Motor Accident Claims Tribunal, Mayurbhanj, Baripada claiming compensation under ...
Tag this Judgment!Satgun Paswan Vs. State of Orissa
Court: Orissa
Decided on: Jul-22-2009
Reported in: 108(2009)CLT666
S.C. Parija, J.1. The Appellant & two others faced trial for commission of offences Under Sections 302, 376, 377 & 201 r/w Section 34 of the IPC. Learned Sessions Judge though acquitted the other two accused persons, holding that the prosecution was able to establish its case beyond all reasonable doubts/ convicted the Appellant. Being aggrieved by the said order of conviction dtd. 26.11.1999 the Appellant has preferred this appeal Under Section 374 of Cr.P.C.2. The scenario of facts reveal that on the basis of an F.I.R. lodged by Rama Chandra Barik (P.W.1) before the O.J.C., Sadar Police Station, Cuttack on 23.3.1997, the prosecution was set to motion. In his report the informant alleged that his sister Charulata Barik, aged about 11 years, had been to 'Kuakhai' river at about 12 noon to take her bath. As she did not return by 1.00 P.M., the informant went in search of her & found her chapal, pant, shirt & turmeric powder lying near Fakir Singh brick kiln. On being asked the Bihari wo...
Tag this Judgment!Public Information Officer and anr. Vs. Orissa Information Commission ...
Court: Orissa
Decided on: Jul-22-2009
Reported in: 109(2010)CLT105
I.M. Quddusi, A.C.J.1. This Writ Petition has been filed against the impugned Order Dated 10th of January, 2008 passed by the Orissa Information Commission, Bhubaneswar in Complaint Case No. 138 of 2006. By the said order, the State Information Commission imposed penalty of Rs. 19,250 on the Petitioner as Public Information Officer, who was Senior Assistant in the Office of the Commission of Commercial Tax, Orissa, Cuttack & directed that the amount will be deposited by Treasury challan under appropriate Head of Account of the State Budget within a period of 30 days failing which the amount shall be recovered from her salary in 10 (ten) equal consecutive monthly instalments commencing from the salary of February, 2008 payable in March, 2008 by the Public Authority & in case the Public Authority for adequate reasons is not able to recover the penalty amount from the Petitioner, the same can be realized from her as arrears of land revenue.2. The facts of the case are that Opposite Party ...
Tag this Judgment!Srikanta Mohan Mishra Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jul-21-2009
Reported in: 108(2009)CLT313
B.N. Mahapatra, J.1. This Writ Petition has been filed seeking for a direction to Opposite Parties for appointment of the Petitioner in the post of Lecturer, Stenography & Secretarial Practice in Class II in Orissa Technical Education & Training Service (for short 'OTE & T') on the basis of the select list prepared by the Orissa Public Service Commission (for short 'OPSC') in the year 1989.2. The facts & circumstances giving rise to the present Writ Petition are that during 1988 a requisition was made to the OPSC for recruitment to the post of Lecturers in Engineering Schools & Polytechnic in Class-II service vide Industries Department letter No. 11-110-16281 'dated 26.05.1988. In pursuance of an advertisement published by the OPSC, the petitioner along with others appeared at an interview conducted by the OPSC in the year 1989 for the said post. A select list was prepared on 25.07.1989 (Annexure-1) by the OPSC in which the name of one Ashok Kumar Rath was recommended for the said post...
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