Orissa Court August 2009 Judgments
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Rajkumar Biswal Vs. Santilata Biswal and anr.
Court: Orissa
Decided on: Aug-21-2009
Reported in: 2009(II)OLR796
Sanju Panda, J.1. Challenging the order dated 2.2.2008 passed by the learned Civil Judge (Senior Division), 1st Court, Cuttack in Interim Application No. 386 of 2008 in dismissing the interim application filed under Order 39 Rules 1 and 2 of the Civil Procedure Code, this appeal has been filed by the plaintiff-appellant.2. The brief facts of the case are as follows:The present appellant as plaintiff filed Civil Suit No. 375 of 2007 for partition. He pleaded that he is the adopted son of one Kailash Chandra Biswal. The said adoption took place in the year 1999. From the date of adoption, he was brought up by said Kailash and his wife Santilata Biswal, the present respondent No. 1, as son. His adoption was not disputed during the life-time of Kailash who died suffering from cancer in the year 2001. Santilata has got five sisters. The second sister, namely, Raji married to one Birabara Jena of Mohajanpur. On the ill-advice, said Birabara attempted to dispose of the property by utilizing t...
Bijay Kumar Sahoo and Two ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-21-2009
Reported in: 2009(II)OLR834
M.M. Das, J.1. The petitioners in the above criminal misc. case have filed this application under Section 482 Cr.P.C. seeking quashing of the order dated 26.12.2008 taking cognizance of the offences and consequent issuance of process passed by the learned S.D.J.M., Bhubaneswar in I.C.C. No. 4482 of 2008. The petitioner No. 1, who claims to be a Chartered Accountant, is the Chairman and Director of J.S.S. (I.T.) Solutions Private limited, which is a company accredited with 9001:2000 ISO. The petitioner no.3 is the Executive Director and the petitioner no.2 is a Senior Executive of the said company.2. Undisputed facts in this case are that IDCO allotted Ac. 1.940 decimals of land to M/s. J.S.S. (I.T.) Solutions Pvt. Ltd. On 11.4.2008 and possession in respect of Ac. 1.620 decimals was handed over to the said company in Revenue Plot No. 44 under Khata No. 612 in Revenue mouza, Chandrasekharpur which corresponds to IDCO Plot No. F/103.The opposite party No. 2-complainant along with twenty ...
Renubala Mohanty Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-21-2009
Reported in: 109(2010)CLT19
M.M. Das, J. 1. The Petitioner & Opposite Party No. 2 were contesting the election for the office of Sarpanch, Abadan Grama Panchayat under Kakatpur Panchayat Samity in the district of Puri. The said seat was a reserved seat for OBC category. The Petitioner having obtained highest number of votes was declared elected to the office of Sarpanch of the said Grama Panchayat. The Opp. Party No. 2 filed an election petition, being Election Misc. Case No. 16 of 2007 before the Learned Civil Judge (Junior Division), Nimapara challenging the election of the Petitioner solely on the ground that the nomination paper of the Petitioner should have been rejected as the Petitioner does not belong to OBC category.2. The Opp. Parties 2 & 3 pleaded that the caste of the father of the Petitioner has been recorded as 'Dakua Paika.' But the Petitioner on obtaining a caste certificate that she belongs to the caste of 'Paika' filed her nomination paper. It was, therefore, pleaded by them that the said certif...
Ram Kishan Khetan and ors. Vs. Udayanath Pradhan
Court: Orissa
Decided on: Aug-21-2009
Reported in: 2009CriLJ4676
ORDERKumari Sanju Panda, J.1. This Criminal Misc. Case has been filed by the petitioners under Section 482, Cr. P.C. challenging the order dated 17-4-2008 passed by the learned Executive Magistrate, Jharsuguda in CMC No. 186 of 2008.2. The facts as narrated in the application are as follows:The present petitioners are the second party members in a proceeding under Section 145, Cr. P.C. They were in possession of the disputed land total measuring Ac. O.560 decs, in Plot Nos. 1339 and 1340 (part plots) under M. S. Khata No. 386 in Mouza Jharsuguda Town, Unit No. 7, Dist-Sambalpur. Said land originally belonged to an ex-intermediary, namely, Lalit Mohan Shankar Deo and was recorded as Bhogra land. The said ex-intermediary inducted one Govinda Chandra Pattnaik as tenant and executed a permanent lease in his favour. The lessee got rent fixed in respect of MS Plot No. 1340 corresponding to HS Plot No. 3057 measuring total Ac. 0.56 dec. of land. The lessee Govinda Chandra Pattnaik after getti...
The New India Assurance Co. Ltd. Vs. Surendra Patra and ors.
Court: Orissa
Decided on: Aug-21-2009
Reported in: 109(2010)CLT194
S.C. Parija, J.1. This appeal by the Insurance Company is directed against the Judgment/Order Dated 16.08.2002 passed by the Commissioner for Workmen's Compensation, Cuttack, in W.C. Case No. 180-D of 1996, awarding an amount of Rs. 51,236 as compensation along with interest @ 6% per annum from the date of filing of the claim application, till payment.2. The brief facts of the case is that on 05.04.1987 Raghunath Sahoo, the driver of the taxi bearing No. OAC-4999 was waiting at the College Square taxi stand of Cuttack Town for passengers, when four persons, who were staying at Ambika Hotel, came to the taxi stand & hired the taxi to visit Puri & Konark on 5.4.1987. When the driver Raghunath Sahoo along with the taxi did not return till 10.4.1987, the owner of the taxi lodged an FIR at Malgodown Police Station, Cuttack, with regard to his missing taxi & the driver. As the whereabouts of the taxi & its driver could not be traced for two years, the police submitted final report in G.R. Ca...
Surendranath Sahoo Vs. Mahendra Samantaray and ors.
Court: Orissa
Decided on: Aug-20-2009
Reported in: 108(2009)CLT649; 2009(II)OLR953
Sanju Panda, J.1. This writ application has been filed by the Petitioner challenging the Order Dated 22.1.2003 passed by the Learned Addl. Civil Judge (Senior Division), Puri in Misc. Case No. 6 of 2001 arising out of Execution Case No. 6 of 2000 rejecting the prayer for amendment.2. The facts of the case are as follows;3. The present Petitioner is the Judgment debtor & the Opposite Parties are the decree holders. The Opposite Parties-decree holders instituted a suit for declaration of their right to re-purchase the interest of their co-sharers & a decree for permanent injunction restraining the stranger purchaser from disturbing their possession. The subject-matter of the suit was the dwelling house constructed by the predecessor-in-interest of the Opposite Parties- Plaintiffs prior to 1965. The Petitioner purchased half share of the said dwelling house from Defendant Nos. 2 to 4, the co-sharers of the Plaintiffs, by a registered sale deed dated 28.3.1971 & also purchased 4 annas inte...
General Manger, South Eastern Railway and ors. Vs. Mr. Chintamani Acha ...
Court: Orissa
Decided on: Aug-19-2009
Reported in: 108(2009)CLT473
B.N. Mahapatra, J.1. This Writ Petition is directed against the Order Dated 4th July, 2003, passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as the 'Tribunal') in O.A.No.73 of 2001 in which the Tribunal has directed the Petitioners to consider the case of Swarnalata Acharya, D/o Chintamani Acharya for providing her a compassionate appointment.2. The facts & circumstances giving rise to the present Writ Petition are that Opposite Party No. 1, Chintamani Acharya, while working as Diesel Engine Driver, South Eastern Railways, remained sick for a prolonged period. The Medical Superintendent of South Eastern Railway on several occasions certified that the Opposite Party No. 1 should not be given heavy work & should be allowed to do/deal with comparatively lighter work. Because of his illness Opposite Party No. 1 applied to the Railway authorities for voluntary retirement on the ground of ill health with three months prior notice. Accordingly, he...
Pratap Kishore Dash Vs. High Court of Orissa Rep. by Its Registrar (Ad ...
Court: Orissa
Decided on: Aug-19-2009
Reported in: 109(2010)CLT6
S.C. Parija, J. 1. The Petitioner has filed this Writ Petition praying inter alia for quashing of the departmental proceeding initiated against him vide D.P. No. 4 of 1993 & the charges framed thereunder & also the report of the Enquiring Officer submitted in the said departmental proceeding.2. The Petitioner joined the Orissa Judicial Service, Class-II, in the year 1976. In the year 1993, while the Petitioner was working as S.D.J.M., Kamakhyanagar, a departmental proceeding was initiated against him vide D.P. No. 4 of 1993 for alleged act of insubordination, indiscipline & gross misconduct. During pendency of the departmental proceeding, the Petitioner was placed under suspension. Being aggrieved by the initiation of the disciplinary proceeding against him vide D.P. No. 4 of 1993 & placing him under suspension, the Petitioner filed Writ Petition before this Court being OJC No. 15093 of 1996, praying for quashing of the said D.P. No. 4 of 1993 & the order of suspension. This Court by O...
Sri Ranjan Kumar Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-18-2009
Reported in: 2009(II)OLR551
M.M. Das, J.1. The petitioner, for his non-selection as a Storage Agent by the Managing Director, Orissa State Civil Supplies Corporation Ltd. - opp. party No. 2 (hereinafter referred to as 'the Corporation') at Hatadihi Block in the district of Keonjhar has approached this Court in the present writ petition for appropriate direction.2. It is the case of the petitioner that his name was recommended by the Collector, Keonjhar - opp. party No. 3 to be appointed as a Storage Agent. According to him, as per the guidelines dated 28.10.2006 issued by the Corporation for appointment of Storage agent, the Collector of the district is the competent authority to make recommendations for such appointment for different Blocks/NACs/Municipal areas. The Collector for such recommendation has to conduct an enquiry through the A.D.M./Sub-Collector or any other officer regarding the correctness of the application and as per the eligibility criteria and disqualification norms, he has to recommend the nam...
Rabindranath Satpathy Vs. Hina Sethy
Court: Orissa
Decided on: Aug-17-2009
Reported in: 108(2009)CLT694; 2010CriLJ60; 2009(II)OLR643
B.P. Ray, J. 1. Petitioner assails the order dated 19.1.2004 passed in I.C.C. No. 28/2002 wherein the learned S.D.J.M., Chhatrapur has taken cognizance of the offences under Sections 218/294 I.P.C. and Under Sections 3(1), (ix), (x), (xv), 3(2), (vi), (vii) and 4 of the S.C. & S.T. (P.A.) Act, 1989 and issued process against the petitioner.2. It is alleged that on 11.10.2002 while the complainant-opposite party was engaged in grazing his cattle, he was abused and assaulted by some of his villagers. Petitioner was the Officer-in-charge of Hinjili Police Station at the relevant time. In order to lodge complaint, the complainant went to Hinjili P.S. and met the petitioner. The petitioner, however, did not entertain the complaint, on the contrary, complainant (opp. party) was arrested and forwarded to the Court and on the basis of which, G.R. Case No. 376/2002 was initiated. After release, the complainant-opp. party filed a complaint case against the petitioner and four others and the lear...
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