Orissa Court November 2010 Judgments
Sudarshan Gochhayat. Vs. State of OrissA.
Court: Orissa
Decided on: Nov-16-2010
1. These petitions have been filed by the owners of the land acquired by the State Government in favour of the opposite party Anil Agarwal Foundation (hereinafter in short called as Foundation') for establishment of a University in exercise of its eminent domain power under the provisions of Part-VII of the Land Acquisition Act, 1894 (hereinafter called as the L.A. Act' in short). The public interest litigation petitions have been filed both on behalf of the land owners who have no access to justice and also on behalf of the public of the locality of the lands whose public interest is affected by violating Rule of Law in acquiring vast tract of both Government, Temple and private lands in favour of the Foundation. They were listed and heard together by consent of the learned counsel for the parties and are disposed of by this common judgment. With a view to avoid repetition of pleadings and rival legal contentions urged on behalf of the parties, we would briefly state the necessary fac...
Tag this Judgment!Jayaram SwaIn and ors.Vs. State of OrissA.
Court: Orissa
Decided on: Nov-16-2010
1. These petitions have been filed by the owners of the land acquired by the State Government in favor of the opposite party Anil Agarwal Foundation (hereinafter in short called as Foundation') for establishment of a University in exercise of its eminent domain power under the provisions of Part-VII of the Land Acquisition Act, 1894 (hereinafter called as the L.A. Act' in short). The public interest litigation petitions have been filed both on behalf of the land owners who have no access to justice and also on behalf of the public of the locality of the lands whose public interest is affected by violating Rule of Law in acquiring vast tract of both Government, Temple and private lands in favour of the Foundation. They were listed and heard together by consent of the learned counsel for the parties and are disposed of by this common judgment. With a view to avoid repetition of pleadings and rival legal contentions urged on behalf of the parties, we would briefly state the necessary fact...
Tag this Judgment!Mirza Asaf Alli Baig and anr. Vs. State of Orissa .
Court: Orissa
Decided on: Nov-04-2010
1. The appellants in both the appeals have challenged the judgment and order dated 22.12.2006 passed by the Additional Sessions Judge, Nayagarh in S.T.Case Nos.174/101/107 of 2005/2004, S.T.Case Nos.175/102/204 of 2005/2004 and S.T.Case Nos.176/8/26 of 2005 convicting the appellants under Sections 302/120-B of the Indian Penal Code and sentencing them to undergo R.I. for life and to pay a fine of Rs.5,000/-, in default, to undergo R.I. for further period of six months.2. The appellants along with four other accused persons, namely, Mallick Soleman, Sk.Salim @ Pinku, Babuni @ Subrat Patra and Banua @ Lalbihari Das faced their trial being charged under Sections 452/120-B, 120-B, 302/120-B of the Indian Penal Code for allegedly committing the murder of Dr.Abid Alli Baig in pursuance of a conspiracy hatched by them by trespassing into the house of the deceased.3. The totality of the prosecution case that came to light during the course of investigation which was launched on the basis of th...
Tag this Judgment!Padmabati Pattnaik @ Nayak. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-04-2010
1. The petitioner has assailed the legality of order dated 20.3.2010 passed by Sub-Collector, Puri in A.W.W.Misc.(A) No.47 of 2008 setting aside the order of engagement of the petitioner as Anganwadi Worker ( for short, 'A.W.W.') of Nadakhanda(Indupur-2) Anganwadi Centre (for short, 'A.W.C.') , directing her disengagement and to issue fresh order of engagement in favour of the opposite party no.5.2. Pursuant to advertisement under Annexure-1 petitioner and opposite party no.5 submitted applications for engagement as A.W.W.. The last date of submission of application was 16.2.2008. It was also indicated under Annexure-1 that applicants shall remain present during scrutiny on 18.2.2008. In the advertisement it was stipulated that the applicant must be a permanent resident of the village under A.W.C.. Also the format of application prescribed submission of certificate of permanent residence obtained within preceding six months from the Tahasildar along with the application form. Though th...
Tag this Judgment!Jhulla Sahoo(Dead) and ors. Vs. Minatibala Behera and ors.
Court: Orissa
Decided on: Nov-02-2010
1. In this writ petition, petitioners have assailed the legality of order dated18.4.2002 passed by Additional District Judge, Fast Track Court No.2, Bhubaneswar in Civil Revision Nos.26 of 2001 (12 of 2002) by which order dated 9.7.2001 passed by learned Civil Judge (Senior Division), Bhubaneswar in O.S. No.190 of 1984-I rejecting petitioner's application under Order 6 Rule 17 read with 151 of the C.P.C. for amendment of written statement was confirmed. 2. Petitioners are legal heirs of defendant no.1 whereas opposite party nos.1 to 3 are legal heirs of the plaintiff and opposite party no.4 is the defendant no.2 in the suit. Government of Orissa in the General Administration Department has been impleaded as defendant no.3. 3. Defendant no.1 being the lessee of the Government in respect of the suit land entered into registered agreement for sale dated 6.1.1973 with the plaintiff for a consideration of Rs.4,800/-. As per the agreement defendant no.1 received advance of Rs.2,900/-, handed...
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