Orissa Court February 2010 Judgments

The Deputy General Manager (H.R.) Indian Oil Corporation Ltd. (M.D.) a ...

Court: Orissa

Reported in: 109(2010)CLT689

Sanju Panda, J.1. Challenging the Order Dated 7.12.2009 passed by the Learned Addl. District Judge, Balasore in IA No. 99 Of 2009, this Writ Petition has been tiled. The Appellate Court has reversed the Order Dated 9.11.2009 passed by the Learned Civil Judge (Senior Division), Balasore in IA No. 358 of 2009 rejecting the application under Order 39 Rules 1 of the Civil Procedure Code.2. The Petitioners are the Defendants. The Opp. Party as Plaintiff filed the aforesaid Civil Suit No. 756 of 2009-I pending in the Court of Civil Judge (Senior Division), Balasore for declaration of his actual date of birth as 23.04.1975 & the charge sheet dated 23.08-2006 & initiation of departmental proceeding by the Defendants basing on the allegations that the date of birth of the Plaintiff as 23.4.1979 is wrong & illegal; to restrain the Defendants from taking any coercive action against the Plaintiff basing on the charge sheet on the basis that the date of birth is 23.4.1979 & grant any other relief a...

Bhagaban Sahoo Vs. Smt. Basanti Acharya and ors.

Court: Orissa

Reported in: 109(2010)CLT723,2010(I)OLR575

R.N. Biswal, J.1. The petitioner challenges the judgment and orders dated 30th April, 2009 passed by the learned District Judge, Ganjam-Gajapati in Election Appeal No. 12 of 2008 reversing the judgment and orders dated 3.10.2008 passed by the learned Civil Judge (Senior Division), Chhatrapur in Election Petition No. 4 of 2007.2. Opp. party No. 1 was the election petitioner, petitioner was opp.party No. 4 and one Rabi Patra was opp. party No. 5 in the Election Petition No. 4 of 2007 before the Civil Judge (Senior Division), Chhatrapur.3. As per the case of the election-petitioner, she herself, opp. party No. 4 and opp.party No. 5 contested for the office of Samiti Member of Mardakote Gram Panchayat. During scrutiny of the nomination paper, the candidature of opp. party No. 5 was challenged by opp. party No. 4 on the ground that he be got a 3rd child after the cut-off date. Without taking note of the objection, the Election Officer (opp. party No. 3) accepted his nomination. So, all the ...

State of Orissa Vs. Gajendra Kumar Mund

Court: Orissa

Reported in: 109(2010)CLT802

S.K. Mishra, J.1. The State has preferred this appeal challenging acquittal of the Respondents of the offences under Sections 498-A, 304-B, 302, 306/34 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.' for brevity) read with Section 4 of the Dowry Prohibition Act, 1961 (hereinafter referred as the 'Act' for brevity).2. Deceased Kalpana was given in marriage to one Gajendra Kumar Mund, (Respt No. 1) on 14.03.1993. After her marriage, it is alleged, the bride was subjected to mental torture & there was demand for dowry. On 14.12.1995, said Gajendra Mund submitted missing persons report before the police & sent intimation to his parents-in-law & parents intimating that Kalpana was missing since 13.12.1995. On such report, police enquired into the matter & discovered the dead body of the deceased inside an abandoned well, which situated at the backside of the house of the accused. On such discovery, Bhawanipatna Town U.D. Case No. 18 of 1995 dated 14.12.1995 was registered....

Dr. Ananga Kumar Mohapatra Vs. State of Orissa and anr.

Court: Orissa

Reported in: 2010(I)OLR942

B.P. Das, J.1. The petitioner in this writ application challenges the order dated 20.02.2009 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 115 of 2009 under Annexure-14 in which the Tribunal rejected the prayer of the petitioner to interfere with the punishments awarded in a disciplinary proceeding under Annexure-12, being minor in nature.2. Annexure-12, the order dated 1.11.2008 passed by the State Government reveals that the petitioner has been awarded with the following punishments :1. Censure.2. To withhold one annual increment without cumulative effect.3. To treat the period of suspension as leave due and admissible.3. The facts of the case as delineated in the writ application tend to reveal that the petitioner while working as a Reader in Commerce in B.J.B. Autonomous College became the Head of the Department (H.O.D.) of Commerce and during such tenure of the petitioner as H.O.D., on 18.11.2005 one Reecha Mishra, a student of +3 Commerce of the said colle...

Damburu GadabA. Vs. State of OrissA.

Court: Orissa

1. In this appeal from jail, the appellant seeks to assail the judgment and order dated 30.06.1998 passed by the learned Additional Sessions Judge, Jeypore in Sessions Case No.66 of 1997 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.2. Case of the prosecution, as unfolded during trial, is that on 01.01.1997 at about 9.30 PM when the deceased Archita Gadaba, who is the informant's father's younger brother, was washing his hands after taking the night meal, the appellant started quarrelling with him and threatened to kill him. Saying so, the appellant assaulted on the head of the deceased by means of an axe with which he was then armed causing severe bleeding injury. Due to such assault, deceased fell down on the floor and became senseless. The informant and others then shifted the deceased to Rabanaguda PHC in that unconscious state. As the deceased did not regain his sense, the informant lodged FIR in Borigumma Police Station. The c...

Subash Chandra Mahatab Vs. State of Orissa and ors.

Court: Orissa

Reported in: 109(2010)CLT744,2010(I)OLR703

A.S. Naidu, J.1. An advertisement was issued for filling up of the post of President and Members of different District Consumer Disputes Redressal Forums of the State and Member of the State Consumer Disputes Redressal Forum, Cuttack and was published in daily 'Samaj' on 24.6.2009 (Annexure-4). The dispute in this writ petition is with regard to filling up of the post of Member of the State Consumer Disputes Redressal Forum, Cuttack. The said post was opened for all. The eligibility criteria and other paraphernalias for filling up of the said posts were clearly spelt out in the advertisement under Annexure-4. In consonance with the said advertisement, the petitioner along with many other applied. After scrutiny of the applications and on being satisfied that the petitioner was otherwise eligible, he was called upon by letter dated 9.11.2009 (Annexure-5) to appear before the selection committee for interview on 5.12.2009, He attended the interview on 5.12.2009. Thereafter, he received a...

indramani SwaIn Vs. State of Orissa and ors.

Court: Orissa

Reported in: 109(2010)CLT736,2010(I)OLR661

B.P. Das, J.1. The petitioner has filed this writ petition claiming compensation for the unnatural death of his son, Deepak Kumar Swain while in custody in Choudwar Circle Jail.2. The case of the petitioner is that his son Deepak Kumar Swain was arrested and remanded to judicial custody by the J.M.F.C, Salipur, as he was implicated in a criminal case being G.R. Case No. 97/ 2003 for commission of offences under Sections 452/294/427/307, IPC. When the said Deepak Kumar Swain was in custody as an U.T.P., he died in S.C.B. Medical College & Hospital, Cuttack where he was taken for treatment. Thereafter, an F.I.R. was lodged by the brother of the deceased before the LLC, Choudwar Police Station on the allegation that they found the body of Deepak Kumar Swain being kept in S.C.B. Medical College & Hospital and there were some injuries on his body and face. The further allegation was that his brother did not die a natural death but was killed by some persons. The said F.I.R. was filed by the...

Muduli Srinu and ors. Vs. State.

Court: Orissa

1. This criminal appeal is directed against the judgment and order dated 30.03.1998 passed by the learned Additional Sessions Judge, Parlakhemundi in Sessions Case No.6 of 1996/Sessions Case No.25 of 1996 (GDC). By the said judgment, all the appellants have been convicted under section 148, IPC and sentenced to undergo rigorous imprisonment for one year; appellants 7 and 8 have been convicted under sections 302/149, IPC and sentenced to undergo imprisonment for life; and appellants 1, 2, 3, 4, 5, 6 and 9 have been convicted under sections 323/326/149, IPC and sentenced to undergo rigorous imprisonment for three years for the offence under sections 326/149, IPC but no separate sentence has been imposed for the offence under section 323, IPC.2. Case of the prosecution in a nut shell is that P.W.10 lodged a written report at Kasinagar Police Station on 10.07.1995 at about 8.00 PM alleging therein that on the same day at about 5.30 PM deceased K.Taviti Naidu of village Vistala had come to ...

Mahesh Chandra Pattnaik Vs. State (Vigilance Department)

Court: Orissa

Reported in: 2010(I)OLR631

B.K. Patel, J.1. In this Criminal Revision, the petitioner has assailed the order dated 9.3.2007 passed by the learned Special Judge, Vigilance, Bhubaneswar in T.R. No. 40 of 2007 taking cognizance of alleged commission by the petitioner of offence under Section 13(2) read with Section 13(1)(c) of the Prevention of Corruption Act, 1988.2. In view of the limited nature of grievance raised by the learned Counsel for the petitioner in course of hearing, the back ground facts of the case may be narrated in brief as follows:The petitioner entered into service on 5.5.1962 and worked in various capacities under the Revenue Department of the State Government till he retired on superannuation on 30.11.1997. When the petitioner was in service, search operation was conducted by the officers of the Vigilance Department on 16.10.1998. On the basis of search, FIR was lodged on 7.11.1988 alleging that the petitioner was found to have acquired and possessed pecuniary resources worth Rs. 4,69,150.90 pa...

Panchanan Sandibigrah Vs. General Manager, Nesco and ors.

Court: Orissa

Reported in: 109(2010)CLT808

S.K. Mishra, J.1. Whether the licensee a justified in insisting upon payment of the arrear dues including that of seller of the premises, from the Petitioner as a condition precedent for providing new service connection to the premises is to be determined in this case.2. The Petitioner purchased a peace of land along with the house standing thereon from one Smt. Saraswati Kar on 09.08.1994 by virtue of a registered sale deed. After taking over the possession the Petitioner stayed there & mutated the land in his favour. Record of rights has been issued in his favour. There was an existing electricity supply line to the premise of the Petitioner in the name of the previous owner but it is pleaded that there was no current to that line because the predecessor did not clear up the arrear electrical dues to the tune of Rs. 63,924. The Petitioner wanted electrical supply to the premise & hence he approached the Opp. Party No. 2 for fresh connection. The Opp. Party No. 2 suggested to take new...