Orissa Court February 2010 Judgments

Banambar Das Vs. Pitambar Das and ors.

Court: Orissa

Reported in: 2010(I)OLR700

S.K. Mishra, J.1. The second party members in Criminal Misc. Case No. 155 of 2008 of the court of the Executive Magistrate, Kendrapara assails the order dated 16.12.2008, wherein the learned Executive Magistrate attached the lands in question and appointed Revenue Inspector, Baro Circle as the receiver.2. The opposite parties in this Revision filed an application under Section 145 of the Code of Criminal Procedure, 1973, hereinafter referred to as 'the Code' for brevity, before the learned Executive Magistrate, Kendrapara arraying the present petitioner and others as second party members. They further prayed to restrain the second party members from interfering with their peaceful possession of the case lands. On perusal of the petition filed by the present opposite party No. 1. the learned Magistrate passed an order directing the local police to submit the report and both the parties were restrained to come up on the case land. The case was posted to 18.12.2008 for further hearing. Pu...

Dr. Radhanath Das Vs. State of Orissa and ors.

Court: Orissa

Reported in: 109(2010)CLT629

S.C. Parija, J.1. This Writ Petition is directed against the Order Dated 16.7.2003 passed by the Orissa Administrative Tribunal, Bhubaneswar, in O.A.No. 1801. of 2002, dismissing the original application of the Petitioner.2. The case of the Petitioner before the Learned Tribunal was that while working as an officer in the Veterinary & Animal Husbandry Department, he obtained Post Graduate Degree in Veterinary Science in the discipline of Gynaecology. The Petitioner was accordingly granted two advance increments with effect from 6.12.1995 in terms of the order of the State Government in the Fisheries & Animal Resources Development Department dated 17.7.1998, as per Annexure- 1 to the Writ Petition. Pursuant to such order of the State Government, the Directorate of Animal Husbandry & Veterinary Services, Orissa, dated issued orders 19.7.2002 & 20.7.2002, fixing the pay & other entitlements of the Petitioner, with effect from 1.1.1996. Subsequently, the fact of allowing advance increments...

Trinath Dash Vs. Idcol Cement Ltd. and ors.

Court: Orissa

Reported in: 109(2010)CLT726,2010(I)OLR618

L. Mohapatra, J.1. The petitioner in this writ application questions the legality of the order in Annexure-3 passed by opposite party No. 1 terminating his service by order dated 1.7.2002 with immediate effect.2. The petitioner, who has done Masters in Labour and Social Welfare, had worked in different places in different capacities and in pursuance of an advertisement issued by opposite parties 1 and 2 for filling up of the post of Deputy General Manager (HRD), he submitted his application and was selected by the selection committee for such appointment. By order dated 17.4.1999 (Annexure-1), he was appointed as Deputy General Manager (HRD). He joined the post in the year 1999 and continued as such till the order in Annexure-3 terminating his service was passed on 1.7.2002 in terms of Clause-8 of the appointment letter issued to him on 17.4.1999. It is the case of the petitioner that under Clause-5 of the appointment letter, the petitioner was required to work on probation for a perio...

Xavier Institute of Management Vs. Swapna Harrison

Court: Orissa

Reported in: 109(2010)CLT636,2010(I)OLR657

Sanju Panda, J.1. In this writ petition, the petitioner has challenged the order dated 7.5.2009 passed by the learned Ad hoc Addl. District Judge, FTC-2, Bhubaneswar in FAO No. 17/129 of 2008-2004 confirming the order dated 4.9.2004 passed by the learned Civil Judge (Senior Division), Bhubaneswar in Interim Application No. 381 of 2004 arising out of Civil Suit No. 431 of 2004.2. The tarts, as narrated in the writ petition, are as follows:Petitioner is the defendant. Opposite party as plaintiff filed Civil Suit No. 431 of 2004 before the learned Civil Judge (Senior Division), Bhubaneswar with a prayer to declare the order passed by the defendant as illegal, void ab initio, non est in the eye of law and for a decree of permanent injunction. In the said suit, she filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Civil Procedure Code for injunction. The said application was registered as Interim Application No. 381 of 2004. The prayer made in the said interim a...

Benudhar Jena Vs. Smt. Minati Jena and anr.

Court: Orissa

Reported in: 109(2010)CLT721,2010(I)OLR571

L. Mohapatra, J.1. This appeal is directed against the judgment and order dated 30.4.2008 passed by the learned Judge, Family, Court, Rourkela in Civil Proceeding No. 229 of 2005 directing the appellant to pay monthly maintenance of Rs. 2,500/- to the respondent No. 1 and a further sum of No. 1,500/- towards maintenance to respondent No. 2 from the date of filing of the application.2. The respondents filed an application before the learned Judge, Family Court, Rourkela under Sections 18 and 20 of the Hindu Adoption and Maintenance Act, 1956 claiming monthly maintenance of Rs.6,000/ - from the appellant. The case of respondents is that respondent No. 1 married to the appellant on 22.7.1994 and a child (respondent No. 2) was born to them. After having a successful married life for almost nine years, some time in the year 2003 the appellant at the instigation of his mother started demanding a sum of Rs. 1,00,000/- for purchasing a car and due to non-payment of the said amount they started...

Smt. Tulasi Sahukar Vs. New India Assurance Company Limited and ors.

Court: Orissa

Reported in: 2010(I)OLR795

B.K. Patel, J.1. This appeal, at the instance of owner-appellant, is directed against the judgment dated 16.2.2004 passed by the learned Additional District Judge-cum-Third Motor Accident Claims Tribunal, Gajapati, Paralakhemundi in MAC No. 3/2001/125/99 (GDC) directing the owner of the offending vehicle a bus bearing registration No. OR07-C-0099 to pay to the claimants-respondent Nos. 2 to 4 compensation amount of Rs. 1,15,000/- (Rupees one lakh fifteen thousand) with interest at the rate of 8 per cent from 1.10.2002, i.e., the date of appearance of the appellant with cost of Rs. 500/- (Rupees five hundred) on account of death of deceased Sakuda Mandal in an accident involving the offending vehicle. On consent, the matter was taken up for final disposal at the state of admission.2. The accident took place on 28.6.1997. Initially the claimants filed claim application against appellant's husband Krushna Chandra Sahukar as the owner of the offending vehicle. It was pleaded that appellant...

Kelu Charan Behera Vs. State of Orissa

Court: Orissa

Reported in: 2010(I)OLR720

S.K. Mishra, J.1. The petitioner assails the confirming judgment passed by the learned Additional Sessions Judge-cum-Special Judge, Bhubaneswar in Criminal Appeal No. 52 of 1993, wherein he confirmed the conviction recorded by the learned J.M.F.C., Bhubaneswar in G.R. Case No. 2514 of 1998 convicting the present petitioner for the offence under Sections 354 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as the 'I.P.C.' for brevity).2. The case of the prosecution was that on 01.10.1988 at about 9.00 A.M., the present petitioner Kelu Charan Behera along with other co-accused persons, who have since been acquitted by the learned J.M.F.C., assaulted the informant with the intention to outrage her modesty and due to such assault, she sustained injuries on her nipple, neck and other parts of her body. That night she went to the house of Sapani Mallik, the Grama Rakhi and narrated about the incident. She took shelter in his house for that night. On the next day, she lodged a ...

Sridhar Jena Vs. Santosh Kumar Jena and ors.

Court: Orissa

Reported in: 2010(I)OLR486

R.N. Biswal, J.1. In this writ petition, the petitioner challenged the order dated 23.9.2009 passed by the Election Tribunal-cum-District Judge, Khurda at Bhubaneswar in C.M.A. No. 12 of 2009, arising out of Election Petition No. 362 of 2008 rejecting the petition filed under Order VII, Rule-11 of C.P.C. by the petitioner.2. Opposite party No. 1, a defeated candidate in the last election of Corporators in Bhubaneswar Municipal Corporation in respect of Ward No. 40 filed the aforesaid election petition seeking a declaration that the election of the petitioner as Corporator of that Ward was illegal and void. At the same time, he prayed to declare him as the elected Corporator for the said Ward No. 40 of the Bhubaneswar Municipal Corporation. In that election, the petitioner had secured 2575 votes, whereas opposite party No. 1 secured 2232 votes. After receiving notice in the election petition, petitioner appeared before the Election Tribunal-cum-District Judge, Khurda at Bhubaneswar and ...

Smt. Tulasi Sahukar. Vs. New India Assurance Company Limited and ors.

Court: Orissa

1. This appeal, at the instance of owner-appellant, is directed against the judgment dated 16.2.2004 passed by the learned Additional District Judge-Cum-Third Motor Accident Claims Tribunal,Gajapati, Parlakhemundi in MAC No.3/2001/125/99 (GDC) directingthe owner of the offending vehicle, a bus bearing registration No.OR-07-C-0099, to pay to the claimants-respondent Nos.2 to 4 compensation amount of Rs.1,15,000/- (Rupees one lakh fifteen thousand) with interest at the rate of 8 per cent from 1.10.2002, i.e., the date of appearance of the appellant with cost of Rs.500/- (Rupees five hundred) on account of death of deceased Sakuda Mandal in an accident involving the offending vehicle. On consent, the matter was taken up for final disposal at the stage of admission.2. The accident took place on 28.6.1997. Initially the claimants filed claim application against appellant's husband KrushnaChandra Sahukar as the owner of the offending vehicle. It was pleaded that appellant's husband was insur...