Orissa Court March 2010 Judgments

M/S. Reliance Industries Ltd. Vs. State of Orissa and ors.

Court: Orissa

1. The petitioner in this writ application had initially made the following prayer:"Under the aforesaid facts and circumstances, the petitioner prays this Hon'ble Court to be pleased to issue notice to the opp. parties as to why the writ petition shall not be allowed and in case, the opp. parties fail to show cause or show insufficient cause, this Hon'ble Court may be graciously pleased to declare the closure of Dhenkanal Division of the petitioner to be genuine and legal, and permit them to take all necessary steps in furtherance of the same."By way of amendment, the said prayer has been substituted by the following prayer:Under the aforesaid facts and circumstances, the petitioner prays this Hon'ble Court to be pleased to issue notice to opposite parties as to why the writ petition shall not be allowed and if the opposite parties fail to show cause, this Hon'ble Court may be graciously pleased to quash Annexure-1 for being passed beyond time and without and/or pass such other order/o...

G.Madhab Reddy. Vs. State of OrissA.

Court: Orissa

1. This revision is directed against the confirming judgment passed by the learned courts below convicting the petitioner under Section 47(a) of the Bihar and Orissa Excise Act and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for more six months.2. The prosecution case, in 2 (a) C.C. Case No.15 of 2003 of the court of learned J.M.F.C., Chhatrapur in which the petitioner stood trial, is that on 22.07.2002 at about 8.30 P.M., the S.I. of Excise, Chhatrapur (P.W.3) along with his staff while performing patrol duty at village-Gedalapalli, on suspicion searched the betel shop of the petitioner in presence of witnesses and recovered one plastic Jerican containing 10 litres of I.D. liquor. The S.I. of Excise subjected the liquors to blue litmus paper and hydrometer tests and also smell test and by virtue of his specialised training and long experience in the department, he came to the conclusion that ...

Bata Krushna Nayak Vs. State of Orissa and Three ors.

Court: Orissa

Reported in: 109(2010)CLT747,2010(I)OLR723

ORDER1. Heard learned Counsel for the petitioner as well as learned Government Advocate.2. This writ petition has been filed challenging the order dated 28.7.1998 passed by the Additional District Magistrate, Khurda in Leave Revision Case No. 852 of 1998 in exercise of power under Section 7-A(3) of the Orissa Government Land Settlement Act, 1962 in setting aside the lease granted by the Tahasildar, Bhubaneswar in favour of one Ramesh Chandra Behera, in respect of a piece of land measuring an area of Ac.1.500 situated over plot No. 647, Khata No. 420 in village Pathargadia in W.L. Case No. 1668 of 1974 and settled in his favour.3. Case of the petitioner is that the aforesaid Ramesh Chandra Behera in order to meet his legal necessity sold an area of A.O.092 out of the aforesaid area of Ac.1.500 in his favour by virtue of a registered sale deed on 16.5.1983 under Annexure-3 and delivered possession to him. It is further case of the petitioner that after purchasing the said land, he is in ...

All Orissa Private Secondary Training Schools Management Association R ...

Court: Orissa

Reported in: 2010(I)OLR830

M.M. Das, J.1. The petitioner is an association of Orissa Private Secondary Training Schools and was also the petitioner in W.P.(C) No. 10372 of 2008 before this Court. A prayer is made to issue a direction to the opp.party No. 3, Secretary, Board of Secondary Education, Orissa, Cuttack to allow the students of the member-institutions of the petitioner-association, who have completed their Certified Teachers Course (for short, 'the C.T. Course') in the sessions 1989-90, 1990-91 and 1991-92 to appear in the C.T. Examination, 2009 to be conducted by the Board of Secondary Education, Orissa, Cuttack.2. It is submitted by the petitioner-association that one of the members of the petitioner-association being, Bagdevi S.T. School previously filed O.J.C. No. 17574 of 1998 before this Court which was disposed of by a Division Bench of this Court on 7.1.1999 directing as follows:Heard.We dispose of the present writ petition with a direction to the Director Secondary Education, opp.party No. 2 t...

Chandra Sekhar Patro Vs. State of Orissa and ors.

Court: Orissa

Reported in: 2010(I)OLR972

A.S. Naidu, J.1. The dispute in this writ petition has a chequered career inasmuch as it has travelled to this Court thrice earlier i.e. in O.J.C. Nos. 2645 of 1989, 410 of 1990 and 3573 of 1993 disposed of on 8.3.1990, 14.1.1993 and 14.12.1998 respectively.2. Kabi Samrat Upendra Bhanja College, Bhanjanagar, in short, 'Ksub College' was established in the year 1958. It was recognized in the year 1960 and was brought within the grant-in-aid fold in the year 1974. In the year 1981 the Governing Body of the college decided to create a new post of Lecturer in Botany, according to the students strength. The petitioner applied for the said post and on being selected, was appointed on 2.9.1981. The proposal sent by the Governing Body of the College to approve creation of an extra post of Lecturer in Botany was provisionally approved by the Director, Higher Education by order dated 24.5.1988 (Annexure-2). In the year 1989, the Government enacted Orissa Aided Educational Institution (Appointmen...

Harischandra Patel Vs. State of Orissa

Court: Orissa

Reported in: 2010(I)OLR990

Indrajit Mahanty, J.1. In this application under Section 482 Cr.P.C, the petitioner-Harischandra Patel has sought for quashing the order of cognizance dated 15.12.2008 passed by the learned S.D.J.M., Bolangir in G.R. Case No. 535 of 2008 taking cognizance against the petitioner and another under Sections 452, 332, 427, 506/34 I.P.C.2. Shorn of unnecessary details, as would be evident from the case records, an F.I.R. was lodged by the informant-William Bilung, who was then working as the Special Land Acquisition Officer, Lower Suktel Irrigation Project, Bolangir alleging that on 12.8.2008 at about 5.30 PM while the informant was in his office, the petitioner along with one Banamaii Khuas (co-accused) entered into his office and demanded advance payment for the fruit bearing trees situated over the land which was acquired from the petitioner and others under the Land Acquisition Act. It appears that when the informant denied to fulfil their demand, a group of 10 to 12 persons who were in...

Smt. Laxmidevi Ram. Vs. Tifupati Electro Marketing Pvt. Ltd.

Court: Orissa

1. In this application under Se_ction 482 Cr.P.C. the petitioner- V, Smt. Laxmidevi Ram has prayed for quashing of the order of cognizance . dated 17.3.2008 passed in I.C.C. No. 847 of 2008 by the learned SDJM, Bhubaneswar in respect of the present petitioner.2. Mr.Pal, learned counsel for the petitioner states that the D petitioner who was a Director of M/ s L.P.Electronics (Orissa) Private Limited, has been implicated as an accused in a proceeding under Section 138 of the N.Il Act, inter alia, only for the reason of her having been named as Director of such company. He asserts that other similarly placed Directors had also filed application under Section 482 Cr.P.C. for quashing of order of cognizance, namely, Sri Om Prakash Ram and Sri Deepak Kumar Ram in CRLMC Nos. 1051 and 1900 of 2008 which were disposed of on 19.5.2009, whereby I-lon'ble Mr. Justice B.K.Patel came to a conclusion that there were no express averments made in the complaint petition that any of the petitioners ther...

Harischandra Patel. Vs. State of OrissA.

Court: Orissa

1. In this application under Section 482 Cr.P.C., the petitioner- Harischandra Patel has sought for quashing the order of cognizance dated 15.12.2008 passed by the learned S.D.J.M., Bolangir in G.R.Case No.535 of 2008 taking cognizance against the petitioner and another under sections 452, 332,427,506/ 34 I.P.C..2. Shorn of unnecessary details, as would be evident from the case records, an F.l.R. was lodged by the inforrnantWilliam Bilung, who was then working as the Special Land Acquisition " Officer, Lower Suktel Irrigation Project, Bolangir alleging that on 12.8.2008 at about 5.30 PM while the informant was in his office, the petitioner along with one Banamali Khuas (co-accused) entered into his office and demanded advance payment for the fruit bearing trees situated over the land which was acquired from the petitioner and others under the Land Acquisition Act. It appears that when the informant denied to fulfill their demand, a group of 10 to 12 persons who were in his office and s...

Harshpriya Construction (P) Ltd. Vs. the Inspector General of Registra ...

Court: Orissa

Reported in: 109(2010)CLT772,2010(I)OLR760

B.K. Nayak, J.1. The short question that arises for consideration in this writ application is whether the Registering Officer under the Indian Registration Act can retain possession of the original registered instrument (sale deed) where it raises a dispute in terms of Section 47-A of the Indian Stamp (Orissa Amendment) Act with regard to the stamp duty payable on such instrument.2. The facts leading to the formulation of the aforesaid question have been depicted in the writ petition as follows:The petitioner, a private limited company registered under the Companies Act, represented through its Director carries on business of development of land and construction of apartments. For the purpose of its business, the petitioner purchased a piece of Sarad non-irrigative variety of land measuring Ac.0.927 dec. pertaining to Sabik Plot No. 1807 and Sabik Khata No. 507 of Mouza Gadakana under Bhubaneswar Tahasil of Khurda district corresponding to Mutation Plot No. 3803 and Mutation Khata No. ...

Jagannath Minerals and anr. Vs. State of Orissa and ors.

Court: Orissa

Reported in: 109(2010)CLT782

Sanju Panda, J.1. In this writ application, the Petitioners have challenged the revocation of Mining Lease transfer Order Dated 6.2.2007 passed by the Deputy Secretary to Government of Orissa, Department of Steel & Mines & cancellation of removal permission for iron ore (vide Annexure-14) & Issuance of working permission in favour of a dead person, namely, Late Manoranjan Das (vide Annexure-16).2. The facts leading to this case are as follows:A mining lease in respect of an area measuring Ac.11.533 hects in village Deojhar in the district of Keonjhar for a period of 20 years was to be granted in favour of one Manoranjan Das. Due to paucity of funds, on 18.3.1997 he entered into an agreement with Deepak Kumar Rana, Managing Partner of Petitioner No. 1 firm to transfer the said mining lease & also executed a General Power of Attorney in his favour. Accordingly, on the said lease being granted in favour of Manoranjan Das, on 6.7.1998 Deepak Kumar Rana as the Power of Attorney Holder of Ma...