Orissa Court March 2010 Judgments

Sri Suresh Chandra Mahapatra Vs. State of Orissa and ors.

Court: Orissa

Reported in: 109(2010)CLT604

Sanju Panda, J.1. In this Writ Petition, challenge has been made to the decision of the State Government for opening of a new IMFL 'OFF' Shop at Titipa (Charichhak) for the year 2009-2010 without complying the statutory objection flied by the Grama Panchayat, Panchayat Samiti, MLA & local residents in Form-A.2. The facts leading to the present case are as follows:The Petitioner is the Sarpanch of Titipa Grama Panchayat who has filed this application in the nature of Public Interest Litigation. In pursuance of notice in Form-A for opening of a new IMFL 'OFF' Shop at Titipa (Charichhak), objections were called, for from the locality. The Petitioner filed an objection thereto. In the said objection, Petitioner specifically stated that the inhabitants of Titipa Grama Panchayat decided to protect them selves from the hazardous/evil,effect of consuming foreign liquor & its impact which is detrimental to the interest of the family. The said decision was taken by the people of Titipa Grama Pan...

Indian Rare Earths Ltd., Orissa Sands Complex Unit Represented by Its ...

Court: Orissa

Reported in: 109(2010)CLT680

B.P. Ray, J.1. The Petitioner in this Writ Petition challenges the demand charges under Annexure-1 series & as well as the disconnection notice under Annexure-9 as illegal, arbitrary & against the principles laid down in the Orissa Electricity Regulatory Commission Distribution (Condition of Supply) Code, 1998.2. The main contention raised by the Petitioner in this Writ Petition is that the action of the Opp. Parties in raising the demand charges for the month of October & November, 1999 in their energy bills dated 3.11.1999 & 2.12.1999 & the subsequent disconnection notice dated 16.3.2000 are illegal, arbitrary & contrary to the provisions of the Orissa Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 1998.3. The fact of the case is that on 17.10.1999, due to Super Cyclone, three numbers of 132 KV Electric distribution Towers of Chhatrapur Sub-station supplying power to the Petitioner's factory were uprooted causing complete disruption of power supply to the...

P. Prabhakar Verma Vs. Lic of India and ors.

Court: Orissa

Reported in: 110(2010)CLT49

A.S. Naidu, J.1. The Petitioner was working as an Assistant in the office of Life Insurance Corporation, Berhampur Branch-I. He seeks to assail the Order Dated 27.5.1996 (Annexure-2) passed by Opp. Party No. 1 imposing punishment of reduction in the basic pay by five stages permanently.2. Bereft of unnecessary details, the short facts are stated here-in-below for better appreciation. The Petitioner while continuing in the post of Assistant at Berhampur Branch of the Life Insurance Corporation went on leave to attend his ailing wife, who suffered from cardiac problems. His wife was admitted in M.K.C.G Medical College, Berhampur. Unfortunately there was no other male member in the family & as the treatment continued for a long time & she was to undergo operation at Satyasai Institute of Higher Medical Sciences, Prasanti Nilayam, Putaparty at Andhra Pradesh, the Petitioner could not join in his duties within the sanctioned leave period. He was constrained to extend his leave time & again....

Artabandhu Samal and 4 ors. Vs. State of Orissa and Two ors.

Court: Orissa

Reported in: 2010(I)OLR624

ORDERI. Mahanty, J.1. Both these application under Section 482 Cr.P.C. have been filed by two sets of petitioners in connection with G.R. Case No. 30 of 1993 and G.R. Case No. 29 of 1993 corresponding to Binjharpur P.S. Case No. 8 of 1993 and 7 of 1993 respectively, now pending before the learned S.D.J.M., Jajpur, arising out of selfsame occurrence dated 5.1.1993. Both are case and counter case.2. In CRLMC No. 3829 of 2009 prayer has been made for quashing of G.R. Case No. 30 of 1993 arising out of Binjharpur P.S. Case No. 8 of 1993 registered on 6.1.1993 for offences under Sections 341, 323, 326, 307, 294/34, I.P.C. against the petitioners and CRLMC No. 3830 of 2009 has been filed by the petitioners for seeking quashing of G.R. Case No. 29 of 1993 pending in the Court of learned S.D.J.M., Jaipur arising out of Binjharpur P.S. Case No. 7 of 1993 registered on 5.1.1993 under Sections 341, 323, 326, 294, 307/34, I.P.C. against the petitioners.3. In G.R. Case No. 30 of 1993 the case in th...

Arun Kumar Nayak Vs. Urmila Jena @ Urmila Nayak

Court: Orissa

Reported in: 109(2010)CLT757

B.K. Patel, J.1. This revision is directed against Order Dated 10.8.2009 passed by the Learned Judge, Family Court, Cuttack in Criminal Proceeding No. 812 of 2002 directing trie Petitioner under Section 125 of the Cr.P.C. to pay to the Opp. Party Rs. 1,000 & her son Rs. 500 towards maintenance from the date of application subject to adjustment of interim maintenance already paid alongwith litigation cost of Rs. 2,000.2. Asserting her to be the Petitioner's wife, Opp. Party filed application for award of maintenance at the rate of Rs. 2,000 for herself & Rs. 1,000 for her minor son per month & Rs. 2,000 towards litigation expenses. According to Opp. Party, her marriage with the Petitioner was solemnized on 12.3.1993 in accordance with Hindu rites & customs. In response to Petitioner's demand, Opp. Party's father paid sum of Rs. 40,000 alongwith gold ornaments & Other household articles at the time of marriage. Out of their wedlock a male child was born on 19.5.1994 after which the Petit...

Rohita @ Sumanta Dalai @ Das and anr. Vs. State of OrissA.

Court: Orissa

1. In this appeal from jail, the appellants challenge the judgment and order dated 27.08.1998 passed by learned Second Addl. Sessions Judge, Cuttack in S.T. No.185 of 1997 convicting them under Section 302/34, IPC and sentencing them to undergo imprisonment for life.2. Prosecution case in brief is that on 06.10.1996 at about 3.00 PM both the appellants called the deceased from his house. The deceased accompanied them. After half an hour of departure of the deceased, one Bharati, who was otherwise called as Bhaga, came and reported the mother of the deceased (P.W.1) that her son was lying in a pool of blood near the house of Mangal Singh. P.W.1, her husband (P.W.2) and their son-in-law (P.W.8) rushed to the spot and found the deceased was lying in a pool of blood. His intestine had come out and there was also injury on the neck. On query, the deceased disclosed that Rohit and Kusa (present appellants) had stabbed him. The deceased was shifted to S.C.B. Medical College Hospital. P.W.2, t...

Arun Kumar Nayak. Vs. Urmila Jena @ Urmila Nayak.

Court: Orissa

1. This revision is directed against order dated 10.8.2009 passed by the learned Judge, Family Court, Cuttack in Criminal Proceeding No.812 of 2002 directing the petitioner under Section 125 of the Cr.P.C. to pay to the opposite party Rs.1,000/- and her son Rs.500/- towards maintenance from the date of application subject to adjustment of interim maintenance already paid alongwith litigation cost of Rs.2,000/-.2. Asserting her to be the petitioner's wife, opposite party filed application for award of maintenance at the rate of Rs.2,000/- for herself and Rs.1,000/- for her minor son per month and Rs.2,000/- towards litigation expenses. According to opposite party, her marriage with the petitioner was solemnized on 12.3.1993 in accordance with Hindu rites and customs. In response to petitioner's demand, opposite party's father paid sum of Rs.40,000/- alongwith gold ornaments and other household articles at the time of marriage. Out of their wedlock a male child was born on 19.5.1994 afte...