Orissa Court August 2013 Judgments
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Biswamohan Mishra Vs. Radharani Mishra and Another
Court: Orissa
Decided on: Aug-30-2013
ORISSA HIGH COURT: CUTTACK. W.P. (C). Nos. 7686 AND 598.of 2012 In the matter of applications under Articles 226 and 227 of the Constitution of India. ----------(In both the cases) Biswamohan Mishra Petitioner -VersusRadharani Mishra & another Opp. parties For Petitioner : M/s. Tushar Kumar Mishra & S.K. Sahoo For opp. parties : M/s. Darpahari Dhal, K. M.Dhal, A.Das & M.K.Sahoo. ------------------------------------ Date of Judgment:30. 08.2013 ------------------------------------ PRESENT : THE HONOURABLE SHRI JUSTICE M.M. DAS M. M. Das, J.The aforementioned two writ petitions have been filed by the petitioner, who is the plaintiff in C.S. No.18 of 2009 pending before the learned Civil Judge (Junior Division), Ist Court, Cuttack, challenging the order dated 22.3.2012 by which the learned trial court rejected the two applications filed by the petitioner; one being to recall the order dated 5.1.2010 and the other, rejecting the prayer of the petitioner to allow him to adduce evidence on...
Dipti Ranjan Parida Vs. Rajkishore Nayak
Court: Orissa
Decided on: Aug-29-2013
W.P.(C) No.20968 o10. 29.08.2013 Heard learned counsel for the parties. This writ petition has been filed challenging the order dated 11.09.2012, passed by the learned Civil Judge (Jr. Division).Nayagarh, in Election Misc. Case No.6 of 2012, allowing the application of the opposite party no.1 filed under Order 6 Rule 17 of C.P.C., for amendment of the election petition. Learned counsel for the petitioner submits that the averments made in an election petition are to be strictly construed and no amendment can be permitted as a matter of course. It is further submitted that as the opposite party no.1 has introduced several new documents by way of amendment, learned Civil Judge has erred in allowing the same, as it is No.permissible in law. Accordingly, it is submitted that the impugned order of the learned Civil Judge allowing the amendment sought for by opposite party no.1 is liable to be set aside. Learned counsel for the opposite party no.1 on the other hand submits that as the amend...
Minati Das Vs. Bichitra Parida
Court: Orissa
Decided on: Aug-29-2013
W.P.(C) No.5862 o08. 29.08.2013 Heard learned counsel for the parties. This writ petition has been filed challenging the order dated 26.02.2013, passed by the learned District Judge, Bhadrak, in Election Misc. Case No.79 of 2012, rejecting the application of the petitioner filed under Section 151 C.P.C.for stay of the proceeding in Election Misc. Case No.86 of 2012, pending before the learned Civil Judge (Sr.Division).Bhadrak. The case of the present petitioner is that election for the post of Panchayat Samiti Member of Balimunda Gram Panchayat in the district of Bhadrak was held on 19.02.2012. The present petitioner was declared elected. Being aggrieved, opposite party no.2 filed Election Misc. Case No.86 of 2012 before the learned Civil Judge (Sr.Division).Bhadrak, under Section 44-A of the Odisha Panchayat Samiti Act, 1959. Subsequently, opposite party no.1 challenged the election of the petitioner by filing an application under Section 45-B of the Act before the learned District J...
The Oriental Insurance Company Ltd. Vs. Sri Umakanta Sethi and ors.
Court: Orissa
Decided on: Aug-29-2013
HIGH COURT OF ORISSA: CUTTACK MACA Nos. 524, 525, 526, 527, 528, 529, 530, 531, 533, 534 and 535 of 2006. From an award dated 4.2.2006 passed by Sri K.C. Swain, III M.A.C.T. , Balasore in MAC Case Nos. 116/179 of 2002/1995, 4/171 of 1997/1995, 142/170 of 1997/1995, 157/177 of 2000/1995, 164/169 of 1997/1995, 29/174 of 1997/1995, 17/182 of 2001/1995, 27/164 of 2001/1995, 18/183 of 2001/1995, 67/180 of 1999/1995 and 57/181 of 2000/1995. -----------The Oriental Insurance Company Ltd. ... Appellant (In all the appeals) -VersusSri Umakanta Sethi & ors [In MACA 524 2006]. [In MACA 533 2006]. Smt. Minati Sethi & ors. ... [In MACA 525 2006]. [In MACA 528 2006]. Smt. Menaka Sethi & ors. ... [In MACA 526 2006]. [In MACA 531 2006]. [In MACA 535 2006]. Smt. Sukamani Sethi & ors. ... [In MACA 527 2006]. Bharat Sethi & ors. ... [In MACA 529 2006]. Upendra Jena ... [In MACA 530 2006]. Upendra Prasad Sethi & ors. ... [In MACA 534 2006]. ... For Appellant - For Respondents [In MACA Nos. 524 & 533 of 2...
Osrtc, Through Dist.Transport Manager, Badambadi Vs. Lokanath Hota, Ba ...
Court: Orissa
Decided on: Aug-29-2013
HIGH COURT OF ORISSA: CUTTACK F.A.O. No.447 of 2012 From a judgment dated 18th May, 2012 passed by Commissioner for Workmens Compensation-Cum-Assistant Labour Commissioner, Cuttack in W.C. Case No.276-D/2010. -------Odisha State Road Transportation Corporation, through District Transport Manager, Badambadi, Cuttack, Town & District Cuttack Appellant Respondent -VersusLokanath Hota, S/o. Late Sriram Chandra Hota, At/P.O./P.S. Manamunda, Dist: Boudh, at present Badambadi, Cuttack. For Appellant : M/s. Braja Kishore Sahoo & K.C. Sahoo For Respondent : Dr. T.C. Mohanty, Sr. Advocate, J.Mohanty, R.R. Nayak & R.P. Bhagat ---------- P R E S E N T: THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of Judgment:29. 08.2013 B.N. MAHAPATRA, J.A challenge to the legality and validity of the judgment dated 18.05.2012 passed by Commissioner for Workmens CompensationCum-Assistant Labour Commissioner, Cuttack in W.C. Case No.276D/2010 has been made in the present appeal with a prayer to set aside the im...
Smt. Nibedita Dash Vs. Sri Biranchi Narayan Satpathy and Others
Court: Orissa
Decided on: Aug-27-2013
ORISSA HIGH COURT CUTTACK MATA No.64 of 2011 From the judgment and decree order dated 15.7.2011 passed by the learned Judge, Family Court, Cuttack in Civil Proceeding Nos. 251 of 2003 and 204 of 2005. -------------------In MATA No.64 of 2011 Smt. Nibedita Dash . Appellant -versusSri Biranchi Narayan Satpathy . Respondent For Appellant : M/s. Bibekananda Bhuyan, B.N.Das, S.K.Panda, R.Ray A.K.Rout, B.N.Mishra, C.R.Swain, P.Mohanty, Ms.S.Sahoo & S.Samal For Respondent : M/s. K.C.Kanungo, H.V.B.R.K.Dora, & Chitra Padhi In MATA No.65 of 2011 Smt. Nibedita Dash . Appellant -versusSri Biranchi Narayan Satpathy & others . For Appellant : M/s. Bibekananda Bhuyan, B.N.Das, S.K.Panda, R.Ray A.K.Rout, B.N.Mishra, C.R.Swain, P.Mohanty, Ms.S.Sahoo & S.Samal For Respondents : M/s. K.C.Kanungo, H.V.B.R.K.Dora, & Chitra Padhi (R-1) Respondents 2 -------------------Date of Judgment:27. 08.2013 -------------------P R E S E N T: THE HONOURABLE KUMARI JUSTICE SANJ.PANDA AND THE HONOURABLE DR. JUSTICE B.R.S...
Sudarsan Dash Vs. State and ors.
Court: Orissa
Decided on: Aug-27-2013
WP(C) No.32348 o05. 27.8.2013 Heard learned counsel for the petitioners and learned Addl. Government Advocate. This Writ Petition has been filed by the petitioners with a prayer to direct the Tahasildar, Jatni for necessary correction in the R.O.R pertaining to Khata No.282/1 measuring Ac.1.000 corresponding to Sabik Khata No.359 (Part) of Mouza-Ogalgada and to record the name of the petitioners in respect of Ac.0.180 decimals of land under stitiban status. It is contended by the petitioners in the writ application that in W.L.Case No.295 of 1962-63, lease was granted in favour of one Ullash Chandra Patnaik in respect of the land appertaining to Sabik Khata No.359 (Part) under Sabik Khata No.502. While continuing as such, his name was recorded under occupancy status. The said lessee for his legal necessary transferred Ac.0.180 decimals of land in favour of the father of the present petitioners by registered sale deed dated 8.6.1966 and 12.5.1967 vide Annexures 1 and 2 respectively. Af...
Dibya Kishore Patel Vs. Tanoj Kumari Patel
Court: Orissa
Decided on: Aug-27-2013
ORISSA HIGH COURT CUTTACK Civil Appeal No.16 of 1996 From the judgment and decree dated 16th March, 1996 passed by the learned Judge, Family Court, Rourkela in Original Suit No.104 of 1995/Misc. Case No.56 of 1995 -------------------Dibya Kishore Patel . Appellant -versusTanot Kumari Patel . For Appellant : M/s. J.R.Patnaik, P.C.Rout, L.M.Nanda & P.K.Patnaik For Respondent Respondent : M/s. A.R.Dash, N.Lenka & N.Das -------------------Date of Judgment:27. 08.2013 -------------------P R E S E N T: THE HONOURABLE KUMARI JUSTICE SANJ.PANDA AND THE HONOURABLE DR. JUSTICE B.R.SARANGI ----------------------------------------------------------------------------------------------------S. Panda, J.This appeal is directed against the judgment and decree dated 16th March, 1996 passed by the learned Judge, Family Court, Rourkela in Original Suit No.104 of 1995/Misc. Case No.56 of 1995.2. The appellant is the plaintiff filed the application under Section 13 of the Hindu Marriage Act (hereafter refe...
Chheta Nayak and ors. Vs. Adm,bhubaneswar and O
Court: Orissa
Decided on: Aug-27-2013
W.P.(C) NO.15456 OF 201.7. 27.8.2013 Heard learned counsel for the petitioners and learned Addl. Government Advocate.2. order This Writ Petition has been filed by the petitioners challenging the dtd.02.9.1987 passed by the Addl. District Magistrate, Bhubaneswar in Revision Case No.427 of 1986 under Section 7A (3) of the O.G.L.S Act, 1962 cancelling the lease granted in favour of the father of the petitioners by the Tahasildar, Bhubaneswar in W.L Lease Case No.55 of 1974 without giving an opportunity of hearing.3. On perusal of records, it appears that the land appertaining to Plot No.112 under Khata No.255 of Mouza Suango measuring an area of Ac.1.000 decimals was originally leased out in favour of one Golaka Nayak, the father of the petitioners by the Tahasildar, Bhubaneswar in W.L Lease Case No.55 of 1974 for agricultural purposes. The father of the petitioners was in peaceful possession over the same and was paying rent regularly. In the year 1986 the Addl. District Magistrate, Bhu...
Minati Dash Vs. State of Orissa and Others
Court: Orissa
Decided on: Aug-27-2013
ORISSA HIGH COURT: CUTTACK. W. P.(CRL). No.416 OF 201.In the matter of an application under Articles 226 and 227 of the Constitution of India. ----------- Minati Dash Petitioner -VersusState of Orissa & others For Petitioner Opp. parties : M/s. S. Pradhan, G. N. Sahu , P. Sahoo & S. Jena. For opp. parties: Addl. Government Advocate. ( For O.Ps 1 to 6 & 9 ) ------------------------------------ Date of Judgment:27. 08.2013 -----------------------------------PRESENT : THE HONOURABLE SHRI JUSTICE M.M. DAS AND THE HONOURABLE DR. JUSTICE A.K.RATH M. M. DAS, J.The petitioner claiming to be the mother of one Abhay Kumar Dash has filed the present writ petition seeking issuance of Writ of Habeas Corpus directing production of her son Abhay Kumar Dash on the ground that the detention of said Abhay Kumar Dash is illegal and without authority of law, the FIR lodged at Baripada Police Station during investigation of which the said son of petitioner has been arrested does not bestow the Baripada p...
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