Orissa Court August 2013 Judgments
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Smt. Nibedita Dash Vs. Sri Biranchi Narayan Satpathy
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...
Basantilata Mohanty Vs. State and ors.
Court: Orissa
Decided on: Aug-26-2013
W.P.(C) NO.16722 OF 201.2. 26.8.2013 Heard learned counsel for the petitioner and learned Addl. Government Advocate.2. order This Writ Petition has been filed by the petitioner challenging the dtd.28.7.1998 passed by the Addl. District Magistrate, Bhubaneswar in Revision Case No.836 of 1998 under Section 7A (3) of the O.G.L.S Act, 1962 cancelling the lease granted in favour of the original lessee by the Tahasildar, Bhubaneswar in W.L Lease Case No.1635 of 1974 without giving an opportunity of hearing to the petitioner.3. On perusal of records, it appears that the land appertaining to Plot No.647 under Khata No.420 of Mouza Patharagadia measuring an area of Ac.1.000 decimals was originally leased out in favour of one Ullas Dei by the Tahasildar, Bhubaneswar in W.L Lease Case No.1635 of 1974 for agricultural purposes. The original lessee sold a portion of the aforesaid land in favour of the petitioner measuring Ac.0.125 decimals under Registered Sale Deed dtd.22.8.1986. After mutation t...
Sanjukta Parida Vs. State and ors.
Court: Orissa
Decided on: Aug-26-2013
W.P.(C) NO.16719 OF 201.2. 26.8.2013 Heard learned counsel for the petitioner and learned Addl. Government Advocate.2. order This Writ Petition has been filed by the petitioner challenging the dtd.28.7.1998 passed by the Addl. District Magistrate, Bhubaneswar in Revision Case No.836 of 1998 under Section 7A (3) of the O.G.L.S Act, 1962 cancelling the lease granted in favour of the original lessee by the Tahasildar, Bhubaneswar in W.L Lease Case No.1635 of 1974 without giving an opportunity of hearing to the petitioner.3. On perusal of records, it appears that the land appertaining to Plot No.647 under Khata No.420 of Mouza Patharagadia measuring an area of Ac.1.000 decimals was originally leased out in favour of one Ullas Dei by the Tahasildar, Bhubaneswar in W.L Lease Case No.1635 of 1974 for agricultural purposes. The original lessee sold a portion of the aforesaid land in favour of the petitioner measuring Ac.0.125 decimals under Registered Sale Deed dtd.22.8.1986. After mutation t...
Executive Engineer(Electrical)southco, Phulbani and Vs. Smt. R. Wara L ...
Court: Orissa
Decided on: Aug-23-2013
HIGH COURT OF ORISSA: CUTTACK F.A.O. No.424 of 2012 From judgment dated 30.06.2012 passed by the Commissioner for Employees Compensation, Ganjam, Berhampur in W.C. Case No.48 of 2011. -------Executive Engineer (Electrical), SOUTHCO, At/P.O./P.S. Phulbani, Dist: Kandhamal and others Appellants Respondents -VersusSmt. R. Wara Laxmi and others For Appellants : M/s. P. Mohanty, D.N. Mohapatra, J.Mohanty, P.K. Nayak & S.N. Dash For Respondents : M/s. B.N. Samantaray, N. Ch. Tripathy, R.K. Parichha, D. Pattnaik & P. Jena [For Respondent Nos.1 to 4]. ---------- P R E S E N T: THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of Judgment :23. 08.2013 B.N. Mahapatra, J.This appeal has been directed by the appellants under Section 30 of the Employees Compensation Act, 1923 challenging correctness of the judgment dated 30.06.2012 passed by the Commissioner for Employees Compensation, Ganjam, Berhampur (for short, Commissioner.) in W.C. Case No.48 of 2011.2. The case of the claimant-respondents bef...
Sarat Chandra Behera and Others Vs. State of Orissa
Court: Orissa
Decided on: Aug-23-2013
ORISSA HIGH COURT: CUTTACK CRLMC No.532 of 2002 In the matter of an application under Section 482 of the Code of Criminal Procedure. ---------Sarat Chandra Behera and others Petitioners -versusState of Orissa For petitioners For opp. party Opposite Party : M/s. B. Routray, D.K. Mohapatra, B.N. Satpathy, B.B.Routray & D.Mund. : Sk.Zaffrulah, Addl. Standing Counsel PRESENT: THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing:16. 08.2013 | Date of Judgment:23. 08.2013 Dr. B.R.Sarangi, J.The petitioners have filed this application under Section 482, Cr.P.C. seeking to quash the order dated 19.04.1996 passed by the learned J.M.F.C.(P), Kujang in G.R. Case No.438 of 1995 taking cognizance of the offences under Sections 147/148/307/341/427/ 323/336/337/332/ 188/149, IPC and under Section 7 of Criminal Law Amendment Act read with Section 3 of PDP Act2. The prosecution case, as revealed from the F.I.R., is that one Surajit Das, O.A.S. Addl. Tahasildar and Executive Magistrate lodged the in...
Tanulata Pradhan and Another Vs. Mahendra Prasad and Another
Court: Orissa
Decided on: Aug-23-2013
HIGH COURT OF ORISSA: CUTTACK. F.A.O. NO.457 OF 200.From a judgment dated 28.07.2008 passed by the Assistant Labour Commissioner-cum-Commissioner for Workmens Compensation, Orissa, Bhubaneswar in W.C. Case No.53/2004. .... Tanulata Pradhan, daughter of Late Charan Pradhan of Village: Maligaon (Sadusahi), PO: Sadagoin, PS: Delang, Dist: Puri and another -versus- Mahendra Prasad and another For Appellants : For Respondents : Appelants Respondents M/s. Pradeep Ku. Mishra, P.P.Misra, M.R. Mohanty & D. Behera M/s. Dr. A.K.Rath & A.K.Nath (For R-2 ) .. P R E S E N T: THE HONOURABLE MR. JUSTICE B.N.MAHAPATRA Date of Judgment :23.08.2013 B.N.MAHAPATRA, J.The present appeal has been directed against judgment dated 28.07.2008 passed by the Assistant Labour Commissioner-cumCommissioner for Workmens Compensation, Orissa, Bhubaneswar (for short, the Commissioner) in W.C. Case No.53 of 2004.2. Appellants case in a nutshell is that on 23.09.2001 at about 12.20 P.M. while the deceased-Bishnudev Prad...
Paresh Ch.Mandal Vs. Dy.Dir.(Rev)esic
Court: Orissa
Decided on: Aug-22-2013
W.P.(C) No.17717 o04. 22.08.2013 Heard learned counsel for the parties. This writ petition has been filed challenging the order dated 24.05.2013, passed by the Deputy Director (Revenue).Employees State Insurance Corporation, Odisha, Bhubaneswar, directing the petitioner to pay the contribution amount of Rs.2,93,865/- for the period from 04/2008 to 09/2012, as the proprietor of M/S.Konark Stone Crusher. Learned counsel for the petitioner submits that he is not the Principal Employer or the Proprietor of M/S.Konark Stone Crusher and he is merely an employee of that unit. It is stated that merely because the petitioner received the communications sent to the address of M/S.Konark Stone Crusher, the same cannot be the basis to determine that the petitioner is the Principal Employer. It is further submitted that the impugned order has been passed ex parte without affording any opportunity of hearing to the petitioner, inasmuch as, the letter dated 07.02.2013 had not been received by him. L...
Rajib Ku.Prusty Vs. Dipti Ranjan Das
Court: Orissa
Decided on: Aug-22-2013
W.P.(C) No.18844 o03. 22.08.2013 Counter Affidavit on behalf of opposite party is filed in Court today, which be kept on record. Heard learned counsel for the parties. This writ petition has been filed challenging the order dated 03.08.2013, passed by the learned Civil Judge (Jr. Division).Kendrapara, in Election Misc. Case No.12 of 2012, rejecting the application of the petitioner for adjournment of the proceeding for production of the witness Renubala Prusty (OPW-8).for her crossexamination. Learned counsel for the petitioner submits that as the witness Renubala Prusty was ill and had been referred to S.C.B.Medical College and Hospital, Cuttack, for her treatment, as per the Medical Certificate filed before the learned Civil Judge, she was not able to appear on the date fixed for her cross-examination. Accordingly, it is submitted that it was not proper on the part of the learned Court to ignore the same and reject the application of the petitioner for adjournment and expunge the ev...
State of Orissa Vs. Santosh Kumar SwaIn and ors.
Court: Orissa
Decided on: Aug-21-2013
ORISSA HIGH COURT CUTTACK Government Appeal No.17 of 1999 From the judgment dated 15.3.1994 passed by the learned 1st Addl. Sessions Judge, Berhampur in Sessions Trial No.9/92 (S.C. No.40/92 GDC) -------------------State of Orissa . Appellant -versusSantosh Kumar Swain & others . For Appellant : M/s. Addl. Government Advocate For Respondents Respondents : M/s.B.Routray, A.K.Mohanty, B.Sarangi, S.S.Kanungo, A.K.Baral & B.Dash Mr.D.P.Dhal -------------------Date of Judgment:21. 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.The appellant has filed this Government Appeal challenging the judgment dated 15.3.1994 passed by the learned 1st Addl. Sessions Judge, Berhampur in Sessions Trial No.9/92 (S.C. No.40/92 GDC) acquitting the accused persons of the charges under Sections 148/302/149 IPC and charges ...
Dibya Kishore Patel Vs. Smt. Tanoj Kumari Patel and anr.
Court: Orissa
Decided on: Aug-21-2013
ORISSA HIGH COURT CUTTACK Civil Appeal No.4 of 1996 From the judgment and decree dated 6th December, 1995 passed by the learned Judge, Family Court, Rourkela in Original Suit No.45 of 1993/Misc. Case No.41 of 1993 -------------------Dibya Kishore Patel . Appellant -versusSmt. Tanot Kumari Patel & another . For Appellant : M/s. J.R.Patnaik, P.C.Rout, L.M.Nanda & P.K.Patnaik For Respondent Respondents : M/s. A.R.Dash, N.Lenka & N.Das -------------------Date of Judgment:21. 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 6th December, 1995 passed by the learned Judge, Family Court, Rourkela in Original Suit No.45 of 1993/Misc. Case No.41 of 1993, a suit for permanent alimony and return of articles.2. The facts leading to the present case are...
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