Orissa Court January 2014 Judgments
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Bidulata Mohanty Vs. Sangram Kesari Nayak
Court: Orissa
Decided on: Jan-31-2014
HIGH COURT OF ORISSA: CUTTACK FAO. NOS. 109 OF 2007 & 30 OF 2008 From the common judgment dated 19.9.1995 passed by Shri M.M. Mohanty, Civil Judge (Senior Division), Ist Court, Cuttack in O.S. No.9 of 2003 (Probate Misc. Case No.19 of 1996) and O.S. No.10 of 2003 (Probate Misc. Case No.1 of 1997). ------------In FAO No.109 of 2007 and FAO No.30 of 2008 Bidulata Mohanty . Appellant . Respondent -VersusSangram Kesari Nayak For Appellant : M/s. P.K. Nayak-I, P.K. Mohanty & M. Das For Respondent : M/s. A. P. Bose, R. K. Nayak & F.R. Mohapatra M/s. S.K. Mandal & M. Mohapatra (For Intervenor) -----------------------------Date of Judgment: 31.01.2014 -----------------------------P R E S E N T: THE HONOURABLE SHRI JUSTICE M.M.DAS ----------------------------------------------------------------------------------------------------- M.M. Das, J.Both the appeals have been filed by the appellant against the common judgment and order dated 19.2.2005 passed in Original Suit No.9 of 2003 (Probate Misc...
M/S.Asia Enterprises Rep.by Its Managing Partner S Vs. Steel Authority ...
Court: Orissa
Decided on: Jan-31-2014
HIGH COURT OF ORISSA: CUTTACK. MISC. APPEAL No.250 OF 1991 From the judgment and order dated 23.2.1991 passed by Sri E.V. Rao, Subordinate Judge, Rourkela in Misc. Case No.99 of 1989 and T.S. No.36 of 1989. ------------M/s. Asia Enterprises represented by its Managing Partner Sri A.K. Mandal, Narasingh Dutta Road, Howrah (W.B.) .. Appellant -VersusSteel Authority of India Ltd., Rourkela Steel Plant, Rourkela and another For Appellant .. Respondents : M/s. G. Mukherji and J.P. Choudhury For Respondents : M/s. Bijan Ray, B. Bal, C. Choudury, A. Mohanty, & B. Mohanty. ------------------------------------ Date of Judgment : 31.01.2014 ----------------------------------- P R E S E N T: THE HONOURABLE SHRI JUSTICE M.M.DAS ------------------------------------------------------------------------------------------------------- M.M. Das, J.This appeal has been preferred against the judgment and order dated 23.2.1991 passed by the Subordinate Judge, Rourkela in Misc. Case No.99 of 1989 and T.S. N...
Raghunath Mishra Vs. State of Orissa and Others
Court: Orissa
Decided on: Jan-31-2014
ORISSA HIGH COURT : CUTTACK F.A.O. No.433 OF 2009 From a judgment dated 11.9.2009 passed by Shri G. Panigrahi, Presiding Officer, State Education, Tribunal, Orissa, Bhubaneswar in Grant-in-Aid Case No.135 of 2006. ----------- Raghunath Mishra Appellant -versusState of Orissa and others For Appellant: Respondents M/s. J.Sengupta, D.K. Panda, G.Sinha & A.Mishra. For Respondents: M/s. B.K.Pattanaik, R.K. Nayak & P.K. Mishra (For respondent no.4) M/s. M.K.Mohanty, M.R. Pradhan,T.Pradhan & B.Routray (For respondent no.5) Addl. Government Advocate, (For respondent nos. 1 to3) --------------------Decided on 31.01.2014 ---------------------- -----PRESENT: THE HONOURABLE SHRI JUSTICE M. M. DAS -----------------------------------------------------------------------------M.M. DAS,J.This Appeal has been preferred by the appellant under section 24 (C) of the Orissa Education Act, 1969 (hereinafter referred to as the Act) impugning the judgment passed by the State Education Tribunal, Orissa, Bhuban...
Utathya Nanda Vs. Idbi Bank Ltd.
Court: Orissa
Decided on: Jan-30-2014
W.P.(C) No.20650 of 2013 Present : 04. 30.01.2014 Mr.S.D.Das, Sr.Adv.for petitioner. Mr.Anindya K. Mishra, Adv.for the Bank. This petition seeks direction against initiation of coercive measures by the Bank for recovery of loan under the provisions of the SARFAESI Act, 2002. On 12.09.2013 this Court passed an interim order directing that no coercive action be taken against the petitioner, subject to the petitioner depositing a sum of Rs.40,00,000/- (forty lakhs) before the Registrar (Judicial) of this Court. Learned Sr.Counsel for the petitioner submits that a sum of Rs.20,00,000/- (twenty lakhs) has been deposited in this Court but due to certain problem the remaining amount could No.be deposited. However, the petitioner is No.willing to repay the loan, subject to decision of his application to the Bank for grant of time and extending benefit under the One Time Settlement Scheme, if applicable. Learned senior counsel further states that the petitioner is willing to pay a further sum o...
Sankirtan Ghivela Vs. State
Court: Orissa
Decided on: Jan-30-2014
CRLMC No.1533 of 2013 02. 30.1.2014 Heard learned counsel for the parties. This application under Section 482 Cr.P.C.has been filed challenging the order dated 30.7.2010, passed by the learned Adhoc Addl. Sessions Judge, (FTC).Balangir at Patnagarh, in Criminal Revision No.17 of 2010, confirming the order dated 09.6.2010, passed by the learned S.D.J.M., Patnagarh, in 2(a) C.C.No.13 of 2010, rejecting the petition of the petitioner filed under Section 457 Cr.P.C., for release of the seized vehicle in his zima. Learned counsel for the petitioner submits that the petitioner is the registered owner of the Motorcycle bearing registration No.OR-03-C/7356 and he was No.aware of transportation of liquor in his vehicle. According to him, the vehicle is lying exposed to sun and rain and its condition is deteriorating day by day. Therefore, he prays for release of the vehicle pending disposal of the confiscation State vehemently proceeding. Learned counsel for the opposes the prayer and submits t...
Dilip Kumar Ray Vs. Srikrishna Estate
Court: Orissa
Decided on: Jan-30-2014
CRLMC No.583 of 2010 & Misc. Case No.423 of 2010 12. 30.01.2014 Heard learned counsel for the parties. This application under Section 482 Cr.P.C.has been filed by the petitioner challenging the order dated 15.02.2010, passed by the learned J.M.F.C., Bhubaneswar, in 1.C.C.No.1446 of 2006, rejecting the application of the petitioner filed under Section 311 Cr.P.C., for recalling P.W.1 (complainant) for further cross-examination. From the records it is seen that the accusedpetitioner had approached this Court earlier in CRLMC No.1555 of 2009, challenging the order of the learned J.M.F.C., Bhubaneswar, dated 1.5.2009, in 1.C.C.No.1446 of 2006, rejecting his application under Section 311 Cr.P.C., to recall defence witnesses to exhibit and prove the acknowledgement receipt of the cheque by the complainant-opposite party no.2. This Court by order dated 05.12.2009, disposed of CRLMC No.1555 of 2009, permitting the accused-petitioner to re-examine himself for the purpose of exhibiting and provi...
Manashi Nayak Vs. State
Court: Orissa
Decided on: Jan-30-2014
CRLMC No.2915 of 2013 & Misc. Case No.1975 of 2013 04. 30.01.2014 Heard learned counsel for the petitioners and learned counsel for the State. None appears for the informant-opposite party no.2 inspite of service of notice. This application under Section 482 Cr.P.C.has been filed for quashing of the criminal proceeding against the petitioners in G.R.Case No.238 of 2010, pending in the court of learned S.D.J.M., Bhubaneswar, arising out of Mancheswar P.S.Case No.30 of 2010, under Sections 147/148/427/294/332/323/436/506/149 I.P.C.and the order of cognizance passed therein. The brief facts of the case is that the informant, who is the Principal of Hi-tech Medical College and Hospital lodged a written report before the I.I.C., Mancheswar police station, Bhubaneswar, on 29.01.2010 alleging therein that on 28.01.2010, the M.Sc. students of Hi-tech Medical College and Hospital continued agitation, demanding declaration of their examination date by Utkal University for which an F.I.R.was lodg...
Bidulata Mohanty Vs. Sangram Kesari Nayak
Court: Orissa
Decided on: Jan-30-2014
HIGH COURT OF ORISSA: CUTTACK FAO. NOS. 109 OF 2007 & 30 OF 2008 From the common judgment dated 19.9.1995 passed by Shri M.M. Mohanty, Civil Judge (Senior Division), Ist Court, Cuttack in O.S. No.9 of 2003 (Probate Misc. Case No.19 of 1996) and O.S. No.10 of 2003 (Probate Misc. Case No.1 of 1997). ------------In FAO No.109 of 2007 and FAO No.30 of 2008 Bidulata Mohanty . Appellant . Respondent -VersusSangram Kesari Nayak For Appellant : M/s. P.K. Nayak-I, P.K. Mohanty & M. Das For Respondent : M/s. A. P. Bose, R. K. Nayak & F.R. Mohapatra M/s. S.K. Mandal & M. Mohapatra (For Intervenor) -----------------------------Date of Judgment: 31.01.2014 -----------------------------P R E S E N T: THE HONOURABLE SHRI JUSTICE M.M.DAS ----------------------------------------------------------------------------------------------------- M.M. Das, J.Both the appeals have been filed by the appellant against the common judgment and order dated 19.2.2005 passed in Original Suit No.9 of 2003 (Probate Misc...
State and ors. Vs. Tapan Ku.Mallick
Court: Orissa
Decided on: Jan-29-2014
W.P.(C) No.22326 of 2013 04. 29.01.2014 Heard. This writ application has been filed by the petitioners-State challenging the order dated 09.02.2012 passed in O.A.No.1674 of 2007 by the learned State Administrative Tribunal, Bhubaneswar. The case revolves round the question as to whether the amended Pension Rules, 2005 can be retrospectively made applicable to the case of the opposite party, who was appointed and governed under the unamended Pension Rules ?. This Court, in the case of Shri Anand Dash and others v. State of Orissa and others in a batch of writ applications, has delivered the judgment on 24.04.2013, being, W.P.(C) No.15433 of 2012 and other connected matters holding that the amended Pension Rules, 2005 canNo.be made applicable to the persons, who acquired right under the unamended Rules. The aforesaid judgment was passed referring to a Constitution Bench - judgment of the Hon'ble Apex Court in the case of Chairman, Railway Board and others v. C.R.Rangadhamaiah and otheRs....
Sanjaya SwaIn Vs. State
Court: Orissa
Decided on: Jan-29-2014
CRLMC No.3589 of 2013 & Misc. Case No.2445 of 2013 04. 29.1.2014 Learned counsel for the opposite party nos.2 and 3 files an affidavit on behalf of opposite party no.3 in Court today, which be kept on record. Heard learned counsel for the parties. This application under Section 482 Cr.P.C.has been filed praying for quashing of the F.I.R.initiated against the petitioner in Nimapara P.S.Case No.22 of 2011, corresponding to G.R.Case No.121 of 2011, pending in the Court of learned J.M.F.C., Nimapara, under Sections 363/366 I.P.C and the criminal proceeding. The brief facts of the case is that the informantopposite party no.3, who is the father of the victim girl (opposite party no.2) lodged a written report before the I.I.C.Nimapara police station, which was registered as Nimapara P.S.Case No.22, dated 19.2.2011, under Sections 363/366 I.P.C., alleging therein that on 16.2.2011, at about 1 A.M.when the informant awoke, he saw the door of his house was opened and his daughter (opp. party no...
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