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Orissa Court February 2014 Judgments

Feb 26 2014

Sanjaya Das Vs. State and ors.

Court: Orissa

Decided on: Feb-26-2014

HIGH COURT OF ORISSA: CUTTACK In the matter of applications under Section 114 read with Order XLVII, Rule1 C.P.C. for review of judgment dated 22.02.2012 passed in W.P.(C) No.13185 of 2006. -------RVWPET No.224 of 2012 Sanjaya Das Petitioner Versus State of Odisha and others For Petitioner Opp. Parties : For Opp. Parties : Mr.Y.Das, Senior Advocate Mr.Sandeep Parida (2) Addl. Government Advocate (for O.Ps. 1 and2) M/s Prasant Ku. Mohanty & M.K.Panda (for O.P. No.3) RVWEPT No.332 of 2012 State of Odisha and another Petitioner Versus Sanjay Das and another For Petitioner Opp. Parties : For Opp. Parties : Addl. Standing Counsel M/s Nirmal Ch. Mohanty & P.Ranjan (for O.P. No.1) RVWEPT No.7 of 2013 Cuttack Development Authority Petitioner Versus Sanjay Das and others For Petitioner Opp. Parties : For Opp. Parties : M/s Prasant Ku. Mohanty & M.K.Panda ----------- 2 P R E S E N T: THE HONOURABLE SHRI JUSTICE I. MAHANTY AND THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of Judgment: 26.0...

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Feb 26 2014

Cuttack Development Authority Vs. Sanjay Das and Others

Court: Orissa

Decided on: Feb-26-2014

HIGH COURT OF ORISSA: CUTTACK In the matter of applications under Section 114 read with Order XLVII, Rule1 C.P.C. for review of judgment dated 22.02.2012 passed in W.P.(C) No.13185 of 2006. -------RVWPET No.224 of 2012 Sanjaya Das Petitioner Versus State of Odisha and others For Petitioner Opp. Parties : For Opp. Parties : Mr.Y.Das, Senior Advocate Mr.Sandeep Parida (2) Addl. Government Advocate (for O.Ps. 1 and2) M/s Prasant Ku. Mohanty & M.K.Panda (for O.P. No.3) RVWEPT No.332 of 2012 State of Odisha and another Petitioner Versus Sanjay Das and another For Petitioner Opp. Parties : For Opp. Parties : Addl. Standing Counsel M/s Nirmal Ch. Mohanty & P.Ranjan (for O.P. No.1) RVWEPT No.7 of 2013 Cuttack Development Authority Petitioner Versus Sanjay Das and others For Petitioner Opp. Parties : For Opp. Parties : M/s Prasant Ku. Mohanty & M.K.Panda ----------- 2 P R E S E N T: THE HONOURABLE SHRI JUSTICE I. MAHANTY AND THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of Judgment: 26.0...

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Feb 26 2014

State of Odisha and Another Vs. Sanjay Das and Another

Court: Orissa

Decided on: Feb-26-2014

HIGH COURT OF ORISSA: CUTTACK In the matter of applications under Section 114 read with Order XLVII, Rule1 C.P.C. for review of judgment dated 22.02.2012 passed in W.P.(C) No.13185 of 2006. -------RVWPET No.224 of 2012 Sanjaya Das Petitioner Versus State of Odisha and others For Petitioner Opp. Parties : For Opp. Parties : Mr.Y.Das, Senior Advocate Mr.Sandeep Parida (2) Addl. Government Advocate (for O.Ps. 1 and2) M/s Prasant Ku. Mohanty & M.K.Panda (for O.P. No.3) RVWEPT No.332 of 2012 State of Odisha and another Petitioner Versus Sanjay Das and another For Petitioner Opp. Parties : For Opp. Parties : Addl. Standing Counsel M/s Nirmal Ch. Mohanty & P.Ranjan (for O.P. No.1) RVWEPT No.7 of 2013 Cuttack Development Authority Petitioner Versus Sanjay Das and others For Petitioner Opp. Parties : For Opp. Parties : M/s Prasant Ku. Mohanty & M.K.Panda ----------- 2 P R E S E N T: THE HONOURABLE SHRI JUSTICE I. MAHANTY AND THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of Judgment: 26.0...

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Feb 25 2014

Sukhchand Adhikari Vs. State of Orissa

Court: Orissa

Decided on: Feb-25-2014

HIGH COURT OF ORISSA, CUTTACK JAIL CRIMINAL APPEAL No.07 OF 2004 From the judgment dated 20.10.2003 passed by Shri B.C.Rath, C.J.M.Assistant Sessions Judge, Nabarangpur in C.T. No.39 of 2002. Sukhchand Adhikari Appellant Versus. State of Orissa For Appellant : For Respondent : Respondent Mr.Sarat Chandra Panda. Mr. S.K.Nayak Addl. Government Advocate. PRESENT : THE HONBLE MR. JUSTICE D.DASH ------------------------------------------------------------------------------------------------------Date of hearing : 14.02.2014 : Date of judgment: 25.02.2014 This jail criminal appeal has been preferred by the convict challenging the judgment of conviction and sentence passed by the learned C.J.M.-Cum-Assistant Sessions Judge, Nabarangpur in S.T. Case no.39 of 2002. By the impugned judgment the appellant has been convicted for the offence under Section 398 of IPC and Section 9(B)(3)(A) of the Explosive Act and sentence to under go rigorous imprisonment for a period of 7 years with payment of...

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Feb 21 2014

Bijaya Ku.Mohapatra Vs. State and ors.

Court: Orissa

Decided on: Feb-21-2014

W.P.(C) No.16248 of 2013 Present : 06. 21.02.2014 Mr.B.Routray, Sr.Adv.for the petitioner. Mr.R.K.Mohapatra, Govt. Advocate for opp. parties This petition seeks direction to disbuRs.the Incentive Allowance to the petitioner within a reasonable time. According to the averments in the writ petition, the OPWD Code provides for payment of incentives on timely completion of the work. In spite of early completion of the work in question by the petitioner, the said incentive was No.given as per provisions of OPWD Code, thereby violating the policy of the Government of Odisha. According to the petitioner, the Chief Engineeropposite party No.2 has been delaying the matter. On 06.09.2013, this Court directed the Chief Engineer-O.P.No.2 to take decision in the matter within two weeks. Thereafter on 29.11.2013 statement was made by the learned Addl. Government Advocate that the decision in terms of the order dated 6.9.2013 shall be taken before the next date. Again on 7.2.2014, on the request of t...

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Feb 21 2014

M/S.Sgbl(India)ltd Vs. Bsnl

Court: Orissa

Decided on: Feb-21-2014

W.P.(C) No.4284 of 2013 Present : 06. 21.02.2014 Mr.Anjan Ku.Biswal Adv.for the petitioneRs.Mr.H.K.Mohanty, Adv.for O.P.No.3 This petition seeks quashing of notice dated 31.01.2013, Annexure-6, inviting Expression of Interest FiRs.Round. for Franchiseeship of BSNL products and services for sales and distribution in Odisha TeleCo.Circle. Case of the petitioners is that they are the existing franchisees of BSNL under Odisha TeleCo.Circle for sale and distribution of BSNL products. The BSNL introduced the CM Sales 07.06.2012. and Distribution Policy, 2012 on Thereafter the impugned notice, inviting expression of interest, dated 31.1.2013 was issued. In the said notice the right of existing franchisee to participate has been restricted as follows: Section 2: Franchisee Territories.A.. xx xx xx xx d. In case of existing franchisee if the numbers of migrated territories are two then he cant participate in the fiRs.round EOI. If he has migrated in two territories then he can participate for o...

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Feb 21 2014

Md. Babujan @ Imran Khan Vs. State of Orissa

Court: Orissa

Decided on: Feb-21-2014

HIGH COURT OF ORISSA, CUTTACK JAIL CRIMINAL APPEAL NOs. 54 & 55 OF 2004 From the judgment dated 02.04.2004 passed by Shri K.B.Swain, Ad hoc Additional District & Sessions Judge, (FTC), Rourkela in S.T. Case No.151/47 of 2003. JAIL CRIMINAL APPEAL No.54 OF 2004 Md. Ramjan Appellant Versus. State of Orissa Respondent For Appellant : Mr. Suman Modi. For Respondent : Mr. S.B.Mohanty. Additional Standing Counsel JAIL CRIMINAL APPEAL No.55 OF 2004 Md. Babujan @ Imran Khan Appellant Versus. State of Orissa For Appellant : For Respondent : Respondent Ms. Gangadhar Patra, N.R.Tripathy Mr. S.B.Mohanty. Additional Standing Counsel PRESENT : THE HONBLE MR. JUSTICE D.DASH ------------------------------------------------------------------------------------------------------Date of hearing : 14.02.2014 : Date of judgment: 21.02.2014 The appellants separately in above two jail criminal appeals have assailed the judgment of conviction and sentence passed by the learned -2- Ad hoc Additional Sessi...

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Feb 21 2014

Md. Ramjan Vs. State of Orissa

Court: Orissa

Decided on: Feb-21-2014

HIGH COURT OF ORISSA, CUTTACK JAIL CRIMINAL APPEAL NOs. 54 & 55 OF 2004 From the judgment dated 02.04.2004 passed by Shri K.B.Swain, Ad hoc Additional District & Sessions Judge, (FTC), Rourkela in S.T. Case No.151/47 of 2003. JAIL CRIMINAL APPEAL No.54 OF 2004 Md. Ramjan Appellant Versus. State of Orissa Respondent For Appellant : Mr. Suman Modi. For Respondent : Mr. S.B.Mohanty. Additional Standing Counsel JAIL CRIMINAL APPEAL No.55 OF 2004 Md. Babujan @ Imran Khan Appellant Versus. State of Orissa For Appellant : For Respondent : Respondent Ms. Gangadhar Patra, N.R.Tripathy Mr. S.B.Mohanty. Additional Standing Counsel PRESENT : THE HONBLE MR. JUSTICE D.DASH ------------------------------------------------------------------------------------------------------Date of hearing : 14.02.2014 : Date of judgment: 21.02.2014 The appellants separately in above two jail criminal appeals have assailed the judgment of conviction and sentence passed by the learned -2- Ad hoc Additional Sessi...

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Feb 21 2014

Pawan Kumar Prasad Vs. State of Orissa

Court: Orissa

Decided on: Feb-21-2014

HIGH COURT OF ORISSA, CUTTACK JAIL CRIMINAL APPEAL No.28 OF 2004 From the judgment dated 06.02.2004 passed by Shri K.B.Swain, Ad hoc Additional District & Sessions Judge, F.T.C., Rourkela in S.T.No.163/30 of 2003. Pawan Kumar Prasad Appellant Versus. State of Orissa For Appellant : For Respondent : Respondent Mr.Damodar Sahu. Mr.S.B.Mohanty. Additional Standing Counsel PRESENT : THE HONBLE Mr.JUSTICE D.DASH ------------------------------------------------------------------------------------------------------Date of hearing : 14.02.2014 : Date of judgment: 21.02.2014 The appellant in this appeal has called in question the judgement and conviction passed by the Learned Ad hoc Additional District and Sessions Judge, FTC, Rourkela in ST Case No-163/30 of 2003 from inside the jail.2) By the aforesaid judgement the appellant has been convicted for committing offences U/s.376(2) and 366-A of I.P.C and accordingly has -2- been sentenced to undergo rigorous imprisonment for a period of 10 y...

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Feb 21 2014

Sanatan Jena @ Tera Vs. State of Orissa

Court: Orissa

Decided on: Feb-21-2014

HIGH COURT OF ORISSA, CUTTACK JAIL CRIMINAL APPEAL No.50 OF 2004 From the judgment dated 22.03.2004 passed by Shri J.P.Chand, Assistant Sessions Judge, Jajpur in S.T. No.676 of 2001. Sanatan Jena @ Tera Appellant Versus. State of Orissa For Appellant : For Respondent : Respondent Mr.Damodar Sahu. Mr. S.B.Mohanty. Additional Standing Counsel PRESENT : THE HONBLE MR. JUSTICE D.DASH ------------------------------------------------------------------------------------------------------Date of hearing : 14.02.2014 : Date of judgment: 21.02.2014 This Jail Criminal Appeal has been preferred by the convict challenging that judgment of conviction and sentence passed by the Assistant Sessions Judge, Jajpur in S.T. Case No.676 of 2001. By the impugned judgment, the appellant has been convicted for commission of offence under Section 376(2)(f) of I.P.C. and has been sentenced to undergo rigorous imprisonment for period of 10 years with fine of Rs. 1,000/- (Rupees one thousand) in default to und...

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