Orissa Court February 2014 Judgments
Nityananda Namtoar and Others. Vs. L.A.Officer-cum Collector, Keonjhar ...
Court: Orissa
Decided on: Feb-21-2014
HIGH COURT OF ORISSA, CUTTACK FIRST APPEAL No.53 OF 1992 From the judgment dated 10.01.1992 passed by Shri S.N.Sahoo, Sub-Judge, Champua in L.A.M.J.C. No.05 of 1989. Nityananda Namtoar and others. Appellants Versus. L.A.Officer-cum Collector, Keonjhar and another. For Appellants : For Respondents : Respondents M/s.R.Mohapatra, D.P.Dhalsamanta, S.K.Satpathy .Mr. S.B.Mohanty Additional Standing Counsel PRESENT : THE HONBLE MR. JUSTICE D.DASH ------------------------------------------------------------------------------------------------------Date of hearing : 31.01.2014 : Date of judgment: 21.02.2014 In this appeal the appellants call in question the order passed by the Learned Sub-Judge, Champua (as it was then) in a referral proceeding under Section 18 of the Land Acquisition Act ,1894 (hereinafter called the Act) declining to enhance the compensation in respect of acquisition of Ac.4.32 decimals of land.2) Admittedly, land measuring Ac.4.320 decimal of Village: -2- Matkambeda has ...
Tag this Judgment!North Odisha Farmers and Multi-purpose Cooperative L Vs. State of Odis ...
Court: Orissa
Decided on: Feb-19-2014
IN THE HIGH COURT OF ORISSA : CUTTACK W.P. (C) No.21270 of 2013 North Odisha Farmers and Multi-Purpose Cooperative Limited, Balasore .... Petitioners -VersusState of Odisha & others. For the petitioners . Opp. Parties M/s. Pitambar Acharya, Sr. Advocate, P.Pattnaik, B.K. Jena & J.Parida For the Opp. parties Mr Ashok Mohanty, Advocate General. BEFORE THE HONOURABLE CHIEF JUSTICE MR. A.K. GOEL THE HONOURABLE DR. JUSTICE A.K. RATH Date of hearing : 27.01.2014 Date of Judgment : 19.02.2014 JUDGMENT AND ORDER ( A.K. Goel, CJ.) 1. This petition seeks quashing of the Odisha Self Help Co-operatives (Repeal) Ordinance, 2013, letters dated 7.6.2013 and 17.6.2013 of the Registrar of the Co-operative Societies, Odisha for implementation thereof and direction to allow the petitioners to run the co-operative society as per the repealed provisions contained in the Orissa Self-Help Co-operatives Act, 2001 (for short, the 2001 Act.). Since during pendency of the writ petition the Ordinance has been r...
Tag this Judgment!Paradip Port Trust Vs. State
Court: Orissa
Decided on: Feb-19-2014
W.P.(C) No.3038 of 2003 W.P.(C) No.3038 of 2003, W.P.(C) Nos.17896, 22502 & 14411 of 2013 and 16497 of 2010. Present : For petitioners : Mr.R.K.Mohanty, Sr.Adv.Mr.G.Mishra, Adv.Mr.B.Mohanty, Adv.For Opp. Parties: Mr.A.Mohanty, Advocate General for State. Mr.S.K.Nayak, Sr.Adv.for Paradip Municipality Mr.G.Rath, Sr.Adv.for intervener-PPL. 13. 19.02.2014 This petition seeks direction to record the name of the petitioner in respect of the land in dispute. Case of the petitioner-Paradip Port Trust (PPT) is that the PPT was constituted as a major port in the eastern coast of Orissa. Land of 39 villages was acquired for development of Port. Demarcation of title of PPT was done and the same was statutorily confirmed. However, there was delay in completion of formalities at the end of the State Government. Settlement operations were No.completed in respect of some land. In the year 1994, the Revenue Department directed the Collector, Jagstsinghpur to demarcate the possession of Port land. There...
Tag this Judgment!Raj Kishore Lenka Vs. Republic of India
Court: Orissa
Decided on: Feb-18-2014
HIGH COURT OF ORISSA: CUTTACK. CRA No.123 of 2000 From the judgment and order dated 30.05.2000 passed by Sri A.K.Prichha, Special Judge (CBI), Bhubaneswar in T.R. Case No.118/83 of 99/96. --------Raj Kishore Lenka Appellant. Respondent. - VersusRepublic of India For Appellant : For Respondent : PRESENT: M/s S.K.Mund, D.P.Das and J.K.Panda Mr.S.Mohanty Mr.V.Narsingh (for C.B.I.) --------- THE HONOURABLE SHRI JUSTICE B.K. PATEL -----------------------------------------------------------------------------------Date of judgment: 18.02.2014 ------------------------------------------------------------------------------------B.K. PATEL, J.By the impugned judgment dated 30.05.2000 passed by learned Special Judge (CBI), Bhubaneswr in T.R. Case No.118/83 of 99/96, appellant having been found guilty of offences punishable under Section 7 and Section 13 (1)(d) of the Prevention of Corruption Act (for short the P.C.Act), has been sentenced to undergo R.I. for a period of 2 one year and also to pa...
Tag this Judgment!Chittaranjan Nandy Vs. Union of India
Court: Orissa
Decided on: Feb-18-2014
W.P.(C) No.5915 of 2013 Present : 07. 18.02.2014 Mr. Chittaranjan Nandy, petitioner in person. This petition seeks declaration that the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter called the Act) is ultravires the Constitution.2. According to the petitioner, the subject matter of enactment is No.covered by the field of legislation in any of the entries of the VIIth Schedule to the Constitution. Sections 18 and 19 of the Act which make the provisions of Sections 438 & 350 of Cr.P.C. and Probation of Offenders Act inapplicable violate fundamental rights under Articles 14 and 15 of the Constitution. We have heard the petitioner in person, who is an Advocate. Law made by Parliament canNo.be held to be beyond the legislative competence unless the same is shown to be covered by the State List. This being the position, the plea of the petitioner with regard to the lack of legislative competence canNo.be accepted. As regards the plea of violation of Ar...
Tag this Judgment!Smt.Renuka Sharma Vs. State
Court: Orissa
Decided on: Feb-17-2014
OJ.NO.5645 OF 1991 13. 17.02.2014 Heard Mr.N.K.Sahu, learned counsel for the petitioner and Mr.M.K.Sahoo, learned Additional Standing Counsel appearing for the State.2. This Writ Petition has come up to be filed with interesting question of law which is noted hereunder. The petitioner, who was recruited under OJ.Rules 1964 (for short 1964 Rules) and, was appointed on 27.01.1981 as Probationary Munsif. in Orissa Judicial Service (Class-II) seeks to challenge the seniority granted to opposite parties 1 to 18, who were recruited on the self same date but under the Orissa Judicial Service, Class-II (Munsifs) (Emergency Recruitment) Rules, 1979 (for short 1979 Rules).3. At the outset, learned counsel for the State placing reliance on the judgment of this Court in the case of Aswini Kumar Daspattanayak and others Vs. High Court of Orissa, 66 (1988) CLT 401 submits that the matter is no more res integra since the dispute has already be decided in that case.4. Mr.N.K.Sahu, learned Counsel appe...
Tag this Judgment!Purna Chandra Parida Vs. District Judge, Bhadrak and Another
Court: Orissa
Decided on: Feb-14-2014
ORISSA HIGH COURT, CUTTACK. FULL BENCH W.P.(C) No.11245 of 2012 From the Reference dated 16.07.2012 by the Division Bench consisting of Honble Sri Justice L. Mohapatra and Honble Sri Justice B.K. Patel. ---------- Purna Chandra Parida Petitioner Opposite parties Versus District Judge, Bhadrak and another For Petitioner : Mr. Sarat Kumar Behera, Advocate. For opposite parties : Mr. Bishnu Prasad Pradhan, Addl. Govt. Advocate. ------------ PRESENT: THE HONOURABLE CHIEF JUSTICE MR. A.K. GOEL, THE HONOURABLE MR. JUSTICE C.R. DASH AND THE HONOURABLE DR. JUSTICE A.K. RATH --------------------------------------------------------------------------------------------------------------------------- Date of Hearing : 09.01.2014 Date of Judgment : 14.02.2014 --------------------------------------------------------------------------------------------------------------------------- C.R. Dash, J.Whether the decision rendered by this Court in two of the earlier cases, i.e., Smt. M. Vijayalaxmi vs. Di...
Tag this Judgment!Nihar Ranjan Biswal Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-14-2014
HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.7097 of 2013 In the matter of an application under Article 226 of the Constitution of India. ----------Nihar Ranjan Biswal . Petitioner Versus State of Orissa & others For Petitioner . Opposite parties Mr. S.Patra, Advocate For Opp. Parties 1 & 3 Mr.R.K.Mohapatra, Govt. Advocate For Opp. Patty No.2 Mr. P.K.Mohanty, Advocate PRESENT: THE HONOURABLE CHIEF JUSTICE MR. A.K.GOEL AND THE HONOURABLE DR. JUSTICE A.K.RATH Date of hearing : 05.02.2014 Dr. A.K.Rath, J : Date of judgment : 14.02.2014 In this application, under Article 226 of the Constitution of India, the petitioner has prayed, inter alia, to exclude his land from the purview of the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1984 and to set aside the letter dated 9.11.2012 issued by the Government of Orissa in the Housing & Urban Development Department, vide Annexure 16, and the letter dated 23.2.2013 issued by the Member Secretary, Orissa Water Supply & Sew...
Tag this Judgment!State of Orissa Vs. Hazari Pradhan and Another
Court: Orissa
Decided on: Feb-14-2014
HIGH COURT OF ORISSA, CUTTACK GOVERNMENT APPEAL No.40 OF 1994 From the judgment dated 26.03.1994 passed by Shri E.Vasudeba Rao, learned Assistant Sessions Judge, Nayagarh in S.T. Case No.26/427 of 1993. State of Orissa Appellant Versus. Hazari Pradhan & another For Appellant : For Respondents Respondents Mr.S.K.Nayak, Addl. Govt. Advocate. : M/s. A.K.Baral, A.K.Choudhury, K.Ray M/s.P.Mohanty, S.P.Choudhury. PRESENT : THE HONBLE MR. JUSTICE D.DASH ------------------------------------------------------------------------------------------------------Date of hearing : 24.01.2014 : Date of judgment: 14.02.2014 Being aggrieved by the order of acquittal passed by the learned Assistant Sessions Judge, Nayagarh in S.T Case No.26/427 of 1993 acquitting the respondents from the charge U/s.457/395/IPC read with Section 9 (B) of Indian Explosive Substances Act this appeal has been filed by the State.2. Short case of the prosecution is that on the intervening night of 18/19.3.93 the respondents ...
Tag this Judgment!State of Orissa Vs. Sanjay Kumar Pradhan
Court: Orissa
Decided on: Feb-14-2014
HIGH COURT OF ORISSA, CUTTACK GOVERNMENT APPEAL No.13 OF 1995 From the judgment dated 22.12.1994 passed by Shri S.N.Nanda, learned Sessions Judge, Sundergarh in S.T. No.168 of 1994. State of Orissa Appellant Versus. Sanjay Kumar Pradhan For Appellant : For Respondents Respondent Mr.S.K.Nayak, Addl. Government Advocate. : M/s. D.Panigrahi,.A.Panigrahi, Mr. R.N.Panigrahi. PRESENT : THE HONBLE MR. JUSTICE D.DASH ------------------------------------------------------------------------------------------------------Date of hearing : 24.01.2014 : Date of judgment: 14.02.2014 Being aggrieved by the order of acquittal passed by the learned Sessions Judge, Sundergarh in S.T case No.168 of 1994, finding the respondent No.guilty of the charge under Section 376 IPC, this appeal has been filed by the State. 2 The case of the prosecution is that on 08.04.1994, around 3.00 P.M., the prosecutrix, (P.W.1) had gone to the hillock to see the buffaloes grazing there. On her way back, she met the respon...
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