Court : Orissa
Reported in : 100(2005)CLT555; 2005(II)OLR779
M.M. Das, J. 1. This Writ Appeal has been filed under Clause 10 of the Letters Patent against an order dated 1.7.2005 of the Learned Single Judge passed in O.J.C. No. 17341 of 2001.2. The brief facts of the case are that respondent No. 1 filed Title Suit No. 164 of 1979 against the appellant to set aside a sale deed, which was executed and registered by one Gajendra Acharya in favour of the appellant with respect to the 'A' Schedule property of the plaint for a consideration of Rs. 2000/-. The grounds taken in the plaint were that the sale deed was obtained by playing fraud and coercing the vendor. The appellant's case was that the plaintiff-respondent No. 1 realizing that the suit would be dismissed got a compromise petition filed in the suit, which according to the appellant was obtained by the respondent No. 1 by playing fraud on the appellant. However, on the Court causing an enquiry under Order 23, Rule 3 of the CPC, held that the compromise was lawful and the same was made a part...
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HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.31804 of 2011 In the matter of applications under Articles 226 and 227 of the Constitution of India. -------M/s. Selvel Advertising Private Ltd., represented through its Attorney Mr. Tarak Majumdar, aged about 42 years, S/o. Late Gouranga Majumdar, E/M-34, Basanti Colony, Rourkela, Dist: Sundargarh and others Petitioners State of Orissa and others Opp. Parties For Petitioners Mr.Jayant Das, Senior Advocate M/s. Goutam Mukherji, P.Mukherji, A.C.Panda, S.Mishra, S.Das & S.D.Ray -Versus- : For Opp. Parties : M/s Rama Kanta Mohapatra, P.K. Nayak, H.B. Dash, G.Mohapatra (For O.P. Nos. 2 &3) ---------- P R E S E N T: THE HONOURABLE THE CHIEF JUSTICE SHRI V.GOPALA GOWDA AND THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of Judgment:12. 12.2012 B.N. Mahapatra, J.This writ petition has been filed with a prayer to quash the Rourkela Municipality Regulations of tax on advertisement, 2010 made on 4th January, 2011 (Annexure-1) by the Rourkela Municipality...
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori169
Ray, C.J. 1. The petition ig directed against an order of remand passed by Sri B. C. Das, District Judge of Cuttaok-Dbenkanal, in Miscellaneous Appeal No. 87 of 1948, reversing an order dated, 4th qetober 1948 of Sri B. S. Patnaik, Additional Subordinate Judge of Cuttack, in Money Suit No. 8/342 of 1948/47. The suit was for recovery of Rs. 2193-12-0 being the sum borrowed with interest accrued thereon, under two handnotes executed by the opposite party in favour of the petitioner. The defendant resisted the suit, while accepting that the hand-notes were genuine and for consideration, with a plea of payment. The material date on which and since when the events giving rise to this application occurred is 3rd July 1948. On that date, the plaintiff was ready to go on with the hearing of the suit, and filed a list of witnesses. The defendant interposed a plea, as a barrier to the suit, by a petition purporting to be one undtr Order 23, Rule 3, Civil P. C. for recording as a compromise an aw...
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Reported in : AIR1951Ori105; 16(1950)CLT249
Das, J.1. This appeal arises in execution of a decree for ejectment obtained by the respondent against the appellant, in respect of a house situated in the town of Cuttack. The respondent is admittedly the owner of the house. The appellant was occupying the house on a monthly tenancy under her. During the time when the House Rent Control Order of 1942 was in force, she obtained from the House Controller, an order dated 15-8 44 exempting her from the operation of B. 4 thereof. On 13-9-44, she gave the tenant a notice, requiring him to vacate the premises by 1-1044 and also calling upon him to pay up the arrear.3 of rent by then due. She filed a suit for ejectment O. S. No. 71/45 on 26-2-1945 and obtained a decree on 17-12-1945. She proceeded to execute the decree by execution case no. 230/46 filed on 30.4.1946 which was adjourned from time to time by arrangement between the parties and was ultimately dismissed for default on 7-5-1917. On 10-5-1917, the decree-holder respondent filed a f...
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Reported in : AIR1952Ori1; 17(1951)CLT320
Narasimham, J.1. The petitioners are all students of the 2nd year M.B.B.S., Class of Shri Ramachandra Bhanj, Medical College, Cuttack. They appeared for the 1st M.B.B.S., examination of the Utkal University in Anatomy and Physiology in April 1951. The examination in Anatomy consisted of three parts, namely, (1) written (2) oral and (3) viva voce. The written examination consisted of two papers and it was held on the 9th and 10th April 1951. The practical examination was held on the 19th April, 1951 and the viva was held on the 28th April. The examinations were conducted by a Board of examiners which submitted the results to the Sydicate on the 21st April 1951. The Syndicate, instead of approving and publishing the results, passed the following resolution on that date.'Resolution No. 336: Considered the information received from the Vice-chancellor in connection with the First M.B.B.S., examination in Anatomy held on the 9th April, 1951 and on subsequent days and in this connection exam...
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Reported in : AIR1956Ori114
P.V.B. Rao, J. 1. These two petitions are heard together as they involve common questions of law and fact, and are disposed of by this judgment. 2. O. J. C. 81 of 1955 was tiled by 41 petitioners on 24-2-1955, and O. J. C. 152 of 1955 was filed by 48 petitioners on 2-5-55. The petitioners in both the applications are residents of village Harinikuli, Chaumukha, Dagara, Nagudi, Saranjapur, Naighati Pakundi, Jamukunda, Manikisimulia, Jugadihand Badasaha in the district of Balasore bordering on the western flank of the river Subarnarekha at its lowest reach before it falls into the Bay of Bengal. These applications are filed under Article 228 of the Constitution praying for the issue of a writ in the nature of mandamus directing the opposite party, the State of Orissa, to refrain from proceeding with the land acquisition proceedings as the notification issued by the Government under Section 4, read with Section 17(4), Land Acquisition Act, is ultra vires, illegal and without jurisdiction, ...
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Reported in : AIR1958Ori168; 1958CriLJ1055
R.L. Narasimham, C.J.1. This is a proceeding for contempt started against the former Chief Minister of Orissa, Sri Naba Krishna Choudhury in respect of a speech made by him in the Orissa Legislative Assembly on 8-3-1956. An extract from the speech was published in a local daily known as 'Matrubhumi' on 10-3-1956. The Editor and the Printer and Publisher of the said daily were also called upon to show cause why they may not be committed for contempt, but they have both tendered an unqualified apology.2. In October 1953 a Division Bench of this Court, (Panigrahi C. J. and Mohapatra J) in an application under Article 226 of the Constitution filed by one of the Zammdars of Ganjam district delivered judgment holding that the survey made in Ganjam District was not authorised by law inasmuch as the proper notification under the Madras Survey and Boundaries Act of 1923 was not issued, and also gave consequential reliefs to the applicant. This judgment was reported in Mohan Prasad Singh Deo v. ...
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Reported in : AIR1963Ori189
Misra, J.1. AHO. 13/61-- This appeal arises out of an application by Sri Shanti Prasad Jain under Sections 397, 398, 402 and 403 of the Companies Act, 1956 (hereinafter caned the Act). As there are large number of appeals and the descriptions of the parties as appellants and respondents may lead to confusion, the parties would be described in this judgment as petitioner and respondents in terms or the petition dated 14th September, 1960. The petitioners case is as follows :--(A) Kalinga Tubes Limited (hereinafter to be reterred to as the Company) is a Company incorporated under the Indian Companies Act having its registered office at Chod-war in Cuttack district. The petitioner is a holder of 3000 shares of the value of Rs. 100.0.0 each. Those shares are fully paid up and all calls due have been duly paid. The petitioner obtained consent in writing under Section 399 or the Act of the shareholders holding 13,083 shares. The holdings of the petitioner and of the consenting share-holders ...
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Reported in : AIR1973Ori244; 1976CriLJ405
G.K. Misra, C.J. 1. By order of the Full Court to initiate a proceeding for contempt, the Registrar of the High Court issued the contempt notice dated 3-7-1972 (here-inafter to be referred to as the Notice) to Shri Baradakanta Misra, the alleged contem-ner (hereinafter to be referred to as the contemner) calling upon him to appear in person and to show cause on 3-8-1972 as to why be shall not be punished or any other appropriate order not be passed against him for contempt of the High Court. On 26-7-1972 the contemner filed a petition by way of preliminary reply. On 7-8-1972 be filed his show-cause application. The contemrer filed Criminal Appeal No. 174/72 before the Supreme Court to quash the notice. Therein he made the State of Orissa a party through its Chief Secretary. The Legal Re-membrancer-cum-the ex-officio Additional Secretary, Law Department, filed an affidavit (Annexure-1) before the Supreme Court on behalf of the State giving detailed history with reference to the averment...
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori52
G.K. Misra, C.J. 1. The writ application has been filed by 74 persons, they were all members of the Orissa Legislative Assembly which was dissolve ed by the Proclamation dated 3rd March. 1973 issued by the President of India under Article 356 of the Constitution (hereinafter to be referred to as the Proclamation). 2. The substantial averments in the Writ application may be stated in short hereunder. Shri Bijayananda Patnaik alias Biju Patnaik (petitioner No. 1) was the leader of the Pragati party and of the Opposition in the Orissa Legislature. Petitioners 1 to 71 are members of the Prasati party, peti-tioner No. 72 is an Independent member and petitioners Nos. 73 and 74 are mem-bers of the Jharkhand party. On 9th of January, 1971 the Swatantra jana Congress ministry resigned The resignation was forthwith accepted by the Governor without asking the Chief Minister to carry on the administration until alternative arrangement was made. There was a constitutional void till 11th January, 19...
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