Court : Orissa
Reported in : 2008(I)OLR283
..... stands excluded. according to him, the civil court has no jurisdiction to go into the question of validity or legality of the notification under section 4 and declaration under section 6 of the act and that only the high court in exercise of the jurisdiction under articles 226 of the constitution can go into these aspects. to support ..... state of bihar v. dhirendra kumar (supra), the suit was filed before the civil court challenging the validity of the notification under section 4 and declaration under section 6 of the l.a. act. the apex court after examining the legal position made the following observation.the question is whether a civil suit is maintainable and whether ..... the state is entitled to take immediate possession even before the award could be made. otherwise, it would take possession after the award under section 12. thus, it could be seen that the act is a complete code in itself and is meant to serve public purpose. we are, therefore, inclined to think, as presently advised, .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR368
..... the station diary and subsequently a formal f.i.r. was drawn up and investigation was undertaken. on completion of investigation, charge-sheet was submitted for commission of offence under section 302 i.p.c.3. the plea of the appellant is complete denial of the prosecution allegation and it was specific case of the appellant that the deceased committed suicide ..... l. mohapatra, j.1. the appellant having been convicted for commission of offence under section 302 of the indian penal code and sentenced to imprisonment for life in s.t. no. 31 of 1999 by the learned sessions judge, khurda at bhubaneswar has preferred this .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT865; 2008(I)OLR174
..... of attorney cannot give evidence on behalf of the plaintiff and even if power of attorney gives evidence, the plaintiff cannot escape the adverse inference of section 114 of the evidence act. in support of this contention, he relies on the cases of chinta narayanamma alias chinta ammayamma v. kholli sahu and ors. 54 (1982) c ..... -consideration of the evidence and the submission of the counsel for the parties, learned first appellate court in the impugned judgment held that the notice under section 106 of the act is valid, that the tenancy did not continue by waiver or holding over, that there was bona fide requirement of the landlord and accordingly, dismissed ..... from rs. 1000/- to rs. 1500/- per month. in the written statement, they further averred that the plaintiff-respondent even after serving the notice under section 106 of the act received rent from them, thereby waiving the quit notice allowed the defendants to continue in the suit house as tenants by holding over.4. learned trial .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR262
..... the state against the award passed by learned civil judge (senior division), first court, cuttack in l.a. misc. case no. 38/87 answering a reference under section 18 of the l.a. act.ac. 0.66 decimals of land appertaining to khata no. 703 of village-nimpur belonging to the claimant-respondents was acquired for the purpose of mahanadi-birupa barrage ..... project by notification published under section 4(1) of the l.a. act (hereinafter referred to as 'the act') dated 07.05.1983. the land acquisition collector awarded compensation at the rate of rs. 1,00,000/- per acre for gharbari and rs .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori77; (2008)106CALLT222; 2008(I)OLR213
..... 80 (1995) clt529. while deciding the second appeal, a question was raised before the court with regard to maintainability of the suit on the ground that notice under section 349 of the orissa municipal act, 1950 had not been served prior to filing of the suit. in connection with the above point raised, the court examined ..... of further suit, it cannot be said to be a case decided.6. section 80 of the civil procedure code provides that save as otherwise provided in sub-section (2) no suit shall be instituted against the government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the ..... expiration of two months next after notice in writing has been delivered to or left at the office of the category of officers mentioned in sub-section (1) of the said section. sub-section (2) of the said section makes an exception and .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT302; 2008(I)OLR16
ORDERN. Prusty, J.1. The petitioner is presently working as Lecturer in Geology in Adikabi Saraladas College, Tirtol in the district of Jagatsinghpur. It is submitted that his service has been approved and he is receiving his salary regularly. But unfortunately his arrear salary for the period from June 1986 to November 1987 and arrear differential Salary from December 1987 to September 1993 have not been disbursed thereby causing great prejudice to him.2. Heard. Mr. Mohanty, learned Counsel for the petitioner and Mr. Mishra, learned Additional Government Advocate for the State.3. As it appears in this writ petition, the petitioner has claimed his arrear salary for the years 1986 to 1987 and 1987 to 1993. As such in the meantime about 21 years have passed from the date of his initial claim of 1986 and 14 years have passed from the date of his final claim of 1993. Law is well settled that even though there is no prescribed period of limitation for filing a writ petition, but the same sh...
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR219
..... any defence evidence.trial court determined the factum of homicidal death and found complicity of the accused persons in the crime and accordingly convicted them for the offence under sections 302/34 i.p.c. in that process trial court did not accept the allegation of the love affairs between the accused persons. trial court also acquitted the ..... and written report (ext. 4), further investigation was undertaken and ultimately charge sheet was filed. after commitment of the case, trial court framed charge for the offence under section 302/34 i.p.c.5. to substantiate the case, prosecution examined as many as 16 witnesses and relied on all the relevant documents marked as ext. 1 to ..... his chest, accused sanjaya throttled his neck. at that time accused pravati put her hand on the mouth of the deceased to gag it. because of the aforesaid overt act, santosh died at the spot and thereafter, to give it colour of suicide the dead body was hung on the nearby premises by fixing a rope on the rafter .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT50; 2008(1)OLR65
ORDERN. Prusty, J.1. The Petitioner, response to the notification dated 10.04.2006 (Annexure-1), had applied for her engagement as Anganwadi Worker in respect of Gauriprasad Anganwadi Centre under Chandbali I.C.D.S. Project in the District of Bhadrak. The above said advertisement was made while the old guidelines, with regard to engagement of Anganwadi worker, was in vogue.2. It is submitted that after submission of applications, the process of selection commenced and while the same was almost at the stage of completion, another 'guidelines with regard to engagement of Anganwadi Worker' was issued by the Government on 02.05.2007 in supersession of earlier guidelines. There was no clause in the new guidelines stipulating anything as to whether the same would have prospective on retrospective effect. But in the forwarding letter of the Commissioner-cum-Secretary it has been mentioned that:Wherever the Anganwadi Workers have not been selected and engaged as per the earlier guidelines, the...
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT277
..... reference to his order dated 11.08.1993 and pass an order whether rent should be collected from the petitioner recognizing him as a tenant as provided under section 8(1) of the act.3. thereafter, the petitioner appeared before the additional tahasildar and the additional tahasildar dismissed the claim of the petitioner on 30.12.1996 holding that the ..... a report from the collector, set aside the order dated 1.10.1982 passed by the tahasildar, initiated a suo-motu revision in exercise of his power under section 38(b) of the act and by order dated 28.3.1984, reversed the order passed by the tahasildar. against the said order, the petitioner filed o.j.c. nos. 1047& ..... for report from the revenue inspector and after going through all the reports submitted by the revenue inspector and amin, accepted the petitioner as a tenant under section 8(1) of the act in respect of the disputed land and the rent was fixed with effect from 1963-64. by order dated 1.10.1982, the tahasildar referred the matter .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT377; 2008(I)OLR87
..... him a suitable land in lieu of the land taken by the authority under the land acquisition proceeding to which he was entitled under sub-section 2 (b) of section 78 of the act, 1956 as the said act was prevailing at the relevant time. that apart, the government had also requested the c.d.a. to give an alternative plot to the ..... , the same has been repealed and the c.d.a. is now the competent authority to deal with the matter. thus, the c.d.a. under section 128 of the orissa development authorities act, 1982 has a statutory obligation to offer a suitable plot to the petitioner.4. after receipt of the allotment order on 3.4.1996, petitioner applied to ..... such an offer can be made, without detriment to the carrying out of the purpose of this act.(3) xxx xxx xxx(emphasis supplied)as against the above provisions of section 78 of the act, 1956, the provisions of its section 37 and 34 (2)(iii) of the act read as follows:37. re-housing scheme - the planning authority may frame schemes for development .....
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