Court : Orissa
Decided on : Dec-26-2009
Reported in : 2010(I)OLR347
C.R. Mohapatra, Member1. The appellants, who are the residents of village Kankili under Talcher P.S. of Angul district, being aggrieved by the inaction of the State Pollution Control Board, Orissa, (hereinafter 'the Board') on the complaint filed by them, vide Annexure-8 have filed this appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 praying to set aside Consent Order No. 2475 dated 30.7.2008 issued by the Board vide Annexure-7 granting consent in favour of respondent No. 2 Ardee Hi-Tech Pvt. Ltd. to operate the coal washery (dry coal beneficiation plant) set up in village Kankilli. The appellants have also prayed for a direction to restrain respondent No. 2 from operating its plant.It may be stated here that the appellants had earlier filed an appeal being Appeal No. 9-A of 2007 before this Authority against the Consent Order dated 24.10.2007 issued by the Board granting consent in favour of Respondent No. 2 to Operate the plant in question. The said...
Tag this Judgment!Court : Orissa
Decided on : Dec-24-2009
Reported in : 2010(I)OLR221
R.N. Biswal, J.1. The fact giving rise to filing of the writ petition is that on 24.7.2009 at about 10.30 P.M. while the A.S.I. of Remuna Golei Out-Post along with some constables was engaged in patrol duty, he received information that four trucks being loaded with P.D.S. wheat were standing near NESCO office, instead of being driven to their respective destination, with a view to black marketing the wheat. So, the A.S.I., Remuna Golei Out-post lodged a written report before the Inspector In-Charge Industrial Area Police Station, Balasore, on the basis of which P.S. Case No. 110 of 2009 was registered under Sections 468/471/120-B of I.P.C. read with Section 7 of the Essential Commodities Act (hereinafter referred as E.C. Act) giving rise to C.T. Case No. 1381 of 2009 of the court of learned S.D.J.M., Balasore. The case was investigated into, in course of which, the I.O. (A.S.I. of Remuna Golei Out-Post) seized the wheat along with the trucks, prepared seizure list in respect thereof a...
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2009
Reported in : 109(2010)CLT247
B.P. Ray, J.1. In this Writ Petition under Articles 226 & 227 of Constitution of India, the Petitioner has challenged the Order Dated 12.03.2007 passed by Opp. Party No. 3 the Divisional Forest Officer, Satkosia Wild Life Division, Angul & Order Dated 16.04.2008 passed by the Opp. Party No. 4- Conservator of Forests, Angul Circle, Angul rejecting his application for issue of Timber Transit Permit (in short, 'T.T. Permit') for removal of trees standing over his private stitiban recorded lands situated in mouza Purunakote, Plot No. 3 of Khata No. 109/42 measuring an area of Ac. 7.93 decimals under Angul Tahasil in the district of Angul.2. In the year 1962, the Petitioner purchased the aforesaid land & has been recorded in the Record of Rights as stitiban status. The kisam of land is 'Taila'. After reclamation of the land, the Petitioner planted 3000 teak stumps in the said plot in the year 1971. In May, 1976, by a notification Under Section 18 of the Wild Life (Protection) Act, 1972, the...
Tag this Judgment!Court : Orissa
Decided on : Dec-16-2009
Reported in : 2010(I)OLR163
R.N. Biswal, J.1. In this writ petition, the petitioner challenged the legality and propriety of the judgment and order dated 24.7.2008 passed by the learned District Judge, Dhenkanal in F.A.O. No. 14 of 2007, wherein it dismissed the appeal and imposed cost of Rs. 1000/-against the petitioner and confirmed the judgment dated 10.5.2007 passed by learned Civil Judge (Sr. Divn.) Dhenkanal in Misc. Case No. 25 of 2007.2. The petitioner and opp. party No. 1 contested for the office of Naib Sarpanch of Kalanga Gram Panchayat. The petitioner having secured highest number of votes was declared elected on 10.3.2007. On 24.3.2007 opp. party No. 1 filed Election Misc. Case No. 25 of 2007 under Section 31 of the Gram Panchayat Act before learned Civil Judge (Jr. Division) Dhenkanal to declare the election of the present petitioner as null and void and to declare her to have been duly elected as Naib Sarpanch. The main ground of challenge was that the returned candidate opp. party No. 1 did not kn...
Tag this Judgment!Court : Orissa
Decided on : Dec-11-2009
Reported in : 2010(I)OLR243
Sanju Panda, J.1. In this civil revision, challenge has been made to the order dated 24.11.1988 passed by the learned Subordinate Judge, Berhampur in E.P. No. 61 of 1988.2. The facts as narrated in the civil revision are as follows:The petitioner-decree holder filed Application No. 101/1982 under Section 446(2)(b) of the Companies Act, 1956 in Company Petition No. 27 of 1977 before the High Court of Karnatak at Bangalore. On 2.6.1982, the Hon'ble Company Judge held that the case for Official Liquidator was accepted and ordered ex parte that the respondent would pay the sum of Rs. 14,331.00 together with interest at the rate of 6% per annum on the principal sum of Rs. 9,990.00 from the date of application till the date of realization. Accordingly, the said application was decreed. Further, on 3.3.1978 the Hon'ble Company Judge in Company Petition No. 27 of 1977 ordered the petitioner-company to be wound up. After the aforesaid decrees were passed, those were forwarded to one Sri B. Deba...
Tag this Judgment!Court : Orissa
Decided on : Dec-11-2009
Reported in : 2010(I)OLR325
B.P. Das, J.1. Rourkela Shramik Sangha Union through its General Secretary Shri M.D. Panicker has filed this writ petition seeking a direction to permanently restrain opposite party No. 2-the Steel Authority of India Ltd. (SAIL) and opposite party No. 3-the Rourkela Steel Plant (RSP) from proceeding with the setting up of the proposed Joint Venture Slag-based Cement Plant in terms of the advertisement issued by the SAIL in Annexure-3 as the same is opposed to public policy. The petitioner has also sought for a direction to the SAIL and RSP to take effective step for achieving full utilization of the fly ash generated by the RSP in terms of the notification dated 14.9.1999 issued by the Ministry of Environment and Forests, Govt. of India regarding management of fly ash vide Annexure-1.Annexures-3 is the advertisement issued by the SAIL and published in an English daily on 8.1.2007 inviting Expression of Interest from interested parties for Joint Venture Participation for setting up of a...
Tag this Judgment!Court : Orissa
Decided on : Dec-10-2009
Reported in : 2010(I)OLR245
Pradip Mohanty, J.1. This appeal is directed against the judgment and order dated 29.09.1999 passed by the learned Sessions Judge, Kandhamal-Boudh at Phulbani in ST. No. 61 of 1998 convicting the appellants under Section 302 of the Indian Penal Code read with Section 34 of the Code and sentencing them to undergo imprisonment for life.2. The case of the prosecution is that on 22.03.1998 at about 3.00 PM both the appellants and one Birendra Konhar dealt slaps as well as fist and kick blows to the deceased Rajeswar Konhar at Manindi hills as a result of which the deceased became unconscious. It is further alleged that at about 5.00 PM again appellant No. 1 Niranjan Konhar with the help of appellant No. 2 Bibachha Konhar assaulted the deceased by means of a tangia (axe). Due to such assault the deceased sustained severe injuries on his neck and died at the spot. Thereafter, the accused persons removed the dead-body from the spot and kept it concealed near a SALAPA tree. On the next day, i....
Tag this Judgment!Court : Orissa
Decided on : Dec-09-2009
Reported in : 2010(I)OLR173
R.N. Biswal, J.1. In this writ petition, the petitioner challenges the legality and propriety of the judgment dated 5.3.2009 passed by learned District Judge, Cuttack in Election Appeal No. 10 of 2007 reversing the judgment in part passed by learned Civil Judge (Jr. Division) Jajpur in Election Petition No. 5 of 2007.2. The opp. party was the election petitioner and the petitioner was the opp. party No. 1 in the election petition No. 5 of 2007 of the court of learned Civil Judge (Jr. Division), Jajpur. As per the case of election petitioner, he himself and four others contested the election to the office of Sarpanch of Anyasipur Gram Panchayat, reserved for O.B.C/ S.E.B.C. ladies. The election was held on 17.2.2007, wherein the opp. party No. 1 was declared elected. The election petition secured the 2nd highest votes in the fray. She filed the election petitioner under Section 31 of the Orissa Gram Panchayat Act, 1964 (hereinafter referred to as 'G.P. Act') on the ground that name of o...
Tag this Judgment!Court : Orissa
Decided on : Dec-07-2009
Reported in : 2010(I)OLR190
S.K. Mishra, J.1. Learned Addl. Standing Counsel receives notice on behalf of the State.Heard.Keeping in view the limited nature of the question involved, this Criminal Revision is disposed of at the stage of admission.A short question arises in this Revision. Should the Sessions Judge dismiss a criminal appeal for default or for non-prosecution?2. Petitioner was convicted for the offence under Section 47(a) of Bihar and Orissa Excise Act, 1915 and was sentenced to undergo simple imprisonment for two years and to pay fine of Rs. 5,000/-, in default, to undergo further simple imprisonment for six months in G.R. Case No. 118 of 2001 of the court of J.M.F.C, Baripada. Against such judgment of conviction, the appellant preferred an appeal before the learned Sessions Judge, Mayurbhanj at baripada. The Appeal was transferred to the Court of Addl. Sessions Judge, Baripada and numbered as Criminal Appeal No. 7/65 of 2008-07. The case was called for hearing on 16.09.2009, but the appellant was ...
Tag this Judgment!Court : Orissa
Decided on : Dec-04-2009
Reported in : 2010(I)OLR177
S.K. Mishra, J.1. On consent of learned Counsel for both the parties, the criminal revisions are taken up for disposal at the stage of admission.2. In these Criminal Revisions, petitioners assail the orders passed by the learned S.D.J.M., Bhubaneswar on 25.08.2006 in I.C.C. No. 901 of 2006 and in I.C.C. No. 902 of 2006, whereby he rejected the petition filed by the complainant to condone the delay in filing the complain case under Section 5 of the Limitation Act, hereinafter referred to as 'the Limitation Act', read with Section 142(b) of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').3. Brief fact of the case of the complainant-petitioner is that Orissa Rural Housing and Development Corporation Ltd. had advanced the house-building loan to the accused-opposite party. There was an outstanding dues against the accused, for which he issued two account payee cheques of Rs. 9,40,000/- each, on 28.10.2005 in favour of the complainant-Company drawn on Bank of Baro...
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