Court : Orissa
Reported in : AIR1976Ori85
ORDERS.K. Ray, J. 1. The Last general election to the Orissa Legislative Assembly was held in the month of February, 1974 pursuant to a notification calling upon all Assembly Constituencies in the State of Orissa to elect members to the said Assembly. In the notification a period between 22nd to 29th of January, 1974 was fixed for filing of nomination papers. The date for scrutiny of nomination papers was specified to be held on 30-1-74. Polling for the election took place on 26-2-74 and the result was declared on 28-2-74.2. Bhadrak Assembly constituency is a single member general constituency. From this constituency four nomination papers were duly filed in favour of the petitioner. The respondent also was nominated as a candidate for election from this constituency and nomination papers were duly presented on his behalf. At the time of scrutiny an objection was raised at the instance of one Balaram Sahu before the Returning Officer that the petitioner was disqualified for being chose...
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori100
R.N. Misra, J.1. The petitioner is a public limited company with its registered office at Calcutta. It has several factories at different places all over the country and one of them is at Hirakud in the district of Sambalpur under our territorial jurisdiction where smelting operation is carried. It entered into a contract in June, 1957, with the State Government of Orissa for purchase of electric power for this factory at Hirakud. When it required additional electric power after going into production, a subsequent contract was entered between those parties on the 11th of February, 1960. Article 3 of both the agreements (Annexures 1 and 2) provides that the agreements would remain valid for 25 years from 1957 with the consumer's option for a renewal.The Orissa State Electricity Board (hereafter referred to as the Board) was constituted under Electricity (Supply) Act, 54 of 1948 (hereafter referred to as the Act) with effect from 1st of March, 1961. The petitioner alleges that under the ...
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR375
S.C. Mohapatra, J.1. Dismissal of the suit for recovery of money on finding that the same is not maintainable is grievance of plaintiff in this appeal.2. Case of plaintiff is that he is the Managing Partner of a Firm. Defendant No. 1 is also a Firm with defendant Nos. 2 to 5 as its partners. Plaintiff is a merchant carrying on business of purchase and sale of goods including tobacco. Defendant No. 1 -Firm is a reputed tobacco merchant in Eastern India who carries on business on commission also. Defendant-firm entered into a contract to supply tobacco to plaintiff at its godown at Puri. Plaintiff has paid on various dates a sum of Rs. 88,300/- as detailed in the schedule to the plaints Defendants supplied tobacco worth Rs. 65,469.16 paise. After accounts were taken in respect of transactions between the parties, it was found that a sum of Rs. 22,842.84 paise is outstanding against defendants. Notice was sent for refund of the amount and the same having not been refunded,'suit has been f...
Tag this Judgment!Court : Orissa
Reported in : 1998(II)OLR214
P.K. Misra, J. 1. Having been vanquished in the Eleventh General Assembly Election to the Legislative Assembly in the State of Orissa from 42-Govindpur Assembly Constituency, by a mere 85 votes, the petitioner has filed this election petition challenging the election of respondent No. 1 and seeking for a relief that he himself should be declared to have been elected.2. The election took place on 9.3.1995 and the counting took place in Ravenshaw Collegiate School on 11.3.1995 and 12.3.1995. The petitioner who was contesting as a candidate of Indian National Congress secured 55,936 votes, whereas respondent No. 1 who was contesting as a candidate of Janata Dal secured 56,021. The petitioner alleges that the result of the election has been materially affected by the improper acceptance of invalid votes which have been counted in favour of respondent No. 1 and improper rejection of valid votes which should have been counted in favour of the petitioner. It is alleged by the petitioner that ...
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT642; 2003CriLJ123; 2002(II)OLR495
M. Papanna, J.1. This is a Death Reference under Section 366 of the Code of Criminal Procedure made by the learned Additional Sessions Judge, Koraput (Jeypore), who on conclusion of trial in Sessions Case No. 8 of 1999 convicted the accused under Sections 302/392 of the Indian Penal Code and imposed on him an extreme penalty of death and sought for confirmation of the death sentence against him. The accused challenged the impugned conviction and sentence by preferring an appeal from jail. The Death Reference as well as the Jail Criminal Appeal having given rise to common questions of fact and law, were heard analogously and are being disposed of by this common judgment.2. Prosecution case is that Anirudha Sahu, a Peon of Sales Tax Department along with his wife and daughter, was residing in Flat No. DCF-F/79 in the Irrigation Colony at Jeypore at the material time. The accused is of village Niranguda. He happens to be the agnetic nephew of the deceased Anirudha. He was carrying on turm...
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR166
A.S. Naidu, J.1. Land measuring Ac. 0.413 decimals in village Raghunathpur under Tahsil Chhatrapur in the district of Ganjam was acquired by the State for public purpose. The Notification Under Section 4(1) of the Land Acquisition Act was published on August 9, 1992. The Land Acquisition Collector awarded a compensation of Rs. 2,785.30 paise. The original claimant having filed an application for reference Under Section 18 of the Land Acquisition Act. the Collector referred the case to the Subordinate Judge, Chhatrapur and the reference case was registered as MJC No. 80 of 1987. It appears that at the time of hearing of the said M. J.C. no one appeared on behalf of the claimant and the Subordinate Judge, Chhatrapur by his judgment and order dated October 30, 1989 disposed of the said case by enhancing the solatium from 1 2% per annum to 13% per annum. After about 5 years on May 2. 1994. N. Budhiamma filed First Appeal No. 181 of 1994 alongwith an application for condonation of delay in ...
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR412
P.K. Tripathy, J.1. Both the petitioners are the accused persons in G. R. Case No. 94 of 1998 of the Court of J, M. F. C., Kantabanji. In that case learned Magistrate took cognizance of the offence under Section 367, I.P.C. read with Section 25 of the Inter-State Migrant Workmen (Regulation of Employment and Condition of Services) Act, 1979 (in short 'the Act 1979'). Petitioners moved an application in the Court below to recall that order of cognizance on the ground of absence of prima, facie case. That application having been rejected by learned J.M.F.C. as per the impugned order dated 21.3.2001 petitioners have moved this application under Section 482, Cr.P.C.2. At the stage of argument, Mr. D. P. Dhal, learned counsel for the petitioner has confined his prayer to .quash the order of cognizance with respect to the offences under Section 367, I.P.C. He argues that though the offence under Section 25 of the Act, 1979 is also not absolutely made out but there being ah arguable point, pe...
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori131; 103(2007)CLT118
A.K. Parichha, J.1. This is an appeal against the order of the learned Subordinate Judge, Aska passed in T.A. No. 19 of 1982 confirming the judgment and decree of the learned Munsif, Aska in T.S. No. 15 of 1980 dismissing the suit of the plaintiff-appellant against the defendant-respondent.2. Plaintiff-appellant's case was that he purchased the suit land measuring 6 cubits north to south, 30 cubits east to west standing on Survey No. 115/11 in patta No. 35 of village Nuagam on 8-9-1976 from one Sahadev Nayak, who had purchased that land from one Bhobani Nayak on 18-5-1965 in the name of his wife Late Kishori Deby by way of benami transaction. The defendant-respondent whose house adjoins the suit site encroached into the suit land measuring an extent of 4 x 30 cubits in spite of protest of the plaintiff-appellant. The plaintiff accordingly filed the suit for a direction to the defendant-respondent to vacate the suit land, to restore the suit site to its original condition at his own cos...
Tag this Judgment!Court : Orissa
Reported in : 2007CriLJ3445
I. Mahanty, J.1. The present appeal under Section 374 of the Code of Criminal Procedure has been filed challenging the order of conviction passed on 26-7-1993 by the learned Special Judge-cum-Sessions Judge, Koraput, Jeypore in Sessions Case No. 148 of 1992 who found the accused guilty under Section 376, IPC read with Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') and having convicted appellant thereunder, sentenced him to undergo rigorous imprisonment for life in view of Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.2. The prosecution case in brief is that, on 11-3-1992 at about 7.00 p.m. the victim had been to attend the call of nature and while she was returning home by road the accused appellant came behind her and forcibly lifted her to his thrashing floor and committed rape on her. At the time of commission of rape she shouted and hearing her hue and...
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR683
B.P. Das, J.1. Both these appeals being Arbitration Appeal Nos. 12 and 13 of the 2006 have been filed by M/s. Bhanja Minerals Pvt. Ltd. challenging separate orders dated 13.7.2006 passed by the District Judge, Cuttack, in Arbitration Petition No. 93 of 2006 and No. 92 of 2006 respectively. Both the appeals being inter-linked and common questions of facts and law being involved in the same, they were, with the consent of learned Counsel for the parties, heard together and are being disposed of by this common judgment.2. The appellant-M/s. Bhanja Minerals Pvt. Ltd. ('BMPL' in short), which is a company registered under the Companies Act,1956, holds lease of an iron ore mines known as 'Inganijharan Iron and Manganese Mines' in Keonjhar district granted by the Govt. of Orissa. On 21.2.2003, BMPL entered into an agreement/contract with M/s. Technicast Engineers Ltd., ('Technicast' hereinafter), which is also a company registered under the Companies Act, 1956 having its registered office in ...
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