Court : Orissa
Reported in : II(2008)DMC110; 2008(I)OLR310
ORDERM.M. Das, J.Heard learned Counsel for the petitioner, learned Counsel for the informant and the learned Counsel for the State.This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner.1. Allegation of commission of offence under Sections 498A/34 I.P.C. read with Section 4 of the D.P. Act has been made against the petitioner who is the husband of the informant. Such allegation has been made only after a couple of month from the date of marriage. It appears that the petitioner has filed C.S. No. 722 of 2007 before the Court below under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.Learned Counsel for the informant-wife vehemently argues that the petitioner had relationship with another lady and when the informant objected to the same, the petitioner threatened the informant to drive her out of his house.Since the civil suit for restitution of conjugal rights is pending, I express no opinion in this regard.2. Considerin...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT300; 2008(I)OLR13
ORDERR.N. Biswal, J.1. Even though the case was listed to date for admission, on consent of learned Counsel for both parties, the case is taken up for final disposal.Heard.In this case the petitioner has challenged the order dated 9.8.2007 passed by the J.M.F.C., Khariar in G.R. Case No. 261 of 2002 wherein he refused to allow the petition under Section 205 of Cr.P.C.2. Learned Counsel for the petitioner submits that the petitioner is a cardiac patient and he suffers from hypertension also. In support of his submission he filed the attested Xerox copy of the medical report of Shashan Medical Hall, Bhubaneswar showing that his blood pressure was 150/100 on 10.11.2007. He also filed another medical report of Cardiology Department of S.C.B. Medical College and Hospital, Cuttack, wherein he was advised to undergo treadmill test and on undertaking that test it was found that he was suffering from heart ailment.3. The petitioner is alleged to have committed offence under Sections 418/419/467...
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR96
ORDERL. Mohapatra, J.1. This application filed under Section 482 Cr.P.C. is directed against the order dated 26.6.2006 passed by the learned J.M.F.C. Narasinghpur in 2 I.C.C. No. 86 of 2004 taking cognizance of offences under Sections 302, 201, 420 and 34 of the Indian Penal Code.2. Petitioner No. 1 is the Sarpanch of Nidhiguda Gram Panchayat and petitioner No. 2 is the son of petitioner No. 1. Petitioner No. 3 is the brother of petitioner No. 1. On 21.6.2003 opposite party No. 2 lodged a written F.I.R. before the Officer-in-charge of Narasinghpur Police Station alleging therein that on 26.3.2003 at about 8 P.M. petitioner No. 2 called the deceased Pabitra Kumar Sahoo (husband of the informant) on the plea that his father, petitioner No. 1, was calling him for some work. The deceased accompanied with petitioner No. 2 but never returned till late in the night and on the next day his dead body was found floating in a well near Balanath temple. It is the case of the informant that the dec...
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT130
I.M. Quddusi, J.1. The instant writ application has been filed against the impugned judgment and order dated 19.9.2005 passed by the Orissa Administrative Tribunal, Bhubaneswar in Original Application No. 706 of 2005 wherein the petitioner-Association was the applicant.2. It appears that a review meeting was held on 17.6.2004 presided by the Chief Minister, Orissa to review anti-poverty programme and to tender services for their implementation. It was resolved therein that each block should have an Additional Block Development Officer (in short 'A.B. D.O.) and 136 such posts can be created by merging posts of Progress Assistants and Grama Panchayat Extension Officers into one cadre and each block should also have one Panchayat Development Officer.3. Although in the above resolution decision to merge the said post was not taken and as such it was, not notififed; but the petitioner filed the above mentioned O.A. before the Tribunal against the order creating of 136 posts of Additional Bl...
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT51
P.K. Mohanty, J.1. The Writ Petitioner calls in question the order/notification dated 1.4.2005 as in Annexure-8 fixing the price for sale of Chrome Ore in the domestic market in respect of Chrome Ore of grade 40-42% at Rs. 3571/- as illegal, arbitrary and mala fide. Prayer is made for quashing' the notification and for a direction to continue the supply as per rate and sale policy prevailing prior to 1.2.2005 (Annexure-3).2. The brief facts of the case of the Petitioner-M/s. Orissa Chrome Export and Mining Company Limited is that it is a small scale joint venture project with Industrial Promotion and Investment Company Limited (IPICOL), a Government of Orissa Undertaking, for processing of low grade unsaleable Chrome Ore in its Chrome Ore Beneficiation Plant (COBP) to produce the saleable Chrome Ore. The Petitioner's plant was installed on the assurance of the Orissa Mining Corporation Limited, which was reiterated in their letter dated 26.4.1999 to its joint venture partner IPICOL for...
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR616
I.M. Quddusi, J.1. The relief claimed in these three writ petitions filed by the self-same petitioner being identical, they were heard together and are disposed of by this common judgment. In these three writ petitions, the petitioner prays for quashing of the demand notice calling upon it to pay duty on the weak spirit from the years 1994-95 to 2004-05.2. The brief facts of the case are that the Commissioner of Excise, Orissa, vide Order dated 12.9.1990 (Annexure-1) granted licence in favour of the company M/s. Sitansu Mohan Pattnaik & Co. (Liquor) Pvt. Ltd. for manufacturing, bottling, blending and reduction of Indian Made Foreign Liquor (in short, 'I.M.F.L.') from rectified spirit with the condition that the company shall install one rectification column to rectify/purify the rectified spirit to be used in manufacturing of better quality of I.M.F.L. The said company was subsequently renamed as M/s. Utkal Distilleries Private Ltd., the petitioner in these writ petitions.3. As per the...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT374; 2008(I)OLR80
A.S. Naidu, J.1. The order dated 2.8.2007 (Annexure-4) passed by the learned Civil Judge (SD), Kamakhyanagar in Election Misc. Case No. 25 of 2007 is assailed in this Writ Petition by the opposite party No. 1 in the said Election Misc. Case.2. The election for the post of Panchayat Samiti Member of Kanpura Panchayat Samiti was held on 17th February, 2007 in which three candidates had contested. After counting of votes it was found that one Usharani Mahalik and the present Writ petitioner Nibedita Rout had secured equal number of votes, i.e. 1119 each whereas present opposite party No. 1 (petitioner before the Court below) had secured 1116 votes. By lottery, the present petitioner was declared elected. Thereafter a petition was filed for recounting of votes. On recounting it was found that there was a tie between the present petitioner and Mitarani present opposite party No. 1, inasmuch as both of them had secured 1117 votes each and Usharani had secured 1114 votes. Consequently again l...
Tag this Judgment!Court : Orissa
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
Reported in : 2007(II)OLR146
A.S. Naidu, J.1. The judgment and order dated 5th August, 1987 passed by the Sessions Judge, Balasore in S.T. No. 52 of 1987 convicting the appellant of the charge under Section 304 Part II of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years is assailed in this appeal.2. Bereft of unnecessary details, the facts of the case are that there was prior dispute among the informant family and the family of the appellant over demarcation of the boundary among their adjoining homestead lands and raising offence. On 22.11.1986 morning deceased Bairagi had called P.W. 2 Bansidhar Dandapat the head of village of the parties who discussed with the family members of deceased and appellant at an open space in front of the house of the deceased and decided that by putting a rope from the point of a 'Siju' tree upto the end of a wall, the parties might put the demarcating fence. While he was about to return from that place, at that juncture of time the appellant ...
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR162
B.P. Das, J.1. The petitioners in this writ application under Articles 226 & 227 of the Constitution of India have prayed for a direction to the O.Ps. to upgrade fifteen posts of Bench Clerk/Peskar attached to the Hon'ble Judges of the Orissa High Court to that of Court Master in the rank of Superintendent Level-ll.2. The brief facts leading to this writ application are as follows:The petitioners were recruited to the establishment of this Court as Junior Assistants and in usual course promoted to the next higher grade, i.e., Senior Assistant. On the date of filing of this writ application, all the petitioners except petitioner No. 1 were continuing in the cadre of Senior Assistant and D. K. Sahoo-petitioner No. 1 was promoted to the cadre of Superintendent, Level-II and all of them were posted to work as Peskar/Bench Clerks in different Benches of the Court. According to the petitioners, this Court had recommended to the State Government for designating the Bench Clerks/Peskars as Cou...
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