Court : Orissa
Reported in : 2008(1)OLR217
I.M. Quddusi, J.1. This Criminal Appeal has been filed against the judgment and order dated 13.9.1988 passed by the learned Sessions Judge, Keonjhar in S.T. Case No. 53 of 1987 convicting the appellant under Section 332, IPC and sentencing him to undergo rigorous imprisonment for one year.2. The brief facts of the case are that the appellant was working as a Junior Engineer, P.H.D., Keonjhar now working as Assistant Engineer, GPHD, Sambalpur. He was allotted one house of the Municipality as a tenant since long where he was staying. He was asked several times to vacate the quarters by the Executive Officer but he failed to vacate the same. He had also constructed a cowshed adjoining the quarters. Thereafter the Executive Officer obtained orders from the Chairman of the Municipality to get the quarters vacated and the unauthorised construction adjoining to the house demolished with the police help. Consequently, the Octroi Superintendent, Mr. Kalpataru Chakra and the officials of the Mun...
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Reported in : 2008(I)OLR209
B.P. Das, J.1. The petitioner has filed this writ petition challenging the order dated 30.1.2004 passed by the Revenue Divisional Commissioner, Southern Division, Berhampur, O.P.1 in O.G.L.S.R.C. No. 13/2002, vide Annexure-1.2. The brief facts, as delineated in this writ petition, tend to reveal as follows:The petitioner, who claims to be the Proprietor of a hotel 'M/s. Hotel Khusi' at Bhawanipatna, on 1.1.2001 applied to the Tahasildar, Kalahandi, O.P.3 for grant of lease of a government land measuring an area of Ac. 0.500 decimals under Khata No. 1456 plot No. 1528/5999 for running a hotel-cum-lodge. The Tahasildar on receipt of such application directed the Amin to cause a field enquiry and submit report by 3.1.2001. Pursuant to such direction of the said Tahasildar, the Amin verified the records and submitted a report indicating that the said plot was not reserved for any purpose and was also free from encumbrances. Considering the Amin's report, the Tahasildar issued a proclamatio...
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori35; 106(2008)CLT713
B.S. Chauhan, C.J.1. This Writ Petition has been filed raising large number of issues including factual controversy pointing out that the documents with the bank are not genuine and signature of the Petitioner purported to have been made on the same are forged. However, at the time of submission Mr. P. Acharya, Learned Counsel for the Petitioner restricted the case that the notice under Section 13(4) of the Securitization and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (hereinafter called the 'Act') has been issued without meeting the requirement of Section 13(3-A) of the Act read with Rule 3-A of the Security Interest (Enforcement) Rules, 2002 (hereinafter called the 'Rules').2. The facts necessary for determining the controversy involved herein are that the notice under Section 13(2) of the Act was served upon the Petitioner on 13.2.2008 (Annex. 1).The Petitioner submitted his objection through his Counsel Shri N. Pati on 7.3.2008 taking several ob...
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Reported in : 2008(I)OLR142
Pradip Mohanty, J.1. The order dated 31.07.2007 passed by the S.D.J.M., Angul in C.T. Case No. 704 of 2007 is assailed in ,the instant revision.2. Fact of the case in brief is that the petitioners along with others have been implicated under Sections 366/376/34 IPC in Nalco P.S. Case No. 40 of 2007 corresponding to C.T. Case No. 704 of 2007 pending before the S.D.J.M., Angul. After completion of sixty days in custody, a petition was filed by the advocate for the petitioners under proviso (a)(ii) to Section 167(2) Cr.P.C. to release them on bail. The learned S.D.J.M. considered and rejected the same by the impugned order.3. Learned Counsel for the petitioners submits that in connection with the aforesaid case, accused-petitioners were arrested on 30th May, 2007. Next day, i.e. on 31st May, 2007, they were produced before the S.D.J.M., Angul, who remanded them to judicial custody. The forwarding report reveals that the accused-petitioners are liable for commission of offences punishable ...
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR949
ORDERM.M. Das, J.1. Heard Dr. A.K. Rath, learned Counsel for the petitioner and Mr. B. Dash, learned Counsel for the State.The petitioners in a suit for declaration of title obtained a decree from the competent Civil Court. Basing on the said judgment and decree, they filed Mutation Case No. 1978 of 2001 before the Tahsildar, Bhubaneswar. The said Mutation Case having not been attended to, being aggrieved by the inaction of the Tahasildar, the petitioner approached this Court previously in W.P.(C) No. 14974 of 2005. This Court by order dated 05.02.2007 disposed of the said writ application directing as follows:Considering the limited nature of grievance of the petitioners, this writ petition is disposed of with a direction upon the Tahasildar, Bhubaneswar to dispose of the said Mutation Case No. 1978 of 2001 within a period of three months from the date of communication of this order in accordance with law by affording an opportunity of hearing to the petitioners. The petitioners shall...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT287
N. Prusty, J.1. This review application has been filed for review of Order-Dated 30.03.2007 passed by this Court in W.P.(C) No. 2283 of 2007. Heard Mr. K.K. Swain, Learned Counsel for the Petitioner.2. Mr.Swain, Learned Counsel submits that inadvertently he could not file the Government Circular dated 21.04.1997 relating to enhancement of the upper age limit for engagement of Sikshya Sahayak and if he would have filed the said Circular then the order passed in the Writ Petition would have been otherwise. Learned Counsel further submits that the averments made in the Writ Petition clearly indicates that the advertisement made for engagement of Sikshsya Sahayak (Annexure-3), which was under challenge in the Writ Petition, is not in conformity with the Scheme/Circular.3. As it appears from the prayer made in W.P.(C) No. 2283 of 2007, the Petitioner had not challenged the advertisement (Annexure-3) itself, which is said to be not in conformity with the Scheme/Circular dated 21.04.1997 rela...
Tag this Judgment!Court : Orissa
Reported in : 2009CriLJ3265; 2009(I)OLR826
B.K. Patel, J.1. Petitioners, who are the accused persons in I.C.C. No. 11 of 1993 of the Court of learned S.D.J.M., Bhubaneswar instituted by the opposite party-complainant, have made prayer in this application under Section 482 Cr.P.C. to quash the order dated 12.3.2007 taking cognizance of offences under Sections 420 and 406 I.P.C. and issuing summons to the petitioners.2. Case of the opposite party-complainant is that accused No. 1 is a registered company engaged in manufacture and sale of breweries in the brand name of 'Khajuraho Super Strong Lager Beer: and accused No. 2 is the Managing Director of the Company. The company is situated and the opposite party No. 2 is residing at Bhopal in the State of Madhya Pradesh. They entered with an arrangement with the complainant by letter dated 24.12.2000 for the purpose of marketing and sales promotion of their product through the Orissa State Beverage Corporation. As per the arrangement, the complainant was to deposit Rs. 24 lakhs with t...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT11
ORDER1. Heard.2. This Writ Petition has been filed with the prayer to issue direction to the Opposite Party members to implement the direction of the State Education Tribunal passed in Appeal No. 11 of 2001 as per the Judgment dated 05.05.2003. In paragraph-7 of that Judgment it has been recorded by the Learned Presiding Officer that:.order of the Director of Secondary Education, Orissa dtd. 18.6.2001 is still pending in the Hon'ble High Court of Orissa for adjudication O.J.C. No. 14086/2001 filed by Shri P.K. Tripathy. Therefore at this stage the order of termination cannot be set aside by this Tribunal for the simple reason that matter of termination of Shri P.K. Tripathy and the Appellant is yet to be decided by Hon'ble High Court. But the admitted position of the law is that service of the Appellant has been utilized by the Respondents. Therefore the Appellant is entitled to receive salary from 1.6.94 to 25.9.2001 from the state Government as per grant-in-aid principle as has been ...
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Reported in : 103(2007)CLT132
1. Heard argument from both the parties. The judgment is as follows.2. Karuna Behera is the deceased. He had a quarrel with the accused-Appellant in the matter relating to 'Dandanata' resulting in institution of a criminal case against the accused. Hara Behera, the foster father of the accused, wanted a settlement outside the Court and in presence of the accused and Pahali (P.W. 11) requested the deceased to withdraw the criminal case against the accused. That incident took place at about evening time in front of the house of Hara Behera. Deceased did not oblige to that request and made statement in furtherance thereof. At that, accused reacted sharply and threatened to do away with the deceased. Thereafter, deceased went to his thrashing floor. His wife (P.W. 6) brought food for his supper. Sitting by the side of a small fireplace, because of the cold climate, the deceased started taking food. P. W.6 also remained present at that spot. Pahali (P.W. 11) had his thrashing floor adjoinin...
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT458; 2007(I)OLR291
ORDER1. Heard Learned Counsel for the petitioner, Learned Counsel for the intervenor and the Learned Government Advocate2. The temple of Lord Jagannath situated at Keradagarh under Rajnagar Police Station in the district of Kendrapara is admittedly a public deity. It is stated that that said temple was constructed about 200 years back by the then Zamindar of Kanika and the idol of deities were installed therein. The petitioner belongs to Scheduled Caste and is stated to be representing, other members of the said caste. It is alleged by the petitioner that person belonging to the Scheduled Caste community are being obstructed by the caste Hindus (Sabarnas) from entering into the said temple to offer puja to Lord Jagannath. It has been further stated in the writ petition that such obstruction by the caste Hindus (Sabarnas) amounts to atrocities on the men and women belonging to the Scheduled Caste community.3. It appears from Annexure-5 that the Superintendent of Police, Kendrapara intim...
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