Court : Orissa
Reported in : 103(2007)CLT305
A.S. Naidu, J.1. Challenging the Order dated 20-7-2005 passed by the Civil Judge (SD), Khurda in C.S.No.118 of 2004 rejecting the prayer of the present Petitioner who is Defendent No. 1 in the said suit for staying the proceedings of the suit, the present Writ Petition has been filed.2. According to Learned Counsel for the Petitioner, one Prafulla Kumar Mohanty during his lifetime by a registered Will dated 5-5-1995 had bequeathed a land in her favour measuring Ac.0.565 dec. appertaining to Plot No. 622, Khata No. 5 of Mouza-Gurujanga. Accordingly after the death of Prafulla Kumar Mohanty the Petitioner filed Misc. Case No. 1 of 2004 before the District Judge, Khurda at Bhubaneswar praying for grant of Letters of Administration which case is pending.3. Opposite Parties 1 to 4 who are sons and daughters of said late Prafulla Kumar Mohanty have filed the aforesaid Civil Suit challenging the said Will in favour of the Petitioner. Stating that as the issue to be decided in both the Civil S...
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori76; 103(2007)CLT339
B.P. Das, J.1. This writ petition has been filed by the Petitioners in the guise of Public Interest Litigation with a prayer to direct the Additional Director of C.B.I., Bhubaneswar, O.P. 8 to make an inquiry regarding illegal sanction of benefits under Indira Abas Yojana Scheme deviating the prescribed Guidelines and also selecting such persons, who are not eligible for getting such benefits by including the names of such ineligible persons in the 'Below Poverty Line' (B.P.L.) list. The Petitioners have further alleged that such list has been prepared without proper inquiry and to favour certain persons and such persons have also been allowed to construct Indira Abas Houses over the Government land in Paradeepgarh Gram Panchayat in the District of Jagatsinghpur.2. According to the Learned Counsel for the Petitioners, the action of the Project Director (D.P.) of District Rural Development Agency (DRDA), Jagatsinghpur, O.P. 5 is not free from doubt and more particularly he is a party to...
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT451; [2008]142CompCas426(Orissa); [2007]78SCL415(NULL)
P.K. Mohanty, J.1. This appeal is directed against the order of the Learned Company Judge dated 8.9.2006 in Company Act Case No. 4 of 2002 and Misc. Case No. 73 of 2006 directing the Respondent No. 3 IDCOL to deliver possession of the units to Messrs Rajashree Banijya Pvt. Ltd., Respondent No. 1 who was the highest bidder in the auction conducted by the Learned Judge for sale of those units.2. Briefly stated the facts of the case are that Industrial Development Corporation of Orissa Limited is the holding company in respect of A. B. S. Spinning Mills, Orissa Limited Respondent No. 2. In order to sale the A.B.S. Spinning Mills an advertisement was made on 13.1.2006 in the daily news-papers inviting offers for Sonepur Spinning Mills and Baripada Spinning Mills of Respondent No. 2. Pursuant to the advertisement, Messrs Ruhatia Spinners Private Limited, the Appellant herein, having its registered office at Karana Bazar, Akola in the state of Maharashtra submitted its bid before the Asset D...
Tag this Judgment!Court : Orissa
Reported in : [2007]289ITR406(Orissa)
A.K. Ganguly, J.1. These six miscellaneous cases being Miscellaneous Cases Nos. 1 to 6 of 2004 under Section 151 of the Civil Procedure Code (hereinafter called, 'the Code'), were filed by the Revenue in S.J.C. Nos. 211 to 216 of 1971 (CIT v. Biju Patnaik : [1991]190ITR396(Orissa) ) which were disposed of by a Division Bench of this High Court on August 1, 1990.2. In all the miscellaneous cases identical prayer was made and the said prayer is set out below:It is therefore prayed that this hon'ble court may be pleased to allow this application and be further pleased to direct the Tribunal to conclude the assessment in terms of the order of the apex court and the order of this hon'ble court dated August 1, 1990.Alternatively this hon'ble court may be pleased to issue suitable directions for giving effect to the order of the apex court.Any other order/orders that may deem fit and proper be passed in the facts and circumstances of this case.3. The facts of the case span over more than four...
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR37
Indrajit Mahanty, J.1. The present revision has been filed by the petitioner seeking to challenge an order dated 26.3.2007, passed by the learned S.D.J.M., Athamallik in Crl. Misc. Case No. 64/2003, in a proceeding under Section 125 Cr.P.C. directing payment of maintenance of Rs. 500/- each to the opposite parties, namely, Radhika Pradhan and Nirupama Pradhan (wife and daughter of the petitioner respectively).2. On a perusal of the pleadings taken in the petition, it appears that the essence of the contention of the petitioner was that the petitioner had raised suspicion over the character of Opposite Party No. 1 and stated that Opposite Party No. 1 had became pregnant through other sources. He further asserted that the petitioner had no sexual relationship with the Opposite Party No. 1 from 15.2.2002 while the Opposite Party No. 1 gave birth to a daughter, namely, Nirupama Pradhan (O.P. No. 2) on 19.4.2003, i.e. after a period of 14 months from the date of departure of petitioner, whi...
Tag this Judgment!Court : Orissa
Reported in : 2007(1)OLR161
P.K. Mohanty, J.1. The petitioners who had appeared at the Annual Higher Secondary Examination, 2001 call in question the decision of the opposite party No. 1, Council of Higher Secondary Education, Orissa cancelling the examination in English Paper-II and awarding '00' marks in the said paper.2. The petitioners' case in brief is that having passed the High School Certificate Examination conducted by the Board of Secondary Education, Orissa and securing good percentage of marks, they had been admitted into Jagannath Mahavidyalaya, Ashok Nagar, Batto in the district of Keonjhar. They appeared at the Annual Higher Secondary Examination, 2001 duly permitted by the Council. The examination centre was earlier scratched and as such the College authority decided not to conduct the examination taking the Principal of the College as the Centre Superintendent. The Sub-Collector, Anandapur was requested by the opposite party Nos. 1 and 2 to conduct the examination through their administrative sta...
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ1065; 2008(I)OLR118
M.M. Das, J 1. Upon conviction of the accused-Duleswar Barik in S.T. Case No. 179/74 of 2003 by the judgment dated 21.7.2004 under Section 302 IPC and sentencing the said accused to be hanged by neck till his death by the learned Adhoc Addl. District and Sessions Judge, Sundargarh, the death reference being DSREF No. 3 of 2004 has been made to this Court under Section 366 of the Code of Criminal Procedure. The accused Duleswar Barik has also preferred an appeal against the said order of conviction and sentence being JCRLA No. 80 of 2004. As, both the death reference as well as the appeal relate to one Sessions Trial, the same are disposed of by this common judgment.2. By order dated 28.9.2004 passed in the Jail Criminal Appeal being JCRLA No. 80 of 2004, Mr. Goutam Mishra, an advocate of this Court, on the request of the Court, agreed to conduct the case on behalf of the convict-appellant, and, thereupon he was appointed to conduct the case on behalf of the appellant in the appeal as w...
Tag this Judgment!Court : Orissa
Reported in : 2007(1)OLR184
ORDERPradip Mohanty, J.1. This is an application under Section 439 Cr.P.C. The petitioner has been implicated in11(a) C.C. No. 255 of 2006 of the Court of S.D.J.M., Koraput for the alleged commission of offence under Section 47(a) of the Bihar & Orissa Excise Act (for short 'the Act'). It is alleged that on 09.07.2006 at 6.00 p.m. the S.I. of Excise, Pottangi along with other staff, while conducting patrol duty, found the petitioner selling I.D. liquor. On being asked, he failed to produce any licence or authority for the same. Therefore, the S.I. of Excise seized the I.D. liquor (10 litres in quantity) contained in a plastic jerry can, prepared seizure list, arrested the accused-petitioner and forwarded him to the Court.2. Heard learned Counsel for the petitioner and learned Addl. Standing Counsel.3. Counsel for the petitioner submits that the learned Assistant Sessions Judge, Koraput has illegally rejected the prayer for bail of the petitioner by applying the provisions of the Act as...
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori116; 105(2008)CLT86
P.K. Tripathy, J.1. Petitioner No. 1 was elected as the President of Nayagarh Regional Co-operative Marketing Society Ltd. (in short 'Nayagarh R.C.M.S. Ltd.') on 29.07.2004 and thereafter he continued as such. Petitioner Nos. 2 to 5 are the elected members to the Committee of Management of Nayagarh R.C.M.S. Ltd. They assumed the office on 30.07.2004. According to the provision in Section 28 (1-aa) of the Orissa Co-operative Societies Act, 1962 (in short 'the Act'), the term of office of the Committee shall be for four years from the date of assumption of office by the Committee and in that respect the date of election of the President shall be deemed to be the date of assumption of office by the Committee.2. Alleging breach of that provision of law by the Opposite Party members in passing the order Annexure-1 by superseding the Committee and vesting the authority with A.R.C.S., Nayagarh to manage the day-to-day affairs of the Nayagarh R.C.M.S. Ltd. w.e.f. 25.04.2007 until further order...
Tag this Judgment!Court : Orissa
Reported in : (2007)IILLJ675Ori
L. Mohapatra, J.1. This appeal is directed against the judgment and order dated May 2, 1994 passed by the learned District Judge-cum-Employees Insurance Court, Cuttack in E.S.I. Misc. Case No. 7/1994 allowing the prayer of the respondents and directing the Superintendent, E.S.I. Hospital, Choudwar to verify the Out Patient Register for the period from May 7, 1992 to June 21, 1992 and ascertain the nature of disease which the employees named therein suffered and further directing that if on verification it is found that the disease was of such nature which would have necessitated certain employees to abstain from duty, such employees should be issued regulation certificate whereupon the authority shall extend them sickness benefits in accordance with law.2. The respondents are the employees of the Orissa Textile Mills (in short 'O.T.M.'), Choudwar, Cuttack which is a Government of Orissa Undertaking and is covered under the E.S.I. Act. The Act provides for grant of cash benefits to the ...
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