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Court : Orissa
Decided on : Oct-28-2009
Reported in : 108(2009)CLT821; 2009(II)OLR902
S.K. Mishra, J.1. The matter is taken up for disposal at the stage of admission.2. This is a revision application under Section 115 of the Code of Civil Procedure, 1908, hereinafter referred as 'the Code', for brevity, wherein the defendant Nos. 1 & 2 have called in question, the legality of the order passed by the learned Civil Judge (Jr. Divn.). Rourkela in Civil Suit No. 29 of 2007 refusing the prayer of the defendants to reject the plaint under Order 7 Rule 11 of the Code on the ground of gross under valuation of the suit.3. The simple facts giving rise to this revision application are that the opp.party No. 1 filed Civil Suit No. 29 of 2007 in the Court of the Civil Judge (Jr. Divn.), Rourkela seeking the declaration that he and defendant Nos. 3,4, & 5 are the real owners of the suit land on the basis of adverse possession and to declare the Sale Deed No. 26362 dated 12.6.2007 in favour of the defendant No. 2 to be null and void. It is undisputed at the stage that the sale deed in...
Tag this Judgment!Court : Orissa
Decided on : Jul-22-2009
Reported in : AIR2010Ori23; 2009(II)OLR448
I.M. Quddusi, A.C.J.1. By means of this writ petition, the petitioners have prayed for a writ in the nature of Mandamus commanding the opposite party No. 5 i.e. 1st M.A.C.T., Mayurbhanj, Baripada to disburse the amount settled through Lok Adalat to them without demanding any Court fees on the awarded amount.2. In view of the above prayer, the question before this Court is whether the claimant in whose favour the accident claim has been settled through Lok Adalat is liable to deposit the Court fee first and thereafter get a certification from the M.A.C.T. and on the basis of the certificate receive back from the Collector the full amount of Court fee or he can receive the claim even without depositing the Court fees, if not already deposited.3. In the instant case, the petitioners are the legal heirs of the deceased Siba Sankar Das, who died on 3.7.2007 in a road accident and they filed the case before the Motor Accident Claims Tribunal, Mayurbhanj, Baripada claiming compensation under ...
Tag this Judgment!Court : Orissa
Decided on : May-11-2009
Reported in : 2009(II)OLR161
S.B. Sinha, J.1. Leave granted.2. Interpretation of the provisions of Section 299 of the Code of Criminal Procedure, 1973 (for short 'the Code'), Section 33 of the Indian Evidence Act, 1871 as also Section 14(5) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'the TADA') is involved in this appeal which arises out of a common order dated 6th March, 2007 passed by the Designated Court (TADA), Pune, in Application Exh. 1118 and 1227 in TSC No. 2/1996, 1/1997 and 2/1997.3. The said question arises in the following fact situation.One Suresh Narsinh Dube was shot dead at Nallasopara Railway Station in the suburbs of Mumbai on 9th October, 1989. The impleaded respondent herein, the brother of the deceased, filed a complaint petition with regard to the incident. Appellant absconded.A proclamation under Section 82 of the Code was thereafter issued on 9th February, 1993 declaring the appellant as a proclaimed offender. Subsequently, the said proclamation was also pu...
Tag this Judgment!Court : Orissa
Decided on : May-14-2009
Reported in : 2009(II)OLR407
S.C. Parija, J.1. The accused-petitioner has filed this writ petition praying for quashing of the FIR registered as Barkot PS. Case No. 66 of 2008 under Section 379 IPC and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and the corresponding criminal proceeding in G.R. Case No. 326 of 2008, pending in the court of learned S.D.J.M., Deogarh.2. The case of the accused-petitioner is that for operating the Intermediate Storage Depot for storage and transportation of Iron Ores, the petitioner applied for a licence under the provisions of Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Rules 1990 (since repealed). Accordingly the petitioner was granted a licence in Form 'D' in the name of M/s. Sankar Transport, under the provisions of Rule 4 of the aforesaid 1990 Rules, for storage and transhipment of Iron Ores at Rajna in Barkot, in the district of Deogarh.3. While the petitioner was operating the Intermediate Storage Depot at Rajn...
Tag this Judgment!Court : Orissa
Decided on : Mar-03-2009
Reported in : (2009)23VST476(Orissa)
B.P. Ray, J.1. In the present writ petition, the petitioner calls in question the action of opposite party No. 1 in issuing notice for termination of agreement with the petitioner and placing the indent and selecting the opposite party No. 3 to supply soya chunks for Bolangir district under Mid-Day Meal Programme (hereinafter called 'MDM Programme') on the ground that the same is illegal and arbitrary.2. Bereft of unnecessary details, the short fact which gives rise to this writ petition is that the State Government had launched the MDM Programme for the school children throughout the State. This programme is being carried out under the control and supervision of Women and Child Development Department (opposite party No. 2). Under the MDM Scheme, the Government decided for supply of eggs for school children and for that purpose the guidelines were fixed wherein it, inter alia, stated that the Collector of respective districts would purchase eggs. Under the said programme, it was furthe...
Tag this Judgment!Court : Orissa
Decided on : Jul-29-2009
Reported in : 2009(II)OLR504
S.C. Parija, J.1. These two applications have been filed under Section 482 Cr.P.C., assailing the order of S.D.J.M. (S), Cuttack, dated 28.2.2007, passed in ICC No. 671 of 2005, taking cognizance against the petitioners for commission of offences under Section 323 read with Section 107/108 I.P.C. and Section 29 of the Police Act.2. The factual background of the case is that the husband of the complainant (Debakalyan Mohanty), who was working as Senior Mining Engineer, Gevra. Colliery under South Eastern Coal Fields Ltd. (a subsidiary of Coal India Ltd), in the State of Madhya Pradesh (now Chattishgarh), died on 30.12.1995 under suspicious circumstances. The local police after investigation, did not find anything suspicious and it appeared to be a case of suicide. Accordingly, they filed final report treating it to be a case of suicide and the final report was accepted by the Executive Magistrate, Kathaghora, Korba.3. The complainant not being satisfied with the investigation conducted ...
Tag this Judgment!Court : Orissa
Decided on : Nov-11-2009
Reported in : 2009(II)OLR961
R.N. Biswal, J.1. The petitioner, in this writ application, challenges the legality of the order dated 5.4.2007 passed by learned Sessions Judge, Bhawanipatna in Criminal Revision No. 49 of 2006 confirming the order dated 26.6.2006 passed by the S.D.J.M. Bhawanipatna in 2 (c) CC No. 9 of 2006 refusing to take cognizance of the offence under Sections 33-A/125-A of the Representation of the People Act, 1951 (hereinafter referred to as 'R.P. Act') read with Section 177 of I.P.C.2. As per the writ petition, opp. party contested the 2004 Assembly Election from 99-Bhawanipatna (S.C.) Assembly Constituency. He filed the nomination papers along with two affidavits one in Form No. 26 of the Election Rules and the other in the format prescribed by the Election Commission in its order dated 27.3.2003. In the affidavit in Form No. 26, a candidate is required to furnish the following information :(I) Pending cases in which charges have been framed for the offence punishable with imprisonment for tw...
Tag this Judgment!Court : Orissa
Decided on : Nov-17-2009
Reported in : 2009(II)OLR975
S.K. Mishra, J.1. The matter is taken up for disposal at the stage of admission.2. In this revision the petitioner assails his conviction for the offence under Section 138 of Negotiable Instruments Act, 1881 in ICC No. 557 of 2007 and the confirming judgment of the Second Addl. Sessions Judge, Cuttack in Crl. Appeal No. 65 of 2008.In short, the case of the complainant is that the accused is. a friend of the complainant. He was facing financial loss in business because of super-cyclone in the year 1999 and then he approached the complainant for financial assistance to revive his units and because of the good relationship, the complainant gave a total sum of Rs. 7,50,000/- on different dates. An agreement was executed between them on 17.9.2004 wherein it was stipulated that in total a sum of Rs. 10,000,00/- would be paid by the accused to the complainant to meet the principal and interest component. An further agreement was executed on 27.6.2005 and in due compliance of the terms and con...
Tag this Judgment!Court : Orissa
Decided on : Apr-22-2009
Reported in : 108(2009)CLT85
B.S. Chauhan, C.J.1. The case has a checkered history as the Petitioner had earlier approached this Court through the 'Rourkela Local Displaced Association' & had challenged the land acquisition proceeding. The said petition was dismissed. The Association approached the Hon'ble Supreme Court & the Apex Court made certain observations on the basis of which the present petition has been filed.2. This Writ Petition has been filed challenging the constitutional validity of the provisions of the 'Orissa Development of Industries, Irrigation, Capital Construction and Resettlement of Displaced persons (Land Acquisition Act) Act, 1948' (hereinafter referred to as the 'Act') on the grounds that the provisions providing for acquisition of land under the said Act had been violative of the provisions of Article 19(1)(f) of the Constitution of India and after amendment of the Constitution of Articles 31A and 300A of the Constitution of India and as a consequence, seeking declaration that any acquis...
Tag this Judgment!Court : Orissa
Decided on : Sep-17-2009
Reported in : 108(2009)CLT793
B.P. Ray, J.1. The Petitioner in this writ application under Articles 226 & 227 of the Constitution of India has prayed for issuance of writ of mandamus directing the Opposite Party-Railway Board to appoint him in Indian Railway Service in accordance with his position in the merit list published for Engineering Services Examination-2007.2. The case of the Petitioner in brief is that he was a physically handicapped person inasmuch as the first finger of his right hand was half-amputed & other three fingers, namely, middle, ring & ladies finger, were amputed during his childhood. However, the thumb of the right hand remains intact. According to the Petitioner, he was using his left hand for writing since his childhood & despite his physical disability he was doing all types of work. According to the Petitioner, he passed Diploma in Civil Engineering in the year 199,3. The Petitioner was working as a Junior Engineer since 1.4 .1998 in Central Public Works Department (in short, 'C.P.W.D')....
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