Court : Orissa
Reported in : 2010(I)OLR137
S.K. Mishra, J.1. Heard learned Counsel for the petitioners as well as learned Addl. Government Advocate for the opposite parties. Keeping in view the limited nature of the question involved, the matter is disposed of at the stage of admission.2. The petitioners assail the order dated 25.06.2008 passed by the learned J.M.F.C., Bhadrak in 1 C.C. No. 66 of 2006 rejecting the petition dated 29.2.2008 of the petitioners for confronting the statement of P.Ws.1,4,5,6 and 7 recorded under Section 161 Cr.P.C. in G.R. Case No. 1699 of 2005, as contradiction.3. The actual background of the present case is that on 23.11.2005 the complainant lodged an FIR at Bhandaripokhari Police Station regarding the occurrence. On 30.12.2005 the police submitted a final report stating that the case is one mistake of fact. On 23.2.2006 the complainant filed the complain case before the learned S.D.J.M., Bhadrak which is registered as I.C.C. Case No. 66 of 2006.4. The learned S.D.J.M., Bhadrak, after due enquiry ...
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR335
ORDERM.M. Das, J.1. Heard Mr. Routray, learned Counsel for the petitioner and Mr. Jena, learned Counsel for the opp.parties 2 and 3.2. The petitioner is the Principal of Angul Evening College, Angul. 49 regular students of the petitioner's college appeared at the +2 Annual Higher Secondary Examination, 2007.3. It is the case of the petitioner that there were no allegations whatsoeveras against any student, when they appeared in the said examination, from any body in the examination centre. Rather, the examination was conducted strictly in accordance with the rules prescribed by the Council. Though the result of the said examination was published on 8.6.2007, but the name of the petitioner's college did not find place and the result of the students of the said college was not declared. Finding thus, they moved before the Council to know the reason for not declaring the result.4. After about a month, a notification was issued on 4.7.2007 notifying that the examination in respect of Econo...
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR22
R.N. Biswal, J.1. The case of the writ petitioner is that pursuant to the advertisement under Annexure-3 dated 28.9.2006 in the daily English Newspaper, he offered his candidature for the post of Multi purpose Assistance (Gram Rojgar Sevak) in respect of Solabandh Gram Panchayat under Patnagarh Block. As per the advertisement, the minimum qualification for the said post was 10+2 passed. It was further stated therein that the applicants of Commerce stream and applicants with computer proficiency of 'O' level with use of Oriya language in computer would be preferred. The petitioner has passed +2 Arts in C.H.S.E. Examination in the year 2002 having secured 46.89 marks. He completed 12 months' course in Diploma in Computer Application. But instead of selecting him one Bidyadhar Majhi, who was ineligible for the post, was selected.2. Being aggrieved with the said selection, petitioner made a representation to the Project Director D.R.D.A., Bolangir (Opposite party No. 3), but it was not att...
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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...
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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...
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Reported in : 109(2010)CLT262; 2010(I)OLR114
B.N. Mahapatra, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') filed by the Insurance Company against the award/judgment dated 27.12.1997 passed by the 2nd Motor Accident Claims Tribunal, Cuttack, (hereinafter referred to as 'the Tribunal') in Misc. Case No. 1409 of 1991.2. The case of the claimant-respondent No. 1 before the learned Tribunal in short is that on 18.11.1991 at about 9.30 P.M., the deceased while going from Kendrapara to Pattamundai by a Hero Honda motorcycle, a car bearing Registration No. ORA 1599 coming from backside at a terrific speed without blowing horn dashed against his motorcycle near Mulabasanta. As a result, the deceased was thrown away and sustained severe injuries on his person. Immediately thereafter, he was shifted to Pattamundai P.H.C. where he died after sometime. He was thirty years old at the time of his death and was earning Rs. 2,500/- per month from private service. The family members of the deceased...
Tag this Judgment!Court : Orissa
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...
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Reported in : 109(2010)CLT71
B.N. Mahapatra, J.1. This is an appeal Under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') filed by the Insurance Company challenging the legality & propriety of the Order Dated 28.11.2000 passed by the 2nd. Motor Accident Claims Tribunal, Cuttack, (for short 'the Tribunal'). In Misc. Case No. 1041 of 1990, by which the Appellant Insurance Company has been directed to pay a sum of Rs. 70,000 to the claimant-Respondent with a consolidated cost of Rs. 250 along with interest @ 6% per annum from the date of filing of the claim petition before the Tribunal, i.e., 7.11.1990 till its realization.2. The case of the claimant-Respondent before the Tribunal in nutshell was that on 22.8.1990 while he was travelling in a bus bearing Registration No. OSU 4257 from Cuttack to his village Nimbera at about 2.30 P.M. the left side rear wheel tyres of the bus were suddenly burst, as a result of which the check plates of the bus over the said wheels moved upwards violently & hit again...
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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
Reported in : 109(2010)CLT152; 2010(I)OLR51
B.K. Patel, J.1. In this writ application the petitioner assails the legality of order of minor penalty of withholding one increment of pay for a period of one year without cumulative effect imposed on him by the Disciplinary Authority under Annexure-3 and confirmed by the Appellate Authority under Annexure-3 and by the Revisional Authority under Annexure-7.2. Petitioner is a member of the Central Industrial Security Force (CISF) in the rank of Head Constable posted at TTPS, Talcher. Disciplinary proceeding was initiated against him on the following charge under Annexure-3:CISF No. 801390049 HC/GD R.P. Singh of CISF Unit NTPC/TTPS Talcher was detailed from 2100 hrs on 17.07.2007 to 0500 hrs on 18.07.2007 at Watch Tower No. 5/Broken wall PTL with walkie-talkie set, Sl/Exe. P.C. Patnaik shift in-charge while after asking the situation report of the duty post over walkie talkie, passed instruction to HC/GD R.P. Singh to remain in contact with the sentry of debris-yard by blowing whistle. ...
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