Court : Orissa
HIGH COURT OF ORISSA, CUTTACK FIRST APPEAL No.53 OF 1992 From the judgment dated 10.01.1992 passed by Shri S.N.Sahoo, Sub-Judge, Champua in L.A.M.J.C. No.05 of 1989. Nityananda Namtoar and others. Appellants Versus. L.A.Officer-cum Collector, Keonjhar and another. For Appellants : For Respondents : Respondents M/s.R.Mohapatra, D.P.Dhalsamanta, S.K.Satpathy .Mr. S.B.Mohanty Additional Standing Counsel PRESENT : THE HONBLE MR. JUSTICE D.DASH ------------------------------------------------------------------------------------------------------Date of hearing : 31.01.2014 : Date of judgment: 21.02.2014 In this appeal the appellants call in question the order passed by the Learned Sub-Judge, Champua (as it was then) in a referral proceeding under Section 18 of the Land Acquisition Act ,1894 (hereinafter called the Act) declining to enhance the compensation in respect of acquisition of Ac.4.32 decimals of land.2) Admittedly, land measuring Ac.4.320 decimal of Village: -2- Matkambeda has ...
Tag this Judgment!Court : Orissa
IN THE HIGH COURT OF ORISSA : CUTTACK W.P. (C) No.21270 of 2013 North Odisha Farmers and Multi-Purpose Cooperative Limited, Balasore .... Petitioners -VersusState of Odisha & others. For the petitioners . Opp. Parties M/s. Pitambar Acharya, Sr. Advocate, P.Pattnaik, B.K. Jena & J.Parida For the Opp. parties Mr Ashok Mohanty, Advocate General. BEFORE THE HONOURABLE CHIEF JUSTICE MR. A.K. GOEL THE HONOURABLE DR. JUSTICE A.K. RATH Date of hearing : 27.01.2014 Date of Judgment : 19.02.2014 JUDGMENT AND ORDER ( A.K. Goel, CJ.) 1. This petition seeks quashing of the Odisha Self Help Co-operatives (Repeal) Ordinance, 2013, letters dated 7.6.2013 and 17.6.2013 of the Registrar of the Co-operative Societies, Odisha for implementation thereof and direction to allow the petitioners to run the co-operative society as per the repealed provisions contained in the Orissa Self-Help Co-operatives Act, 2001 (for short, the 2001 Act.). Since during pendency of the writ petition the Ordinance has been r...
Tag this Judgment!Court : Orissa
HIGH COURT OF ORISSA: CUTTACK. CRA No.123 of 2000 From the judgment and order dated 30.05.2000 passed by Sri A.K.Prichha, Special Judge (CBI), Bhubaneswar in T.R. Case No.118/83 of 99/96. --------Raj Kishore Lenka Appellant. Respondent. - VersusRepublic of India For Appellant : For Respondent : PRESENT: M/s S.K.Mund, D.P.Das and J.K.Panda Mr.S.Mohanty Mr.V.Narsingh (for C.B.I.) --------- THE HONOURABLE SHRI JUSTICE B.K. PATEL -----------------------------------------------------------------------------------Date of judgment: 18.02.2014 ------------------------------------------------------------------------------------B.K. PATEL, J.By the impugned judgment dated 30.05.2000 passed by learned Special Judge (CBI), Bhubaneswr in T.R. Case No.118/83 of 99/96, appellant having been found guilty of offences punishable under Section 7 and Section 13 (1)(d) of the Prevention of Corruption Act (for short the P.C.Act), has been sentenced to undergo R.I. for a period of 2 one year and also to pa...
Tag this Judgment!Court : Orissa
OJ.NO.5645 OF 1991 13. 17.02.2014 Heard Mr.N.K.Sahu, learned counsel for the petitioner and Mr.M.K.Sahoo, learned Additional Standing Counsel appearing for the State.2. This Writ Petition has come up to be filed with interesting question of law which is noted hereunder. The petitioner, who was recruited under OJ.Rules 1964 (for short 1964 Rules) and, was appointed on 27.01.1981 as Probationary Munsif. in Orissa Judicial Service (Class-II) seeks to challenge the seniority granted to opposite parties 1 to 18, who were recruited on the self same date but under the Orissa Judicial Service, Class-II (Munsifs) (Emergency Recruitment) Rules, 1979 (for short 1979 Rules).3. At the outset, learned counsel for the State placing reliance on the judgment of this Court in the case of Aswini Kumar Daspattanayak and others Vs. High Court of Orissa, 66 (1988) CLT 401 submits that the matter is no more res integra since the dispute has already be decided in that case.4. Mr.N.K.Sahu, learned Counsel appe...
Tag this Judgment!Court : Orissa
HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.7097 of 2013 In the matter of an application under Article 226 of the Constitution of India. ----------Nihar Ranjan Biswal . Petitioner Versus State of Orissa & others For Petitioner . Opposite parties Mr. S.Patra, Advocate For Opp. Parties 1 & 3 Mr.R.K.Mohapatra, Govt. Advocate For Opp. Patty No.2 Mr. P.K.Mohanty, Advocate PRESENT: THE HONOURABLE CHIEF JUSTICE MR. A.K.GOEL AND THE HONOURABLE DR. JUSTICE A.K.RATH Date of hearing : 05.02.2014 Dr. A.K.Rath, J : Date of judgment : 14.02.2014 In this application, under Article 226 of the Constitution of India, the petitioner has prayed, inter alia, to exclude his land from the purview of the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1984 and to set aside the letter dated 9.11.2012 issued by the Government of Orissa in the Housing & Urban Development Department, vide Annexure 16, and the letter dated 23.2.2013 issued by the Member Secretary, Orissa Water Supply & Sew...
Tag this Judgment!Court : Orissa
ORISSA HIGH COURT, CUTTACK. FULL BENCH W.P.(C) No.11245 of 2012 From the Reference dated 16.07.2012 by the Division Bench consisting of Honble Sri Justice L. Mohapatra and Honble Sri Justice B.K. Patel. ---------- Purna Chandra Parida Petitioner Opposite parties Versus District Judge, Bhadrak and another For Petitioner : Mr. Sarat Kumar Behera, Advocate. For opposite parties : Mr. Bishnu Prasad Pradhan, Addl. Govt. Advocate. ------------ PRESENT: THE HONOURABLE CHIEF JUSTICE MR. A.K. GOEL, THE HONOURABLE MR. JUSTICE C.R. DASH AND THE HONOURABLE DR. JUSTICE A.K. RATH --------------------------------------------------------------------------------------------------------------------------- Date of Hearing : 09.01.2014 Date of Judgment : 14.02.2014 --------------------------------------------------------------------------------------------------------------------------- C.R. Dash, J.Whether the decision rendered by this Court in two of the earlier cases, i.e., Smt. M. Vijayalaxmi vs. Di...
Tag this Judgment!Court : Orissa
HIGH COURT OF ORISSA, CUTTACK GOVERNMENT APPEAL No.13 OF 1995 From the judgment dated 22.12.1994 passed by Shri S.N.Nanda, learned Sessions Judge, Sundergarh in S.T. No.168 of 1994. State of Orissa Appellant Versus. Sanjay Kumar Pradhan For Appellant : For Respondents Respondent Mr.S.K.Nayak, Addl. Government Advocate. : M/s. D.Panigrahi,.A.Panigrahi, Mr. R.N.Panigrahi. PRESENT : THE HONBLE MR. JUSTICE D.DASH ------------------------------------------------------------------------------------------------------Date of hearing : 24.01.2014 : Date of judgment: 14.02.2014 Being aggrieved by the order of acquittal passed by the learned Sessions Judge, Sundergarh in S.T case No.168 of 1994, finding the respondent No.guilty of the charge under Section 376 IPC, this appeal has been filed by the State. 2 The case of the prosecution is that on 08.04.1994, around 3.00 P.M., the prosecutrix, (P.W.1) had gone to the hillock to see the buffaloes grazing there. On her way back, she met the respon...
Tag this Judgment!Court : Orissa
W.P.(C) No.15166 of 2013 Present : Ms Jaydeep Pal, Advocate for the petitioneRs.Mr D. Panda, Addl. Govt. Advocate. 04. 11.02.2014 This petition seeks quashing of letter dated 7.6.2013 (Annexure-18) Commissioner, Odisha to issued the by the Collector, Excise Sundargarh directing re-location of IMFL Off Shop from Jarda village to Tuniapali village. The petitioners belong to Tuniapali village and rely upon order of the Collector dated 15.3.2013 (Annexure-17) holding that if the licencee at Jarda village is No.to run the shop at Jarda, that was no ground to shift the same to Tuniapali village without considering the objections of the said villageRs.The Commissioner observed that continuing of IMFL Off Shop at Jarda village was objected to and, therefore, it was No.being recommended to continue the same at Jarda village after the year 2013-14. In view of the objection of Jarda Gram Panchayat under Section 26(A) of the Bihar and Odisha Excise Act, 1915, the shop may be shifted to Tuniapali v...
Tag this Judgment!Court : Orissa
ORISSA HIGH COURT : CUTTACK F.A.O. No.433 OF 2009 From a judgment dated 11.9.2009 passed by Shri G. Panigrahi, Presiding Officer, State Education, Tribunal, Orissa, Bhubaneswar in Grant-in-Aid Case No.135 of 2006. ----------- Raghunath Mishra Appellant -versusState of Orissa and others For Appellant: Respondents M/s. J.Sengupta, D.K. Panda, G.Sinha & A.Mishra. For Respondents: M/s. B.K.Pattanaik, R.K. Nayak & P.K. Mishra (For respondent no.4) M/s. M.K.Mohanty, M.R. Pradhan,T.Pradhan & B.Routray (For respondent no.5) Addl. Government Advocate, (For respondent nos. 1 to3) --------------------Decided on 31.01.2014 ---------------------- -----PRESENT: THE HONOURABLE SHRI JUSTICE M. M. DAS -----------------------------------------------------------------------------M.M. DAS,J.This Appeal has been preferred by the appellant under section 24 (C) of the Orissa Education Act, 1969 (hereinafter referred to as the Act) impugning the judgment passed by the State Education Tribunal, Orissa, Bhuban...
Tag this Judgment!Court : Orissa
CRLMC No.2915 of 2013 & Misc. Case No.1975 of 2013 04. 30.01.2014 Heard learned counsel for the petitioners and learned counsel for the State. None appears for the informant-opposite party no.2 inspite of service of notice. This application under Section 482 Cr.P.C.has been filed for quashing of the criminal proceeding against the petitioners in G.R.Case No.238 of 2010, pending in the court of learned S.D.J.M., Bhubaneswar, arising out of Mancheswar P.S.Case No.30 of 2010, under Sections 147/148/427/294/332/323/436/506/149 I.P.C.and the order of cognizance passed therein. The brief facts of the case is that the informant, who is the Principal of Hi-tech Medical College and Hospital lodged a written report before the I.I.C., Mancheswar police station, Bhubaneswar, on 29.01.2010 alleging therein that on 28.01.2010, the M.Sc. students of Hi-tech Medical College and Hospital continued agitation, demanding declaration of their examination date by Utkal University for which an F.I.R.was lodg...
Tag this Judgment!