Court : Orissa
Decided on : Nov-12-2008
Reported in : 2009(I)OLR407
Sanju Panda, J.1. Invoking inherent jurisdiction under Articles 227 of the Constitution of India, the petitioners have filed this writ petition challenging the order dated 18.9.2008 passed by the learned Civil Judge (Senior Division), Bhadrak in O.S. No. 336 of 1997.2. Opposite parties 1 and 2 as plaintiffs filed Original Suit No.336 of 1997 in the Court of learned Civil Judge (Senior Division), Bhadrak for partition. After the suit was filed, the order of status quo was passed on 30.4.1998 at the initial stage of the suit. In the said application, the specific prayer made by the plaintiffs was that defendants 7, 16 to 18 and 26 be injuncted from cutting the trees standing on the suit land, digging the earth, constructing new house by preparing bricks and from putting fence over the suit land. The said order of status quo is still continuing.While the matter stood thus, defendants 16,17 and 18 purchased the aforesaid suit land by the virtue of the registered sale deed dated 3.9.1986. T...
Tag this Judgment!Court : Orissa
Decided on : Jun-19-2008
Reported in : 2008CriLJ4268
1. Heard argument from the parties, hearing is concluded and the judgment is as follows:2. Order of conviction under Section 302/201, I.P.C. and sentence of imprisonment for life imposed against the accused/ appellant by learned Second Additional Sessions Judge, Puri in S. T. Case No. 1/384 of 1998-97 is under challenge.3. Sarat Chandra Chhotray (hereinafter referred to as 'deceased') and Prasanta Kumar Chhotray (hereinafter referred to as 'accused') are two amongst four brothers. The occurrence took place in the night of 3-6-1997. By then deceased was serving as a Teacher in the district of Koraput and was trying for his transfer to Bhubaneswar. He had come to his native place during the summer vacation and was staying at Puri together with the accused and other inmates. On 3-6-1997 deceased together with the accused went to Bhubaneswar to pursue the matter relating to transfer. They went in a Yamaha motor-cycle bearing Registration No. OSF-4325. On the following day, i.e., on 4-6-199...
Tag this Judgment!Court : Orissa
Decided on : May-16-2008
Reported in : 2008CriLJ4185
ORDERS.C. Parija, J.1. This application under Section 482, Cr. P. C. has been filed by the petitioner assailing the order of cognizance dated 29-8-2003 passed by the learned S. D. J. M., Bhubaneswar, in G.R. Case No. 3572 of 2000, taking cognizance of offences under Sections 294/506/384/504/34, I.P.C.2. The case of the prosecution is that on 20-10-2000, the informant, opposite party No. 2 filed a complaint/report to the effect that on 14-10-2000 morning at 10.30 a.m. Sri Pradip Mohanty, Secretary, Dr. Moses Sukumar Das, Principal and three other teachers namely, Sri Rupa Kamal Mandal, Sri Milu Chandra Tripathy and Sri Ronald Baren, committed house trespass in his absence and abused his wife Smt. Rama Jena insulted her and threatened as to why her brothers were staying in the school campus to which she politely replied that since all of them are her own brother-in-laws, they can stay with her. But Pradip Mohanty abused her in obscene language which were witnessed by other Class-IV emplo...
Tag this Judgment!Court : Orissa
Decided on : Apr-21-2008
Reported in : 106(2008)CLT292
S.C. Parija, J.1. This Writ Petition has been filed under Articles 226 and 227 of the Constitution praying for quashing of the F.I.R. dated 23.07.2007 which has been registered as Mahila P.S. Case No. 129 of 2007 under Sections 376/420/379/506 IPC.2. The brief facts of the case, as narrated in the Writ Petition is that the Petitioner who was working as an instructor in 'Art of Living Courses' in Ravi Sankar Vidyamandir at Plot No. 2.103, IRC Village, Nayapalli, Bhubaneswar, persuaded informant (Opp. Party No. 2) to assist him in the programme after she had completed the same course.3. On 4th January, 2004 Petitioner persuaded her (informant) to stay back at Ravi Sankar Vidyamandir after 8 P.M. after classes were over. Thereafter, Petitioner expressed his desire to marry her by divorcing his wife and Petitioner also promised the Opposite Party No. 2 to send her abroad for conducting 'Art of Living' programme to make a fixed deposit of Rs. 10,00,000/- (Ten lakhs) in her name. In this pro...
Tag this Judgment!Court : Orissa
Decided on : Feb-21-2008
Reported in : AIR2008Ori103; 106(2008)CLT126; [2009]148CompCas817(Orissa); 2008(I)OLR702
A.K. Ganguly, C.J.1. This writ petition has been filed by Noble Aqua Private Ltd.- petitioner No. 1, who claims to be a company registered under the Companies Act and petitioner No. 2 is the Managing Director of petitioner No. 1 and the petitioner No. 3 is the wife of petitioner No. 2, the Managing Director of the petitioner-company.2. The petitioners are challenging a notice dated 7.4.2007 ssued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security on Interest Act, 2002 (in short 'Securitisation Act'). The basic challenge in the writ petition is that the said notice is in contravention of provision of Section 22 of the Sick Industrial Companies (Special Provision) Act, 1985 (hereinafter referred to as 'SICA').The petitioners' case is that it was engaged in the export business of Marine Food Products along with processing and manufacturing of marine food products since 1995. The company was earning profit till 2002-03. But in view ...
Tag this Judgment!Court : Orissa
Decided on : Jan-15-2008
Reported in : 2008(I)OLR581
L. Mohapatra, J.1. This appeal is directed against the judgment and order of conviction and sentence dated 20.11.1996 passed by the learned 1st Addl. Sessions Judge, Puri in S.T. Case No. 79/39C of 1993 convicting the appellants for commission of offence under Section 302/34 of the Indian Penal Code read with Sections 120B of the said Code. All the appellants have been sentenced to imprisonment for life for their conviction under Section 302/34 of the I.P.C. but no separate sentence has been passed for conviction under Section 120B of the I.P.C.2. Case of the prosecution is that in the evening of 22.1.1990 while the deceased Raghabananda Amaranth was reading newspaper in the Library of Milaca Sava Pakistan the appellants along with the absconding accused persons namely Bidyadhar Raisingh, Bhagaban Barisal and Pitabasa Jena (dead) entered into the campus of the library. Out of the accused persons, it is alleged that appellant No. 2 Rabi Jena, appellant No. 1 Arta Bhujabal and the abscon...
Tag this Judgment!Court : Orissa
Decided on : Oct-29-2008
Reported in : 2009(1)OLR58
A.S. Naidu, J.1. Refusal to grant pensionary benefits to an ex-Lieutenant of Indian Navy on the ground that he had been dismissed with disgrace from service is the subject-matter of this Writ application.2. Bereft of unnecessary details the short facts necessary for appreciation of this case are as follows:The petitioner had joined Indian Navy on 20th January, 1973. After successful completion of training he was posted as Engineering Mechanic, II Class on 20th, July 1974. In course of time by dint of sincerity and merit he had been promoted to the cadre of Lieutenant with effect from 1.1.1985. In the year 1993 while he was working as a Logistics Officer in the ship INS Jamuna allegations having been levelled with regard to certain omissions and commissions, five charges were framed against him. After serving a charge-sheet he was put on trial in Court Martial. The initiation of trial before the Court Martial and the charges levelled against him were just like bolt from the blue. He was...
Tag this Judgment!Court : Orissa
Decided on : Sep-30-2008
Reported in : 2008(II)OLR891
I.M. Quddusi, J.1. By means of this writ petition, the petitioner has questioned the jurisdiction of the State Government in appointing a Commission of Inquiry under the Commission of Inquiry Act, 1952 to enquire into the affairs of the Orissa Legislative Assembly and to quash the order dated 10.1.2007 passed by the Commission of Enquiry by which it has ordered that the point of jurisdiction raised by the petitioner shall be decided in its final, report.The brief facts of the case are that the petitioner, namely, Sri Sarat Kumar Kar, who was a legislator for few terms, was elected as the Speaker of the 12th Assembly. During his tenure, some appointments in the Assembly Secretariat and purchase of computers were made. There were statutory rules for appointment of staff. As Speaker of the 12th Assembly, the petitioner appointed a Selection Committee as per rules which made the appointments.2. The Hon'ble Speaker of the 13th Assembly being aware of the adverse media publicity and to get t...
Tag this Judgment!Court : Orissa
Decided on : Sep-24-2008
Reported in : 107(2009)CLT122; 2008(II)OLR911
B.P. Das, J.1. The petitioner is a company registered under the Companies Act, 1956 and is engaged in the business of purchase of manganese ore from G.P. No. 5- M/s. Bhanja Minerals Pvt. Ltd., which has been granted two Mining Leases under the Mines and Minerals (Regulation & Development) Act, 1957 (MMRD Act, in short) for iron and manganese ore in village Inganijharan and iron ore in village Deojhar, both in the district of Keonjhar, and is engaged in the business of mining of iron and manganese ore.The petitioner-company through its Partner-Biplab Roy has filed this writ petition questioning the legality and validity of the Notification dated 15.1.2004 issued by the Government of Orissa in the Department of Steel and Mines, vide Annexure-2, declaring the Policy Decisions on grant of mining lease and transfer of land for commercial projects in Scheduled Areas, 2003, more particularly Clause 8 (e) thereof and praying for issuance of a writ of certiorari quashing the said Notification i...
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