Court : Jharkhand
Decided on : Feb-27-2008
Reported in : [2008(2)JCR23(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The petitioner had moved this Court earlier in WPC No. 224/2004 making a grievance that he being the lowest bidder was issue work order for supplying two lifts of OTIS make by the Director, State Institute of Rural Development but subsequently by letter dated 29.12.2006, the Deputy Director of the said Institute cancelled the work order without any notice or opportunity to explain the allegations made against the petitioner and. therefore, it was against the principle of natural justice.3. The said writ petition was allowed by order dated 26.2.2007 only on the ground that the work order was cancelled in violation of principle of natural justice and it was observed that if the respondents intend to proceed against the petitioner they may do so in accordance with the procedure established by law after giving proper opportunity of hearing to the petitioner.4. Thereafter, it appears that a notice was issued to the petitioner by the responden...
Tag this Judgment!Court : Jharkhand
Decided on : Oct-20-2008
Reported in : 2009CriLJ2288; [2008(4)JCR597(Jhr)]
1. By Court The present appeal has been filed by the sole appellant Shiv Shankar Sah against the judgment dated 01/09/1990 passed by the 4th Additional Sessions Judge, Dumka, in Sessions Case No. 173/1988, whereby the learned Additional Sessions Judge convicted the appellant for the offence under Section 302/34 IPC for committing the murder of Renu Devi and thereby, sentenced him to undergo R.I. for life. The three other accused namely, Madan Lal Sah, Bina Devi and Bhuli Devi, who were tried together with the present appellant, however, have been acquitted from the charges under Section 302/34 IPC by the trial court.2. One Narayn Kumar Mukherjee (PW-3), who is a Pujari of a 'Yaga Shala', situated in Basukinath gave a Fardbeyan to O/C Jarmundi police station on 05/09/1986 stating therein that his 'Yaga Shala', where he used to reside, was situated just opposite to the house of Balgovind Sah, the father of the appellant and he was closely acquainted with all the family members of the sai...
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 : 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 : 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 : 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...
Tag this Judgment!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 : Punjab and Haryana
Decided on : Apr-19-2008
Reported in : (2008)3PLR133
Ranjit Singh, J.1. The petitioner has impugned an order of his eviction from shop portion of S.C.F. 49, Sector 23-C, Chandigarh. Respondent, Dr. Davinder Mohan, who is owner and landlord of the demised premises, has filed this petition for eviction of the petitioner. Petitioner is a tenant in a shop at monthly rent of Rs. 15,000/- besides water and electricity charges. His eviction is sought on the ground that he has not paid the rent, not tendered the arrears of rent from 1.9.1995 despite repeated requests and that the said premises is required for use and occupation of Dr. Vivek Mohan, M.B.B.S. and Dr. Vandana Mohan, who are son and daughter-in-law of the respondent-landlord. It is pleaded that son of the respondent is practicing doctor in Homeopathy and his daughter in law is serving in the Haryana Government. They both intend to start practice after leaving the Government job and that is how the demised premises is needed for their use and occupation. It is further claimed that at ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-26-2008
Reported in : (2008)151PLR723
Vijender Jain, C.J.1. This is a petition where small number of lawyers, though members of the District Bar Association, Hisar have formed a separate association for seeking allotment of land for construction of chambers for their association only and thus acting against the interest of the majority of the members of the entire Bar, which in our opinion, is not in the collective interest of the legal fraternity as well as litigants thronging the Courts and thus administration of justice.2. Facts in brief are that around 200 lawyers practising at District Hisar, who are members of the District Bar Association, Hisar, formed a Lawyers' Chambers Welfare Association, Hisar (for short Association). The Association seeking construction of chambers got itself registered and applied for the aforesaid relief, to the government. The case was processed by the District Administration and recommended for allotment of required land for construction of lawyers' chambers for the members of the Associat...
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