Court : Orissa
Decided on : Mar-31-2005
Reported in : AIR2005Ori159
M.M. Das, J1. This appeal has been preferred by the appellants who were petitioners in W.P. (C) No. 9095 of 2003.2. Facts of the case reveal that the appellants as plaintiffs filed T.S. No. 541 of 2001 in the Court of the learned Civil Judge (Junior Division), Ist Court, Cuttack, praying therein for a decree for permanent injunction restraining the defendant No. 1 from interfering with the construction/reconstruction/repair work of the shop rooms standing over the disputed property. The appellants filed an application for interim injunction under Order 39, Rules 1 and 2, CPC vide Misc. Case No. 311 of 2001 before the trial Court. After hearing, the learned trial Court by order dated 29-1-2002 dismissed the said Misc. Case on the finding that the appellants were tenants and defendant No. 1 being a member of the Trust Board, is the Landlord and, as such, the Landlord cannot be restrained by an order of injunction and that the Pleader Commissioner who was deputed by the learned trial Cour...
Tag this Judgment!Court : Orissa
Decided on : Apr-20-2005
Reported in : 2006(II)OLR344
ORDER1. Heard further argument on the maintainability of the Letters Patent Appeal as the preliminary issue and the same is decided in the following manner.2. Before dealing with that point of law, we may indicate that the present appeal under Clause 10 of the Letters Patent has been filed challenging to the judgment delivered by learned Single Judge of this Court in F.A.O. No. 270 of 2003. That was an appeal under Order 43, Rule 1(r) of the Code of Civil Procedure, 1908 (in short 'C.P.C') against the order granting temporary injunction to the plaintiffs-respondents under Order 39, Rules 1 and 2, C.P.C, vide Interim Application No. 12 of 2003 arising in Civil Suit No. 38 of 2003 of the Court of Civil Judge (Sr. Division), Rairangpur. Learned Single Judge in the impugned judgment has confirmed to that order of injunction and in the result dismissed the appeal. As against that judgment, this Letters Patent Appeal has been filed.3. At the outset, Mr. Indrajit Mohanty, learned Counsel appe...
Tag this Judgment!Court : Orissa
Decided on : Oct-07-2005
Reported in : 101(2006)CLT264
J.P. Mishra, J.1. The petitioner calls in question the order/judgment (Annexure-2) dated 16.11.2004 of the Election Tribunal-cum-District Judge, Balasore (O.P. No. 1) passed in Election Misc. Case No. 7 of 2003.2. The present writ petitioner Dhirendra Pandua (O.P. No. 1 before the Election Tribunal) contested from Ward No. 5, Basudevpur N.A.C. on 19.9.2003 so also Opp. party No. 5-Surendra Chandra Mohanty from Ward No. 15. Both of them were elected from their respective wards as Councillors as per the election result dated 20.9.2003. The writ petitioner contested and was also elected as the Chairman of the N.A.C. on 30.9.2003. The present Opp. Party No. 5 filed an Election Petition dated 15.10.2003 under Section 38 of the Orissa Municipal Act, 1950 (hereinafter referred to as the 'Act') alleging disqualification of the writ petitioner under Sections 16(i)(iv) and 17(1)(b) of the Act.3. In the said petition before the Election Tribunal, the Opp. Party No. 5 pleaded inter alia that the w...
Tag this Judgment!Court : Orissa
Decided on : Nov-08-2005
Reported in : 101(2006)CLT110
M.M. Das, J.1. The petitioners in this Writ Petition who are residents of Nayapalli area in Bhubaneswar Town, have filed the present Writ Petition in the nature of Public Interest Litigation for quashing the lease and subsequent approval of the building plan and grant of permission made in favour of Opp. Party No. 6 for construction of a hotel over Plot No. B/6 corresponding to revenue plot Nos. 1578 (Part), 1603 and 1602 (Part) in Khata No. 1427 in unit XVI, mouza Jayadev Bihar, Bhubaneswar. The petitioners have further sought for issuance of writ of mandamus directing the Opp. Parties 1 to 5 to strictly follow the master plan prepared under the Orissa Development Authorities Act, 1982 (for short 'O.D.A. Act').2. It is the case of the petitioners that the above mentioned land was earmarked for construction of a Bus stop in 1974 master plan and the concerned authorities without adhering to the provisions of the statute governing the field and in violation thereof have permitted the Opp...
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2005
Reported in : III(2006)ACC787
A.K. Parichha, J.1. This letters patent appeal is directed against the judgment of learned Single Judge in Miscellaneous Appeal Nos. 29 of 1995 and 121 of 1995 enhancing the compensation of Rs. 51,000 awarded by learned Second Motor Accident Claims Tribunal, (in short, 'M.A.C.T.')--Cuttack in Misc. Case No. 134 of 1987 to Rs. 90,000.2. The relevant facts involved in the case are follows:The truck bearing Registration No. ORC 4451 belonging to respondent No. 2 Phani Bhusan Kanungo met with an accident on 20th February, 1987 near village-Bhagipur due to rash and negligent driving by the driver resulting in the death of one Hrudananda Samantaray, who was the husband of appellant No. 1 and father of appellant No. 2. The appellants filed Claim Case No. 134 of 1987 making a claim of Rs. 1,40,000 as compensation. Learned M.A.C.T. after conducting inquiry awarded a compensation of Rs. 51,000. Not being satisfied by the said award the appellants filed Misc. Appeal No. 29 of 1995 for enhancement...
Tag this Judgment!Court : Orissa
Decided on : Nov-23-2005
Reported in : AIR2006Ori47
ORDERR.N. Biswal, J.1. The petitioner has filed this ELPET with a prayer to declare the election of the respondent to the Orissa Legislative Assembly, from the single member, Bhanjanagar Constituency No. 66 as void.2. As per the petition, the petitioner was a candidate on behalf of the Congress-I party in the last General election, 2004 for the Orissa Legislative Assembly from the single member, Bhanjanagar Assembly Constituency No. 66 and the respondent who was declared elected was a Biju Janata Dal candidate. There was no other candidate.3. On 28-2-2004 notification was published inviting objection, if any for correction of the existing Electoral Roll prepared for election of the Assembly constituted in January 2000. Another notification was published on 24-3-2004 for holding election to the Orissa Legislative Assembly, fixing the last date for filing of nomination to 3-3-2004. The petitioner and the respondent filed their respective nominations on 29 3-2004 and 31-3-2004 respectivel...
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