Court : Orissa
Decided on : Nov-29-2001
Reported in : 93(2002)CLT103
P.K. PATRA, J.1. These two Misc. Cases have been filed by the U. Co. Bank (previously known as United Commercial Bank), the sole appellant in First Appeal No. 281 of 2000.2. The appellant-petitioner's suit for Rs. 9,60,511.55 against respondent-defendant No. 1 - Mrs. Khetramani Mohanty and respondent-defendant No. 2- Urban Co-operative Bank, College Square Branch, Cuttack has been preliminarily decreed in part for Rs. 6,58,711.55 on contest against defendant No. 1 and ex-parte against defendant No. 2 and the claim of defendant No. 1 for set off has been decreed in part to the extent of Rs. 3,03,800.00 by the Second Additional Civil Judge (Senior Division), Cuttack vide his judgment dated 12.5.2000.Being aggrieved by the said judgment, the appellant filed the First Appeal affixing court-fee of Re. 1.00 only on 3.11.2000. According to the plaintiff-appellant, the court-fee payable was Rs. 10,336.66. The appellant filed an application under Section 149 of the Code of Civil Procedure, 1908...
Tag this Judgment!Court : Orissa
Decided on : Nov-12-2001
Reported in : 2002(I)OLR252
B.P. Das, J.1. The aforesaid Criminal Reference arises out of a reference made by the learned Sessions Judge-cum-Special Judge, Cuttack, under Section 395 of the Code of Criminal Procedure (in short 'Cr.P.C.'). It is stated by the learned Special Judge that during the course of hearing of G. R. Case No. 257 of 1993 wherein the accused persons were facing trial under Sections 341, 323, 294, 506/34 of the Indian Penal Code (in short 'I.P.C.') and under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the learned counsel for the defence prayed to drop the proceeding on the following grounds :'(1) For non-compliance of Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.(2) Further progress in cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act pending in the Special Courts is bad without committal proceeding in view of the principle enunciated in (2000) 18 O.C.R. 364.'The le...
Tag this Judgment!Court : Orissa
Decided on : Jul-13-2001
Reported in : 2001CriLJ4151
ORDERL. Mohapatra, J.1. This application under Section 482, Cr. P.C. has been filed challenging the Judgment and order dated 11-6-2001 passed by the learned Additional Sessions Judge, Angul, in Criminal Revision No. 16 of 2001 dismissing the revision and confirming the order dated 7-6-2001 passed by the learned Sub-Divisional Judicial Magistrate, Angul, rejecting the prayer of the petitioner for release of the vehicle seized for offence committed under the provisions of the Wild Life (Protection) Act, 1972 ('the Act', for short).2. The case of the prosecution is that on 15-5-2001 at night while performing night patrolling on Angul-Tikarapada PWD Road, the Divisional Forest Officer, Satkosia Wild Life Division, detected a white Tata Indica car bearing registratipn No. OR-02-R/2879 coming from Tikarapada area towards Angul. The car was intercepted and during search a fresh dead common Indian hare' was detected lying inside the dickey of the car. Accordingly the car was seized and a seizu...
Tag this Judgment!Court : Orissa
Decided on : May-18-2001
Reported in : AIR2001Ori158; 92(2001)CLT505; 2001(II)OLR98
A.S. Naidu, J.1. The Food Corporation of India has filed this Miscellaneous Appeal being aggrieved by the order passed by the learned Civil Judge (Senior Division), Bhawanipatna in M. J. C. No. 88 of 1997 refusing to restore . the Money Suit No. 133 of 1989.2. The Food Corporation of India, in short, the Corporation' as plaintiff, filed Money Suit No. 133 of 1989 in the court of the then Subordinate Judge, Bhawanipatna, presently redesignated as Civil Judge (Senior Division), Bhawanipatna for realisation of Rs.3,27,189.65 from the respondents, who were defendants in the court below. It is alleged that the said suit was posted to 16-11-1995 for ex parte hearing. However, on the said date, due to certain inadvertent and compelling reasons, the plaintiff could not appear and filed a petition for time. Learned court below rejected the petition for time and dismissed the suit for default. On 31-3-1997 a petition was filed under Order 9 Rule 9 of the Code of Civil Procedure for restoration o...
Tag this Judgment!Court : Orissa
Decided on : Apr-03-2001
Reported in : 92(2001)CLT348
ORDER1. Heard.2. This application under section 482, Cr.P.C. is disposed of at the stage of hearing on admission.3. In the F. I. R. in G. R. Case No. 7 of 2001 of the court of J. M. F. C.. Soro, the Circle Inspector of Police, Sadar Circle, Balasore, has alleged that on the ground of non-arrest of the culprits in a case of gang rape vide Simulia P. S. Case No. 149 dated 30-12-2000, some local leaders and people belonging to a Political patty on 3-1-2001, held a meeting from 1.30 p. m. to 4 p. m. on the premises of Lord Sival temple situated opposite to Simulia Police-station and made inflamatory speeches. At about 4. p. m. they came in front of the said Police-station and besides raising anti-police slogan, they blockade the National Highway No. 5 at that spot from about 4 p. m, to 7 p. m, , During that period, they brought the road traffic to a stand still and did not adhere the request of the informant and other Police personnels so also many persons travelling in light and heavy veh...
Tag this Judgment!Court : Orissa
Decided on : Oct-11-2001
Reported in : 93(2002)CLT187; [2001(91)FLR958]; (2002)IIILLJ657Ori
P. C. Naik, J. 1. The petitioners, seventy-two in number, have approached this Court for issuance of an appropriate writ, direction or order directing the opp. parties to declare the petitioner Nos. 1 to 38, 40, 41, 43, 46 to 60 and 62 to 72 as regular Security Guards, petitioner Nos. 39, 42 and 61 as regular Surgents and petitioner Nos. 44 and 45 as regular Cooks in the establishment of NALCO. The further prayer is for a direction to the opp. parties 1, 2, 3, and 5 to pay the petitioners equal remuneration as is being paid to their counter-parts working in the regular establishment of the said Company.2. The case of the petitioners is that they are engaged as contract labourers and as such are being exploited by the management.It is, their case that in view of the provisions contained in Section 10 of Contract Labour (Regulation and Abolition) Act, 1970 (in short 'the Act'), it is necessary to direct the opp. parties for abolition of contract labour system in the establishment. Placin...
Tag this Judgment!Court : Orissa
Decided on : Apr-20-2001
Reported in : 92(2001)CLT114
B.P. Das, J. 1. This Letters Patent Appeal is directed against the decision of a learned Single Judge of this Court rendered on an application under Articles 226 and 227 of the Constitution of India, being O. J. C. No. 11450 of 2000, confirming the judgment dated 31-10-2000 passed by the learned District Judge, Puri, acting as the Tribunal under the provisions of the Orissa Municipal Act, 1950 (in short 'the Act'),' passed in an election petition being Election Misc. Case No. 318 of 1997, holding the election of the appellant as the Councillor of Ward No. 28 to the Puri Municipal Council as invalid on the ground of violation of the provisions of section 16(1)(xvii) of the Act. 2. Respondent No. 1 filed an election petition under section 18 of the Act before the learned District Judge, Puri, alleging therein that although the appellant was declared elected as the Councillor of Ward No. 28 to the Puri Municipal Council in the election held on 11-7-1997 having secured the highestnumber of...
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