Court : Orissa
Reported in : AIR2003Ori75
Pradipta Ray, J.1. Original appellant, since deceased, as plaintiff instituted Title Suit No. 16/2 of 1975-1 of the Court of the Subordinate Judge, Rairangpur, Mayurbhanj against the original defendants-respondents Nos. 1 and 2, since deceased, for declaration of title in the suit property comprising land and structure, eviction of defendants Nos. 1 and 2. recovery of khas possession, arrear of rents and mesne profits.2. During pendency of the present appeal, the original appellant and respondents Nos. 1 and 2 died. Their heirs have been substituted in their place.3. In the plaint the original appellant Bhagwan Agarwalla has claimed that he is the owner of the suit property and the principal defendants Nos. 1 and 2 were inducted by him as tenants therein. According to the said plaintiff, he determined the tenancy on and from October 1, 1974 and asked the defendants 1 and 2 to vacate, but they refused to vacate and denied his title to the suit property.4. The principal defendants 1 and ...
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori147; 107(2009)CLT250; 2009(II)OLR201
B.S. Chauhan, C.J.1. This Writ Petition has been filed for quashing the Judgment and order of the Debts Recovery Tribunal, Cuttack (hereinafter called 'the Tribunal') in O.A. Nos. 29 of 2006 and for quashing of the auction sale by Opposite Party No. 1-Bank in pursuance of publication of notice dated 10.11.2005.FACTUAL MATRIX:2. The facts and circumstances giving rise to this case are that Petitioner No. 1 had availed a cash credit loan to the tune of Rs. 2,00,000 (two lakhs) in the year 1997 from the Opposite Party-Bank to run its business. Petitioners No. 2 and 3 stood as guarantors by securitizirtg their assets pertaining to Sabak Plot No. 2, Sabak Khata No. 94 corresponding to Hal Plot No. 2, Khata Nos. 100 of Mouza, Baramunda.3. Petitioner No. 1 could not repay the loan as per the terms incorporated in the agreement. Therefore, Opposite Party -Bank issued a notice dated 24.5.2004 under Section 13(2) of the Securitisation and Reconstruction .of the Financial Assets and Enforcement o...
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori111
S. Barman, J.1. The plaintiffs are the appellants,--in this Second Appeal,--from a confirming decision of the learned Additional Subordinate Judge of Cuttack, whereby he affirmed a decision of the learned Munaif, Cuttack and dismissed the plaintiffs' suit for permanent injunction restraining the defendants from interfering with the management of Oriya Bazar mosque in Cuttack town, arising out of the disputed question of the Mutwalliship, in respect of the said mosque, which admittedly, is a public mosque, in the circumstances hereinafter stated.2. The plaintiffs are members of Mahomedan community, calling themselves managing committee for management of the said mosque, stated to have been elected by the general public of Oriya Bazar in Cuttack Town, for the purpose of looking after the said mosque which is said to be the only mosque in the locality. The defendant No. 1 is the son of defendant No. 2, who died during the pendency of this litigation; thus the defendant No. 1 is the only s...
Tag this Judgment!Court : Orissa
Reported in : 1985(II)OLR239
R.C. Patnaik, J.1. This case has brought to lime light the havoc that cold and rigid approach and attitude may cause to a human being when a modicum of compassion and humanism could have brought about his salvation. On the forensic plane, however, it raises the question : Is the dismissal of the petitioner-a constable in the Central Reserve Police Force-just, fair and reasonable ?2. The Central Reserve Police Force was constituted under Central Act LXVI of 1949. Inter alias, its duty was to preserve and restore order in any local area within the Union in the event of disturbance therein. The petitioner was appointed to the force as a constable with effect from September 20, 1971. For a decade he served at different places inside the Union and at the relevant time he was posted at Bhubaneswar, the battalion headquarters. On May 11, 1983, he was commanded to relieve a constable of the 66th battalion who was to proceed on leave. He was to accompany a unit which was also proceeding to Mizo...
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori38
K.B. Panda, J. 1. The appellant Shri G.C. Harichandan Jagadeb who was originally opposite party No. 13 in O. P. No. 128 of 1968 under Section 41 of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as the Act) having lost both in the Court of the Assistant Commissioner of Endowments as well as in appeal in the Court of the Commissioner of Endowments has preferred this appeal alleging that the findings of the learned Courts below that he is not the hereditary trustee of the deity Shri Jagannath Swamy situated in village Arkhapur under Purusottampur police station within the district of Ganjam are not sustainable. The short facts giving rise to this appeal are as follows: Lord Shri Jagan-nath Swamy is situated in village Arkhapur within a respectable temple having a height of about 90 feet. There are certain parswa Debatas. It has a compound wall and lion's gate etc. As it appears, there is no controversy at this stage that at one time the ancestors of the Raja of ...
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HIGH COURT OF ORISSA: CUTTACK W.P.(C). NO.10717 OF 2013 In the matter of an application under Articles 226 and 227 of the Constitution of India. ----------Centurion University of Technology and Management, represented through Pro-Vice Chancellor, Ardhendu Mouli Mohanty, aged about 60 years, S/o. Raj Kishore Mohanty, At: Ramchandrapur, P.O. Jatani, Dist: Khurda Petitioner Opp.Parties -VersusState of Odisha and others For Petitioner : Mr. Y. Das, Senior Advocate, M/s. Rajjeet Roy & S.K. Singh For Opp. Parties : Mr. Satya Sundar Das, [For O.P. Nos.2 and 3]. Mr. S.K. Samal, [For O.P. No.1-SME]. ---------- P R E S E N T: THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of Judgment : 27.09.2013 B.N. MAHAPATRA, J.This Writ Petition has been filed with a prayer for quashing letter dated 13.08.2012 issued by opposite party No.1-Special Secretary to Government, Department of School and Mass Education (Annexure-15), letter dated 29.11.2012 issued by opposite party No.2-Eastern Regional Committee,...
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Reported in : 105(2008)CLT851; 2008(I)OLR783
A.K. Ganguly, C.J.1. This writ appeal arises out of an order dated 24.9.2007 passed by a learned Single Judge of the writ Court in W.P. (C) No. 15159 of 2006.2. The material facts of the case are that on 7.11.1998 a partition suit being Title Suit No. 609 of 1998 was filed by one Pravasani Behera, the present appellant, against the writ petitioner Sankar Das and other opposite parties. The writ petitioner and other opposite parties after being served with notice appeared before the learned Civil Judge (Senior Division), Bhubaneswar on or about 24.11.1998. As thereafter no steps were taken by the writ petitioner along with other opposite parties, the defendants in the suit were set ex parte on 20.08.1999. Then, the suit was decreed ex parte on 17.08.2001. After about one year and three months a Misc. Case being Misc. Case No. 588 of 2002 (first Misc. Case) was filed by the writ petitioner/ defendant No. 1 in the suit, under Order 9, Rule 13 of the Civil Procedure Code to set aside the e...
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HIGH COURT OF ORISSA : CUTTACK A.H.O. No.85 of 1996 In the matter of an appeal under Clause 10 of the Letters Patent of Patna High Court read with Clause- 4 of the Orissa High Court Order, 1948. --------- Union of India Appellant -VersusSteel Authority of India Ltd. & others Respondents For Appellant : Mr. A.Pal For Respondents : Mr. N.K.Sahu (for Res. No.1) PRESENT: HONOURABLE THE CHIEF JUSTICE SHRI AMITAVA ROY AND THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing: 17.09.2014 Dr. B.R.Sarangi, J.: Date of judgment: 30.09.2014 A judgment of the learned Single Judge of this Court dated 17.09.1996 passed in M.A. No.172 of 1993 under Section 23(1) of the Railway Claims Tribunals Act, 1987 awarding Rs.1,32,87,749/- towards the claim made by the respondent is under challenge in this appeal.2. The factual matrix is that the plaintiff-respondent used to get supply of imported coal for production of steel in its plant at Rourkela through Visakhpatnam Port. The coal was to be carried from ...
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Reported in : AIR2004Ori14
P.K. Tripathy, J. 1. Defendant No. 1 in Title Suit No. 18 of 1978 of the Court of Sub-Judge, Athagarh is the appellant as against a decree for partition granted by the said Court on the prayer of the plaintiff/respondent No. 1, vide the impugned judgment delivered on 9th August, 1979.2. Landed properties described in Schedule 'A' to 'E' are the subject matter of dispute in the suit for partition. Schedule 'A' property has been recorded in the name of Jairam Gochhayat, i.e. the adoptive father of the plaintiff and the defendant No. 1. The rest of the properties have been recorded in their names along with some other co-owners. The respective recorded tenants of Schedule 'C' to 'E' properties and their heirs figured as defendants 2 to 7 in the Court below. So far as the Schedule 'B' property is concerned, one Nabin was a co-recorded tenant. Plaintiff did not add any person as the heir and successor of Nabin on the ground of non-availability of any such heir and therefore, claimed half of...
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,ORISSA HIGH COURT: CUTTACK W.P.(Crl.) No.1684 of 2013 In the matter of an application under Articles 226 and 227 of the Constitution of India. -------------Nari @ Narasingh Mohanty, S/o. Magi Mohanty, AT: Bada Sahi Huma: Ganjam ...Petitioner -VersusUnion of India & others ...Opposite Parties For petitioner : M/s. D.R.Mohapatra, A.Pasayat & D.Samantray For Opp. Parties : Mr. A.K. Bose, Asst. Solicitor General of India (For O.P.1-Union of India) Mr. M.S. Sahoo Addl. Standing Counsel (For O.Ps. 2 to 6-State) -----------P R E S E N T: THE HONOURABLE MR. JUSTICE I.MAHANTY AND THE HONOURABLE MR. JUSTICE B.N. MAHAPATRA Date of Judgment: 22.09.2014 B.N. Mahapatra, J.The present Writ Petition seeking issue of a writ of Habeas Corpus has been filed by the petitioner-Nari @ Narasingh Mohanty challenging the legality of the order of his detention dated 15.11.2013 passed by the District Magistrate, Ganjam under Section 3(2) of the 2 National Security Act, 1980 on the ground that such order as well...
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