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Judgment Search Results Home > Cases Phrase: mediation Court: orissa Year: 2004 Page 1 of about 22 results (0.039 seconds)

Mar 19 2004 (HC)

Bhabagrahi Samantaray Vs. Satyabhama Swain

Court : Orissa

Decided on : Mar-19-2004

Reported in : 2004(I)OLR514

..... she was left in the house of her parents. this witness has also not stated anything about any ritual that had taken place during the marriage though he was a mediator. the petitioner examined himself as o.p.w.1 and he denied the marriage altogether. 5. on analysis of the entire evidence placed before the court, it appears that none ..... is dead in the meantime but the barber is alive. she has not stated anything about any ritual that had taken place during the marriage. p.w.3 is the mediator, who had arranged the marriage. in his evidence he has only stated that the marriage took place twenty years back and after keeping the opposite party for a period of .....

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Jan 06 2004 (HC)

Sk. Abdul Fakir Vs. Charulata Kapandia and 3 ors.

Court : Orissa

Decided on : Jan-06-2004

Reported in : 97(2004)CLT400; 2004(I)OLR251

orderp.k. tripathy, j. 1. heard learned counsel for the petitioner, learned counsels appearing for each of opposite parties 1 and 2 so also learned standing counsel and the writ petition stands disposed of in the following manner.2. opposite party no. 1 filed an application under regulation 3-a of orissa scheduled areas transfer of immovable property (by scheduled tribes) regulations, 1956 (in short 'the regulation') claiming that she is the owner of the property of plot no. 28 in mouza bentakarpada measuring an area of ac. 1.40 decimals on the basis of registered deed of sale executed on 19.3.1987 by the true owner i.e., the opposite party no. 2. since her husband is serving outside the mouza, she went and stayed with him and taking advantage of her absence the writ petitioner laid a false claim, initiated mutation case no. 634 of 1991 and got mutated in his favour an area of ac. 1.15 decimals from that plot i.e., the scheduled 'b' land and on that basis he is in illegal and unauthorised occupation of the schedule 'b' land. accordingly, she prayed for eviction of the petitioner and restoration of possession of scheduled 'b' property in her favour in accordance with the provision in regulation 3-a of the regulation. opposite party no. 2 i.e., the vendor of the opposite party no. 1 did not contest the case. petitioner contested that case advancing a conflicting claim of right, title and interest and validity of the order of mutation. on consideration of contention of the .....

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Jul 14 2004 (HC)

Sourindra Narayan Bhanja Deo Vs. Member, Board of Revenue and ors.

Court : Orissa

Decided on : Jul-14-2004

Reported in : 98(2004)CLT397

b.p. das, j.1. the petitioner has filed this writ petition under articles 226 and 227 of the constitution with the following prayers :(i) to quash the proceeding initiated in resumption case no. 2 of 1993 in respect of the disputed khasmahal leasehold land pending before the collector, puri;(ii) to quash the order of the member, board of revenue under annexure-5, sanctioning the resumption; and(iii) to direct opposite parties 2 and 3 to settle the said land permanently with the petitioner and his brothers, opposite parties 5 and 6, with heritable and transferable rights in terms of section 3(4)(c) of the orissa government land settlement act, 1962.2. the brief facts leading to this writ application as delineated tend to reveal that the petitioner's father raja sailendra narayan bhanja deo was the lessee in occupation of the case land in mouza bankimuhan (unit no. 26) tahasil - puri sadar under a khasmahal lease, the extent of which was ac. 1.566. the said lease was subsisting on 19.7.1982, when the petitioner's father - raja sailendra narayan bhanja deo died. after the death of the petitioner's father, opposite party no. 4, the mother of the petitioner, and opposite parties 5 and 6, his brothers, remained in possession of the case land having succeeded to the interest of the petitioner's deceased father. according to the petitioner, his father built a huge building upon the case land and after using it for residential purpose for some years had let it out to the deputy .....

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Mar 11 2004 (HC)

Jaysankar Agrawal Vs. Collector and anr.

Court : Orissa

Decided on : Mar-11-2004

Reported in : 2004(I)OLR538

orderk. tripathy, j. 1. this writ petition stands disposed of at the stage of admission on consent of learned counsel for both the parties. 2. this writ petition has been filed challenging to the order passed on 15.10.2001 by the collector, puri in misc. case no. 20 of 2001.3. the fact in dispute is not necessary to be restated here save and except nothing that application for mutation was disposed of by the tahasildar, puri vide mutation case no. 1092 of 1996 and that was called in question by the opposite party no. 2 by filing misc. case no. 20 of 2001. though the question of jurisdiction was raised by the present petitioner but without considering the same, learned collector, puri passed the impugned order and remanded the case for fresh disposal after setting aside order of mutation dated 20.2.2001 passed by the additional tahasildar, puri in the aforesaid mutation case no. 1092 of 1996. 4. learned counsel for the petitioner states that provision in survey and settlement act, 1958 and the rules, 1962 (in short 'the act' and 'the rules') made thereunder does not vest jurisdiction with the collector to exercise appellate or supervisory jurisdiction against mutation order of the tahasildar inasmuch as according to the provision in section 16 of the act read with rule 42 of the rules. sub divisional officer is the appellate authority and according to section 32 of the act power of revision has been invested with the board of revenue. accordingly, he argues that the impugned .....

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Mar 19 2004 (HC)

Shri Mahadev Bisi and ors. Vs. Niranjan Bisi

Court : Orissa

Decided on : Mar-19-2004

Reported in : 98(2004)CLT357

m.m. das, j.1. the plaintiffs in a suit for declaration of right, title, interest and confirmation of possession over the suit land, have preferred this appeal against the judgment passed by the learned lower appellate court remanding the case to the trial court to decide the suit afresh.2. the appellant-plaintiffs filed title suit no. 43 of 1993 before the learned civil judge (junior division), sonepur for declaration of their right, title, interest and confirmation of possession over the suit land described as 'ata sadharana', plot no. 448/662 having an area of ac. 0.852 decimals in khata no. 94/23 of mouza baghia, p.s. tarava, under sonepur tahasil, in the district of sonepur.3. it is admitted case of the parties that one paramananda mishra being the owner of ac. 10.00 acres of land including plot no. 448 executed four sale deeds on 23.3.1981 in favour of the plaintiffs, the brother of plaintiff nos. 2 and 3, the defendant and the brother of the defendant, transferring equal parts marked 'a', 'b', 'c' and 'd' in the sketch maps attached to the respective sale deeds.4. it is case of the plaintiffs that they purchased the northern part of the said plot no. 448 marked 'a' in the sketch map and the defendant purchased southern part marked 'c' in the sketch map. in mutation cases filed by both the parties, the portion marked 'a' and numbered as plot no. 448/662 has been recorded in the name of the defendant and the defendant's purchased land numbered as 448/667 has been .....

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Jan 09 2004 (HC)

Akshaya Kumar Panigrahi Vs. the State of Orissa and ors.

Court : Orissa

Decided on : Jan-09-2004

Reported in : 97(2004)CLT749

p. k.tripathy, j.1. to understand the case of the parties the admitted inter se relationship is required to be stated. the following genealogy gives that particular which is ascertainable from the facts stated in the impugned judgments : genealogy madan | -------------------------------- | | indumati loka janai (1st wife) (2nd wife) | | jogamaya | --------------------------------------------- | | | | chandrasekhar sadhu prafulla sobhagini | akshyaya 2. petitioner is the daughter's son of the common ancestor madan. the opposite party members are the sons through the 2nd wife. petitioner claims an equal share with the opposite party members on the properties of madan on the ground that madan died in 1967 and his married daughter sobhagini predeceased him in 1966 and therefore petitioner is a class - i heir in accordance with the provision in the hindu succession act to succeed to the properties of madan together with the other class - i heirs and therefore, the land record during the consolidation be prepared accordingly.3. that assertion of the petitioner is being contested by the opposite party members on the grounds that in a partition effected in the year 1964 madan mohan padhi, excluding the property bequethed in a will in favour of his 1st wife indumati, divided the remaining landed properties allotting one share to each of chandra sekhar and sadhu and one share together to loka janani (the 2nd wife) and prafulla the youngest son and madan did not retain anything to his .....

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Oct 07 2004 (HC)

Smt. Heeramani Munda Vs. the Collector and ors.

Court : Orissa

Decided on : Oct-07-2004

Reported in : 99(2005)CLT180

l. mohapatra, j.1. though this matter was listed for admission, on consent of the learned counsel for the parties, it was taken up for final disposal.2. the petitioner who is the sarpanch of budhikapudf grama panchayat has filed this writ application challenging the order in annexure-3 passed by the collector, keonjhar removing her from the post of sarpanch on the basis of resolution passed in a no-confidence motion.3. the case of the petitioner is that she was elected as sarpanch of the aforesaid grama panchayat under patna block and after assuming office she has been sincerely working for development of the grama panchayat. on the basis of a requisition made by some of the members, a meeting was fixed for holding of no-confidence motion on 30.7.2004 and the petitioner was issued with a notice dated 15.7.2004 by the sub-collector, keonjhar. it is alleged in the petition that on 30.7.2004 there was no discussion on the vote of no confidence against the petitioner, but the presiding officer without maintaining the secrecy of voting directed the voters to vote against the petitioner. the votes were also given in open. these allegations were brought to the notice of the collector in annexure-2 but in spite of the same, the collector passed the impugned order in annexure-3 on the basis of the resolution passed in the no-confidence motion. the learned counsel appearing for the petitioner challenged the resolution passed in the no-confidence motion as well as the order of the .....

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Jul 05 2004 (HC)

Karam Chand Mukhi and ors. Vs. Santosh Pradhan and anr.

Court : Orissa

Decided on : Jul-05-2004

Reported in : 2004CriLJ4380

orderp.k. tripathy, j.1. heard.2. this application under section 482 of the code of criminal procedure, 1973 (in short, 'the code') stands disposed of at the stage of admission, on hearing learned counsel for the petitioners, accused-opposite party no. 1 and learned standing counsel appearing on behalf of the state.3. the point of controversy, which has arisen in this case, is not a common feature which is experienced generally in usual course of a sessions trial. to appreciate that the fact situation relevant for the purpose, is succinctly noted :opposite party no. 1 as the sole accused is facing trial in s.t. case no. 14 of 2002, pending in the court of c.j.m.-cum-asstt., sessions judge, phulbani. charge for the offences under sections 376/306, i.p.c. has been framed. in november, 2002 learned additional prosecutor filed an application to examine four persons as witnesses on behalf of the prosecution outside that list of charge-sheeted witnesses. petitioners are three out of them. learned asstt. sessions judge rejected that application inter-alia, on the grounds that : (i) their statement is not available to the court; and(ii) their evidence is not essential for proper adjudication of the case. 4. as against that order, the prosecution preferred criminal revision petition no. 61 of 2002 in the court of sessions judge, phulbani. after hearing the prosecution and the accused, learned sessions judge passed order directing examination of the fourth person, viz., tuku alias .....

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Jun 28 2004 (HC)

Pradeep Kumar Medini Roy Vs. State of Orissa and ors.

Court : Orissa

Decided on : Jun-28-2004

Reported in : 2004CriLJ3655

a.k. patnaik, j.1. the question to be decided in this writ petition is whether the high court in exercise of its powers under articles 226 and 227 of the constitution of india should quash the charge-sheet filed in court after completion of investigation by the police and direct the c. b. i. to re-investigate into the case in the facts and circumstances of this case.2. an f. i. r. was lodged by one padma lochan sahu in nilgiri p.s. alleging that kumari anitarani sahu, the daughter of his brother late purna chandra sahu, who was a minor aged about 13 years, had been raped and murdered between 10 a.m. and 11 a.m. on 17-6-1995. it was alleged in the f. i. r. that kumari anitarani sahu had gone to take bath in nua pokhari with his brother jogeswar sahu. she kept her dresses and soap on the tank embankment and went to rajabagicha to attend to the call of the nature. when she did not return for more than half an hour, jogeswar returned home and informed his mother and thereafter her mother searched anita but could not find her. at about 5.30 p.m., however, anita was found lying dead in a 'kia' bush. she was lying naked facing the ground and there was heavy bleeding from her vagina, anus, chest, mouth and nose. the f. i. r. was registered as nilgiri p. s. case no. 63 of 1995 dated 17-6-1995 under section 376/302 of the indian penal code (for short 'i. p. c.'). the petitioner pradeep kumar medini roy was apprehended by the police on 20-6-1995 and forwarded to judicial custody on 21-6 .....

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Nov 11 2004 (HC)

Om Prakash Agrawal Vs. Bharat Petroleum Corporation and ors.

Court : Orissa

Decided on : Nov-11-2004

Reported in : AIR2005Ori64

a.k. parichha, j.1. petitioner has filed the present writ petition challenging the actions of opposite party nos. 1 to 3 appointing opposite party no. 4 as the dealer for the company owned retail outlet of bharat petroleum corporation at attabira in the district of bargarh. opposite party no. 1-bharat petroleum corporation ltd. (hereinafter referred to as 'the corporation') which is a government of india enterprise and is controlled and financed by the government of india, proposed to open company owned retail outlets at different places including attabira town in the district of bargarh and issued advertisement in the daily local news paper 'the new indian express' dated 25-8-2000 inviting applications from eligible physically handicapped candidates. in response to the said advertisement, several physically handicapped persons including the petitioner and opp. parties 4 and 5 submitted applications with the required information and documents. after scrutiny of the applications, the dealer selection board comprising of the chairman opp. party no. 3 and two members interviewed the candidates and submitted a report to opp. party no. 1 corporation recommending a panel of three names in order of merit; opp. party no. 4 being the first, opposite party no. 5 being the second and the present petitioner being the third. the corporation then made necessary field verification and found opp. party no. 4 to be the most suitable candidate for appointment as dealer for the company owned .....

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