Editorial Board. Hon ble Shri Justice L.Mohapatra Hon ble Shri Justice I.Mahanty Hon ble Shri Justice B.K. Patel

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2 Hon ble Shri Justice Harjinder Singh Bhalla being Sworn-in as Judge Orissa High Court by Hon ble Shri Justice V. Gopala Gowda, Chief Justice on Hon ble Smt. Justice Aruna Suresh being Sworn-in as Judge Orissa High Court by Hon ble Shri Justice V. Gopala Gowda, Chief Justice on Editorial Board Hon ble Shri Justice L.Mohapatra Hon ble Shri Justice I.Mahanty Hon ble Shri Justice B.K. Patel

3 Observance National Legal Services Day at Saheed Bhawan on Seen in the picture : Hon ble Chief Minister Orissa, Sri Naveen Patnaik, Hon ble Shri Justice V. Gopala Gowda, Chief Justice, Hon ble Shri Justice B.P. Das, Hon ble Shri Justice L. Mohapatra, Judges Orissa High Court, Sri Bikram Keshari Arukha, Hon ble Minister, RD & Law, Sri Pratap Jena, Hon ble Minister, Mass Education, Orissa. State Level Round Table Consultation held on in the Hotel The Crown, Bhubaneswar under the project Access to Justice for Marginalized People. Seen in the picture : Hon ble Shri Justice V. Gopala Gowda, Chief Justice, Hon ble Shri Justice B.P. Das, Hon ble Shri Justice L. Mohapatra, Judges Orissa High Court & Other dignitaries.

4 Farewell to Hon ble Shri Justice Bhabani Prasad Ray on His Lordship s transfer to Kerala High Court Seminar on Interplay between Competition Law and Consumer Protection Rights held at Cuttack on Seen in the picture : Hon ble Dr. Justice Arijit Pasayat, Chairperson, Competition Appellate Tribunal, New Delhi, Hon ble Shri Justice A.K. Ganguly, Hon ble Shri Justice A.K. Patnaik, Judges Supreme Court India, Hon ble Shri Justice B.P. Das and Hon ble Shri Justice L. Mohapatra, Judges Orissa High Court

5 CHIEF JUSTICE S BUNGALOW KILLA FORT, CUTTACK Phone : (0671) (Off.) (Res) (Res) Fax: (0671) (Res) (0671) (Off.) 21 st July, 2010 FROM THE DESK OF THE CHIEF JUSTICE I am very happy to release the XIV Issue the Court containing datas and information about the State Judiciary covering the period from October to December, In this age Right to Information, general public has a right to know about the activities all organs the State including the Judiciary and the Court is intended to provide public access to information on the functions and achievements the State Judiciary in general. I take this opportunity to say that litigants always want speedy and inexpensive justice and it is the duty all those concerned with dispensation justice to live upto their expectation so that the people s faith on the Judiciary will be further strengthened. I am sure Court will continue to provide valuable and useful information to its readers. (V. GOPALA GOWDA)

6 Inauguration Front Office in the District Court Premises at Cuttack on by Hon ble Shri Justice V. Gopala Gowda, Chief Justice in presence Hon ble Shri Justice B.P. Das, Hon ble Shri Justice L. Mohapatra, Hon ble Justice M.M. Das, Hon ble Shri Justice H.S. Bhalla, Hon ble Shri Justice B.N. Mahapatra, Hon ble Shri Justice B.K. Patel, Judges Orissa High Court. Seminar on Constitution India & Role District Judiciary at Orissa High Court, Cuttack on Seen in the picture : Hon ble Shri Justice V. Gopala Gowda, Chief Justice, Hon ble Shri Justice B.P. Das, Hon ble Shri Justice L. Mohapatra, Judges Orissa High Court & Other dignitaries. A scene affection & human touch. Hon ble Shri Justice P.K. Mohanty feeding a mentally ill child in the Psychiatric Ward SCB Medical College & Hospital, Cuttack on the occasion observance World Mental Health Day on

7 Inauguration the Court Judge, Family Court at Bhubaneswar on by Hon ble Shri Justice A.K. Patnaik, Judge, Supreme Court India in presence Hon ble Shri Justice V. Gopala Gowda, Chief Justice, Hon ble Shri Justice B.P. Das, Hon ble Shri Justice L. Mohapatra, Judges Orissa High Court & Shri Prafulla Chandra Ghadei, Hon ble Minister, Finance. Intensive Mediation Training Programme for AdvocateMediators at Cuttack from to Seen in the picture : Hon ble Shri Justice V. Gopala Gowda, Chief Justice, Hon ble Shri Justice B.P. Das, Hon ble Shri Justice L. Mohapatra, Judges Orissa High Court & other dignitaries Lighting Lamps by Hon ble Guests on the occasion Obervance National Legal Service Day at Saheed Bhawan, Cuttack on

8 CONTENTS 01. Names Hon ble the Chief Justice... 2 and Hon ble Judges Orissa High Court. 02. Transfer and Appointment Hon ble Judges Sanctioned strength & vacancies in Orissa High Court Institution, Disposal and Cases in the High Court... 4 from to 05. Annual statements showing Institution, Disposal and Cases... 4 in the High Court from to 06. Sanctioned strength & vacancies in District & Subordinate Courts Institution, Disposal and Cases in... 6 District & Subordinate Courts from to 08. Annual statements showing Institution, Disposal and Cases in District & Subordinate Courts from to 09. Outlines some recent Orissa High Court Judgments Major Events Programmes attended by Hon ble the Chief Justice & Hon ble Judges Orissa High Court at Bhopal & other places. 12. Activities Orissa Judicial Academy Activities Orissa State Legal Services Authority Activities High Court Legal Services Committee... 40

9 2 Court HON BLE JUDGES OF THE ORISSA HIGH COURT HON BLE THE CHIEF JUSTICE Hon ble Shri Justice V. GOPALA GOWDA, B.Sc.,LL.B. HON BLE JUDGES Hon ble Shri Justice B.P. Das, M.A., LL.B. Hon ble Shri Justice L. Mohapatra, B.Sc., LL.B. Hon ble Shri Justice Pradip Kumar Mohanty, LL.B. Hon ble Shri Justice M.M. Das, M.A., LL.B. Hon ble Shri Justice R.N. Biswal, M.A., LL.M. Hon ble Shri Justice I. Mahanty, LL.M. Hon ble Shri Justice H.S.Bhalla, B.A., LL.B. Hon ble Smt. Justice Aruna Suresh, B.A., LL.B. Hon ble Kumari Justice Sanju Panda, B.A., LL.B. Hon ble Shri Justice B.N. Mahapatra, M.A., LL.B., PGDTL. Hon ble Shri Justice B.P. Ray, LL.B. Hon ble Shri Justice S.C. Parija, LL.B. Hon ble Shri Justice B.K. Patel, M.A., LL.B. Hon ble Shri Justice B.K. Nayak, LL.M. Hon ble Shri Justice S.K.Mishra, M.A., LL.B. Hon ble Shri Justice C.R.Dash, LL.M. Appointed on Transferred on

10 TRANSFER OF HON BLE SHRI JUSTICE BHABANI PRASAD RAY AS JUDGE OF KERALA HIGH COURT. Court 3 Name the Hon ble Judge Date Birth Date Appointment as Addl. Judge & Permanent Judge Orissa High Court. Sworn-in as Judge the High Court Kerala Hon ble Shri Justice Bhabani Prasad Ray APPOINTMENT OF HON BLE JUDGES OF THE ORISSA HIGH COURT Name the Hon ble Judge Date Birth Sworn-in as Judge the High Court Orissa Hon bleshri Justice Harjinder Singh Bhalla Hon ble Shrimati Justice Aruna Suresh SANCTIONED STRENGTH & VACANCIES IN HIGH COURT (AS ON ) Sanctioned Strength Working Strength Vacancies * = * = 16 5 (A)* Addl. Judges

11 4 Court INSTITUTION, DISPOSAL AND PENDENCY OF CASES IN THE HIGH COURT (From to ) MAIN CASES Institution during the period Total disposal during the period Civil Criminal Civil Criminal Civil Criminal Civil Criminal MISC. CASES Institution during the period Total disposal during the period Civil Criminal Civil Criminal Civil Criminal Civil Criminal TOTAL NO. OF CIVIL & CRIMINAL CASES DURING THE PERIOD (From to ) Civil Criminal Pending ANNUAL STATEMENTS SHOWING INSTITUTION, DISPOSAL AND PENDENCY OF CASES IN THE HIGH COURT (From to ) MAIN CASES Institution during the period Total disposal during the period Civil Criminal Civil Criminal Civil Criminal Civil Criminal

12 Court 5 MISC. CASES Institution during the period Total disposal during the period Civil Criminal Civil Criminal Civil Criminal Civil Criminal TOTAL NO. OF CIVIL & CRIMINAL CASES DURING THE PERIOD (From to ) Civil Criminal Pending Grand Total SANCTIONED STRENGTH & VACANCIES IN DISTRICT AND SUBORDINATE COURTS (A) DISTRICT & SUBORDINATE COURTS (As on ) (Regular Establishment) Sl. No. Category Posts 1. District Judge Cadre 2. Sr. Civil Judge 3. Civil Judge / Gram Nyayadhikari Sanctioned Strength Working Strength Vacancies = Special Judicial Magistrates (B) FAST TRACK COURTS (As on ) Functional Strength Present Strength Vacancies Nil

13 6 Court Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total : STATEMENTS SHOWING INSTITUTION, DISPOSAL & PENDENCY OF CIVIL & CRIMINAL CASES IN THE SUBORDINATE JUDICIARY FROM TO CIVIL SUITS CIVIL APPEALS CIVIL MISC. APPEALS

14 Court 7 CIVIL REVISIONS EXECUTION PROCEEDINGS M.A.C.T. CASES SESSIONS CASES CRIMINAL APPEALS M.J.Cs. / SPECIAL ACT CASES Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total : Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total :

15 8 Court Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total : Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total : CRIMINAL REVISIONS CRIMINAL MISC. CASES SPECIAL ACT CASES PREVENTION OF CORRUPTION ACT (VIG. + C.B.I.)

16 Court 9 Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total : CRIMINAL CASES OF MAGISTERIAL COURTS Gen. File Trial File Total Gen. File Trial File Total Gen. File Trial File Total TOTAL NO. OF CIVIL AND CRIMINAL CASES DURING THE PERIOD FROM TO CIVIL CRIMINAL

17 10 Court Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total : ANNUAL STATEMENTS SHOWING INSTITUTION, DISPOSAL & PENDENCY OF CIVIL & CRIMINAL CASES IN THE SUBORDINATE JUDICIARY FROM TO CIVIL SUITS CIVIL APPEALS CIVIL MISC. APPEALS

18 Court CIVIL REVISIONS EXECUTION PROCEEDINGS M.A.C.T. CASES SESSIONS CASES CRIMINAL APPEALS M.J.Cs. / SPECIAL ACT CASES Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total : Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total :

19 12 Court Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total : Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total : CRIMINAL REVISIONS CRIMINAL MISC. CASES SPECIAL ACT CASES PREVENTION OF CORRUPTION ACT (VIG. + C.B.I.)

20 Court 13 Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total : CRIMINAL CASES OF MAGISTERIAL COURTS Gen. File Trial File Total Gen. File Trial File Total Gen. File Trial File Total TOTAL NO. OF CIVIL AND CRIMINAL CASES DURING THE PERIOD FROM TO CIVIL CRIMINAL Grand Total

21 14 Court OUTLINES OF SOME RECENT ORISSA HIGH COURT JUDGEMENTS M/S. KALINGA INSTITUTE OF INDUSTRIAL TECHNOLOGY -V- COMMISSIONER OF INCOME TAX, ORISSA,BBSR & ANR. W.P.(C ) NO OF 2009 (Dt ) INCOME TAX ACT, 1961 SEC.12-AA (3). Registration Institution Commissioner Income Tax issued notice U/s.12 AA (3) for cancellation registration Income Tax Appellate Tribunal quashed the earlier order cancellation holding that the power is required to be exercised cautiously and consciously Held, power U/s.12 AA (3) I.T. Act may be exercisable by the Commissioner only on recording his satisfaction the circumstances that may warrant the exercise such power and to record in the notice the basis for initiation such proceeding Impugned notice Dt U/s. 12 AA (3) I.T. Act is quashed. (V.Gopala Gowda, CJ & I. Mahanty, J.) STATE OF ORISSA -V- ARDHU CHENDREYA DSFEF NO.2 0F 2010 & JCRLA NO.14 OF 2010 (Dt ) CRIMINAL PROCEDURE CODE, 1973 SEC.354 (3), 366. Rape and murder minor girl Conviction U/s. 302 & 376(2) (f) I.P.C. Trial Court found it to be a rarest rare case and imposed Death Penalty directing to hang the convict by neck till his death Hence this reference. Conviction based on circumstantial evidence but this Court found the allegations have been brought home substantially except one flaw in the investigation i.e. the omission to compare the hairs collected from the private part the victim with the sample pubic hair collected from the accused Held, since the convict has no Criminal background and during his detention no adverse report has been submitted by the jail authorities and he has a family to support and there appears to be no premeditation or previous planning, this Court comes to a conclusion that the severest the punishment i.e. death penalty is not proper and inclined to impose life imprisonment with further condition that in this case remission sentence should not be considered before completion 25 years incarceration Reference made is discharged and appeal filed by the appellant is partly allowed. (Pradip Mohanty, J & S.K.Mishra, J.) SUJATA AGRAWAL -V- ZONAL MANAGER, L.I.C. OF INDIA & ORS. W.P.(C ) NO.8799 OF 2008 (Dt ) INSURANCE ACT, 1938 SEC.45 Insurance Policy issued on First premium paid Policy holder suffered from kidney problem Expired on due to Cardiac arrest Petitioner being the nominee approached the authorities for settlement death claim Claim repudiated Hence the writ petition. Deliberate wrong answers given in Column-II the proposal form that the policy holder had no kidney, heart, brain problem Opp.Parties collected informations that the patient was a known case kidney disease Moreover CRF/ESRD is not a disease which would have affected the policy holder overnight Held, there is deliberate suppression material facts Policy obtained with fraudulent act Repudiation claim is justified. (L.Mohapatra, J & C.R.Dash, J.)

22 CHAKRADHAR PADHIARY -V- P.O., INDUSTRIAL TRIBUNAL, BBSR & ANR. O.J.C. NO.9641 OF 1998 (Dt ). CONSTITUTION OF INDIA, 1950 ART.311 (2). Court 15 Departmental Proceeding Petitioner is a workman under the O.P.2-management The petitioner while working as a security guard a theft occurred in the factory premises and the stolen articles were seized from the house the petitioner Petitioner was placed under suspension Inquiry Officer found the petitioner guilty Petitioner was dismissed from service and raised Industrial Dispute Criminal Case against the petitioner ended in acquittal No evidence led or materials produced on behalf the management to prove such seizure the stolen articles from the house the petitioner Entire conclusion arrived at by the Tribunal is found to be based on surmises and conjecturers Held, impugned award is quashed and the petitioner be reinstated in service and the period during which he was out service shall be treated to be included in his period service and since the management has not got any benefit from the petitioner when he was out service he should be paid 25% the back wages from the date his dismissal till the date reinstatement. RABINARAYAN ACHARYA -V- STATE OF ORISSA. CRLMC NO.189 OF 2010 (Dt ) CRIMINAL PROCEDURE CODE, 1973 SEC.202, 311. (M.M.Das, J.) If a Court exercises its power U/s.311 Cr.P.C. while conducting an enquiry U/s.202 Cr.P.C. and calls witness to give evidence or to produce material objects or documents which in turn goes against the complainant s allegations in such a fact situation alone, opportunity should be given to the complainant either to cross-examine the Court witness or to afford an opportunity to explain the evidence. In the present case there being no substance in the case put forth on behalf the complainantpetitioner the impugned order passed by the learned S.D.J.M. is affirmed. (I.Mahanty, J.) CHIRANTAN SAHU -V- STATE OF ORISSA. CRLMC. NO.2972 OF 2006 (Dt ) CRIMINAL PROCEDURE CODE, 1973 SEC.482. Quashing proceeding in G.R.Case Offence U/s.399, 402 I.P.C. Petitioner remained as an absconder No prima facie case against the petitioner Co-accused persons who faced trial have been acquitted Moreover in this case P.W.11 a police-sub-inspector was the informant as well as Investigating Officer Natural justice require that in the event police ficer becomes the informant he should not conduct the investigation as he has to give evidence as a witness in course trial Moreover the prosecution evidence regarding the alleged preparation dacoity is based on the alleged confession a co-accused which evidence is clearly not admissible There exists no other evidence to show that the accused persons were making any preparation committing dacoity apart from the confession the co-accused Held, no real purpose would be served by directing the continuance the Criminal Proceeding against the petitioner since the chance conviction the petitioner is totally bleak Impugned Criminal Proceeding in the G.R.Case is quashed against the petitioner. (I.Mahanty, J.)

23 16 Court BIDHU BISOYI & ANR. -V- STATE OF ORISSA. CRLMA. NO.152 OF 2010) (Dt ) CRIMINAL PROCEDURE CODE, 1973 SEC.437, 439. Bail Conditions while granting bail Direction to deposit very high amount cash or fixed deposit as security, amounts to denial bail. In this case one co-accused who is a sitting MLA was released on bail by this Court on furnishing cash security Rs.3 lakhs with other conditions So the learned trial Court allowed the present petitioners on bail on the ground parity with similar conditions Hence this application to set aside the same. Parity does not mean to impose same conditions which may vary depending upon the social and economic status, position and affordability the accused persons Held, this Court set aside the conditions imposed by the trial Court by imposing fresh conditions. SILICON INSTITUTE OF TECHNOLOGY & ORS.-V- STATE OF ORISSA & ORS. W.P.(C ) NOS OF 2010 (WITH BATCH) (Dt ) ALL INDIA COUNCIL FOR TECH. EDUCATION ACT, 1987 SEC.10(1) (k). (B.K.Nayak, J.) Education Technical Institution Introduction 2 nd shift B.Tech Course Approved by AICTE Petitioner institution applied to BPUT for affiliation Policy planning body refused affiliation in view large number vacancies in single shift Technical Educational Institutions Hence the writ petition. U/s.4(6) (a) Orissa Pressional Educational Institution (Regulation Admission and fixation fees) Act,2007, Policy planning body is to regulate the admission process fair, transparent, merit based and non-exploitative but it can not sit over the decision the Council granting approval. Held, impugned notification Dt is quashed BPUT is directed to grant affiliation to the 2 nd shift B.Tech Course the petitioner-institutions for the Academic Session with further direction to OJEE to include the said course the petitioner-institutions in the ensuing E-Counseling. BASANTI CHAMPATI -V- STATE OF ORISSA & ANR. CRLREV. NO.795 OF 2008 (Dt ) CRIMINAL PROCEDURE CODE, 1973 SEC.202. (R.N.Biswal, J.) Order taking cognizance Magistrate is required to see whether the materials on record prima facie reveal a case as alleged by the complainant or otherwise He is not required to examine in detail to see whether the statements witnesses are sufficient to convict the accused. Held, order refusing to take cognizance the fence alleged is not sustainable and the learned Magistrate is further directed to reconsider the matter. (S.K.Mishra, J.) STATE OF ORISSA & ANR.-V-ALL ORISSA PRIVATE SECONDARY TRAINING SCHOOLS MANAGEMENT ASSOCIATION & ANR. WRIT APPEAL NOS.148 OF 2010(With Batch)(Dt ). Education C.T. Examination Students private C.T. Colleges filed writ petition to appear in C.T. Examination, 2009 Learned Single Judge allowed their prayer Order challenged in writ appeal.

24 Court 17 State Government vide press Note Dt allowed students unrecognized private C.T. Colleges to appear in 1990 C.T. examination as the last chance and no further opportunity would be given and the institutions should undertake not to admit any student in future A Division Bench this Court, in the case Managing Committee Swarna Chuda Secondary Training School & others V- State Orissa and others, has upheld the decision the Government So the prayer the petitioners basing on the existence infrastructure and genuineness the students can not be accepted The issue raised in the present appeal have already been settled by the above Division Bench The learned single Judge has ignored the ratio decidendi decided by the Division Bench which has the effect a binding precedent Held, the judgment the learned single Judge is not legal hence set aside. ( V.Gopala Gowda, CJ & I.Mahanty, J.) PRIYATAMA SAHOO -V- G.M.(P) MAHANADI COAL FIELDS LTD. & ORS. W.P. ( C) NO.4119 OF 2009 (Dt ) ORISSA CIVIL SERVICE (REHABILITATION ASSISTANCE) RULES, 1990, RULE 5. Rehabilitation Assistance Scheme Petitioner applied for employment as her husband-employee expired leaving behind her and her minor daughter Authorities insisted to furnish No Objection Affidavit from all major dependants the deceased Petitioner was tortured by her in laws and unable to file such affidavit Hence the writ petition for a direction to provide her employment without No Objection Affidavit. Clause the circular indicates that for the purpose rehabilitation, dependants means spouse the deceased, their daughter, son and adopted son and in their absence younger brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependant on the earnings the deceased. Held, in view the above scheme the petitioner being the only major dependant the deceased, the Opp.Parties are directed to process the rehabilitation assistance application the petitioner without insisting upon a No Objection Affidavit. (Pradip Mohanty, J & S.K.Mishra, J.) JAGANNATH DAS -V- COMMISSIONER OF ENDOWMENTS, ORISSA,BBSR & ANR. O.J.C. NO.737 OF 1993 (Dt ) ORISSA CIVIL SERVICES (C.C.A.) RULES, 1962, RULE 15. Disciplinary Inquiry If there has been no proper inquiry and some important witnesses were not available at the time inquiry and were not examined, the disciplinary authority may ask the inquiry ficer to record further evidence but he has no power to remand the departmental proceeding to the inquiry ficer for fresh enquiry. Moreover under Clause 9 the Rule 15 the disciplinary authority has enough power to reconsider the evidence itself and come to its own conclusion. Held, action O.P.1 insetting aside the report the inquiring ficer and remanding the case for fresh disposal is contrary to Rules hence not sustainable. (Pradip Mohanty, J & S.K.Mishra, J.) BASANTA KUMAR PRADHAN & ORS. -V- STATE OF ORISSA & ORS. W.P. (C) NO OF 2009 (Dt ) Examination Annual +2 Exam. Conducted by C.H.S.E. Orissa Report subject Experts that students have given identical answers in History Paper-I Examination Committee took the decision to award 00 marks Presumption that petitioners adopted malpractice Certificate Centre Superintendent shows in criminating materials were collected by the Fly Squad from inside and out side the Examination

25 18 Court Hal No such incriminating materials were placed before the Examination Committee or subject Experts to find out if any the petitioners took aid such materials No such materials also found from the possession any particular student Held, the decision taken by the Examination Committee can not be sustained which is quashed O.P.2 and 3 are directed to publish the result the petitioners and O.P.4 to supply them their mark sheets and certificates. (M.M.Das, J.) TIPNNA KESAB REDDY -V- STATE OF ORISSA & ORS. W.P.(C ) NO.2599 OF 2009 (Dt ) ORISSA GRAM PANCHAYAT ACT, 1964 S.11(b) & 11(c) (iii). A person on completing 20 years age attains the age 21 years and he is not required to complete 21 years age for the purpose Section 11 ( c) (iii) the Act. In the present case the age the petitioner was 20 years 7 months 15 days on the date filing nomination but his election as Sarpanch was challenged on the ground tht he had not completed 21 years age on the said date. According to Black s Law Dictionary the word attain means to reach or come to by progression or motion to arrive at as to attain a ripe old age Thus to attain the age 21 years would unambiguously mean that a person on completing 20 years age attains the age 21 years So accepting the date birth the petitioner in the matriculation certificate he has already attained the age 21 years as mandated U/s.11 (c ) (iii) the Act and the learned Courts below have erred in law in interpreting the said clause to the effect that a person should complete 21 years age at the time filing nomination paper The nomination paper the petitioner was rightly accepted as he had already attained 21 years age on the date filing nomination paper Held, impugned judgments passed Election Tribunal as well as the appellate authority are quashed The petitioner shall continue as the elected Sarpanch Ekasingi Gram Panchayat. (M.M.Das, J.) JAGABANDHU SWAIN & ORS. -V- STATE OF ORISSA. CRLA. NO.55 OF 1992 (Dt ) PENAL CODE, 1860 SECS.307/149. Appeal against conviction For the last 23 years i.e. since the date registration the case, the appellants have been facing mental stress and agony the trial and a sword conviction has been persistently hanging over their head Ends justice would be amply met if a lenient view in the matter sentence is taken against the appellants Held, conviction recorded against the appellants shall be maintained but the period sentence awarded to them by the Court below is reduced to the period, which they have already undergone However, the appellants are directed to pay Rs.30,000/- as compensation to be shared by all the injured persons failing which the order passed by the trial Court shall become operative. ( H.S.Bhalla, J.) M/S. INDIAN OIL CORPORATION LTD.-V- M/S. FREEDOM FILLING STATION. W.P.( C) NO.5328 OF 2009 (Dt ) CIVIL PROCEDURE CODE, 1908 ORDER 39, RULE 1 & 2. Agreement between the parties determinable in nature Trial Court ought not have granted status quo order and the appellate Court should not have confirmed it. In this case the learned Civil Judge has not discussed about irreparable loss and balance convenience Moreover on refusal the interim relief if the Opp.Party has sustained any loss, it could

26 Court 19 have been compensated by money had it won the suit In the absence irreparable injury, the order status quo can not stand Held, impugned orders both trial Court and appellate Court are set aside. (R.N.Biswal, J.) JHULLA SAHOO (DEAD) HIS LEGAL HEIRS SABITRI SAHOO & ORS. -V- MINATIBALA BEHERA & ORS. O.J.C. NO.5637 OF 2002 (Dt ) CIVIL PROCEDURE CODE, 1908 ORDER 6, RULE 17. Amendment written statement on remand Amendment withdrawing admissions made in the written statement Application refused Revision filed Revision dismissed Hence the writ petition. Once the pleadings contain an admission in favour an adversary,, such admission can not be allowed to be withdrawn by way amendment, if such withdrawal would amount to totally displacing the case such adversary and which would cause him irretrievable prejudice Held, no tenable ground to interfere with the impugned order rejecting the proposed amendment. (B.K.Patel, J.) ESSEL MINING & INDUSTRIES LTD.BARBIL -V- COMMISSIONER OF SALES TAX & ANR. W.P.( C) NO OF 2006 (Dt ) ORISSA VALUE ADDED TAX ACT, Registration Certificate Under the Orissa Value Added Tax Act, 2004 and the Central Sales Tax Act, 1956 Deletion goods namely High Speed Diesel (H.S.D) and Cement from Registration Certificate the petitioner since they are not required in the manufacture finished goods Question for consideration is whether consumption/use HSD and Cement are integrally connected in the process mining activity undertaken by the dealer Held, the goods intended for use integrally connected with production finished goods without which commercial production would be commercially in expedient is required to be incorporated in registration certificate HSD being directly consumed in running the machineries for extracting and processing minerals, the same us found to be integrally connected in the mining operation and processing mining operation and processing mining ore But as regards Cement the authorities are to consider whether it is integrally connected in the operation mining Functional test is to be applied for determination. (V.Gopala Gowda, CJ & B.N.Mahapatra, J.) SABITRI BAGH -V- BHAJI BAGH W.P.(C ) NO OF 2010 (Dt ) (A) ORISSA PANCHAYAT SAMITI ACT, 1959 S.44-C. Section 44-C the Act clearly states as to who are to be added as parties in an electuion dispute So the Court trying the election dispute as well as the appellate Court can not exercise jurisdiction like a Civil Court by directing addition Parties under Order 1 Rule 10 C.P.C. in an election petition. (B) ORISSA PANCHAYAT SAMITI ACT, 1959 S.44-Q, 44-H. Learned Civil Judge (Sr.Divn.) is empowered U/s.44 (H) to exercise jurisdiction vested in a Court under C.P.C. while trying a suit in respect the matters mentioned in the said Section Held, the learned subordinate Judge, who is to try an election dispute under the Act as well as the appellate authority i.e. District Judge can not be held to be persona designata Held, the contention that the learned Addl. District Judge has not power to decide the appeal can not be accepted.

27 20 Court (C) ORISSA PANCHAYAT SAMITI ACT, 1959 S.44-Q. Election dispute If the appellate Court felt that the evidence the Election Officer was very much essential for just adjudication the dispute should have summoned the Election Officer and recorded his evidence himself and should not have remitted the matter back to the Court below for the said purpose Held, when the Act does not vest the jurisdiction on the said Courts to exercise all the powers the Civil Court as per the code Civil Procedure, it can not be construed that the appellate Court has jurisdiction under Order 41, Rule 28 C.P.C. to remit the matter back to the Court below to take additional evidence. (M.M.Das, J.) GELHEI MALLIK & ORS. -V-DIBAKAR MALLICK & ORS. W.P.(C) NO OF 2010 (Dt ) CIVIL PROCEDURE CODE, 1908 ORDER 9, RULE 9. Suit dismissed for default Application filed under Order 9, Rule 9 C.P.C. for restoration the Suit Defendants filed application under Order 39, Rule 1 C.P.C. for grant interim injunction Application allowed directing status quo against plaintiffs Plaintiffs challenged the order before the Addl. District Judge who confirmed the same Hence the writ petition. An interim order injunction either prohibitory or mandatory is always passed relating to the subject matter the suit Held, in the present case since the suit is dismissed an application for interim injunction is not maintainable in an application filed by the plaintiff under Order 9, Rule 9 C.P.C. Orders passed by the learned Trial Court and the lower appellate Court are set aside. (M.M. Das, J.) PADMABATI NAYAK -V- STATE OF ORISSA & ORS. W.P.( C) NO.6615 OF 2010 (Dt ) Service law Anganwadi worker Recruitment Not covered by any statute As per guidelines applicant should be a permanent resident the concerned village/awc area Petitioner was selected although she secured less points than O.P.5 as O.P.5 failed to file residential certificate Subsequently O.P.5 produced residential certificate and petitioner s appointment was set aside Hence the writ petition. Ordinarily qualification or extra qualification laid down for the recruitment should be considered as on the last date for filing the application In this case O.P.5 did not produce permanent residence certificate at the time filing application but produced subsequently Held, the impugned order passed on the basis a certificate subsequently issued and produced is not sustainable in law - No illegality in the engagement the petitioner. (B.K.Patel, J.) PADMANAVA CHOUDHURY -V- DEBENDRA KUMAR MOHANTY W.P.(C ) NO.2086 OF 2010 (Dt ) CIVIL PROCEDURE CODE, 1908 ORDER 39, RULE 1 & 2. Temporary injunction Before issuing such order Court must be satisfied. Firstly, that there is a serious question to be tried in the suit and that on the facts before the Court there is a probability his being entitled to the relief asked for by the Plaintiff-petitioner. Secondly, the Courts interference is necessary to protect him from that species injury which the Court calls irreparable, before his legal right can be established on trial and Thirdly, that the comparative mischief or inconvenience which is likely to issue from withholding the injunction will be greater than that which is likely to arise from granting it.

28 Court 21 The first condition is generally termed a prima facie case in other words prima facie existence a right and its infringement Prima facie case is not to be confused with prima facie title Prima facie title can be established by evidence Prima facie case means, a substantial question raised bona fide which at first sight needs investigation and adjudication Existence prima facie case by itself is not sufficient to grant injunction temporary nature The applicant has to satisfy the second condition by showing that unless such an injunction is granted in his favour, he shall suffer an injury, which can not be adequately compensated by awarding damages The third condition is called the principle balance convenience In applying these principles, the Court should weigh the amount substantial mischief that is likely to be caused to the other side if the injunction is granted Where all the conditions are satisfied a temporary injunction may never the less be refused for other reasons. In the present case registered sale deeds have been executed in favour the present Opp.Party and his name has been mutated in respect the suit land but fact remains that he has not taken possession the same so although it is prima facie established that the Opp.party has got a bona fide right in his favour but he is not in possession the suit lands so neither the balance convenience is in his favour for issuing injunctions nor there is any chance for him to suffer irreparable loss. Held, status quo order passed by the learned trial Court and confirmed by the appellate Court are quashed. (S.K.Mishra, J.) M/S. ORTEL COMMUNICATIONS LTD.-V-K.RAGHURAMAYA & ANR. CONTC. NO.913 OF 2010 (Dt ) CONTEMPT OF COURTS ACT, 1971 SEC.12. Contempt Courts Writ petition filed by the Contempt-Petitioner dismissed No order passed in its favour He has no cause action to file a Contempt petition. Prayer for withdrawal the Contempt application was turned down by this Court since the process the Court had already been initiated at the behest the petitioner effecting the interest other parties and that too with an oblique motive. Contempt petition filed during vacation Under Chapter-III, Rule 3 the Orissa High Court Rules, 1948, a Contempt petition can not be portrayed as an Urgent matter to be listed during vacation Filing such petition amounts to an abuse the process the Court and therefore contumacious in nature Held, Contempt petition is dismissed with costs Rs.25,000/-. (V.Gopala Gowda, CJ & I. Mahanty, J.) POLICY PLANNING BODY & ANR.-V- SILICON INSTITUTE OF TECHNOLOGY & ORS. W.A. NOS.328 OF 2010 (Wth Batch)(Dt ) ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987 SEC.10 (1)(k). Technical Education Grant approval for opening Second shift B.Tech Course AICTE is the competent authority to grant such approval where as Policy Planning Body Under Act 2007 can only regulate admission and fee structure and other related matters Learned single Judge rightly granted relief to the writ petitioners Writ appeals filed by the Policy Planning Body Their contention that opening Second shift B.Tech Course will affect technical education in the back ward areas the State Orissa is not tenable as the students would prefer the colleges in the urban areas Notification Dt the Government Orissa in Industries Department was rightly quashed by the learned single Judge as it was in contravention the AICTE Act Moreover notification can not override the permission granted by the AICTE Held, the impugned order passed by the learned single Judge is legal & valid hence confirmed by this Bench. (V.Gopala Gowda, CJ & B.N.Mahapatra, J.)

29 22 Court NIRMAL KUMAR DAS -V- ORISSA POWER TRANSMISSION CORPORATION LTD. & ORS. W.P.(C ) NO OF 2006 (Dt ) Departmental Proceeding Petitioner remained on leave on medical ground Medical Board found him fit to resume duty Charge framed against the petitioner for availing leave on false plea Order punishment passed dismissing the petitioner from service Hence the writ petition. Medical Board formed an opinion on the basis the documents produced by the petitioner without examining the petitioner physically None the doctors in the Medical Board was urologist and no test had been conducted on the petitioner Report the Medical Board which formed the basis the charge not produced before the Enquiring Officer Evidence Dr.B.C.Satpathy shows that the petitioner was having some problem relating to his kidney - Finding the Enquiring Officer that the petitioner submitted leave application on false grounds is unsustainable Held, findings the Enquiring Officer and consequently the order punishment is set aside. (L.Mohapatra, J & C.R.Dash, J.) RAMAKANTA RATH -V- HIGH COURT OF ORISSA & ANR. W.P. (C) NO OF 2005 (Dt ) CONSTITUTION OF INDIA, 1950 ART. 311 (2). Departmental proceeding Petitioner was working as Senior Assistant-cum-Peskar Charge framed for interpolation orders this Court and deliberate refusal to receive the order suspension He was found guilty and reduced to Junior Assistant Appeal filed by him was dismissed Hence the writ petition. So far as the first charge is concerned there is no evidence on record except the evidence two witnesses that the petitioner had taken the record from the copying section, although he was not in custody the record all through No presumption can be drawn that the petitioner must have interpolated the order Held, finding the inquiry ficer is set aside being based on no evidence - So far the Second charge is concerned there is material that the petitioner had deliberately avoided to receive the order suspension Held, petitioner is guilty the Second charge but not the first charge Punishment imposed by the disciplinary authority appears to be disproportionate Held, order punishment as well as the appellate order is set aside and the matter remitted to the disciplinary authority to impose appropriate punishment relating to the second charge. (L.Mohapatra, J & C.R.Dash, J.) BHARATI MAHANTA -V- NARAHARI MAHANTA & ANR. CRLMC. NO.1734 OF 2009 (Dt ) CRIMINAL PROCEDURE CODE, 1973 SEC.125. Father-in-law and Mother-in-law claimed maintenance from daughter-in-law Maintainability the application Son the Opp.Parties (husband the petitioner) expired while working as a peon Petitioner received all the death-cum-pensionary benefits including the job a peon under the Rehabilitation Assistance Scheme. Since the trial Court as well as the lower Revisional Court have given concurrent views regarding maintainability the proceeding the issue as to whether the petitioner would be liable to pay maintenance to the Opp.Parties or not would be decided in the trial Held, in the above circumstances - Since Second Revision is clearly prohibited U/s. 397 (3) Cr.P.C. and there being no special case made out by the petitioner to entertain the present application U/s.482 Cr.P.C. especially when proceeding U/s.125 Cr.P.C. is pending for adjudication on merit the present petition U/s.482 is not maintainable. (I.Mahanty, J.)

30 Court 23 (A) PENAL CODE, 1860 SEC.302. BHIMASEN BHOI -V- STATE OF ORISSA. JCRLA NO.32 OF 2001 (Dt ) Murder Appellant gave three successive blows with a Tangia which severed the head the deceased from the trunk Evidence P.W.2 corroborated with the evidence the doctor (P.W.6) Doctor opined that the injuries on the neck and body the deceased could be possible by the Tangia Evidence P.W.10 shows that on the date occurrence the appellant appeared before him with a blood stained Tangia and the cut head the deceased and confessed his guilt Chemical examination report shows that the said Taniga contained human blood which tallies with the blood group the deceased Held, there is no infirmity in the impugned judgment convicting the appellant U/s.302 I.P.C. (B) PENAL CODE, 1860 SEC.300. Conviction for murder. Learned Counsel for the appellant relied on the injury report (Ext.12) the appellant to prove that he had been assaulted by the deceased immediately prior to the incident and as such the fence was committed due to grave and sudden provocation Injury report shows two bruises and two abrasions and all are simple injuries - P.W.2 is silent about any kind assault at the instance the deceased Held, merely because the appellant had sustained some simple injuries it can not be presumed that he had been assaulted by the deceased immediately prior to the incident which gave rise to a grave and sudden provocation. (L.Mohapatra, J & C.R.Dash, J.) KALU CHARAN MISHRA -V-G.M.,(ELECTRICAL),ORISSA HYDRO POWER CORPORATION LTD. & ORS. W.P.(C ) NO OF 2008 (Dt ) CONSTITUTION OF INDIA, 1950 ART.226. Date birth in service book Representation for correction In the service book date birth the petitioner has been mentioned as as well as The date is mentioned without reference to any document but the date has been mentioned with reference to Transfer Certificate No.77/68-69 Dt issued by the H.M. Vijay High School, Raikia Plea the Opp.Parties that in the original service book the date was tampered and changed to is neither acceptable nor tenable as the original service book kept in the custody the Opp.Parties Moreover the Opp.Parties have not disclosed any reason while rejecting the representation the petitioner Held, impugned orders quashed Direction issued to the Opp.Parties to accept the date birth i.e as reflected in the duplicate service book as well as original service book. STATE OF ORISSA -V- BASANTA KUMAR BEHERA W.P.(C ) NO OF 2008 (Dt ) C.C.S (PENSION) RULES, 1972 RULE 26(1). (Pradip Mohanty, J & S.K.Mishra, J.) Resignation submitted by the Opp.Party in order to undertake new assignment Resignation not allowed to be withdrawn in the public interest by the appointing authority The Opp.Party has forfeited the claim counting his past service in GREF as qualifying service for the purpose retirement benefits Held, order passed by the Tribunal that the Opp.Party is entitled to the Pension by taking in to consideration the qualifying service he has rendered in the GREF is erroneous which is liable to be quashed. ( Pradip Mohanty, J & S.K.Mishra, J )