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 Seminar on Role Panchayati Raj Institutions in Consumer Movement Implementation NREGA at Bhubaneswar on Guests on the dias (from L to R) :- Sri Sarada Pr. Nayak, Hon ble Minister, Food & Supplies Deptt., Sri Prafulla Samal, Hon ble Minister, Panchayati Raj Deptt., Shri Naveen Patnaik, Hon ble Chief Minister, Orissa, Hon ble Shri Justice K.G.Balakrishnan, Chief Justice India, Hon ble Shri Justice I.M.Quddusi, Acting Chief Justice, Orissa High Court, Hon ble Shri Justice P.K.Tripathy, Judge, Orissa High Court and Hon ble Shri Justice B.P.Das, Judge, Orissa High Court. Flagging Mobile Legal Services Van by Hon ble Shri Justice K.G.Balakrishnan, Chief Justice India in presence Shri Naveen Patnaik, Hon ble Chief Minister, Orissa & Hon ble Shri Justice I.M.Quddusi, Acting Chief Justice, Orissa High Court at Bhubaneswar on Editorial Board Hon ble Shri Justice L.Mohapatra Hon ble Shri Justice I.Mahanty Hon ble Shri Justice B.K.Patel

3 Inauguration National Law University, Orissa at Cuttack on by Hon ble Shri Justice K.G. Balakrishnan, Chief Justice India in presence Shri Naveen Patnaik, Hon ble Chief Minister, Orissa & Hon ble Shri Justice I.M.Quddusi, Acting Chief Justice, Orissa High Court. Seminar on Implementation Building & other Construction Workers (Regulations Employment and Conditions Service) Act, 1996 and the Building and other Construction Workers Welfare Cess Act, 1996 at Puri on Guests on the dias (from L to R) : Sri B.P.Parija, District Judge, Puri, Sri Puspendra Singh Deo, Hon ble Minister, Labour & Employment, Hon ble Shri Justice I.M.Quddusi, Acting Chief Justice, Orissa High Court, Hon ble Shri Justice Tarun Chatterjee, Judge, Supreme Court India, Hon ble Shri Justice B.P.Das, Judge, Orissa High Court & Shri Jagar Singh, IAS, Secretary, Labour & Employment Deptt. Inauguration Legal Aid & Mediation Publicity Centre at Puri on by Hon ble Shri Justice A.K.Patnaik, Judge, Supreme Court India in presence Hon ble Shri Justice I.M.Quddusi, Acting Chief Justice & Hon ble Shri Justice L.Mohapatra, Judge, Orissa High Court.

4 The newly elevated Hon ble Addl. Judges being sworn-in by Hon ble Shri Justice I.M.Quddusi, Acting Chief Justice, Orissa High Court on Oath Ceremony Hon ble Shri Justice Bijaya Kumar Nayak Oath Ceremony Hon ble Shri Justice Sanjaya Kumar Mishra Oath Ceremony Hon ble Shri Justice Chitta Ranjan Dash

5 Hon ble Shri Justice Bilal Nazki being Sworn - in as Chief Justice Orissa High Court by His Excellency Shri Murlidhar Chandrakant Bhandare, the Governor Orissa on Farewell to Hon ble Shri Justice Bilal Nazki, Chief Justice, on His Lordship s retirement. Farewell to Hon ble Shri Justice Prafulla Kumar Tripathy, Judge, on His Lordship s retirement.

6 I.S.O. 4, Cantonment Road CUTTACK Phone : (Off.) (Res) Fax : (Res) (Off) February 10, 2010 I.M.QUDDUSI Acting Chief Justice FROM THE DESK OF ACTING CHIEF JUSTICE I am very happy to release the Tenth Issue Court News Orissa High Court containing vital information relating to the quarter ending 31st December, I am extremely happy to note that as per the statistics the rate disposal cases per Judge in Orissa High Court has considerably increased. However, dearth Judges stands on the way reducing the pendency for which steps have been taken to increase the Judge strength from 22 to 27. The last quarter was very eventful. On 2 nd October, 2009, the first Gram Nyayalaya in Orissa was inaugurated at Puri. A Seminar on Role Panchayati Raj Institution in Consumer Movement and Implementation NREGA was organized in Hotel Swosti Plaza (Premium), Bhubaneswar which was inaugurated by Hon ble Mr. Justice K.G.Balakrishnan, the Chief Justice India. Shri Naveen Patnaik, Hon ble Chief Minister Orissa also attended the function as Chief Guest. On that occasion Hon ble Mr. Justice K.G.Balakrishnan, the Chief Justice India inaugurated the Mobile Legal Services Vehicle under the Mobile Legal Services Scheme in presence the Chief Minister Orissa and both them flagged f the vehicle and also inaugurated a documentary film Jatira Naa Manisa produced on the theme Bonded Labour (System) Abolition Act. Another Seminar was organized in association with the Labour & Employment Department to create awareness about the different provisions the enactments for welfare building and other construction workers which was inaugurated by Hon ble Mr. Justice Tarun Chatterjee, Judge the Supreme Court India. During this quarter a Legal Aid and Mediation Publicity Centre at Puri was inaugurated by Hon ble Mr. Justice A.K.Patnaik, Judge, Supreme Court India. I hope the Court News will continue to provide valuable and useful information to its readers. We heartily welcome any suggestions for improvement the Court News in future. ( I.M.QUDDUSI )

7 CONTENTS 01. Names Hon ble the Chief Justice, Hon ble the Acting Chief Justice... 2 and Hon ble Judges Orissa High Court. 02. Appointments and Retirements... 3 (A) Elevation Hon ble the Chief Justice (B) Elevation Hon ble Addl. Judges (C) Appointment as Acting Chief Justice (D) Retirement Hon ble the Chief Justice & Hon ble Judge. 03. 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... 5 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 Activities Orissa Judicial Academy Major Events Programmes attended by Hon ble Judges Orissa High Court at Bhopal & other places. 13. Activities High Court Legal Services Committee Activities Orissa State Legal Services Authority... 35

8 2 Court News HON BLE JUDGES OF THE ORISSA HIGH COURT HON BLE THE CHIEF JUSTICE Hon ble Shri Justice Bilal Nazki, B.A.,LL.B. HON BLE THE ACTING CHIEF JUSTICE Hon ble Shri Justice I.M.Quddusi, LL.B. HON BLE JUDGES Hon ble Shri Justice P.K. Tripathy, M.A., LL.B. 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 A.S. Naidu, 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 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 L.K. Mishra, M.A., LL.M. 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. ( Elevated on & retired on ) ( Retired on )

9 Court News 3 (A) Elevation Hon ble the Chief Justice Orissa High Court Name the Hon ble Chief Justice Date Birth Date appointment as Chief Justice Orissa High Court. Hon ble Shri Justice Bilal Nazki (B) Elevation Hon ble Addl. Judges Orissa High Court (From 1st October, 2009 to 31st December, 2009) Name the Hon ble Addl. Judge Date Birth Date appointment as Additional Judge Hon ble Shri Justice Bijaya Kumar Nayak Hon ble Shri Justice Sanjaya Kumar Mishra Hon ble Shri Justice Chitta Ranjan Dash (C) Appointment as Acting Chief Justice Name the Hon ble Judge Date Birth Date Appointment as Judge Orissa High Court. Date appointment as Acting Chief Justice Orissa High Court Hon ble Shri Justice Ishrat Masroor Quddusi (D) Retirement Hon ble Chief Justice & Hon ble Judge the Orissa High Court (From 1st October, 2009 to 31st December, 2009) Name the Hon ble Chief Justice & Hon ble Judge Date appointment as Chief Justice / Judge Orissa High Court. Date Retirement Hon ble Shri Justice Bilal Nazki, Chief Justice. Hon ble Shri Justice Prafulla Kumar Tripathy, Judge.

10 4 Court News SANCTIONED STRENGTH & VACANCIES IN HIGH COURT (As on ) Sanctioned Strength Working Strength Vacancies * = * = 17 5 (A)* (B) Addl. Judges One Hon ble Judge this Court has been elevated as Chief Justice Patna High Court and one Hon ble Judge other High Court has come on transfer to this High 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

11 ANNUAL STATEMENTS SHOWING INSTITUTION, DISPOSAL AND PENDENCY OF CASES IN THE HIGH COURT (From to ) Institution during the period MAIN CASES Total disposal during the period Court News 5 Civil Criminal Civil Criminal Civil Criminal Civil Criminal Institution during the period MISC. CASES Total disposal during the period Civil Criminal Civil Criminal Civil Criminal Civil Criminal TOTAL NO. OF CIVIL & CRIMINAL CASES DURING THE PERIOD (From to ) Pending Civil Criminal Grand Total (A) SANCTIONED STRENGTH & VACANCIES IN DISTRICT AND SUBORDINATE COURTS DISTRICT & SUBORDINATE COURTS (As on ) (Regular Establishment) Sl. No. Category Posts 1. District Judge Cadre 2. Sr. Civil Judge 3. Civil Judge Sanctioned Strength Working Strength Vacancies Special Judicial Magistrates (B) FAST TRACK COURTS (As on ) Functional Strength Present Strength Vacancies

12 6 Court News 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

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

14 8 Court News 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 Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total : PREVENTION OF CORRUPTION ACT (VIG. + C.B.I.)

15 Court News 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

16 10 Court News 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

17 Court News 11 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 :

18 12 Court News 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 Name the Judgeship Balasore Bolangir Cuttack Dhenkanal Ganjam Kalahandi Keonjhar Khurda Koraput Mayurbhanj Phulbani Puri Sambalpur Sundargarh Total : PREVENTION OF CORRUPTION ACT (VIG. + C.B.I.)

19 Court News 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

20 14 Court News OUTLINES OF SOME RECENT ORISSA HIGH COURT JUDGEMENTS CONSTITUTION OF INDIA, ART. 14. DR.NILAMANI MOHANTY-V- STATE OF ORISSA & ORS. W.P.(C) NO.9604 OF 2009.( Dt ). Education - Cut-f date - Admission to Post Graduate Super Speciality Courses - Petitioner secured rank No.2 in the merit list - He was not given admission as he did not acquire eligible qualification by the Cutf date Hence this Writ petition. Artificial classification between doctors acquired minimum qualification prior to and after that date but before the last date fixed for submission forms - Cut-f date has no reasonable nexus with the object to be achieved i.e. to select best Candidates and to produce quality doctors - Discrimination between similarly situated persons - Held, action is arbitrary and violative Art. 14 the Constitution - Petitioner be given admission to the seat kept vacant pursuant to the interim order passed by this Court earlier within a period one week. KASINATH DAS & ORS. V D.M., NEW INDIA ASSURANCE CO. LTD. & ORS. W.P. (C) NO OF 2008 (DT ) WORKMEN S COMPENSATION RULES, 1924 RULE 32(2) (M.M.Das, J.) Review judgment No provision under the W.C. Act. - In the present case Commissioner passed award by taking Rs. 3,000/- as monthly wages for the workman Insurance Company filed petition for correction the award on the ground that accident occurred prior to amendment W.C. Act when maximum monthly wages for the workmen was Rs. 2,000/- Commissioner corrected the award on the ground arithmetical error Hence this writ Petition. An arithmetical mistake is a mistake calculation and a clerical mistake is a mistake in writing or typing. Learned Commissioner has modified the judgment already passed in blatant violation Sub Rule 2 Rule 32 W.C. Rules, Held, impugned order quashed - Direction issued for recovery compensation for payment to the petitioners. GOURANGA CHARAN POI -V- UNION OF INDIA & ORS. O.J.C. NO OF 1998 (DT ) (B.K. Patel, J.) CONSTITUTION OF INDIA, 1950, ART- 311 (2) Departmental Proceeding - Punishment removal from Service - Judicial Review - Scope - Judicial review regarding quantum punishment is very limited and it is permissible only when punishment is not commensurate with the gravity charges and it shocks to the conscience the Court. In the present case charges against the delinquent are that he frequently remained absent from fice without prior permission and without submitting application for grant leave. He also failed to furnish any reason to explain his absence to the authorities. Hence, he failed to maintain devotion to duty. Held, punishment removal from service imposed does not appear to be disproportionate. (L.Mohapatra, J & B.N.Mahapatra, J.)

21 Court News 15 GAYADHARA MOHANTY V ORISSA ADMINISTRATIVE TRIBUNAL, BHUBANESWAR & ORS. O.J.C No OF 2000 (Dt ). CONSTITUTION OF INDIA, 1950 ART Dismissal from service petitioner alongwith another Constable took the UTP from the hazat without the knowledge C.S.I. during his temporary absence and the UTP escaped while in custody Sufficient precaution in putting handcuffs in both the hands the prisoner had not been taken The petitioner did not raise any hue and cry when the UTP escaped Considering the gravity the charge and the conduct the petitioner this Court held the punishment imposed by the disciplinary authority is not shockingly disproportionate so as to substitute the punishment. (L. Mohapatra, J. & B.N. Mahapatra, J.) CONSTITUTION OF INDIA, 1050 ART GOPABANDHU BISWAL V UNION OF INDIA & ORS W.P.(C) No (Dt ) Adverse remark Representation for expunction Representation rejected without assigning reasons This Court called for the records Deputy Secretary in his notes not only pointed out the justification for such adverse remark but also dealt with the grounds taken in the representation and on perusal the same the special Secretary to Government accepted the reasons and rejected the representation Held, it cannot be said that no reason has been assigned while rejecting the representation and this Court cannot sit in appeal and come to a different conclusion. (L. Mohapatra, J. & B.N. Mahapatra,J.) R. SATYAMOORTY & OTHERS-V- STATE OF ORISSA & ANR. CRLMC. NO. 443 OF 2008, (Dt ). CRIMINAL PROCEDURE CODE, SEC. 178 Place lodging F.I.R - Offences alleged U/s. 498-A, 324/34 IPC and Section 4 D.P.Act - F.I.R. discloses Offences committed at Mohali in Punjab - None the Offences alleged to have been committed within the jurisdiction Berhampur Mahila Police Station, the fences are Continuing fences - No allegation demand dowry and no specific allegation torture - F.I.R Could not have been registered by Mahila Police Station Berhampur. Held, F.I.R as well as the proceeding in the G.R.Case are quashed. (M.M.Das, J.) CUTTACK DEVELOPMENT AUTHORITY -V- REGIONAL PROVIDENT FUND COMMISSIONER. O.J.C. NO OF (Dt ). A) EMPLOYEES PROVIDENT FUND AND MISC. PROVISIONS ACT SEC. 2 - (f). Whether the Definition Employee includes labourers engaged by the Contractor to execute work pursuant to the agreement - No. Held, it only includes Labour Contracts to provide workmen.

22 16 Court News B) EMPLOYEES PROVIDENT FUND & MISC. PROVISIONS ACT, 1952 SEC. 16. (1) (c) r/w SEC. 83 O.D.A. ACT, Exempted establishment Cuttack Development Authority has been created under the provisions O.D.A. Act - Section 83 the ODA Act provides for Provident Fund benefits to its employees - In view Sec. 16(1) (C) E.P.F & M.P. Act the establishment C.D.A is an exempted establishment. Held, notice issued by the Regional Provident Fund Commissioner U/s.7-A the Act, 1952 is without jurisdiction. (M.M. Das, J.) STATE OF ORISSA AND ORS. - V - PRADIPTA KUMAR SAMANTARA W.P.(C) NO OF 2002 (DT ) CONSTITUTION OF INDIA 1950 ART. 309, 311 Temporary appointments Termination Service such employee No need to issue a notice to show cause before terminating the services such employees. Held, Tribunal was not justified by holding that O.P. 1 who was working in a tenure post had a right notice before the order termination was passed. ( L.Mohapatra, J. & B.N.Mahapatra, J.) SURYA PRAKASH MOHAPATRA V SECRETARY, ORISSA STAFF SELECTION COMMISSION & ORS. W.P.(C) NO OF 2009 (DT ) PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS & FULL PARTICIPATION) ACT, 1995 SEC.33. Advertisement for the post Inspector Supplies and Inspector Weights and Measures Reservation two posts for physically handicapped and disabled candidates Petitioner is a disabled person being blind had applied for the post and allowed to sit in the written examination He was not selected Hence the Writ Petition. Inviting the petitioner to appear in the written test was a mistake on the part the Opp. Parties as the petitioner is not eligible for consideration for appointment to such post in view G.A. Department Resolution Dt However he was eligible to be appointed against any other group C post Held, direction issued to the Opp. Parties to consider for appointment the petitioner in any other group C post or pay him compensation Rs. 50,000/- for inviting him for written test and causing mental agony. SAMAR KUMAR SWAIN -V- SHRI SUBODHA KUMAR NAYAK. CRIMINAL REVISION NO.16 OF 2001 (Dt ) (L. Mohapatra, J. & B.N. Mahapatra,J.) (A) DRUGS & COSMETICS ACT, SEC.27(d). No evidence that the petitioner was selling medicines or had stocked the same for sale - Conviction U/s. 27(d) can not be sustained. (B) DRUGS & COSMETICS ACT, SECTION 28-A. Admittedly the accused-petitioner was not holding any valid licence at the relevant time - There is no material that the accused-petitioner was selling medicines or had stocked the same for sale - Therefore, he was not required either to maintain records, registers and other documents and to furnish the same to any ficer or authority - Held, charge U/s.28-A against the accused-petitioner cannot be sustained. (Pradip Mohanty, J.)

23 DR.RAM NARAYAN MOHANTY -V- SWAMI VIVEKANANDA NATIONAL INSTITUTE OF REHABILITATION TRADING & RESEARCH & ANR. W.P.(C) NO.3242 OF 2009 (Dt ) Court News 17 CONSTITUTION OF INDIA, ART Voluntary retirement When effective - Held, before the employee actually released from service he can withdraw his option for voluntary retirement. In the present case petitioner applied on to take VRS w.e.f Petitioner made another application Dt to withdraw the above application - Competent authority replied on that the request the petitioner for VRS w.e.f already accepted - Hence the writ petition. Order the competent authority would operate on and from and till then the jural relationship continues between the petitioner and his employer and during that period the petitioner has the option to withdraw his application for VRS. (B.P.Das, J. & B.P.Ray, J.) M/S.GEETANJALI CEMENT PRODUCTS-V- SALES TAX OFFICER, ROURKELA - II CIRCLE, ROURKELA. W.P.(C ) NO.2180 OF 2008.(Dt ). ORISSA SALES TAX ACT, SEC.12 (4). Assessment Order - This Court finds Order sheets maintained on plain papers - Original date scored through and another date written by hand - Lack regularity in maintaining order sheets - plain paper order sheets can be easily replaced - Held, disputed questions fact - Petitioner should approach the 1 st appellate authority- This Court while directing a probe in to the above matter further directed the State Govt. as well as the Commissioner Commercial Taxes Orissa to issue notification instructing all the assessing Officers to use Government printed Order sheet forms from 1 st December, 2009, the Order assessment and demand notice shall be issued to the dealers by Registered Post with AD and the record shall be maintained upto date and when dealer or his authorised representative appears before the Assessing Authority or any other Appellate authority, his signature shall be taken in the body the Order sheet on the date his appearance. (B.P.Das, J. & C.R.Dash, J.) PRADEEP KUMAR SAMAL-V- STATE, ABHIMANYU MISHRA -V- STATE & SIBUNA@ SIBA PARIJA -V- STATE OF ORISSA. CRIMINAL APPEAL NOS.133, 151, 187 OF (Dt ). Criminal Trial - Appellants took the deceased inside the Souchalaya -Though three them were present a single blow was given to the abdomen the deceased - If the appellants had the intention to commit murder the deceased they had the opportunity and the required weapons and nevertheless they let the deceased to runaway and did not chase him - Thus it appears that they wanted to teach the deceased a lesson only and did not intend to kill him. However the deceased died due to excessive bleeding, haemorrhage and shock. Since the appellants had knowledge that the injury may cause death the deceased but they did not have the intention to cause death or to cause such bodily injury as is likely to cause death - Held, conviction U/s.302 IPC is altered to Sec. 304 Part - II IPC. ( A.S.Naidu, J & L.K.Mishra, J.).

24 18 Court News SADAN BHALU & TWO ORS. -V- STATE OF ORISSA. CRIMINAL APPEAL NO.117 OF 2003 (Dt ). CRIMINAL PROCEDURE CODE, SEC.164. Statement a witness recorded U/s.164 Cr.P.C. - Witness expired prior to be examined in the Court - There is absolutely no other evidence connecting the appellant with the fence in question - No statement a witness can be utilized as evidence without Cross-examination unless there is statutory provision providing for the same - Held, learned Trial Court committed grave error in law by convicting the appellant solely on the statement the deceased witness recorded U/s.164 Cr.P.C. ( A.S. Naidu, J & L.K. Mishra, J.) SADAN BHALU & TWO ORS. -V- STATE OF ORISSA. CRIMINAL APPEAL NO.117 OF 2003 (Dt ). CRIMINAL PROCEDURE CODE, SEC.164. Statement a witness recorded U/s.164 Cr.P.C. - Witness expired prior to be examined in the Court - There is absolutely no other evidence connecting the appellant with the fence in question - No statement a witness can be utilized as evidence without Cross-examination unless there is statutory provision providing for the same - Held, learned Trial Court committed grave error in law by convicting the appellant solely on the statement the deceased witness recorded U/s.164 Cr.P.C. SHRI CHAKRARAM SAMAL & ANR.-V- RADHAMANI PALAKA & ORS. R.F.A NO.194 OF 2005 (Dt ). (A.S. Naidu, J & L.K. Mishra, J.) (A) INSURANCE ACT, 1938 SEC. 39. Nominee life Insurance Policy - Death the assured - Nominee is only authorised to receive the amount but he or she has no right over the amount due unless he or she is the successor to the said property under law - Held, such amount can be claimed by the heirs the assured in accordance with the law succession governing them. (B) HINDU LAW - Divorce decree against wife - Wife can not be held to be a successor over the money available under the LIC Policy her husband. HEMANTA KUMAR SAHU -V- STATE OF ORISSA. CRIMINAL APPEAL NO ( Dt ). (M.M.Das, J.) PENAL CODE, SEC.302,304 - II. In this case the accused came to the shop the deceased being armed with a bhujali and the only inference can be drawn that the accused came there with the sole intention committing his murder - There was also no quarrel or fight between the accused and the deceased preceding the occurrence - Accused has also inflicted as many as five incised wounds on the deceased out which the injury on head was severe enough to seriously injure the brain resulting in death - This Court is unable to agree with the contention that this case at best would come U/s.304-II I.P.C. - Held, conviction & sentence is confirmed U/s.302 I.P.C. (A.S. Naidu, J. & L.K. Mishra, J.)

25 Court News 19 STATE OF ORISSA V PANCHANAN JENA & ANR. GOVERNMENT APPEAL NO. 87 OF 1998 (DT ) PENAL CODE, 1860 SEC. 100 Right private defence A person who is in imminent and reasonable danger to his life or limb may inflict any harm, even death to his assailant either when the assault is attempted or directly threatened. In this case the accused and deceased are brothers and were in dragger s head On the date occurrence as the deceased and his henchmen entered into the house the accused being armed with deadly weapons and as the accused apprehended imminent danger as there was no reasonable mode escape he had no other way but to fire at the deceased to save his life He has also not exceeded his right private defence Held, defence case is more probable as the prosecution is guilty suppression material facts Conclusions arrived at by the Sessions Court do not suffer from any infirmity. RAM KUMAR JAIN V RAMAKANTA GOUD & ORS. W.P. (C) NO OF 2009 (Dt ) (A.S. Naidu, J. & L.K. Mishra, J.) ORISSA MUNICIPAL ACT, 1950 SEC. 18, 21 & 57 r/w ART. 243 ZG OF THE CONSTITUTION. Petitioner elected as Chairperson Kesinga NAC His election challenged by filing Election Petition before the learned District Judge U/s. 18 the Act Petitioner filed petition challenging maintainability the case before the learned District Judge Petition rejected Hence this writ petition. U/s. 18 & 21 the Act only election a Councillor to a Municipality can be challenged before the learned District Judge So election petition challenging the petitioner s election as Chairperson before the learned District Judge is not maintainable being without jurisdiction Held, in view Section 57 the Act an aggrieved party may challenge the election Chairperson in the Civil Court. (B.P. Das, J & I.Mahanty, J.) RANJAN RANJAN KUMAR ACHARYA -V- ARJUN ROUT & ANR. W.P.(C) NO.2967 OF ( Dt ). EVIDENCE ACT, SEC.35. Entry date birth - Whether the entry made in the Register Births and Deaths is genuine or the entry mentioned in the School admission register is genuine - Held, entry made in the School admission Register has probative value. (M. M. Das, J.) ARTATRANA SWAIN V STATE OF ORISSA & ORS. W.P.(C) NO OF 2009 (Dt ) ORISSA CIVIL SERVICES (REHABILITATION ASSISTANCE) RULES 1990 RULE 5. Employment on compassionate ground Not a vested right Object is to enable the family to get over the financial crisis Court is to consider penurious conditions the deceased s family. In this case father the petitioner got premature retirement on So cause action for the petitioner to apply for appointment under the scheme arose after The petitioner made an application in the year 1999 after the amended Rules came into force Employment on compassionate ground should be provided strictly in accordance with the Rules and the Court can not take a liberal view contrary to the Rules Held, Tribunal has not committed any error in rejecting the application the petitioner. (A.S. Naidu, J. & B.N.Mohapatra, J.)

26 20 Court News PRINCIPAL SECY.TO GOVT OF ORISSA & ORS -V- MANAGING COMMITTEE OF S.J. HIGH SCHOOL,BHADRAK. CAMPAL NO. 320 OF (Dt ). LIMITATION ACT, Sec. 5. Condonation delay - Law is well settled that time barred Cases should not be entertained by Courts as the rights which have accrued to others by reason delay in approaching the Court can not be allowed to be disturbed unless there is a reasonable explanation for the delay. The vested rights the parties should not be disrupted at the instance a person who is guilty culpable negligence. In the present case the State functionaries filed appeal against the judgment the State Education Tribunal after a delay 376 days and the same having been dismissed for non-compliance peremptory order, the present restoration application has been filed after a delay 282 days. Held, this Court finds no sufficient and bonafide cause to condone the in ordinate delay in filing the restoration application. SHUVAM CONSTRUCTION PVT. LTD V BABITA MOHANTY & ANR. W.P.(C) NO OF 2008 (DT ) (S.C. Parija, J.) CIVIL PROCEDURE CODE, 1908 ORDER 1, RULE 10. Power the Court to add party to a proceeding may not depend solely on the question whether such party has any interest in the suit property but also to consider whether right the said person may be affected if he is not added as a party. In this case petitioner is a lis pendens transferee and plaintiff having sold her interest in the suit property may not take interest to pursue the suit Held, in order to ensure effectual adjudication the suit and to avoid multiplicity litigation the petitioner should be impleaded as a party to the suit. CHINTAMANI SAHU -V- STATE OF ORISSA. CRLMC NO OF (Dt ). (S.C.Parija, J.) CRIMINAL PROCEDURE CODE SEC-311. Prayer for further cross-examination PW1 and Cross-examination P.W.2, 3 & 5 - Prayer refused - Hence this application. Case involves fences U/s. 498-A, 304-B, 302, 201, 34 IPC and Section 4 D.P.Act - If some witnesses are not at all examined it can cause grave prejudice to the defence - considering the gravity the fence this court feels that evidence & Cross-examination the above witnesses is essential for the just decision the case. However since no ground has been mentioned as to why the witnesses were not crossexamined this Court feels that the defence should be saddled with compensatory cost. Held, application allowed, subject to payment Cost Rs.1500/- (L. K. Mishra, J.) NIKHIL KUMAR DASH -V- STATE OF ORISSA & ORS. W.P (C) NO OF (Dt ). CONSTITUTION OF INDIA, ART.311. Disciplinary Proceeding - Quasi judicial in nature - Non supply enquiry report and other documents caused prejudice to the petitioner Held, Enquiry report should have been supplied to the petitioner before taking a decision to impose punishment. (A.S.Naidu, J & B.N.Mahapatra, J.)

27 Court News 21 SHREE LAXMIDHAR SETH -V- STATE OF ORISSA & ORS. W.P.(C) NO.2248 OF (Dt ) ORISSA PENSION RULES, RULE,13. Compassionate allowance Grant Compassion can not be insisted and has to be extended only for deserving persons on special consideration. In this Case the petitioner a Government employee was dismissed from service and applied for compassionate allowance - While facing departmental proceeding the petitioner trespassed into the fice the SDVO and tried to assault him with a stone - He was found guilty and had been convicted - Held, it is a fit case where compassionate allowance cannot be granted on special consideration. RAM PRIT SINGH V UNION OF INDIA AND OTHERS W.P.(C) NO OF 2008 (DT ) (A.S.Naidu, J. & B.N.Mahapatra, J.) CONSTITUTION OF INDIA 1950 ART. 311 Disobeying the Command the shift-in-charge to blow whistle Petitioner denied the allegation and explained that he did not blow whistle as it would disturb the nearby residents Though such explanation does not absolve the petitioner the charge disobedience it is relevant to consider the nature punishment to be imposed. Punishment imposed appears to be disproportionate with the nature misconduct established Held, penalty imposed directing withholding one increment is shockingly disproportionate and he should be let f with the punishment censure or warning. (L.Mohapatra, J. & B.K. Patel, J.) PRAFULLA CH. DAS & ANR. -V- ANEM MUNDA & ORS. CRP. NO.108 OF (Dt ). COURT FEES ACT, SEC.7 & 12 r/w ORDER - 7, RULE-11 C.P.C. Gross under valuation Suit - Plaint is liable to be rejected - In the present Case O.P.1 filed suit for declaration that he alongwith def. Nos. 3, 4 & 5 are the owners the suit land as well as to declare the sale deed in question is null & void - Sale deed involves consideration Rs.8,80,000/- but Plaintiff valued his relief at Rs.8,000/- - Purpose the Act is not only for fixing the pecuniary jurisdiction the Court but also to collect revenue for the State - Held, impugned order is set aside - Matter remitted back to the lower Court to re-hear the parties on the question valuation and to determine the same in terms Section 12 the Court fees Act. (S. K. Mishra, J.) MD. NOORULLAH SHAREEF -V - SENIOR POST MASTER GPO,CTC- 1 CRP NO.4 OF 2005(DT ) CIVIL PROCEDURE CODE, ORDER 9, RULE 13. Exparte decree Setting aside - Rejection application for condonation delay. Law is well settled that while considering the application for condonation delay the Court should not take a pedantic approach but should take a pragmatic view and it is not necessary for the party seeking condonation delay to explain each day delay. In the present case, due to ficial process and for tracing out the file, the delay had occasioned. Held, the appellate Court has not committed any illegality or material irregularity in allowing the application - However the cost imposed by the appellate Court is modified from Rs.5000/- to Rs.20,000/- (Pradip Mohanty, J.)

28 22 Court News VINOD KUMAR SINGH & ORS. -V- STATE OF ORISSA. BLAPL NO OF 2009 (Dt ). CRIMINAL PROCEDURE CODE, 1973 SEC Bail-Rejection earlier bail Subsequent petition for bail filed without approaching the lower Court again basing on a changed circumstance and without the rejection order passed by the lower Court Held, bail petition is not maintainable. (L.K. Mishra, J.) DR.MANORANJAN ROUT & ANR.-V- STATE OF ORISSA & ORS. W.P.(C) NO OF 2009 (DT ) TRANSPLANTATION OF HUMAN ORGANS ACT, SEC.9. Donation kidney - Application for permission Relationship between the donor and the donee - Person who is not a near relation the recipient is not prohibited from making donation - Held, only consideration is affection and attachment between the donor and the recipient. (I.M.Quddusi, ACJ & B.K.Nayak, J) LAXMI NARAYAN DAS & ORS.-V- STATE OF ORISSA & ANR WRIT APPEAL NO. 108 OF (Dt ) EVIDENCE ACT, SEC.23. Suit filed by the appellants for declaration right title and interest over the suit land Suit withdrawn on consent both the parties that the appellants would be allotted a plot in exchange their sthitiban plot which has been taken away by the G.A. Department without due process law. Held, non-consideration the said fact by the learned Single Judge is an error on the face the record which is liable to be set aside - G.A.Department is directed to allot a suitable plot in favour the appellants in exchange their sthitiban land within six months from today. SUBASH CHANDRA PANDA -V- STATE OF ORISSA. CRLREV. NO.938 OF (Dt ). (I.M.Quddusi, ACJ & Sanju Panda, J.) N.D.P.S.ACT, SEC.51,60(3) r/w SEC.451, 457 Cr.P.C. Vehicle seized by Police for transporting Ganja - whether Special Judge has power under the N.D.P.S.Act for interim release the vehicle =Yes. Provision contained in Section 51 the Act does not expressly bar operation the provision Cr.P.C. if they are not inconsistent with the provisions the Act - Held, Learned Special Judge is directed to release the vehicle in interim zima the petitioner subject to conditions like property security / Bank security etc. KHETRAMOHAN PASAYAT -V- STATE OF ORISSA. CRIMINAL APPEAL NO.210 OF 1997 (Dt ). (C.R.Dash, J.) INDIAN PENAL CODE, SEC. 375, 376 & 511. Conviction U/s.376 is under challenge - P.W.12 the victim in her examination in chief did not speak about the accused penetrating his penis in to her vagina - Evidence the doctors P.W.5 & 6 that there was no penetration - Attempt to rape is not separately punishable under the Indian Penal Code - Held, conviction U/s.376 is set aside by substituting its conviction U/s.376/511 I.P.C. (P.K.Tripathy, J.)

29 MIRZA ASAF ALLI BAIG & ANR-V- STATE & PARSURAM BIHARI -V- STATE OF ORISSA CRIMINAL APPEAL NOS.564 OF 2006 & 38 OF 2007.( Dt ) Court News 23 CRIMINAL TRIAL - Circumstantial evidence - Finger prints collected from the calling bell switch on the outer verandah the house, glass cover the cup board and lever the lock the drawing room did not match with the finger prints any the accused persons - So real persons who had left finger prints could not be identified. Moreover prosecution has not come out with any explanation about the availability an open condom in the house the deceased - The wife the deceased has also admitted in her cross-examination that her husband was a man loose character and he had so many enemies - All these unexplained facts raise a grave doubt about the complicity the appellants in the alleged fence - Held, impugned judgment conviction and sentence cannot be sustained. RAJESWARI MISHRA -V- SIDHARTHA PANDIT. CIVIL APPEAL NO.32 OF 2002 (Dt ). (A.S.Naidu, J & B.K.Nayak, J.) HINDU MARRIAGE ACT, SEC. 12 r/w SEC. 6 OF THE GENERAL CLAUSES ACT, Wife suffering from recurrent attack epilepsy - Husband filed suit in the year 1998 for annulment marriage - Trial Court decreed the suit on the above ground - Hence this Appeal. After filing the suit there was amendment Sec.5 (ii) ( c) the Hindu Marriage Act and the word epilepsy was omitted - However in view Section 6 the General Clauses Act the repeal a statute which is not retrospective in operation, does not prima-facie affect the pending proceeding which may be continued as if the repealed enactment were still in force. Held, the husband having taken the ground before amendment his right got crystallised and cannot be subsequently defeated at any stage the proceeding including appeal - Judgment the Court below needs no interference. (P.K.Tripathy, J. & L.K.Mishra, J.) RANGADHAR NAYAK -V- FERTILIZER CORPORATION OF INDIA,LTD, & ORS. O.J.C. NO OF 1999 ( Dt ) Service - Punishment awarded is disproportionate to the act alleged - Court should not alter punishment but remit the matter back to the disciplinary authority or appellate authority for reconsideration - Held, in rare cases the Court can suggest a punishment. In the present case punishment removal from service appears to be disproportionate and matter could have been remitted back for re -consideration. However since FCI unit at Talcher is closed and neither the Disciplinary authority nor the appellate authority is available to reconsider the punishment, it is one such rare cases, where the matter cannot be remitted back for reconsideration and the Court has to impose the punishment proportionate to the charge proved in course departmental proceeding. ( L.Mohapatra, J. & B.K.Patel, J. )

30 24 Court News DR. IPSITA MISHRA & ORS. V STATE OF ORISSA & ORS. W.P.(C) No (Dt ) Admission- Petitioners completed MBBS Course Selected to take admission in P.G. Medical Course as direct candidates Clause 20 the prospectus for the year 2007 & 2008 prescribed for grant P.G. Degree Pass Certificate to render two years Post P.G. mandatory service as a condition for grant P.G. Degree Pass Certificate Object is to produce specialist Doctors Conditions imposed under Clause 20 is under challenge. Distinction between candidates admitted to P.G. (Medical) Course under the State quota and All India Quota Candidates under All India Quota immediately obtain Certificates to prosecute post P.G. speciality courses but candidates admitted under State Quota have to wait for two years till they complete the post P.G. mandatory Service which amounts to treating equals as unequals- Held, action on the part the State is arbitrary, unfair and violative Article 14 the Constitution which is liable to be quashed. BISHIKESHAN BAGH & ANR.-V- STATE OF ORISSA. CRIMINAL APPEAL NO.17 OF 2001.(Dt ). (M.M. Das, J.) CRIMINAL TRIAL - Murder Case - No eye witness to the occurrence- Prosecution not only failed to prove that the dead body is that the deceased but also failed to bring any material on record to connect the appellants with the commission the alleged fences - Held, the impugned judgment convicting the appellants can not sustain. MANUA GOUDA V STATE OF ORISSA. CRIMINAL APPEAL NO. 214 OF (DT ) (L. Mohapatra, J. & B.P.Ray, J.) EVIDENCE ACT, 1872 SEC. 106 Death wife homicidal in nature If husband and wife remained within the four walls a house burden is on the husband to explain the circumstances in which the wife died. In the present case there is no evidence that in the night occurrence both the appellant and the deceased wife were present in the house So although deceased died a homicidal death possibility some body else being responsible can not be ruled out Held, prosecution failed to establish the charge against the appellant. (L. Mohapatra, J. & B.P. Ray, J.) DEEPAK KUMAR DASH -V- STATE OF ORISSA. JAIL CRIMINAL APPEAL NO.179 OF 1999.(Dt ). EVIDENCE ACT, SEC.27. Leading to discovery - Not supported by any independent witness - No exact information has also been adduced through evidence that the accused led the police to the place concealment and gave recovery the weapon fence - The weapon fence i.e. Katari was neither produced nor proved - Held, information given regarding leading to discovery should be recorded and proved and if not so recorded, the exact information must be adduced through evidence (Pradip Mohanty, J & B.K.Patel,J.)

31 Court News 25 S.SIMANCHAL PATRO -V- STATE OF ORISSA CRLA NO. 119 OF 2002, (Dt ). PENAL CODE SEC. 304-B, 498-A & Sec. 4 D.P. Act. Allegation against the appellant is that he pressurised his wife (deceased) to sell the house at Tikabali - No other material to show that the deceased was subjected to harassment or cruelty for any other demand which can be termed as dowry demand. Held, conduct the appellant in putting pressure on the deceased to sell the house at Tikabali does not come within the purview requirement section 304-B I.P.C and the appellant could not have been convicted there under. Moreover there being no evidence that there was any demand dowry the appellant also could not have been convicted U/s. 498-A I.P.C & Section 4 D.P.Act. (L. Mohapatra, J & B.P.Ray, J.) JHURI GOUDO & ANR.-V- STATE OF ORISSA. J.C.A. NO. 212 OF (Dt ). CRIMINAL PROCEDURE CODE, SEC.313. Statement the accused - Questioning must be fair and couched in a form which an ignorant or illiterate person will be able to appreciate and understand. In the instant case appellants have been asked to answer a single question containing a series facts. Held, statements accused persons should be recorded U/s.313 Cr.P.C. by putting separate question for each material substance in a simple way that an illiterate mind or one which is perturbed or confused can readily appreciate and understand. (Pradip Mohanty, J & B.K. Patel, J.) M/S. NATIONAL INSURANCE COMPANY LTD. -V- KALYANI NAYAK & ANR. M.A. NO. 289 OF (Dt, ). MOTOR VEHICLES ACT, SEC.170. The appellant-insurance company not obtained permission the Tribunal U/s.170 the Act - Insurance Company can contest the Case only on the grounds enumerated U/s.149(2) the Act - Held, the appellant can not raise the question regarding non-involvement the vehicle and quantum compensation without obtaining permission the Tribunal U/s. 170 the Act. (B.N.Mahapatra, J.) PURANDORA KHINANG V STATE OF ORISSA CRIMINAL APPEAL NO. 188 OF 2001 (DT ) EVIDENCE ACT, 1872 SEC. 24 Extrajudicial confession No Court should start with a presumption that it is a weak type evidence The witness must be unbiased, not even remotely inimical to the accused The words spoken by the witness must be clear, unambiguous and unmistakably convey that the accused is the perpetrator the crime. In this case the appellant immediately after the occurrence holding a blood stained Tangia instantly confessed before P.Ws. 1 & 2 to have killed his brother Chemical examination report shows that the blood stained earth seized from the spot, Tangia seized from the appellant and the wearing apparels the appellant and the deceased seized in course investigation contained human blood A B Group Held, all these factors establish the charge regarding the involvement the appellant in committing murder his brother. (L. Mohapatra, J. & B.P. Ray, J.)

32 26 Court News MAKARADHWAJ BEHERA-V- SATYANATH MAHANTA & ANR. CRL.REVISION NO. 503 OF (Dt ). NEGOTIABLE INSTRUMENTS ACT, SEC Dishonour cheque - Notice in writing issued to the drawer by registered post within 15 days from the date receipt the intimation from the bank regarding dishonour cheque claiming the amount to be paid - Notice returned unserved with endorsement Party continuously absent for 7 days - No finding that the accused - petitioner is intentionally avoiding to receive notice and managed to get an incorrect endorsement or the address given was fictitious - No material that the complainant made any endeavour to send the notice once again. So unless a notice in writing is received by the drawer such cheque the fence will not be constituted -Held, conviction and sentence passed by the Courts below are set-aside. (A.S. Naidu, J.) GOURI SHANKAR MISHRA V- ADMINISTRATOR, SHRI JAGANNATH TEMPLE, PURI & ANR. O.J.C. NO OF (Dt ) CONSTITUTION OF INDIA, 1950 ART. 311 (2). Disciplinary enquiry If the Disciplinary Authority while disagreeing with the findings the Inquiry Officer, holding the delinquent guilty charges has to issue prior notice to the delinquent ficer to represent, before it records its findings. In the present case the disciplinary authority had taken the final decision without giving an opportunity hearing to the petitioner at the stage at which it proposed to differ with the findings the Inquiry ficer, as well as the proposed punishment Held, impugned order quashed Matter remitted to the Administrator Sri Jagannath Temple for fresh disposal as per law. TARACHAND MAJHI -V- LALIT PADHAN W.P.(C) NO OF (Dt ) (A.S.Naidu, J. & B.N.Mahapatra, J.) ORISSA GRAM PANCHAYAT ACT, SEC.39.(d). Recounting votes - There is pleadings coupled with ample evidence on record with regard to rejection valid votes and acceptance /addition invalid votes - Non framing issue is not a ground to reject the petition for recounting votes - Held, learned Trial Court was justified in allowing the petition for recounting votes in respect six booths out eleven. (R.N.Biswal, J.) ARUNA ARUNA PRADHAN -V- RADHIKA PRADHAN & ANR. CRLREV NO. 463 OF (Dt ) CRIMINAL PROCEDURE CODE, SEC Maintenance claimed by wife and daughter - Husband raised suspicion over the character the wife and disputes paternity the child and refused to pay the same - DNA test proves that he is the biological father the child - Held, husband is liable to pay maintenance alongwith litigation cost Rs.5000/-. ( I.Mahanty, J.)

33 GOVERNING BODY OF EVENING COLLEGE, ANGUL V STATE OF ORISSA & ORS. W.P.C. No (Dt ) Court News 27 Education Cancellation result Examination Committee found the result the College as abnormally high Re-examination the answer scripts by subject experts subject experts found examinations in the said centre not conducted as per rule and there was mass malpractice in the subjects in question. This Court has perused the report the Examination Committee Except accepting the report submitted by the Subject Experts there is nothing to show that the Examination Committee has applied its mind before taking the decision to cancel the result the students Held, decision the Examination Committee quashed. MADHUSUDAN SAHU V STATE OF ORISSA & ORS. W.P.(C) No (Dt ) (M.M. Das, J.) Appointment post Multipurpose Assistance Minimum qualification passed Petitioner passed +2 Arts having secured marks O.P. 5 passed Upasastri which is equivalent to +2 and secured 51.1 marks and got appointment which is under challenge. As per advertisement minimum qualification fixed was 10+2 and there was nothing to show that candidates having equivalent qualification are also eligible for the post. Held, O.P. 5 may be removed from service as he was not eligible to hold that post and in his place petitioner shall be given appointment. (R.N. Biswal, J.) E. SURYANARAYAN PATRO -V-PRESIDENT TRIBUNAL DEVLOPMENT CO-OPERATIVE CORPN. OF ORISSA LTD. & ANR. O.J.C. NO.504 OF 2001, (Dt ) CONSTITUTION OF INDIA, ART.311 (2). Departmental Proceeding - Enquiry Officer exonerated the delinquent from the charges - Disciplinary authority disagreed with the findings the Enquiry Officer and inflicted the punishment compulsory retirement without giving an opportunity hearing to the delinquent. Held, disciplinary authority shall supply the reasons disagreement with the findings the Enquiry Officer to the delinquent and shall give the delinquent an opportunity to persuade the disciplinary authority to accept the favourable conclusion the Enquiry Officer- There after the disciplinary authority shall take a final decision on the charges framed against the delinquent. Held the matter remitted to the disciplinary Authority to take up the enquiry from the point it stood vitiated and to conclude the same afresh. (A.S.Naidu, J & B.N. Mahapatra, J.) ORISSA STATE ROAD TRANSPORT CORP. V BRUNDABAN SAHU & ANR. C.R.P. No (Dt ) Pension A post retirement benefit, benevolent in nature After making the payment a condition service, employer becomes a trustee in respect the sum due and it has to assist the employee to get it as early as possible so that the employee utilises the same in post retirement period. Withholding/negligence in payment pension by the employer Employee is entitled to get interest at the rate given by the bank for the delay in making payment Held, this Court feels it proper to grant interest at the rate 8% per annum from the date the decree till payment is made. (Sanju Panda, J.)

34 28 Court News BHAGABAT SAHOO & ORS. V STATE OF ORISSA & ANR. CRL. REV. NO. 879 OF 2008 (DT ) EVIDENCE ACT, 1872 SEC Complaint Case and G.R. Case Examination witnesses in the complaint case Defence filed petition to use the statement witnesses recorded U/s. 161 Cr.P.C. in the G.R. Case to contradict the witnesses in the complaint case petition rejected Hence this revision. Held, the right the accused to cross-examine the witnesses with reference to the statement recorded U/s. 161 Cr.P.C. can not be taken away. (S.K. Mishra, J.) ORISSA RURAL HOUSING DEVELOPMENT CORPN. LTD. -V- RAJ KISHORE JOSHI CRIMINAL REVISION NOS.977/2006 & 978/2006. ( Dt ). NEGOTIABLE INSTRUMENTS ACT, SEC.142 (b) Delay in filing complaint U/s. 138 N.I. Act - Complainant has to satisfy the Court that he had sufficient cause by not making the complaint within the period prescribed - Like Section 5 the limitation Act, the proviso to Clause (b) Section 142 N I Act is a benevolent provision and has to be construed liberally. In this case the complaint cases filed with a delay 7 and 18 days respectively which is due to ficial process since an investigation was made by the Vigilance Department in the petitioner Corporation. Held, learned trial Court committed gross illegality by not considering the matter condonation delay in its proper perspective and therefore has caused a miscarriage justice. SANKAR MOHANTY V STATE OF ORISSA & ORS. W.P. (CRL.) NO. 311 OF 2009 (DT ) (S.K.Mishra, J.) NATIONAL SECURITY ACT, 1980 SEC. 3(2) Order detention Grounds for detention Involvement the petitioner/detenu was as a conspirator in a Criminal Case for which he can be dealt with under ordinary Criminal Law All the Criminal Cases hardly attract the mischief public order Held, order detention against the detenu is liable to be quashed. TIKAN BINDHANI V STATE OF ORISSA CRIMINAL REVISION NO OF 2009 (DT ) (L. Mohapatra, J. & B.P. Ray, J.) CRIMINAL PROCEDURE CODE 1973 SEC. 374 & 386 Criminal Appeal Whether Sessions Judge can dismiss a Criminal Appeal for default or for nonprosecution. Held, Law does not envisage dismissal an appeal for default or non-prosecution but only contemplates disposal on merit after perusal the records. (S.K. Mishra, J.)

35 Court News 29 RUPASHREE CHOWDHURY V- STATE OF ORISSA & ORS. W.P.(C).NO OF 2009.(Dt ). ORISSA SUPERIOR JUDICIAL SERVICE & ORISSA JUDICIAL SERVICE RULES, 2007, RULE 24. Interview (Viva-voce test) for the posts Civil Judges (Jr. Divn.) Candidates securing 45% marks in aggregate and minimum 33% marks in each paper are eligible to appear Petitioner secured 44.93% marks in aggregate and more than 33% marks in each subject but not called for the interview Hence the Writ petition. Held, where the marks obtained by the candidate is with a fraction 0.5 or above, it is to be rounded f to the next whole number so far as aggregate marks are concerned as per Rule 24 Hence the petitioner is eligible to appear in the interview. (Sanju Panda, J.) NORTH EASTERN ELECTRICITY SUPPLY COMPANY OF ORISSA LTD. V STATE OF ORISSA & ORS. W.P. (C) NO OF 2006 (DT ). RIGHT TO INFORMATION ACT, 2005 SEC. 2 (h) Public authority Whether North Eastern Electricity Supply Company Orissa Ltd. falls within the definition Public authority as defined under the Right to Information Act Held Yes. ROURKELA SHRAMIK SANGHA UNION -V- STEEL AUTHORITY OF INDIA. W.P.(C) NO OF 2008.(Dt ) CONSTITUTION OF INDIA, ART,226 & 227. (B.P. Das, J. & S.C. Parija, J.) Writ petition - By Rourkela Shramik Sangha - For a direction to permanently restrain Steel Authority India Ltd. ( SAIL ) and Rourkela Steel Plant (RSP) to set up a slag based Cement Plant - Held, Petitioner has no locus standi to maintain the writ petition and cannot compel the opposite parties to go for a particular type manufacturing process. MANORANJAN PANDA V SAILENDRA NARAYAN PRAHARAJ & ORS. W.P. (C) NO OF 2008 (DT ) ( B.P.Das, J & B.P.Ray, J.) CIVIL PROCEDURE CODE, 1908 ORDER 26, RULE 1. Commission for examination witness Discretion the Court There is no material on record that due to ailment petitioner was unable to move Documents filed were not duly proved that those were issued by a registered medical practitioner Held, since learned Trial Court has considered the materials before him and not satisfied that the said witness should be examined on commission this Court is not inclined to interfere with the impugned order. (Sanju Panda, J.)

36 30 Court News VIK ASSOCIATES & CHITS PVT. LTD. V M/S. ASHOK AUTOMOBILS MECHANICAL & ELECTRICAL ENGINEER, BERHAMPUR CIVIL REVISION NO. 149 OF 1990 (DT ) COMPANIES ACT, 1956 SEC Decree passed by Company Court- Decree holder filed Execution Petition before the learned Sub-Judge, Berhampur alongwith the certified copy the decree petition rejected in the absence any order transfer the decree as prescribed U/s. 39 C.P.C. Hence this revision. Admittedly Judgment Debtor was staying at Berhampur As per Section 635 the Companies Act it is not necessary to transfer the decree by the Court to another Court for its execution as the decree can be filed before the Court within whose jurisdiction the Judgment Debtor is residing. Held, learned Sub-Judge failed to exercise his jurisdiction in executing the decree in question. PURNA CHANDRA NAYAK & ORS.-V- NISAKAR NAYAK. W.P.(C) NO OF 2009.(Dt ). CIVIL PROCEDURE CODE, ORDER 6, RULE 17. (Sanju Panda, J.) Amendment written statement - Suit for permanent / mandatory injunction - By way amendment defendants wanted to insert in the written statement that they have purchased the disputed land from the competent authority after the written statement was filed - No explanation has been given for the delay in filing the petition - Held, learned trial Court rightly did not allow the amendment petition. (R.N. Biswal, J.) MANOJ KUMAR AGARWAL V STATE OF ORISSA CRLMC NO OF 2008 (DT ) PENAL CODE 1860 SEC. 304-A Unless the person does any rash or negligent act not amounting to culpable homicide, which caused death any person, the provisions Section 304-A would not be attracted. In this case petitioner is the owner the rice mill and deceased Aparna Sethy was his employee and she died when her saree dragged alongwith the belt the rice mill Held, petitioner had not done any rash or negligent act, which was responsible for the death the deceased. Prosecution failed to establish a case U/s. 304-A against the petitioner. (B.P. Ray, J.) PENAL CODE Sec. 420 M/s. MAHAVIR AUTO DIAGNOSTIC PVT. LTD. V MANOJ AIYER CRLMC No ( Dt ) Allegations in complaint petition Failure on the part the petitioners to comply with certain promises made to the complaint while purchasing the car in question Held, mere failure to keep somebody s promise would not make himself liable for being prosecuted U/s. 420 I.P.C. Impugned order as well as the proceeding in the complaint case are quashed. (B.P. Ray, J.)

37 Court News 31 VUNGARALA BERAIAH NAIDU V GAJANANDA AGRAWAL CRLMC No (Dt ) NEGOTIABLE INSTRUMENT ACT, Sec. 138 Deemed Service notice Explained In the present case endorsement the postal authority shows that the accused was intimated about the notice on two dates but deliberately returned the same with the connivance the postal people. Held, accused managed to avoid service and therefore it can be construed as deemed service notice- Hence this Court is not inclined to interfere with the order taking cognizance against the petitioner U/s. 138 N.I. Act. (B.P. Ray, J.) SAGARIKA SATAPATHY V SATYANARAYAN DEBATA AND ANR. MATA NO. 58 OF 2007 (DT ) (A) HINDU MARRIAGE ACT 1955 SEC. 13(I)(ia), 23 (I)(b) Condonation Meaning Condonation means forgiveness the matrimonial fence and the restoration the fending spouse to the same position as he or she occupied before the fence was committed To constitute condonation there must be two things i.e. forgiveness and restoration Reinstatement the fending spouse is a prime requirement the doctrine Condonation and mere forgiveness the matrimonial fence is not sufficient to conclude condonation Condonation implies a complete reconciliation in the sense reinstating the fender to conjugal cohabitation. In the present case there was divorce on the ground adultery/cruelty. No material on record to indicate resumption conjugal life between the appellant and respondent No.1, rather their relationship is found to have remained bitter and strained. Held, this Court finds no material basis to sustain the defence condonation. (B) FAMILY COURTS ACT 1984 SEC. 14 Consideration evidence by a Family Court is not restricted by the rules relevancy or admissibility provided under the Indian Evidence Act. (L. Mohapatra, J. & B.K.Patel, J.) PRESIDENCY EXPORTS & INDUSTRIES LTD. V E. SHIPPING PVT. LTD. & ORS. ARBA No (Dt ) ARBITRATION ACT, Sec. 9 Whether District Judge in charge is competent to deal with the case in absence the District Judge - Held, No Since the 1996 Act is a special enactment, the District Judge has exclusive jurisdiction to deal with the case under the Act and Addl. District Judge-in-charge the District Judge cannot exercise power under the said Act. Impugned order setaside. (R.N. Biswal, J.) UNITED INDIA INSURANCE COMPANY LTD., BHUBANESWAR V ULLASH CHANDRA MOHARANA & OTHERS MISC. APPEAL NO. 168 OF 2001 (DT ) MOTOR VEHICLES ACT, 1988 SEC. 147, 149 r/w ORDER 6 RULE 2 C.P.C. Pleadings Owner-respondent No. 7 pleaded that he paid money and submitted proposal for policy to the Insurance Company on Dt Accident occurred at AM Dt Policy issued at 2.40 PM on Dt Money receipt towards the policy amount paid by the owner issued on Despite the above the Insurance Company did not file Addl. W.S. denying liability on the ground that the fending vehicle was not insured at the time accident.

38 32 Court News There was no specific pleading taken by the Insurance Company that Insurance Policy issued to respondent No. 7 was taken at 2.40 P.M. on for which Insurance Company was not liable to cover liability arising out the accident which took place at A.M. on Learned Tribunal rightly held the Insurance Company liable to satisfy the award. (B.K. Patel, J.) L.P. ELECTRONICS (O) PVT. LTD. & ANR. V. TIRUPATI ELECTRO MARKETING PVT. LTD. CRLMC NO OF 2008 (Dt ) NEGOTIABLE INSTRUMENT ACT, SEC.138 Opp. Party filed Complaint Petition U/s. 138 N.I. Act against the petitioner. Petitioner filed Civil Suit for settlement accounts after receipt notice in the complaint case. Petitioner filed this petition to quash the complaint proceeding or to stay further proceeding in the complaint case till disposal the Civil Suit. Held, both Civil and Criminal Proceeding can proceed simultaneously and mere filing a Civil Suit by the petitioner after notice U/s. 138 N.I. Act can not empower the petitioner to seek quashing the proceeding U/s. 138 N.I. Act or to stay further proceedings the said case petition for quashing is dismissed. (I. Mahanty, J.) TAPAN KU. SAMANTA V COLLECTOR-CUM-D.M., BLS. & ORS W.P.(C) No (Dt ) ESSENTIAL COMMODITIES ACT, 1955 Sec. 6(A) Seizure P.D.S. wheat alongwith the Truck Seizure made by the A.S.I. Police Not authorised to make seizure in view Sub-Clause (a) Clause 23 the P.D.S (Control) Order,2008 Held, seizure being illegal the proceeding U/s. 6(A) the E.C. Act cannot sustain in view Sub-Clause (a) Clause 23 the P.D.S. (Control) Order, (R.N. Biswal, J) ACTIVITIES OF ORISSA JUDICIAL ACADEMY During the period, following training programmes were organized in Orissa Judicial Academy imparting training on the topics as hereunder. Sl. No. Duration the Programme continuing Course contents the Training First Foundation Course Cadre Officers participating Civil Judges on Probation (Newly recruited Judicial Officers) No. Officers participated. Remarks 42 Civil Judges = to Orientation Training Programme on Juvenile Justice (Care & Protection Children) Act, 2006 and Rules made thereunder. Chairpersons & Members Dist. Child Welfare Committees. 19 Chairpersons & Members

39 Court News 33 MAJOR EVENTS 1. Swearing-in-Ceremony Hon ble Shri Justice Bilal Nazki as Chief Justice Orissa High Court. Hon ble Shri Justice Bilal Nazki was appointed as Chief Justice Orissa High Court vide Notification No. K.13027/2/2009-US.II dated the Govt. India, Ministry Law & Justice (Department Justice), New Delhi. His Excellency Shri Murlidhar Chandrakant Bhandare, the Governor Orissa administered the Oath Office to His Lordship on at 4.30 P.M. in the Name God. Hon ble the Chief Minister Orissa, Hon ble Judges the Court and high dignitaries the State were present on the said occasion. 2. Swearing-in-Ceremony Hon ble Shri Justice Bijaya Kumar Nayak, Hon ble Shri Justice Sanjaya Kumar Mishra and Hon ble Shri Justice Chitta Ranjan Dash. Hon ble Shri Justice Bijaya Kumar Nayak, Hon ble Shri Justice Sanjaya Kumar Mishra and Hon ble Shri Justice Chitta Ranjan Dash were appointed as Addl. Judges Orissa High Court vide Notification No. K.13027/1/2009-US.II dated the Govt. India, Ministry Law & Justice (Department Justice), New Delhi. Their Lordships took Oath Office on at A.M. in the name God. 3. Gram Nyayalaya at Puri. Gram Nyayalaya at Puri has been inaugurated by Hon ble Shri Justice I.M.Quddusi, Acting Chief Justice, Orissa High Court on Hon ble Shri Justice B.P.Das, Judge, Orissa High Court graced the said occasion. 4. Inauguration National Law University, Orissa at Cuttack. National Law University, Orissa, Cuttack was inaugurated by Hon ble Shri Justice K.G.Balakrishnan, Chief Justice India on Shri Naveen Patnaik, Hon ble Chief Minister, Orissa, Hon ble Shri Justice I.M.Quddusi, Acting Chief Justice, Orissa High Court and Chancellor NLUO also present on the said occasion. 5. Inauguration Court Building at Chhatrapur and Purusottampur. The Court Building Adhoc Addl. Dist. & Sessions Judge (Fast Track) at Chhatrapur and Court Building Judicial Magistrate First Class at Purusottampur was inaugurated on by Hon ble Shri Justice I.M.Quddusi, Acting Chief Justice Orissa High Court. Hon ble Shri Justice R.N.Biswal, Judge, Orissa High Court also graced the said occasion.

40 34 Court News NAMES OF HON BLE JUDGES OF ORISSA HIGH COURT PARTICIPATING IN PROGRAMMES/ COURSES AT THE N.J.A., BHOPAL AND OTHER PLACES Sl. No. Names the Hon ble Judges 1. Hon ble Shri Justice I.M.Quddusi Acting Chief Justice 2. Hon ble Shri Justice P.K.Tripathy 3. Hon ble Shri Justice B.K.Nayak Period & & & Topics Attended the Conference on National Consultation for Strengthening the Judiciary at Vigyan Bhavan, New Delhi. Participated in the National Conference High Court Justices on Poverty Eradication, Combating Social Exclusion and Advancing Social Justice ; Role Courts at N.J.A., Bhopal. Attended the Conference on National Consultation for Strengthening the Judiciary at Vigyan Bhavan, New Delhi. 4. Hon ble Shri Justice S.K.Mishra 5. Hon ble Shri Justice C.R.Dash to & Participated in the National Conference on Newly Elevated High Court Justices at N.J.A, Bhopal Participated in the National Conference High Court Justices on Globalization and the Indian Judicial System : Keys Issues and Challenges at N.J.A, Bhopal ACTIVITIES OF HIGH COURT LEGAL SERVICES COMMITTEE 1. Hon ble Shri Justice B.P.Das, Judge, Orissa High Court has been nominated as the Chairman the High Court Legal Services Committee, Orissa, Cuttack w.e.f. 7th November, 2009, after retirement Shri Justice P.K.Tripathy, former Judge the Court. 2. The High Court Legal Services Committee has been reconstituted on 1st December, Now the Committee consists Hon ble Shri Justice B.P.Das as Chairman, Hon ble Shri Justice L.Mohapatra, Hon ble Shri Justice N.Prusty, Chairman, O.A.T., Shri Justice A.K.Parichha, Dr. C.B.K.Mohanty, Smt. Sujata Mohapatra, Dr. Manjushree Patnaik, Smt. Mrinalini Padhi, Advocate, President, High Court Bar Association, Chairman, Orissa State Bar Council and Secretary, H.C.L.S. Committee as Members. The Meeting the Committee was held on 11th, December, 2009 in which many decisions have been taken to be implemented by the fice the Committee. 3. The 24th Permanent and Continuous Lok Adalat for the month December, was held on in which Hon ble Shri Justice M.M.Das, Hon ble Shri Justice B.P.Ray, Hon ble Shri Justice S.C.Parija presided over the Lok Adalat Benches. In the said Lok Adalat, 595 Cases were taken up out which 11 M.A.C. Appeals and 403 Contempts Court Matters relating to Higher Education and School & Mass Education Deptt., in total 414 cases were disposed by way compromise. The General Insurance Companies present in the Lok Adalat agreed to pay compensation Rs. 19,77,000/- to the claimants in MAC Appeals. 4. During the period under report, 63 applicants have been provided with the benefit under the scheme legal aid and advice by the High Court Legal Services Committee file or defend their Cases in the High Court. Similarly, 20 legal aid counsels have been paid Rs. 41,387/- towards their honorarium dues during the period.

41 Court News 35 ACTIVITIES OF ORISSA STATE LEGAL SERVICES AUTHORITY (1) Lok Adalats During the above period, the State Level Lok Adalats were held at Berhampur (Ganjam), Bhawanipatna (Kalahandi), Sambalpur, Bhubaneswar(Khurda), Cuttack and Balasore on , , , , and respectively, in which total 709 number MACT cases have been settled/ disposed on conciliation basis and a total sum Rs.6,53,61,065/- has been awarded as Compensation. Similarly, 240 number District and Taluk Level Lok Adalats and 242 number Legal Literacy/Awareness and Micro Legal Literacy Camps have been organized on different dates in the State. In the above District and Taluk Level Lok Adalats, 41,009 number cases have been disposed in total, which includes Civil-574, Criminal- 16,321, Revenue-22,284, Bank-1417, BSNL-383, Matrimonial-19, Consumer-08 and Labour-03. Criminal Fine Rs.60,94,338/- and Rs.80,12,223/- towards revenue have been realized in the above noted Criminal and Revenue cases. Besides this, 29 no. Legal Literacy Camps and 11 no. Lok Adalats on NREGA has been organized, wherein, 762 no. cases settled/disposed. (2) Mediation Activities During the period under report, 31 no. BSNL cases and 16 no. Land Acquisition Cases has been settled in the Orissa Mediation Centre, Cuttack. Similarly, 132 no. cases has been disposed in the District Mediation Centres, which includes Civil-51, Criminal-16, Matrimonial-09 and BSNL-56. (3) Legal Aid Beneficiaries The benefits the Scheme Legal Aid and Assistance have been extended to 609 numbers persons which include SC-57, ST-65, Women-209, In-cusstody-72 and Other Weaker Sections the Society (a) LEGAL LITERACY/AWARENESS CAMPAIGN AND SEMINARS On the State authority organized a Seminar on Role Panchayati Raj Institution in consumer Movement and Implementation NREGA at Hotel Swosti Plaza (Premium), Bhubaneswar in association with the Government Orissa in the Departments Panchayati Raj, Food Supplies & Consumer Welfare and Labour and Employment. This Seminar was inaugurated by Hon ble Sri Justice K.G. Balakrishnan, Chief Justice India. The Seminar had two sessions i.e. Inaugural Session and Technical Session. The Inaugural Session was presided over by Hon ble Sri Justice I.M.Quddusi, the Acting Chief Justice Orissa High Court with Sri Naveen Patnaik, Hon ble Chief Minister, Orissa as the Chief Guest and Sri Prafulla Samal, Hon ble Minister, Panchayati Raj and Sri Sarada Prasad Nayak Hon ble Minister, Food Supplies & Consumer Welfare as the guests Honour. This inaugural session was magnified with the Welcome address by Hon ble Sri Justice P.K. Tripathy, the then Judge, Orissa High Court, inaugural address by Hon ble the Chief Justice India issue based address by the Chief Guest and other guests Honour, Presidential address by Hon ble the Acting Chief Justice Orissa High Court and vote thanks extended by Hon ble Sri Justice B.P.Das, Judge, Orissa High Court. The Technical Session was presided over by Hon ble Sri justice L. Mohapatra and Hon ble Sri Justice A.S. Naidu, Judges Orissa High Court with Hon ble Sri Justice S.C. Mohapatra, Retd. Judge, Orissa High Court as a Chief Speaker and Sri Prafulla Samal, Hon ble Minister, Panchayati Raj Department and Sri S.N. Tripathy, IAS, Principal Secretary the said department as the distinguished speakers. The Chief Speaker and distinguished speakers addressed the gathering comprising the elected PRI members belonging to S.C. & S.T. Communities, Consumer activists, District Judges and Chairperson District Legal Services Authorities the State and other delegates, on the issues the seminar. The Hon ble Chairpersons also delivered their considered views on the issues. On the aforesaid occasion Hon ble Sri Justice K. G. Balakrishnan, Chief Justice India was also pleased to inaugurate the Mobile Legal Services Scheme the State Authority by flagging f the Mobile Legal Services Vehicle in the parking area Swosti Plaza in presence other dignitaries. A documentary film titled as JAATI RA NAA MANISA produced by this State Authority on the theme Bonded Labour (System) Abolition Act, 1976 and S.C. & S.T.(Prevention Atrocities) Act with the financial assistance rendered by BISWA a leading N.G.O.

42 36 Court News b) The Orissa State Legal Services Authority in association with High Court Legal Services Committee, District Legal Services Authority, Cuttack and District Administration, Cuttack observed the National Legal Services Day on by organizing a function at Collectorate Conference Hall, Cuttack. This programme was inaugurated by Hon ble Mr. Justice I.M.Quddusi, the Acting Chief Justice Orissa High Court and the Executive Chairman State Authority in presence Hon ble Sri Justice B.P. Das, Judge, Orissa High Court, Sri Ashok Mohanty, Advocate General, Orissa and Sri Kishore Ku. Mohanty, Collector, Cuttack on the dais. Hon ble Sri Justice A.S. Naidu, Hon ble Sri Justice M.M.Das and Hon ble Sri Justice B.N. Mohapatra, Judges, Orissa High Court also graced the said function. The proceeding commenced with a Welcome addres given by Sri S.Mohanty, Member Secretary, Orissa State Legal Services Authority, and Hon ble the Acting Chief Justice and the other Hon ble Guests on the dais addressed the gathering. Sri Debraraj Rout, Registrar(Judl.), Orissa High Court delivered vote thanks at the conclusion the meeting. c) The State Authority in association with the Government Orissa in Labour and Employment Department also organized a Seminar on in the Collectorate Conference Hall, Puri on the issue implementation Building and Other Construction Workers (Regulations Employment and Conditions Service) Act, 1996 and the Building and other Construction Workers Welfare Cess Act, This Seminar was aimed at sensitizing the ficials the Labour Department the State and creating awareness among them about the different provisions the aforesaid Pro-workers enactments for sake their successful implementation in the State. The Seminar was inaugurated by Hon ble Sri Justice Tarun Chatterjee, Judge, Supreme Court India and the Executive Chairman, National Legal Services Authority. The seminar comprised two sessions i.e. Inaugural Session and Technical Session. The Inaugural Session was presided over by Hon ble Mr. Justice I.M.Quddusi, the Acting Chief Justice, Orissa High Court and the Executive Chairman, Orissa State Legal Services Authority. The dais was also adorned by Hon ble Sri Justice Tarun Chatterjee, Judge, Supreme Court India as the Chief Guest, Hon ble Sri Justice B.P.Das, Judge, Orissa High Court and Chairman, High Court Legal Services Committee and Sri Puspendra Singh Deo, Hon ble Minister, Labour and Employment, Government Orissa. The session commenced with a Welcome Note by Sri B.P. Parija, District Judge and Chairman, District Legal Services Authority, Puri fallowed by valuable address given by Hon ble Sri Justice B.P. Das and Hon ble Minister Sri Puspendra Singhdeo and then issue based inaugural address by the Hon ble Chief Guest. Presidential address was delivered by Hon ble Sri Justice I.M. Quddusi, the Acting Chief Justice Orissa High Court and the session was concluded with a vote thanks by Sri Jagar Singh, IAS, Principal Secretary, Labour and Employment Department, Government Orissa. The Technical Session was chaired by Hon ble Sri Justice B.P.Das, Judge, Orissa High Court and Chairman, High Court Legal Services Committee with Hon ble Sri Justice P.K.Mishra, Former Chief Justice, Patna High Court as the Chief Speaker. Sri U. Sarathachandran, Member Secretary, National Legal Services Authority, Sri Jagar Singh, IAS, Principal Secretary, Labour and Employment Department and Sri Balakrushna Sahoo, IAS, Labour Commissioner, Government Orissa, and Sri Santun Ku. Mishra, Director, Factories and Boilers, Orissa also joined this session as distinguished speakers. The Chief Speaker and distinguished spokes persons addressed the assemblage on various aspects the enactments under subject. The Hon ble Chairperson also delivered presidential address. This session also included an interaction between the Hon ble Chief Speaker and the gathering for sake clarification doubts on some points. Sri S. Mohanty, Member Secretary, Orissa State Legal Services Authority delivered his Welcome address and Sri Fakir Ch. Satpathy, Collector, Puri extended vote thanks in this session. d) Under the aegis Orissa State Legal Services Authority a Legal Aid and Mediation Publicity Centre established in the up stair room Sri Radhaballav Matha at Badadanda, Puri was inaugurated on by Hon ble Sri Justice A.K.Patnaik, Judge, Supreme Court India in presence Hon ble Mr. Justice I.M. Quddusi, the Acting Chief Justice Orissa High Court and the Chairman, Orissa State Legal Services Authority, Hon ble Sri Justice L. Mohapatra, Judge, Orissa High Court and other dignitaries. This centre is aimed at wide spreading legal literacy and awareness among the public regarding various legal service activities, provision free and competent legal aid, mediation activities and different welfare enactments and schemes.

43 Court News Gram Nyayalaya at Puri Sadar Panchayat Samiti on by Hon ble Shri Justice I.M.Quddusi, Acting Chief Justice in presence Hon ble Shri Justice B.P.Das, Judge, Orissa High Court Inauguration Court Building Addl. Civil Judge (Jr.Dvn.) & Judicial Magistrate First Class at Purusottampur on by Hon ble Shri Justice I.M.Quddusi, Acting Chief Justice in presence Hon ble Shri Justice R.N.Biswal, Judge, Orissa High Court. Inauguration Court Building Adhoc Addl. Dist. & Sessions Judge (Fast Track) at Chatrapur on by Hon ble Shri Justice I.M.Quddusi, Acting Chief Justice in presence Hon ble Shri Justice R.N.Biswal, Judge, Orissa High Court.