Editorial Board Hon ble Shri Justice B.K. Patel. (i)

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2 Swearing-in-Ceremony of Hon'ble Shri Justice Satrughana Pujahari as Judge of Orissa High Court on Hon ble Shri Justice Amitava Roy, Chief Justice, Orissa High Court administering the Oath to His Lordship Farewell to Hon ble Shri Justice Pramath Patnaik on His Lordship s transfer to Jharkhand High Court Hon ble Shri Justice I.Mahanty Editorial Board Hon ble Shri Justice B.K. Patel (i)

3 Inauguration of Arbitration Center of the High Court of Orissa on by Hon ble Shri Justice Dipak Misra, Judge, Supreme Court of India in presence of Hon ble Shri Justice Amitava Roy, Chief Justice, Orissa High Court, Hon ble Shri Justice P. K. Mohanty, Judge Orissa High Court, Hon ble Judges of the Court, Bar Members of OHC Bar Assn. & Mrs. Suprama Mishra (ii)

4 CHIEF JUSTICE RESIDENCE CANTONMENT ROAD, CUTTACK Phone : (0671) (Off.) (Res.) (Res.) Fax : (Res) (Off) 3 rd January, 2015 JUSTICE AMITAVA ROY MESSAGE In continuation of the ongoing endeavours to record and disseminate informations about the significant activities of the institution, the present issue of the Court has been cast. This quarter, in particular, witnessed the inauguration of the Arbitration Centre of the High Court of Orissa within the premises of the High Court at Cuttack. This would facilitate inexpensive, timely and efficacious settlement of disputes in a Court annexed establishment. Initiatives in inauguration of new court buildings had been taken to actualise the vision of justice at the doorsteps. The spheres of e-court and Alternative Disputes Redressal procedures did receive mentionable fillip. The National Lok Adalat was a resounding success, recording disposal of cases more than double in number compared to the previous year. This is an encouraging index of mass awareness of collective responsibility for expeditious and conciliatory resolution of disputes. The disposal of cases generally has taken over the institution. al activities during this quarter have expanded the functional ambit to promote the call of participatory justice. Enhanced constructive participation of all in justice dispensation informed with qualitative content is the cherished goal. I am confident that this issue would be a progressive step towards that end. (Amitava Roy) (iii)

5 Court 1 CONTENTS 01. Names of Hon ble the Chief Justice and Hon ble Judges of Orissa High Court at present. 02. Sanctioned strength & vacancies in Orissa High Court , Disposal and Pendency of Cases in the High Court from to 04. Annual Statement showing, Disposal and Pendency of Cases in the High Court from to 05. Sanctioned strength & vacancies in District & Subordinate Courts Outlines of some recent Orissa High Court Judgments Major Events e-courts Project in Odisha Programmes attended by Hon ble Judges of Orissa High Court at Bhopal & other places. 10. Activities of High Court Legal Services Committee Activities of Orissa State Legal Services Authority Activities of Orissa Judicial Academy Infrastructural Development , Disposal and Pendency of Cases in District & Subordinate Courts from to 15., Disposal and Pendency of Cases in the Family Courts of the state from to 16. Annual Statement showing, Disposal and Pendency of Cases in District & Subordinate Courts from to

6 2 Court HON BLE JUDGES OF THE ORISSA HIGH COURT HON BLE THE CHIEF JUSTICE Hon ble Shri Justice Amitava Roy, M.Sc., LL.B. HON BLE JUDGES Hon ble Shri Justice Pradip Kumar Mohanty, LL.B. Hon ble Shri Justice Vinod Prasad, LL.B. Hon ble Shri Justice Indrajit Mahanty, LL.M. Hon ble Kumari Justice Sanju Panda, B.A., LL.B. Hon ble Shri Justice Biswanath Mahapatra, M.A., LL.B., PGDTL. Hon ble Shri Justice Bhabani Prasad Ray, B..A., LL.B. Hon ble Shri Justice Subhash Chandra Parija, LL.B. Hon ble Shri Justice Bijaya Krishna Patel, M.A., LL.B. Hon ble Shri Justice Bijaya Kumar Nayak, LL.M. Hon ble Shri Justice Sanjaya Kumar Mishra, M.Com., LL.B. Hon ble Shri Justice Chitta Ranjan Dash, LL.M. Hon ble Shri Justice Raghubir Dash, B.A., LL.B. Hon ble Dr. Justice Akshaya Kumar Rath, LL.M., Ph.D. Hon ble Shri Justice Biswajit Mohanty, M.A., LL.B. Hon ble Dr. Justice Bidyut Ranjan Sarangi, B.Com.(Hons), LL.M., Ph.D. Hon ble Shri Justice Debabrata Dash, B.Sc. (Hons.), LL.B. Hon ble Shri Justice Satrughana Pujahari, B.A. (Hons.), LL.B. Hon ble Shri Justice Biswanath Rath, B.A., LL.B. Hon ble Shri Justice Sangam Kumar Sahoo, B.Sc., M.A.(Eng.), M.A.(Oriya), LL.B. Hon ble Shri Justice Pramath Patnaik, M.A., LL.B. * * * * Swearing-in-Ceremony of Hon ble Shri Justice Satrughana Pujahari as Judge of High Court of Orissa ** Date of appointment as Addl. Judge of Orissa High Court : Took oath as Judge of Orisa High Court : Transfer of Hon ble Shri Justice Pramath Patnaik to Jharkhand High Court Date of appointment as Addl. Judge of Orissa High Court : Transferred and took oath as Addl. Judge of Jharkhand High Court :

7 SANCTIONED STRENGTH & VACANCIES IN HIGH COURT (As on ) Sanctioned Strength Working Strength Vacancies * = * = * = 7 * Addl. Judges Court 3 INSTITUTION, DISPOSAL AND PENDENCY OF CASES IN THE HIGH COURT (From to ) Case Type Opening Balance as on Civil Criminal Grand Total ANNUAL STATEMENT SHOWING INSTITUTION, DISPOSAL AND PENDENCY OF CASES IN THE HIGH COURT (From to ) Case Type Opening Balance as on Civil Criminal Grand Total SANCTIONED STRENGTH & VACANCIES IN DISTRICT AND SUBORDINATE COURTS AS ON Sl. No. 1. District Judge Name of the Cadre Sanctioned Strength Present Strength Vacancies Sr. Civil Judge Civil Judge (including Gram Nyayalayas) Special Judicial Magistrates Total

8 4 Court OUTLINES OF SOME RECENT ORISSA HIGH COURT JUDGEMENTS SACHIDANANDA MAHAKUD -V-MANAS RANJAN SAMAL & ANR. W.A. NO.85 OF 2013(Dt ) ODISHA GRAMA PANCHAYAT ACT, S.31 Election of Sarpanch Election challenged by filing election petition Separate application filed on the same day seeking direction to Nazir to accept deposit in respect of such election petition Maintainability of election petition No mode or manner prescribed for the deposit Election petition filed in accordance with the prescription of Section 31 of the Act and Rule 88 of the Odisha Grama Panchayat Election Rules, 1965 No reason to interfere with the impugned judgment passed by the learned single Judge confirming the order of the Election Tribunal. (Amitava Roy, CJ & Dr. A. K. Rath, J.) COAL INDIA LTD. & ORS. -V- CAPT. HARI SANKAR AIRY W. A. NO.322 OF 2014(Dt ) SERVICE LAW Transfer Office memorandum Dt and 7/ Transfer policy stipulates administrative ground is to be given prime consideration in transferring an executive/non-executive, more particularly working in sensitive disciplines even if left with less than two years service No material on record to suggest that the respondent on transfer has been lowered in status or rank or that any condition of his service has been adversely affected Transfer being an incidence of service the same cannot be interfered with unless it is vitiated by mala fide No interference with the decision, posting the respondent from MCL to CCL is warranted Impugned judgment of the learned single Judge is set aside. (Amitava Roy, CJ & Dr. A. K. Rath, J.) BIKAL ROUT -V-DHOBANI BESWA & ORS. O.J.C. NO.8879 OF 1994(Dt ) ODISHA LAND REFORMS ACT, S.22 Vendor of the case land did not belong to scheduled caste on the date of execution of the sale deed i.e. Dt He was declared scheduled caste in the presidential order as per Government of India Notification Dt Held, no permission U/s.22 of the Act was required at the time of execution of the sale deed and the sale was not void for want of such permission. (B. K. Nayak, J.) M/S. C. P. MOHANTY & ASSOCIATES -V-STATE OF ODISHA & ORS. W.P.(C) NO.8979 OF 2014(Dt ) TENDER Initially technical bid of O.P.3 was rejected due to lack of bridge works experience Subsequently such decision was recalled and O.P.3 was adjudged to be qualified to participate in the process Action challenged for not issuing notice to the petitioner There is no mandate for issuance of notice to other participating bidders in case of re-evaluation of a technical bid, if considered necessary by the accepting authority No such stipulation in the tender norms essentially requiring issuance of such notice before conducting re-evaluation Bridge work experience was not construed to be an essential condition of eligibility and a bidder lacking on the same would per se stand disqualified The decision

9 Court 5 to qualify the O.P.3 to facilitate his participation in the process has been taken by a body competent to do so and would only to secure a broader field of competition in public interest Impugned order does not warrant any interference. (Amitava Roy, CJ & Dr. A. K. Rath, J.) DEBARCHAN MAHANANDIA -V-STATE OF ORISSA &ORS. RVWPET No. 150 OF 2004(Dt ) CIVIL PROCEDURE CODE, 1908 O.47,R-1 Review Meaning of Judicial re-examination of the case Any thing pleaded by a party should be pressed before the Court at the time of hearing If not pressed, presumption would be that they are abandoned by such party. In this case though applicability of ORV Act has been pleaded the same was not pressed by the earlier counsel appearing in that case so the Court had no occasion to deal with such question and presumption is that they were abandoned by the party Held, mere change of counsel can not be a ground to review the impugned order passed in the writ petition. (Dr. B. R. Sarangi, J.) MAJUM BIBI -V-STATE OF ODISHA & ORS. CRLMC. NO.3067 OF 2014(Dt ) CRIMINAL PROCEDURE CODE, S. 210 (3) Complaint case filed by way of protest in respect of the accused persons not charge-sheeted by police in G.R. Case Application to club both the cases for trial Magistrate rejected the application on the ground that accused persons charge-sheeted in the G.R. Case are not the same in the complaint case Action challenged Held, when both the G. R. Case as well as complaint filed by way of protest arise out of the same occurrence, the learned Magistrate should have clubbed both the cases and tried them together to avoid any conflict in the findings. (S. C. Parija, J.) VIJAYA LAXMI BEHURA -V-STATE OF ORISSA & ORS. W.P.(C) NO OF 2013(Dt ) A. SIKHYA SAHAYAK Regularization as primary school teacher Eligibility Satisfaction of village Education Committee Candidate must have completed six years continuous satisfactory engagement as Sikhya Sahayak as per Clause 12.2 of the Guidelines of the Government, department of school and Mass Education Dt In this case petitioner was appointed as Sikhya Sahayak on on annual contract basis but remained absent from to However, she was allowed to join work w.e.f on execution of a fresh agreement Her engagement from to cannot be counted towards continuity of service Held, there is no infirmity in the impugned order rejecting petitioner s representation to regularize her service as Primary school teacher. B. SERVICE LAW Sikhya Sahayak Regularization as primary school teacher Eligibility Satisfaction of the village Education Committee Candidate must have completed six years continuous satisfactory engagement as per Clause 12.2 of the Guidelines of the Government, Department of School and Mass Education Dt (Pramath Patnaik, J.)

10 6 Court M/S. LIFE LINE MEDICAL STORE (DAY & NIGHT) -V- ALL INDIA INSTITUTE OF MEDICAL SCIENCE & ANR. W.P.(C) NO OF 2014(Dt ) TENDER Fresh tender notice issued after cancelling earlier tender process Action challenged Power of judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor made to suit the convenience of any particular person with a view to eliminate all others from participating in the bidding process Bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda One cannot challenge the terms and conditions of the tender except on the above stated ground. In this case the decision of the Opp.Parties in any manner is illegal, arbitrary or mala fide By no stretch of imagination, it can be comprehended that the condition is tailor made to select a particular person No personal mala fide has been alleged, nor there is anything to show that the decision is not bana fide or actuated by any extraneous consideration. (Amitava Roy, CJ & Dr. A. K. Rath, J.) RUKMUNI DAS -V-STATE OF ODISHA & ORS. RVWPET NO.16 OF 2014(Dt ) CIVIL PROCEDURE CODE, O-47, R-1 Review of Judgment passed by Coordinate Bench of this Court holding that mere failure of tubectomy operation could not be per se be demonstrative of medical negligence entitling the person undergoing the same to compensation There is neither any admission on the part of the opposite party nor any proof of medical negligence vis-a-vis the petitioner as acknowledged in law Writ petition adjudicated on merits No reason to entertain the review petition which is dismissed. (Amitava Roy, CJ & Dr. A. K. Rath, J.) MURALIDHAR PRADHAN -V- HAREKRUSHNA SETH W.P.(C) OF 2013(Dt ) CIVIL PROCEDURE CODE,1908- O-6, R-17 Amendment of written statement - Evidence from the side of the plaintiff closed - Withdrawal of earlier admission in written statement Amendment would change the nature and character of the suit Held, earlier admissions of the defendant can not be allowed to be withdrawn by way of such amendment. In this case, the defendant in his written statement admitted that the suit property was gifted to his father by Draupadi Beherani and now by way of amendment he wants to withdraw such admission with the plea that the said property was gifted to his parents Held, the Court below rightly rejected his application for amendment (S.Panda,J.) KANAK MANJARI KAR V- SUSANTA KUMAR DASH MATA NO.15 OF 2014(Dt ) A. HINDU MARRIAGE ACT, S.13 (1) Divorce Exparte decree Proceeding initiated by respondent-husband within six months of the marriage Bar U/s. 14 (1) of the Act Appellant-wife became aware of the decree when she filed petition

11 Court 7 for restitution of conjugal rights Trial Court dismissed application U/s.9 of the Act on the ground of the above exparte decree The husband though alleged character of the wife in the divorce proceeding did not name the persons with whom the wife had relationship Wife was dark about such proceeding Husband obtained exparte decree by suppressing material facts Held, the exparte-decree is set aside and the matter is remitted back to the learned Court below for fresh disposal as to whether notice has been made sufficient on the appellant-wife and to consider maintainability of the application filed within six months of marriage. B. HINDU MARRIAGE ACT, S.14 (1) Divorce petition presented within six months of marriage Proviso to the said provision provides leave for the parties in exceptional cases Provision is not mandatory but directive in case prima facie exceptional hardship case is made out. (S. Panda, J.) PARITOSH DASH V-STATE OF ORISSA CRLA NO. 374 OF 2007(Dt ) N.D.P.S. ACT, S. 20 (b) (ii) (c) Seizure of ganja from the verandah of a house and the house is inhabited by several persons No clear suggestion given by the prosecution that the house in question was not in joint possession of several persons Prosecution failed to establish the necessary connection showing exclusive and conscious possession of the contraband articles by the accused-appellant Conviction and sentence are set aside. (S. K. Mishra, J.) UDIT KUMAR PANIGRAHI V- SAMBALPUR UNIVERSITY AND ANR. O.J.C. No OF 2001(Dt ) DISCIPLINARY PROCEEDING Imposition of major penalty Non-Supply of inquiry report and copies of statements of witnesses recorded during preliminary inquiry Though charges framed individually, the inquiry was conducted jointly, even in the absence of any order by the disciplinary authority prejudice caused to the petitioner Impugned orders having suffered from vice of bias of the authorities are quashed Petitioner is entitled to be reinstated in Service with all consequential financial and Service benefits. (Dr. B.R.Sarangi, J ) JADUMANI NAIK-V-STATE OF ORISSA JCRLA NO. 23 OF 2006(Dt ) EVIDENCE ACT, S. 32 Dying declaration Victim suffered burn injuries Doctor (PW.8) recorded dying declaration as per the dictation of another doctor (P.W.6) When both the doctors deposed with clarity absence of endorsement on the statement to that effect is of no consequence - Moreover as the victim died fifteen days after the occurrence and facial portion of the victim was not severely burnt it is not correct to hold that she was not in a fit state of mind to give the declaration Held, the dying declaration is truthful and voluntary Impugned judgment of conviction and sentence are confirmed. (D. Dash, J.)

12 8 Court ZONE OFFICER, U.I.P. KUSUMKHUNTI, KALAHANDI-V-ABHIMANYU SENAPATI & ORS. FIRST APPEAL NO. 82 OF 1999(Dt ) LAND ACQUISITION ACT, S.18 Reference for higher compensation Market value of the acquired land A dwelling house stands on a portion of that land and vegetables grown in another portion and Rs. 20,000/- per annum earned out of the same Land is fit to be converted to homestead Land Acquisition Collector has lost sight of all these aspects Similar kissam of land to an extent of 29 decimals in the vicinity had been sold for a consideration of Rs. 6,200/- - Held, determination of market value of the land in question at Rs. 300/- per decimal is just and proper. (D. Dash, J.) ATMARAM SANSKRIT MAHAVIDYALAYA V-SHRI JAGANNATH SANSKRIT VISHWAVIDYALAYA & ORS.. W.P.(C) NO OF 2013(Dt ) EXAMINATION Mass malpractice Examination committee cancelled the result and imposed punishment Action challenged Sub-Section 6 of Section 214 of the Odisha Universities First Statutes, 1990 is clear that only the Syndicate shall decide imposition of penalties on the recommendation of the Examination Committee Held, the impugned notification so far it relates to punishment of cancellation of the results of 4 th paper Vyakarana Upasastri (New & Old) Examination, 2013 of the students of the petitioner s and the punishment of debarring the Centre Superintendent and Invigilator from examination related works is quashed Direction issued that the syndicate of the O.P. University shall consider the recommendation of the examination committee and take an independent decision. (B. K. Nayak, J.) JAYASHREE SHARMA & ANR.-V-CHANDBAI SHARMA & ORS. W.P (C) No.1377 OF 2005( ) ODISHA CONSOLIDATION OF HOLDNGS AND P.F.L. ACT, - Ss.4(4), 51 Consolidation authorities are vested with the power to decide the question of right, title and interest in Land and Civil Courts Jurisdiction to decide such questions has been ousted by virtue of Section 51 and 4 (4) of the Act The disputed questions of partition cannot be decided by the Revenue Office in a ceiling proceeding under the OLR Act, unless partition is admitted by the parties concerned or it has already been adjudicated by a competent Court or Tribunal. (B.K. Nayak, J.) M/S HARSHPRIYA GRANITES PVT.LTD. -V- THE DY. COMMISSIONER OF SALES TAX. B.B.S.R. W.P.(C) NO OF 2012(Dt ) CENTRAL SALES TAX (ODISHA) RULES, 1957 RULE 12 (1) (b) Provisional assessment of tax Accessing authority not only allow due opportunity to the dealer to furnish required declaration form / certificate but also grant further time for the said purpose. In this case the petitioner was served with a notice Dt to appear before the assessing officer on petitioner appeared on and prayed for two months time to provide necessary declaration form but the Assessing officer instead of allowing time passed the impugned order

13 Court 9 on Dt The Assessing Officer has not only violated the principles of natural justice but also failed to exercise the statutory power vested on him Held, the impugned order of assessment and demand is set aside and the matter is remanded for fresh adjudication (Indrajit Mahanty, J & B.N.Mahapatra, J.) STATE OF ORISSA -V- BABULI NAIK G.A. NO.30 OF 1997(Dt ) A. CRIMINAL TRIAL Rape Case Acquittal by trial Court Re-appreciation of evidence by High Court Evidence of the victim that when the respondent touched his penis with her private part there was ejaculation and after discharge the respondent pushed his penis in to her vagina Trial Court disbelieved her evidence on the ground that there being ejaculation, the sexual inter course is improbable No evidence that the discharge was to the fullest extent and the penis being not in a position of erection penetration was quite impossible It is also not universal but it depends on the quantum of discharge so as to make the penis totally incapable, even slight erection is enough for penetration When the victim (P.W.1) has stated that the appellant pushed his penis, it pre-supposes that the penis was having the erection to have slight penetration Penetration even to slight extent is enough Held, view taken by the trial Court is perverse Impugned order of acquittal is set aside Respondent is convicted for commission of offence U/s. 376 I.P.C. B PENAL CODE, S. 376 Rape Solitary testimony of the victim It can form the foundation of a finding of guilt for commission of offence of sexual assault upon her and absence of corroboration does not stand on the way of acceptance of the same However corroboration may be considered essential when the evidence of the victim suffers from basic infirmity and the probability factors render it unworthy of credence. In the present case solitary testimony of P.W.1 gets further corroboration from the doctor (P.W.15) Held, the respondent is liable to be convicted U/s.376 I.P.C. (D. Dash, J.) ARINDAM CHAKRA -V-BIJU PATTNAIK UNIVERSITY OF TECHNOLOGY & ANR. W.P.(C) NO OF 2014(Dt ) A. CONSTITUTION OF INDIA, 1950 ART.14 Equality before law Clause-12.0 (a) of the Academic Regulation while allowing re-totaling/rechecking of marks for regular students, denied the same for the candidates of Special examination, though all are prosecuting the same course of studies with same academic curriculum Impugned clause is hit by Article 14 of the Constitution of India and to that extent the provision is declared as ultra vires Direction issued to University Authorities to make necessary re-totaling/re-checking of the answer sheets of the petitioner and to declare his result. B. DOCTRINE OF UTRA VIRES Meaning of It refers to not only lack of power to do any act but also to any situation like improper or unauthorized procedure, purpose or violation of the law of natural justice in exercising the power that is lawfully conferred on the authority concerned. (Dr. B. R. Sarangi, J.)

14 10 Court PANCHUNATH SAMAL -V- UNION OF INDIA & ORS. O.J.C. NO OF 2001(Dt ) SERVICE LAW Misconduct Proportionality of punishment Delinquent had slept during duty hours and having been caught, he man handled the patrolling officer For this sole incident he could not have been imposed major penalty of removal from service Disciplinary authority as well as the appellate authority ought to have given opportunity to the delinquent-petitioner to amend his conduct and behaviour Held, for a single triffle incident punishment is disproportionate to the nature of misconduct alleged which is set aside and the matter is remitted back to the revisional authority for fresh adjudication. (Dr. B. R. Sarangi, J.) TAPAN KUMAR KAR -V-UNION OF INDIA & ORS. O.J.C. NO OF 2001(Dt ) A. CONSTITUTION OF INDIA, 1950 ART. 226 Writ petition Territorial jurisdiction Disciplinary proceeding initiated and order of removal passed against the petitioner at Hyderabad Petitioner a native of the State of Odisha The appellate order addressed to the petitioner to his local address Held, the plea that this Court has no jurisdiction in the writ petition cannot be sustained. B. CONSTITUTION OF INDIA, ART. 311 Departmental Proceeding Non-supply of documents asked for by the delinquent-petitioner and not allowing him defence assistance Violation of principles of natural justice Punishment imposed by the disciplinary authority and confirmed by the appellate authority are quashed Opp, Parties are directed to reinstate the petitioner in service with all consequential financial and service benefits. (Dr. B. R. Sarangi, J.) BANAMBAR PANDA V-UNITED BANK OF INDIA & ORS. W.P.(C) NO OF 2010(Dt ) SERVICE LAW Petitioner being a public servant dismissed from service on conviction under the prevention of Corruption Act, 1988 He was kept out of service due to corruption charge and not at the behest of the employer i.e. the bank Petitioner is not entitled to get any financial or service benefit However, he is entitled to gratuity in accordance with law. (Dr. B. R. Sarangi, J.) JAYANTI DAS -V-STATE OF ODISHA & ORS. W.P.(C) NO OF 2014(Dt ) P.I.L. Sewerage work in Cuttack City Difficulties faced by people during execution of such work challenged L & T Company has taken sufficient steps to avoid any untoward incident Too early to assess that the work is not done in proper prospective JICA is funding through Government of India to OISIP to execute the work Direction issued to provide number of display boards pertaining to diversion of traffic at the working sites and proper illumination during night Further direction issued to provide sufficient number of security personnel to avoid traffic congestion and necessary precautionary steps be taken to avoid water logging during monsoon. (Amirava Roy, CJ & Dr. A. K. Rath, J.)

15 Court 11 SUDARSAN BARIK -V- THE M.D., ODISHA FOREST DEVELOPMENT CORPORATION LTD. W.P.(C) NO OF 2013(Dt ) TENDER Highest bidder called upon to deposit defect E.M.D. Failure to do so Forfeiture of amount towards E.M.D./Security deposit as per the terms and conditions of the tender call notice Held, impugned action is valid. (Amitava Roy, CJ & Dr. A. K. Rath, J.) BABAJI DHAL -V- ELECTION OFFICER-CUM-B.D.O., PATTAMUNDAI BLOCK, KENDRAPARA & ANR. W.P (C) No OF 2004(Dt ) ELECTION CASE Recounting of votes When can be ordered No adequate pleadings of natural facts No prima facie case of a high degree of probability exists There was also once recounting of votes Only narrow margin of votes between the parties is not sufficient for the purpose Held, impugned order directing recounting of votes is set aside (C.R. Dash, J.) STATE OF ORISSA V- GOPINATH NAYAK GOVT. APPEAL NO. 02 OF 1998(Dt ) PENAL CODE, S. 376 (2) (f) Rape Victim aged about one and half years It is established from evidence beyond reasonable doubt that the respondent was the author of the Crime Imposition of less sentence than it is prescribed Minimum sentence prescribed is R.I. for ten years, extending to life and also fine Court may on adequate and special reasons to be mentioned in the judgment, impose less sentence than prescribed. In the present case imposition of less sentence cannot be said to be adequate and special Held, order of sentence passed by the trial Court is set aside The responded is sentenced to undergo R.I. for eleven years instead of seven years with the same sentence of fine imposed by the trial Court. (D. Dash, J.) MANGALA GOUDA -V- STATE OF ORISSA CRLA NO.16 OF 2006(Dt ) CRIMINAL TRIAL Murder of wife Younger son and elder daughter-in-law of the appellant are eyewitnesses to the occurrence No reason for them to falsely implicate the appellant Motive for committing the crime is that the appellant had extra marital relationship with another lady for which the deceased refused to provide him food Son of the appellant though an infant at the time of occurrence was six years of age at the time of deposing in the Court He was tested by the presiding officer and was found to be fit to give evidence in the Court Held, the conviction and sentence recorded by the trial Court is confirmed. (Vinod Prasad, J & Pramath Patnaik, J.)

16 12 Court DREDGING & DESILTATION CO. PVT. LTD. -V- BOARD OF TRUSTEES OF PARADIP PORT TRUST MISC. CASE NO. 33 OF 2013(Arising out of ARBP No. 25 of 2007) (Date of judgement : ) ARBITRATION AND CONCILIATION ACT,1996- S. 15(3) Appointment of Substitute arbitrator - Incumbent arbitrator appointed in his official capacity, Suspended from his official position- Ineligible to discharge his role -Terms of arbitration agreement are that the Arbitral Tribunal was to be comprised of two arbitrators, one to be nominated by the contractor and another by the Board- Independence, impartiality, reliability and efficacy of the arbitrator is important - Held, it is within the competence of the Board to terminate the mandate of the nominated arbitrator and to appoint the substitute arbitrator. (Amitava Roy, C.J.) SUBRAT DAS & ANR. V- STATE OF ORISSA & ORS. W.P.(C) NO OF 2014(Dt ) CIVIL PROCEDURE CODE, S.11 Resjudicata Writ petition to decide as to who are authorized to climb upon the holy chariots and touch the deities during different holy occasions including the car festival of Lord Jagannath Issue involved in the present list has already been set at rest in the case of Bhabani Prasad Mishra Vrs. State of Odisha and others reported in 2014 (II) OLR 95 Held, writ petition is hit by the principle of resjudicata. (Dr. A. K. Rath, J & Dr. B. R. Sarangi, J.) BABAJI NAYAK & ANR. -V-GOVT. OF ORISSA R.F.A. NO.155 OF 2009(Dt ) LIMITATION ACT, 1963 ART. 65 Adverse possession Test Possession must be peaceful, open, continuous and it must be proved to be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true owner. In this case plaintiffs have not pleaded from which year, even approximately from which time they began to possess the suit land Even the person in possession is not aware as to who is the owner of the suit land so question of denial of title of the true owner does not arise So far as the entry of forcible possession in the ROR, it can not lead to a presumption as regards continuity of possession fulfilling other legal requirements for perfection of title by way of adverse possession Held, plaintiffs have failed to discharge the burden of proof resting on them to establish their claim of perfection of title over the suit land by way of adverse possession. (D. Dash, J.) U. HARIGOPAl V-REPUBLIC OF INDIA CRLA NO. 238 OF 2004(Dt ) PREVENTION OF CORRUPTION ACT Ss. 7, 13(2), 13(1)(d) Trap Proceeding Accused was caught red handed Mere recovery of tainted money by itself is not enough to establish the charge in the absence of evidence to prove that the appellant has voluntarily accepted money knowing it to be bribe Defence evidence to rebut the charge In this case though independent official witnesses available they were kept out and the I.O. was cited as an over hearing witness The evidence of the complainant as well as I.O. has been rendered unreliable whereas the

17 Court 13 defence evidence remained un-assailed Prosecution has failed to establish the guilt of the appellant beyond reasonable doubt Held, the impugned conviction and sentence against the appellant is set aside. (B. P. Ray, J.) PABAN KUMAR SAHU & ORS.-V-ROURKELA DEVELOPMENT AUTHORITY & ORS. W.P.(C) NO.9533 OF 2014(Dt ) P.I.L. Before entertaining the PIL, Courts should ensure that it is aimed at redressal of genuine public harm and there is no personal gain, private or oblique motive behind it. In this case it is evident from the writ petition that the petitioners have substantial interest over the land in question so the litigation cannot be termed as PIL which is otherwise an abuse of the process of the Court The writ petition is dismissed with cost of Rs.1000/-. (Amitava Roy, CJ & Dr. A. K. Rath, J.) MAN MOHAN DAS & ORS. V-STATE OF ORISSA & ORS. W.P(C) No OF 2014(Dt ) CONSTITUTION OF INDIA, 1950 ART,14 Abolition of sub-whole salership in superior kerosene oil vide odisha public Distribution system (Control) Amendment order, 2013 Order Challenged policy decision to abolish the intermediary system Recommendation of justice wadha committee Tests for determining reasonableness of restriction have been fulfilled in this case and the Amendment order is not violative of Article 19 (i) (g) of the Constitution Held, the O.P.D.S. Amendment order, 2013 is not violative of Articles 14 of the Constitution of India. (Amitava Roy, CJ & Dr. A.K. Rath, J.) BANA BIHARI JENA -V-COMMANDANT, 12 B.N., C.R.P.F. ZUBZA KOHIMA, NAGALAND & ORS. O.J.C. NO.8421 OF 1994(Dt ) DISCIPLINARY PROCEEDING Proceeding not conducted fairly Presumption could be drawn that the same caused prejudice to the charged employee. In this case inquiry report not supplied to the delinquent officer No opportunity to give effective reply to the inquiry report Punishment of dismissal imposed by disciplinary authority was affirmed by the appellate authority Violation of principle of natural justice on application of mind by the authorities Held, impugned order quashed Matter is remitted back to the disciplinary authority to consider the matter from the stage of giving opportunity to the petitioner-delinquent officer to give his reply to the findings of the enquiring officer. (Dr. B. R. Sarangi, J.) LAXMIDHAR DAS -V- STATE OF ORISSA & ORS RVWPET NO.49 OF 2007(Dt ) CIVIL PROCEDURE CODE, 1908 S. 114 Review Order impugned in review petition was passed in the absence of the counsel for the review petitioner Held, review petition is to be allowed and the matter should be heard on merits. (Pradip Mohanty, J & Biswajit Mohanty, J.)

18 14 Court PRADEEP KUMAR BEHERA & ORS. V-COMMISSIONER OF LAND RECORDS & SETTLEMENT, ORISSA & ORS. O.J.C. NO OF 1997(Dt ) ODISHA CONSOLIDATION OF HOLDING & P.F.L. ACT, 1972 Ss. 5(1), 13(1)(4), 37 (R/W SECTION 15(b) OF THE O.S.S. ACT, 1958) Publication of ROR U/s 13(1) of the Consolidation Act before issuance of order by the State Government U/s 5(1) of the said Act de-notifying consolidation operation in respect of the concerned village - Whether correctness of such ROR can be examined by the revisional authority under the consolidation Act or the revisional authority under the OSS Act? Held, Consolidation Commissioner or Director of Consolidation has no authority to exercise revisional power U/s 37 of the Consolidation Act to examine the Correctness of the ROR published U/s 13(1) of the Act - In view of the deeming provision in section 13(4) of the consolidation Act an ROR published U/s 13(1) before publication of cancellation notification U/s 5(1) shall have all the consequences attached to the ROR as if it is one published under the OSS Act and correctness there of can be examined by the Settlement Commissioner U/s. 15(b) of the said Act. (B. K. Nayak, J.) MALAYA KUMAR DURGA -V-STATE OF ODISHA & ORS. W.P.(C) NO OF 2014(Dt ) ODISHA GRAMA PANCHAYAT ACT, S. 26 (2) Disqualification incurred by Sarpanch Collector has to enquire suo motu or on an application filed by any person including a defeated candidate instituted election case He must be satisfied about the prima-facie case, after giving an opportunity of hearing to the person whose disqualification is in question. In this case the petitioner-sarpanch though appeared and taken unnecessary adjournments he was not given chance to rebut the reports submitted by BDO and GPEO against him No opportunity of hearing given to the petitioner Held, the impugned order is set aside subject to payment of cost of Rs.5000/- to O.P.4 Parties are directed to appear before the Collector for disposal of the Case. (C. R. Dash, J.) GURU CHARAN MOHANTA -V-STATE OF ORISSA JCRLA NO.44 OF 2002(Dt ) PENAL CODE, S. 376 (1) Rape Victim s testimony found to be truthful Her evidence gets support from other witnesses No reason for the victim woman to implicate the appellant at the cost of her own dignity Had it been with consent the victim would not have disclosed the incident on her own when nobody had seen the incident or doubted about the relationship Nothing to cast any doubt on the veracity of the victim Held, impugned judgment of conviction and sentence are confirmed. (D. Dash, J.) KALIA SUNDRAY-V-STATE OF ORISSA & ORS. W.P.(CRL) NO. 223 OF 2014(Dt ) NATIONAL SECURITY ACT, 1950 S. 3(2) Order of detention Unexplained delay of 17 days by the state Government in forwarding the detenue petitioner s representation to the central Government There is also delay by the Central

19 Court 15 Government in dealing with such representation Representation of the petitioner not having attended properly, it infringes the fundamental right of the petitioner guaranteed Under Article 22 of the Constitution of India Detenue petitioner is entitled to be set at liberty forthwith if his detention is not required in connection with any other case. (Indrajit Mahanty, J & B.N.Mahapatra, J.) BINOD BIHARI DASH & ORS. V-STATE OF ODISHA BLAPL NO OF 2014(Dt ) CRIMINAL PROCEDURE CODE, 1973 S.438 Anticipatory bail Offence U/s. 13(2) read with section 13(1)(d) of the P.C.Act, 1988 and Sections 409, 465, 467, 471 read with section 120-B of I.P.C. Allegations of manipulation during valuation of answer sheets of arithmetic/g.k. and Computer Papers for appointment in the post of R.I./A.R.I/Amin No coding system was adopted Though petitioner No.(s) 1, 2 and 4 were directed by specific order to evaluate answer papers they should not have allowed the ministerial staff to do the same No specific allegation against petitioner No. 3 in the F.I.R and materials collected by the vigilance authority do not attribute any specific role played by her - Held, petitioner No. 3 being a lady and keeping in view the proviso to section 437(1) Cr. P. C. her prayer for bail is allowed However, since custodial interrogation is very much necessary this court is not inclined to grant pre-arrest bail to petitioner No.(s) 1, 2 and 4. (S. K. Sahoo, J.) PURNA CHANDRA TRIPATHY & ORS. -V- STATE OF ORISSA & ORS O.J.C. NO OF 2001(Dt ) CIVIL PROCEDURE CODE, O-47, R-1 Review Consolidation Commissioner reviewed his order by re-appreciating facts afresh Order challenged A mistake to be rectified by recall must be an apparent mistake which goes against who had been intended or a clerical or arithmetical mistake A Court or Tribunal is entitled to decide right or wrong but a wrong decision does not entitle the Court to review the earlier decision and pass a correct decision on merits by re-appreciating the facts afresh. In this case, not only the Commissioner consolidation has no power of review but also he lacks power to decide the revision afresh on merits on re-appreciation of the entire matter holding that the earlier decision was wrong, which is wholly impermissible Held, the impugned order is quashed The first revisional order Dt is restored subject to modification that Ac.0.02 decimals of land out of Ac.0.14 decimals in L.R. Plot No.758 shall be recorded in favour of the petitioners. (B. K. Nayak, J.) PRATIMA NEPAK V- DIBAKAR MOHAPATRA MATA NO. 93 OF 2012(Dt ) HINDU MARRIAGE ACT, 1955 S.25 Permanent alimony How to fixup No fixed formula can be adopted but it would depend on status of parties, their social needs and the financial capacity of the husband and other issues. In this case, the appellant-wife was 51 years old at the time of filing of the case and the life expectancy of a female being minimum 70 years, monthly permanent alimony is enhanced to Rs. 5,000/- per month and compounding the same for 19 years, it comes to Rs. 11,40,000/- which will be paid to the appellant-wife within six months in three equal installments However on failure of payment the amount shall carry 7% interest per annum. (Vinod Prasad, J & Pramath Patnaik, J.)

20 16 Court FAMILY COURT ACT, S. 19 (1) BASANTI SETHI -V-PARAMANANDA SETHI MATA No. 24 of 2014(Dt ) Appeal against order declaring that the appellant is not the wife of the respondent Earlier application of the appellant U/s. 125 Cr.P.C was allowed by the learned JMFC Nimapara with a direction to the respondent to pay monthly maintenance of Rs. 1000/- to her and Rs. 500/- to her son and the said order was confirmed by the High Court Appellant filed two important documents in support of her marriage The respondent has never disputed the factum of marriage in the proceeding U/s. 125 Cr.P.C Learned family Judge lost sight of all these material points Held, the impugned judgment is set aside and the matter is remitted back to reconsider the allocation afresh. (Vinod Prasad, J. & Pramath Patnaik, J.) KESHAB CHANDRA PANDA -V-KASTURI MAHATAM & ORS. W.P.(C) No OF 2006(Dt ) ODISHA SURVEY AND SETTLEMENT ACT, S.13 (3) Presumption of entry in recording-of-rights If any entry in a record-of - rights is altered in a subsequent record-of-rights, the later entry shall be presumed to be correct until it is proved by evidence to be incorrect. (B.K. Nayak, J.) SUNDARSINGH GOND V- STATE OF ORISSA CRLA NO.492 OF 2012(Dt ) CRIMINAL TRIAL Murder of two kids None has seen the appellant with the deceased kids prior to their missing Confessional statement of the appellant before police was not strong enough to fasten guilt on him Prosecution has failed to examine the priest of the deity where the appellant in order to satisfy the Goddess had committed murder of the kids Neither the weapon of offence nor the wearing apparels of the accused-recovered on the basis of the disclosure statement of the accused contain any blood, which castes serious doubt on the prosecution case The entire case having based on circumstantial evidence and the chain having not been completed, the benefit of doubt ought to be extended to the appellant Held, the impugned judgment of conviction and sentence are set aside. SHAJI THOMAS V-STATE OF ODISHA BLAPL NO OF 2014(Dt ) NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCE ACT, S. 37 (1) (b) (Vinod Prasad, J & Pramath Patnaik, J.) Bail Limitations to grant Offence U/s. 20 (b) (ii) (c) of the Act Seizure of 20 kgs of Ganja Less than the Commercial quality as defined U/s. 2 (viia) of the Act Limitation as provided U/s. 37 (1) of the Act for grant of bail has no application to this case Ganja seized from the dickey of the vehicle driven by the owner-cum-driver who fled away Petitioners were allegedly there in that vehicle Investigation has progressed substantially No material to show that the petitioners are likely to abscond or tamper with the prosecution evidence Held, Section 20 (b) (ii) (c) having no application to the present case the petitioners deserve to be released on bail. (S. Pujahari, J.)

21 Court 17 KATORAMSING BANARA -V- STATE OF ODISHA JCRLA NO.76 OF 2010 (Dt ) PENAL CODE, S. 302 Conviction U/s. 302 I.P.C. with sentence of imprisonment of life No credible evidence to convict the appellant for the charge of murder but he has already suffered 14 years of incarceration Court cannot compensate those 14 years which the appellant served in the jail Held, while setting aside the impugned conviction and sentence this Court observed that hence forth, the trial judges will take into consideration the entire facts and circumstances in all its pros and cons and then will come to a conclusion. (Vinod Prasad, J & Pramath Patnaik, J.) BIPIN BIHARI PANDA & ANR. -V-STATE OF ODISHA & ANR. W.P. (CRL) NO. 134 OF 2012(Dt ) ODISHA SPECIAL COURTS ACT, S. 13 (1) Application for confiscation It is to be filed before the Authorized officer by the public prosecutor being duly authorized by the State Government in that behalf, whether or not the Special Court has taken cognizance of the offence Section 13 (1) no where requires that the public prosecutor himself should be the applicant He is only to make an application on behalf of the State Government for confiscation of property to the State Government and state can only be the applicant before the Authorized officer and not the public prosecutor Held, the application for confiscation having been filed by the Public Prosecutor before the Authorized Officer in accordance with law, the contention raised by the counsel for the petitioners in this regard merits no consideration. (Pradip Mohanty, J & Biswajit Mohanty, J.) CHITTARANJAN CHOUDHURY -V-STATE OF ODISHA AND ANR W.P. (CRL). No.122 OF 2013(Dt ) ODISHA SPECIAL COURTS ACT, 2006 S. 5 (1) High Public Office, defined under Rule 2 (e) of Odisha Special Courts Rules 2007 Whether a person in order to attract Section 5 (1) of the Act is required to hold High public Office entire check period Held, in order to attract Section 5(1) it is not required that the person must have held High public Office through out the entire check period It would be sufficient to attract the provisions of Section 5 (1) if the person has committed the offence and has also held High public Office Impugned notification U/s 5(1) of the Act is legal and valid. (Pradip Mohanty,J. & Biswajit Mohanty, J.)

22 18 Court MAJOR EVENTS 1. Inauguration of Arbitration Center of the High Court of Orissa. Arbitration Center of the High Court of Orissa was inaugurated on by Hon ble Shri Justice Dipak Misra, Judge, Supreme Court of India in presence of Hon ble the Chief Justice and Hon ble Judges of the High Court of Orissa. On the said occasion, Advocate General of the State, Members of the High Court Bar Association, Senior Advocates, Officers and Staff of the Court are also graced the function. (Photo Page - ii) 2. Inauguration of New Civil Court Building at Khallikote (Dist. Ganjam) The New Civil Court Building at Khallikote in the Judgeship of Ganjam was inaugurated by Hon ble Shri Justice Amitava Roy, Chief Justice, Orissa High Court on in presence of Hon ble Kumari Justice Sanju Panda and Hon ble Shri Justice S.Pujahari, Judges of Orissa High Court. (Photo Page - v) 3. Inauguration of Legal Aid Clinic under Project for Access to Justice for Marginalized People and Socially Relevant Legal Education In collaboration with District Legal Services Authority, Khorda and National Law University, Odisha, Cuttack, Legal Aid Clinic under the project Access to Justice for Marginalized People and Socially Relevant Legal Education was inaugurated at Jankia, Khorda on by Hon ble Shri Justice Dipak Misra, Judge, Supreme Court of India & Visitor, National Law University, Odisha, Cuttack in presence of Hon ble Shri Justice Amitava Roy, Chief Justice, Orissa High Court & Chancellor, NLUO, Cuttack, Hon ble Shri Justice P.K.Mohanty, Judge, Orissa High Court and Executive Chairman, Odisha State Legal Services Authority, Hon ble Shri Justice Indrajit Mahanty, Judge, Orissa High Court & Chairman, High Court Legal Services Committee and Prof (Dr.) Srikrishna Deva Rao, Vice-Chancellor,NLUO, Cuttack. Hon ble Judges of Orissa High Court and high dignitaries graced the said occasion. (Photo Page - iv) 4. Laying of Foundation Stone of the New District Court Building at Jeypore and Nabarangpur Inauguration of Gram Nyayalaya at Raigarh. Laying of Foundation Stone of the New District Court Building at Jeypore (Koraput) and Nabarangpur was held on Hon ble Shri Justice Satrughana Pujahari, Judge, Orissa High Court laid the foundation stone on the occasion in presence of Judicial Officers, Bar Members and other Govt. Officers of Koraput and Nabarangpur Judgeship. Also Gram Nyayalaya at Raigarh (Dist. Nabarangpur) was inaugurated by Hon ble Shri Justice Satrughana Pujahari, Judge, Orissa High Court on (Photo Page - v)

23 Court 19 e-courts Project in Odisha In our State a Steering Committee under the chairmanship of Hon ble Shri Justice I. Mahanty, Hon ble Shri Justice S.C. Parija and Hon ble Shri Justice S.K. Mishra as members thereof, is monitoring the implementation of the e-courts project with the assistance of the Central Project Coordinator, Shri T.P. Rath. The scope of e-courts project is to develop, deliver, install and implement automated decision making and decision support system in the district and subordinate courts of the state with the help of e-committee Supreme Court of India. The objectives of the project are : To help Judicial administrations of the Courts in streamlining their day-to-day activities To assist judicial administration in reducing the pendency of cases. To provide transparency of information to the litigants. To provide access to legal and judicial databases to the Judges. To provide Citizen Centric Services to the lawyers and litigants. The State Judiciary, configured to 115 Court Complexes, consists of 423 Courts situated in different parts of the State. The following progress have been achieved in the State under e-courts Project : 1. Site preparation of 115 Court Complexes is completed. 2. Delivery and installation of hardware have been progressively made. 3. About 476 Judicial Officers are provided with Laptops and Printers new Laptops has been provided to newly recruited Judicial Officers Diesel Generator sets in 1 st phase are already provided while delivery and installation of 48 Diesel Generator sets in 2 nd phase are under progress DG sets are ordered to be delivered in 3 rd phase. 7. To look after the e-courts work at Orissa High Court 1 Sr. System Officer, 1 System Officer and 2 System Assistants have been deployed System Officers and 23 System Assistants have been deployed at District level to provide the technical support. 9. Successful Data Entry of Backlog cases are going on at 113 Court Complexes. 10. CIS (Case Information System) software has been rolled out in 115 Court Complexes. 11. Citizen Centric Services have been provided in 27 District Court Complexes. 12. Websites have been have been operational under e-courts in 27 District Courts. PRESENT STATUS OF IMPLEMENTATION OF E-COURTS PROJECT No. of Court Complexes DG Set Delivered DG Set Ordered Site/Lan Survey completed Lan Material Delivered Lan Material Installed Hardware (PC) Delivered Hardware (PC) Installed Software Rollout Data Entry started in Court Complexes

24 20 Court Hon ble Chief Justice & Hon ble Judges of Orissa High Court participating Programmes/ Courses at the N.J.A., Bhopal and other places Sl. No. Names of the Hon ble Judges Period Topics 1. Hon ble Shri Justice Amitava Roy, Chief Justice 2. Hon ble Shri Justice Raghubir Dash Attended a meeting of the Hon ble Chief Justices / Acting Chief Justice of the High Court at Delhi Inspection of the Court of Addl. District & Sessions Judge-cum-Special Jude (Vig.) and Chief Judicial Magistrate, Kalahandi at Bhawanipatna. 3. Hon ble Dr. Justice A.K.Rath & Participated in the National Conference of High Court Judges on International Law and Environmental Law at National Judicial Academy, Bhopal. ACTIVITIES OF HIGH COURT LEGAL SERVICES COMMITTEE The 2 nd National Lok Adalat was held on in which Hon ble Shri. Justice Pradip Mohanty, Hon ble Shri Justice Vinod Prasad, Hon ble Shri Justice I Mahanty, Hon ble Kumari Justice Sanju Panda, Hon ble Shri Justice B.P. Ray, Hon ble Shri Justice S.C. Parija, Hon ble Shri Justice B.K. Nayak, Hon ble Shri Justice S.K. Mishra, Hon ble Dr. Justice A.K. Rath, Hon ble Dr. Justice B.R. Sarangi, Hon ble Shri Justice S. Pujahari, Hon ble Shri Justice S.K. Sahoo, Hon ble Shri Justice Biswanath Rath & Hon ble Shri Justice Pramath Pattnaik Judges of Hon ble Court presided over the different Benches of Lok Adalat. In the above Lok Adalat 428 cases were disposed of which includes Motor Accident claim Appeals, Land Acquisition Appeals, F.A. / R.F.A., Other Cases (O.J.C. / W.P.(c)) Arrear Salary matters, Criminal Matters, Bank Matters. The General Insurance Companies agreed to pay Rs. 6,72,14,848/-(Rupees Six Crore Seventy Two Lakhs Fourteen Thousand Eight Hundred Forty Eight) only as compensation. 0

25 Court 21 1 Lok Adalats : At State Level (i) ACTIVITIES OF ODISHA STATE LEGAL SERVICES AUTHORITY During the above quarter(except the month of December,2014), 02 State Level Lok Adalats were held one each at Berhampur on and another at Bhubaneswar on respectively in which total 284 no. of Motor Accident Claim Cases and 55 matrimonial cases have been settled/ disposed of on conciliation. A sum of Rs.3,76,93,500/- has been awarded as Compensation in the above MAC cases. (ii) At-District & Taluk Levels Similarly, the field units i.e. 30 District Legal Services Authorities and 74 Taluk Legal Services Committees have organized 84 no. of District and Taluk Level Lok Adalats in the State of Odisha. In the above District and Taluk Level Lok Adalats, total 11,051 no.of cases were disposed of, which comprises 34-Civil, 3408-Compoundable Criminal Cases, 7220-Revenue, 07-Matrimonial,193 -Bank, 187-BSNL and 02-MACT cases. A sum of Rs.7,47,027/- towards criminal fine and Rs.23,07,805/- as revenue were collected in the said Lok Adalats. Further, a sum of Rs.6,20,000/- was awarded as compensation in the above Motor Accident Claim Cases. As per the instruction of National Legal Services Authority, 2 nd National Lok Adalat was organized throughout the State i.e. on 6 th December, Apart from the High Court Legal Services Committee, 30 District Legal Services Authorities, 73 Taluk Legal Services Committees and some other Forums both at State and District Levels participated in the said Lok Adalat. 4,71,800 no.of cases in toto were disposed of, in the said Lok Adalat, which includes Civil-3797, Criminal-1,94,028, N.I.Act Cases-12,576, Revenue- 2,15,257, Permanet Lok Adalat(PUS) cases-513, Mining cases-10, Forest Cases-2189, Labour-667, Land Acquisition cases-393, Execution Applications-622, Traffic Challan Cases-2283, Misc Appeals-73, Excise Cases-23610, Matrimonial-1492, Consumer matters-130, MAC cases-3109, Industrial disputes-05, Sales Tax Cases-16, DRT Cases-60, Services matters-51, High Court cases-428 (Motor Accident Claim Appeals- 307, Land Acquisition/RFA/FA-21, Bank matters (SARFAESI)-05, Crl.matter (N.I.Act)-04 & Other Cases(OJC/ WP.(c)-91), Pre-litigations disputes(bank cases-9762 and Other Cases-729. Compensation to the tune of Rs.71,61,47,700/- was awarded in the MACT/MACAs cases. Similarly, a sum of Rs.1,48,19,581/- towards fine in Criminal Cases and Rs.5,29,57,328/- towards revenue fine and other dues in revenue matters were realized in the said Lok Adalat. 2 Permanent Lok Adalats(for Public Utility Services) : (U/s.22-B of the Legal Services Authorities Act) During the above quarter, 895 number of new cases relating to Public Utility Services were registered in the Thirteen Permanent Lok Adalats, out of which, 661no. of cases were settled. 3. Generating awareness and spreading Legal Literacy : (i) At State Level : The Odisha State Legal Services Authority in association with District Legal Services Authority, Cuttack observed World Mental Health Day at the Mental Health Institute of S.C.B.Medical College and Hospital, Cuttack on by organizing a meeting involving the local Judicial Officers, Head of the

26 22 Court Psychiatric Department and other doctors and staff of the Hospital. Sri S.Mishra, Member-Secretary, Odisha State Legal Services Authority and Sri G.R.Purohit, District Judge-cum-Chairman, District Legal Services Authority, Cuttack interacted with the patients and the doctors of the Psychiatric Ward and distributed fruits and sweets to the patients of the indoor as well as the outdoor wards. This Authority had opened a temporary stall at the famous Baliyatra Ground from to and displayed different activities of this Authority with a view to create awareness amongst the general public. Hundreds of visitors interacted with the Para Legal Volunteers, Retainers who were engaged in the stall. A temporary Mediation Centre was also established where live mediation between the parties was undertaken. Hon ble Patron-in-Chief & Hon ble the Executive Chairman of this Authority were pleased to visit to the stall and patiently interacted with the Para Legal Volunteers, Retainers, Mediators and some litigants(visitors to the stall) Similarly, the District Legal Services Authority, Bargarh also opened a stall celebration of Dhanuyatra Mahotsava at Bargarh from to and displayed different activities of this Authority, for creating awareness amongst the general. Thousands of people visited the said stall. They interacted with the Para Legal Volunteers, Retainers who were engaged in the stall. The Mobile Lok Adalat Vehicle was also deployed above period and short film namely Maru Mallhar & play namely Nyayameva Jayate were displayed to the public attended on the above occasion A temporary Mediation Centre was also established, where mediation of some disputes were undertaken. (ii) At District & Taluk Levels During the quarter, 321 no. of Legal Literacy/Awareness Programmes were organized by the field units on Protection of rights of mentally challenged persons, Awareness Camps for Women and Senior Citizens, Awareness programme on the occasion of observance of National Legal Literacy Day on 9 th November, 2014, Children s Day on 14 th November, 2014 and Law Day on 26 th November, 2014 and also organized other programmes as per the Calendar of Activities of this Authority. Total 38,879 no. of persons were benefited by attending those Legal Literacy/Awareness Camps. 4. Activities of ADR/Mediation Centre During the quarter, 1342 no.of cases were referred by the different Courts to the Mediation Centres and 713 no. of cases were disposed of, out of which, 120 cases were disposed of on successful mediation. 0

27 Court 23 ACTIVITIES OF ODISHA JUDICIAL ACADEMY Sl. No. Date of Programme to & Name of the Programme Training Programme for Public Prosecutors H.C. Rules, C.F. Act, Suit Valuation Act & Stamp Act No. of Participants No. of Participants attended (Rank Wise) participants APP = Supdt. =13, ASR & OC = & & Trafficking Sexual Offences SDJM=17 JMFC=07 Domestic Violence Act JMFC= to Training Programme for Public Prosecutors APP= & & to Family Disputes FCJ=12, Sr.C.J.=10 Large Scale Litigation : MACT Cases Training Programme for Public Prosecutors DJ=05, Member, STAT=01, MACT=01 ADJ= APP/ Asso.Lawyer= & Criminal Adjudication : Laws under Prevention of Corruption Act & Special Acts Spl. Judge (Vig.) =11, Auth. Officer =03, Spl. Judge (CBI)= 01 & Spl. Judge= to Training Programme for Public Prosecutors APP= & Management and Administrative Skill for Judges ADJ=10, CJM= to Training programme for Public Prosecutors APP/ Asso.Lawyer=26

28 24 Court Sl. No. Date of Programme to to & & Name of the Programme Training Programme for Asst. Section Officers of Orissa High Court Training Programme for Public Prosecutors Judicial Conduct & Ethics Court Development Plan with Administration Skills No. of Participants No. of Participants attended (Rank Wise) participants A.S.O. = 92 APP=22 DJ=02, FCJ=01, CJM=02, Regr.=09 Gram Nyayadhikari=11 32 Court Manager=17 17 INFRASTRUCTURAL DEVELOPMENT FOR THE HIGH COURT OF ORISSA AND THE SUBORDINATE JUDICIARY DURING THE FINANCIAL The State Government have provided funds amounting to Rs Lakh under State Plan financial year for development of infrastructure for Subordinate Courts, District Courts, High Court Buildings and their residential buildings. The budgetary provision includes funds amounting to Rs Lakh under Centrally Sponsored Scheme with Central Share amounting to Rs Lakh and State Share of Rs Lakh at the ratio of 75:25. The major projects included in the Annual Budget Estimate are completion of District Court Buildings in the newly created Judgeships viz. Angul, Bhadrak, Nuapara, Jharsuguda, Nayagarh, Deogarh, Bhawanipatna, Sonepur, Boudh, Jajpur, Malkangiri, Nowrangpur, Jeypore and Rayagada and other court buildings at Chandikhol, Balasore, Khallikote, Pallahara, Kantamal, Balliguda and Karanjia, for construction of new Court Buildings at Jaleswar, Talcher, Pipili, Titilagarh, Soro and Anandapur and construction of quarters for Judicial officers of Subordinate Judiciary and for the Staff of the High Court and the Subordinate Judiciary as well. Funds have also been allocated for construction of a Judicial Court Complex at Bhubaneswar.

29 Court 25 STATEMENT SHOWING INSTITUTION, DISPOSAL & PENDENCY OF CIVIL & CRIMINAL CASES IN THE SUBORDINATE JUDICIARY OF THE STATE From to Sl. No. Name of the Judgeship Opening Balance as on CIVIL SUITS CIVIL APPEALS Opening Balance as on Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL

30 26 Court Sl. No. Name of the Judgeship Opening Balance as on CIVIL MISC. APPEALS CIVIL REVISIONS Opening Balance as on Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL

31 Court 27 Sl. No. Name of the Judgeship Opening Balance as on EXECUTION PROCEEDINGS M.J.C.s / SPECIAL ACT CASES Opening Balance as on Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL

32 28 Court M.A.C.T. CASES SESSIONS CASES Opening Balance as on Opening Balance as on Name of the Judgeship Sl. No. 1 Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL (A) * * Excluding 338 Sess. cases transferred to Spl. Act as O.B.

33 Court 29 Sl. No. Name of the Judgeship Opening Balance as on CRIMINAL APPEALS CRIMINAL REVISIONS Opening Balance as on Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL

34 30 Court CRIMINAL MISC. CASES SPECIAL ACT CASES Opening Balance as on Opening Balance as on Name of the Judgeship Sl. No. 1 Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh (B&C) * TOTAL * Including 338 cases received from Sessions O.B. & 55 cases transferred to Juvnl. O.B.

35 Court 31 JUVENILE CASES PREVENTION OF CORRUPTION ACT (Vig. + C.B.I.) Opening Balance as on Opening Balance as on Name of the Judgeship Sl. No. 1 Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh * TOTAL * 55 cases Received from Spl. Act & 4216 cases received from Criminal O.B.

36 32 Court CRIMINAL CASES OF MAGISTERIAL COURTS Opening Balance as on Name of the Judgeship Sl. No. Gen. File Trial File Total Gen. File Trial File Total Gen. File Trial File Total 1 Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh (D) * TOTAL * Excluding 4216 cases transferred to Juvenile O.B.

37 Court 33 INSTITUTION, DISPOSAL & PENDENCY OF CASES IN THE FAMILY COURTS OF THE STATE FROM TO Sl. No. Name of the Family Courts Opening Balance as on Transfer to Other Courts 1 Balasore Balangir Cuttack Kendrapara Jajpur Dhenkanal Berhampur Bhawanipatna Keonjhar Khurda Bhubaneswar Jeypore Baripada Phulbani Puri Sambalpur Rourkela TOTAL TOTAL NO. OF CIVIL AND CRIMINAL CASES IN THE SUB-ORDINATE JUDICIARY OF THE STATE DURING THE PERIOD FROM TO Opening Bal. Pending CIVIL CRIMINAL GRAND TOTAL Note : (A) Opening Balance of Sessions cases in the Judgeships of Rayagada, Boudh, Sambalpur and Bargarh differs as 91, 39, 155 & 53 (in total 338) nos. of Special Act Cases of the said Judgeships during this quarter. (B) Opening Balance of Special Act cases of Malkangiri and Nayagarh judgeships differs as 2 and 53 (in total 55) nos. of Juvenile cases were taken away and shown separately in Juvenile Act cases. (C) Opening Balance of Special Act cases in the Judgeships of Rayagada, Boudh, Sambalpur & Bargarh differs as the 91, 39, 155 & 53 (in total 338) nos. of Special Act cases were received on transfer from Sessions Cases. (D) Opening Balance of Criminal cases in most of the Magisterial Courts (except in the Judgeship of Malkangiri and Nayagarh) differs as 4216 nos. of Juvenile cases were included with the Criminal cases earlier and are taken and shown separately under Juvenile cases.

38 34 Court ANNUAL STATEMENT SHOWING INSTITUTION, DISPOSAL & PENDENCY OF CIVIL & CRIMINAL CASES IN THE SUBORDINATE JUDICIARY OF THE STATE From to Sl. No. Name of the Judgeship Opening Balance as on CIVIL SUITS CIVIL APPEALS Transferred Received Opening Balance as on Transferred Received 1 Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL

39 Court 35 Sl. No. Name of the Judgeship Opening Balance as on Transferred Received Opening Balance as on Transferred Received 1 Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL CIVIL MISC. APPEALS CIVIL REVISIONS

40 36 Court Sl. No. Name of the Judgeship Opening Balance as on EXECUTION PROCEEDINGS M.J.C.s / SPECIAL ACT CASES Transferred Received Opening Balance as on Transferred Received 1 Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL

41 Court 37 Sl. No. Name of the Judgeship Opening Balance as on M.A.C.T. CASES SESSIONS CASES Transferred Received Opening Balance as on Transferred Received 1 Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL

42 38 Court Sl. No. Name of the Judgeship Opening Balance as on CRIMINAL APPEALS CRIMINAL REVISIONS Transferred Received Opening Balance as on Transferred Received 1 Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL

43 Court 39 Sl. No. Name of the Judgeship Opening Balance as on CRIMINAL MISC. CASES SPECIAL ACT CASES Transferred Received Opening Balance as on Transferred Received 1 Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL

44 40 Court Sl. No. Name of the Judgeship Opening Balance as on Transferred Received Opening Balance as on Transferred Received 1 Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL PREVENTION OF CORRUPTION ACT (Vig. + C.B.I.) CRIMINAL CASES OF MAGESTERIAL COURTS

45 Court 41 Sl. No. Name of the Judgeship JUVENILE CASES (Included in the quarterly Court news w.e.f ) Opening Balance as on Transferred Received 1 Balasore Bhadrak Balangir Sonepur Cuttack Jagatsinghpur Kendrapara Jajpur Dhenkanal Angul Ganjam Gajapati Kalahandi Nuapada Keonjhar Khurda Koraput Malkanagiri Nawarangpur Raygada Mayurbhanj Phulbani Boudh Puri Nayagarh Sambalpur Deogarh Bargarh Jharsuguda Sundargarh TOTAL TOTAL NO. OF CIVIL AND CRIMINAL CASES IN THE SUB-ORDINATE JUDICIARY OF THE STATE DURING THE PERIOD FROM TO Case Type Opening Balance as on during the yr. Transferred Received year CIVIL CRIMINAL GRAND TOTAL * * 4271 Nos. of cases taken away as Juvenile O.B. in Criminal side.

46 Inauguration of Legal Aid Clinic on under Project for Access to Justice for Marginalized People and Socially Relevant Legal Education at Jankia, Khurda by Hon ble Shri Justice Dipak Misra, Judge Supreme Court of India in presence of Hon ble Shri Justice Amitava Roy, Chief Justice, Orissa High Court, Hon ble Shri Justice P. K. Mohanty, Judge Orissa High Court and Hon ble Judges of the Court (iv)

47 Inauguration of New Court Building at Khallikote on by Hon ble Shri Justice Amitava Roy, Chief Justice Orissa High Court in presence of Hon ble Kumari Justice Sanju Panda and Hon ble Shri Justice S.Pujahari, Judges of Orissa High Court. Laying of Foundation Stone of the New District Court Building at Jeypore on by Hon ble Shri Justice S.Pujahari, Judge, Orissa High Court. (v)

48