Observance of 65th Foundation Day of Orissa High Court on 26.07.2012 by offering floral tributes to the Statue of Justice Bira Kishore Ray, the First Chief Justice of Orissa High Court Celebration of Independence Day in Orissa High Court Premises on 15.08.2012 Editorial Board Hon ble Shri Justice L.Mohapatra Hon ble Shri Justice I.Mahanty Hon ble Shri Justice B.K. Patel
Inauguration of District & Sessions Court at Angul on 31.07.2012 by Hon ble Shri Justice V. Gopala Gowda, Chief Justice, Orissa High Court in presence of Hon ble Shri Justice B.P. Das, Hon ble Shri Justice B.K. Misra, Judges of Orissa High Court. Inauguration of District & Sessions Court at Rayagada on 07.07.2012 by Hon ble Justice B.N. Mahapatra, Judge, Orissa High Court in presence of Hon ble Shri Justice B.K. Misra, Judge, Orissa High Court & Bar Members Inauguration of Chief Justice Residence at Cantonment Road, Cuttack on 05.08.2012 by Hon ble Shri Justice V. Gopala Gowda, Chief Justice, Orissa High Court.
CHIEF JUSTICE RESIDENCE CANTONMENT ROAD, CUTTACK - 753 001 Phone : (0671) 2507808 (Off.) 2301703 (Res) 2301505 (Res) Fax : (0671) 2301703 (Res) (0671) 2508446 (Off.) November 2, 2012 MESSAGE I am very happy to release the present issue of the Court containing valuable information with regard to the State Judiciary during the quarter July-September, 2012. This issue gives an interesting insight into the steps taken and achievements made during the quarter in question with regard to dispensation of justice. The expansion programme of the subordinate judiciary made steady progress during this period. New Judgeships and Sessions Courts at Angul, Rayagada and Nuapada were inaugurated during this quarters which will definitely cater to the need of the litigant public. The Court of Civil Judge Senior Division at Umerkote and the new Court building at Pattamundai were inaugurated during this period. The various measures taken to further the legal service activities have been briefly indicated in this issue for the information of all those concerned to achieve the constitutional goal of equal justice. The 65 th Foundation Day of the High Court was observed during this quarter on 26 th of July. I am sure, this issue will be very much useful to the readers. (V. GOPALA GOWDA)
CONTENTS 01. Names of Hon ble the Chief Justice... 2 and Hon ble Judges of Orissa High Court. 02. Address by Hon ble the Chief Justice of Orissa in the Full Court Reference... 3 held on 14.9.2012 at 11.15 a.m. on the sad demise of Shri Justice Ranganath Misra, Former Chief Justice of India. 03 Sanctioned Strength & Vacancies in Orissa High Court.... 5 04. Institution, Disposal and Pendency of Cases in the High Court... 5 from 01.07.2012 to 30.09.2012 05. Sanctioned Strength & Vacancies in District & Subordinate Courts... 5 06. Institution, Disposal and Pendency of Cases in... 6 District & Subordinate Courts from 01.07.2012 to 30.09.2012 07. Outlines of some recent Orissa High Court Judgments... 14 08. Major Events... 37 09 Activities of High Court Legal Services Committee... 38 10. E-court project in Odisha... 39 11. Development of Infrastructure for the Orissa High Court &... 40 Subordinate Judiciary 12. Activities of Orissa State Legal Services Authority... 41 13. Programmes attended by Hon ble the Chief Justice &... 43 Hon ble Judges of Orissa High Court at the NJA, Bhopal & other places. 14. Activities of Orissa Judicial Academy... 44
2 Court HON BLE JUDGES OF THE ORISSA HIGH COURT HON BLE THE CHIEF JUSTICE Hon ble Shri Justice V. GOPALA GOWDA, B.Sc.,LL.B. HON BLE JUDGES Hon ble Shri Justice Bimala Prasad Das, M.A., LL.B. Hon ble Shri Justice Laxmikanta Mohapatra, B.Sc., LL.B. Hon ble Shri Justice Pradip Kumar Mohanty, LL.B. Hon ble Shri Justice Madan Mohan Das, M.A., 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 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.A., LL.B. Hon ble Shri Justice Chitta Ranjan Dash, LL.M. Hon ble Shri Justice Bira Kishore Misra, LL.B.
Court 3 ADDRESS BY HON BLE THE CHIEF JUSTICE OF ORISSA IN THE FULL COURT REFERENCE HELD ON 14.9.2012 AT 11.15 A.M. ON THE SAD DEMISE OF JUSTICE RANGANATH MISRA, FORMER CHIEF JUSTICE OF INDIA. Mr. Amiya Kumar Mohanty, learned Vice-President, Orissa High Court Bar Association, Mr. Asok Mohanty, learned Advocate General Mr Gopal Krushna Mohanty, learned Chairman, Orissa State Bar Council, Learned Members of the Bar, Members of the Registry, In the words of Robert Bolt- Even at our birth, death does but stand aside a little. And every day he looks towards us and muses somewhat to himself whether that day or the next day he will draw nigh. With heavy heart and deep sorrow, I would like to mention that Justice Ranganath Mishra, who over the decades had attained the status of a preeminent jurist and illuminated the legal circle for more than half a century, is no more. The cruel hands of death has snatched him away from our midst last night leaving all of us to grieve. His life journey right from his childhood was very much remarkable. Born on 26.11.1926 to late Pandit Godavarish Mishra, an illustrious son of the State, one of the Panchasakhas, an educationist as well as a poet, late Justice Ranganath Mishra imbibed and inherited all the good qualities of his father. Right from his school days he possessed a brilliant academic career. With colourful 1 st Class distinction both in his Masters Degree in law and in Arts from Allahabad University, he was awarded the Gold Medals in LL.B. and LL.M. A brilliant student as he was, he could have easily succeeded in getting the Administrative Service or for that matter any other lucrative service, but his independent bent of mind guided him to opt for the legal profession which he joined in the year 1950 and within a short span of time he rose to eminence. He possessed not only the highest confidence of the Bench and Bar but also of the litigant public. In recognition of his merit, he was elevated to the Bench of this Court on the 4 th of July, 1969 at the age of only 42 and became the Chief Justice of the State from 6.11.1980. I am told that he possessed all the four qualities of a Judge, to wit, hear courteously, answer wisely, consider soberly and decide impartially. His saintly qualities and brilliance endeared him to one and all as a Judge of outstanding merit with deep sense of impartiality. While holding the office of Chief Justice of the State, he acted as the Governor of the State from 25 th June, 1982 till 31 st August, 1982. On 15.3.1983 he was elevated to the Supreme Court of India and became the Chief Justice of India on 25.9.1990 and held the highest Judicial Office in the country till 24.11.1991. After demitting highest Judicial Office of the Country, he adorned the office of Chairman, National Human Rights Commission for full term and played significant role in protecting human rights. All of us know - it is now a matter of history - what a great contribution Late Justice Ranganath Mishra has made to the field of dispensation of justice. Law journals and reports bear the testimony of his juristic talent and legal acumen. He will be remembered for the great contribution he made to different branches of the law. He will also be remembered always by the Bar in India for his extraordinary perspicacity, piercing intellect, scintillating brilliance and above all by his overwhelming humanity. He used to study the cases at home with utmost diligence and care with a view to dispose of cases with supersonic speed with utmost diligence and care. The judgment of M.C.Mehta case delivered by late Justice Misra gave a new dimension to the tort law in India. Late Justice Misra as a Judge of the Supreme Court presided over a Commission of Inquiry on the genocide of Sikhs in 1984 and went on heavily commenting on the passivity, callousness and indifference of Delhi Police in controlling the situation after
4 Court the assassination of late Prime Minister Indira Gandhi. As the Chief Justice of India, he directed the State Government as well as the Central Government to include Environment at all levels of education. It is very positive and most important outcome of a PIL. Justice Misra was an illustrious personality who had delivered number of land mark judgments by which a great transformation has been effected in the public consciousness regarding the economically weaker sections of the society and their rights. Besides he was one of the green minded Judges who was always in favour of environmental protection. Late Justice Misra was appointed a Commission constituted for identifying criteria for socially and economically backward classes among the religious and linguistics minorities, and to suggest various welfare measures for minorities including reservation. Man is born to die. But nobody knows when one s bell will toll. After all the end has to come. Every one of us has to meet the end. Death is the inevitable phase of life. I am told that late Justice Misra was calm, cool, dignified and was embodiment of courtesy. The most striking feature about late Justice Misra is said to be his temperament. Justice Misra has passed away with full of honours and achievements. In his death we have lost a great human being, statesman, jurist, an excellent Judge, an able administrator and above all the guardian of the Indian judiciary. Nothing will describe him better than the beautiful words of Shakespeare, when he says, I quote. What a piece of work is a man! How noble in reason! How infinite in faculty! In form, in moving, how express and admirable! In action how like an angel. I unquote. I am told that last part of the life of Justice Misra was very pathetic. Both his sons passed away prematurely and Justice Misra is survived by his wife, daughters in law, grandson and granddaughters. I on behalf of my brother and sister Judges of this Court and on my own behalf express our heartfelt condolence on the sad demise of late Justice Ranganath Misra and join with all of you in paying rich tribute to late Justice Misra. May the departed soul rest in peace. Let nature give enough strength to the Members of the bereaved family to bear the loss. Sri Amiya Kumar Mohanty, learned Vice-President, Orissa High Court Bar Association on behalf of the High Court Bar and Shri Asok Mohanty, learned Advocate General on behalf of the State Government and on his behalf remembering the good qualities of late Justice Ranganath Misra expressed deep sorrow on his sad demise. While expressing heartfelt condolence, they paid rich tribute to late Justice Misra and prayed to God to rest his soul in peace and to give strength to the members of the bereaved family to bear the loss. As a mark of respect to the departed soul, let us observe two minutes silence by Standing. The work of the High Court, its office and Sub-ordinate courts of the State will remain suspended for the rest of the day. Let copy of the condolence be forwarded to the members of the bereaved family. 0
SANCTIONED STRENGTH & VACANCIES IN HIGH COURT (As on 30.09.2012) Sanctioned Strength Working Strength Vacancies 17 + 5 * = 22 14 3 + 5* = 8 INSTITUTION, DISPOSAL AND PENDENCY OF CASES IN THE HIGH COURT (From 1.7.2012 to 30.9.2012) Pendency as on 1.7.2012 Institution during the period MAIN CASES Total disposal during the period * Addl. Judges Pendency as on 30.9.2012 Civil Criminal Civil Criminal Civil Criminal Civil Criminal 143139 31315 9302 10755 5963 11023 146478 31047 174454 20057 16986 177525 Pendency as on 1.7.2012 Institution during the period MISC. CASES Total disposal during the period Pendency as on 30.9.2012 Civil Criminal Civil Criminal Civil Criminal Civil Criminal 140528 705 8198 2139 5428 1428 143298 1416 141233 10337 6856 144714 TOTAL NO. OF CIVIL & CRIMINAL CASES DURING THE PERIOD (From 1.7.2012 to 30.9.2012) Court 5 * Civil Criminal Opening Balance Institution Disposed of 283667 17500 11391 289776 32020 12894 12451 32463 315687 30394 23842 SANCTIONED STRENGTH & VACANCIES IN DISTRICT AND SUBORDINATE COURTS DISTRICT & SUBORDINATE COURTS (As on 30.9.2012) (Regular Establishment) Sl. No. Name of the Cadres Cadre Strength Present Strength Pending 322239 Vacancies 1. District Judge 115 95 20 2. Sr. Civil Judge 181 159 22 3. Civil Judge 271 242 29 4. Fast Track Courts 35 32 03 5. Special Judicial Magistrates 18 11 07 6. Gram Nyayalayas 08 08 -- Total 628 547 81
6 Court STATEMENT SHOWING INSTITUTION, DISPOSAL & PENDENCY OF CIVIL & CRIMINAL CASES IN THE SUBORDINATE JUDICIARY OF THE STATE From 01.07.2012 to 30.9.2012 Sl. No. Name of the Judgeship Opening Balance as on 01.07.2012 Institution during the Quarter CIVIL SUITS CIVIL APPEALS Disposed of during the Quarter Pendency as on 30.9.2012 Opening Balance as on 01.07.2012 Institution during the Quarter Disposed of during the Quarter Pendency a 30.9.201 1 Balasore 12338 64 757 11645 1098 57 31 1124 2 Bhadrak 9009 439 266 9182 871 22 28 865 3 Balangir 2231 145 162 2214 387 19 27 379 4 Sonepur 948 100 55 993 198 6 6 198 5 Cuttack 13929 809 583 14155 1248 62 45 1265 6 Kendrapara 7860 298 163 7995 132 6 15 123 7 Jajpur 5821 373 200 5994 569 19 4 584 8 Dhenkanal 2986 254 199 3041 246 27 13 260 9 Angul 3192 258 123 3327 157 6 11 152 10 Ganjam 3934 359 324 3969 615 37 67 585 11 Gajapati 310 35 38 307 37 6 6 37 12 Kalahandi 1193 131 110 1214 273 13 27 259 13 Nuapada 398 49 55 392 4 4 0 8 14 Keonjhar 1606 150 107 1649 212 18 26 204 15 Khurda 17023 931 478 17476 734 22 22 734 16 Koraput 718 94 85 727 171 8 25 154 17 Nawarangpur 167 22 23 166 118 2 8 112 18 Raygada 249 68 66 251 80 9 7 82 19 Mayurbhanj 5288 298 225 5361 226 32 29 229 20 Phulbani 551 74 54 571 57 9 9 57 21 Puri 7017 390 306 7101 1012 38 44 1006 22 Nayagarh 1449 158 39 1568 105 8 10 103 23 Sambalpur 2305 153 143 2315 151 22 8 165 24 Bargarh 1811 171 116 1866 241 14 7 248 25 Jharsuguda 1167 65 55 1177 38 2 2 38 26 Sundargarh 2186 168 120 2234 379 11 23 367 TOTAL 105686 6056 4852 106890 9359 479 500 9338
Court 7 Sl. No. Name of the Judgeship Opening Balance as on 01.07.2012 CIVIL MISC. APPEALS CIVIL REVISIONS Institution during the Quarter Disposed of during the Quarter Pendency as on 30.9.2012 Opening Balance as on 01.07.2012 Institution during the Quarter Disposed of during the Quarter Pendency a 30.9.201 1 Balasore 737 29 24 742 17 2 19 2 Bhadrak 291 17 27 281 6 2 1 7 3 Balangir 75 6 7 74 26 2 2 26 4 Sonepur 23 1 0 24 6 0 0 6 5 Cuttack 528 63 69 522 12 1 1 12 6 Kendrapara 200 33 33 200 10 3 0 13 7 Jajpur 311 28 6 333 6 4 1 9 8 Dhenkanal 52 12 5 59 3 4 2 5 9 Angul 35 2 2 35 7 1 2 6 10 Ganjam 118 12 17 113 28 1 3 26 11 Gajapati 2 1 3 0 2 1 1 2 12 Kalahandi 42 0 10 32 3 0 1 2 13 Nuapada 1 0 0 1 0 0 0 0 14 Keonjhar 66 18 16 68 3 2 2 3 15 Khurda 561 63 53 571 33 4 4 33 16 Koraput 84 6 3 87 6 1 2 5 17 Nawarangpur 17 3 1 19 0 2 0 2 18 Raygada 14 1 0 15 4 0 0 4 19 Mayurbhanj 88 15 8 95 14 3 2 15 20 Phulbani 7 5 3 9 3 2 2 3 21 Puri 558 34 26 566 37 3 10 30 22 Nayagarh 53 3 11 45 5 1 2 4 23 Sambalpur 41 8 8 41 5 3 1 7 24 Bargarh 55 7 1 61 26 1 0 27 25 Jharsuguda 11 4 0 15 15 0 0 15 26 Sundargarh 138 16 7 147 8 1 1 8 TOTAL 4108 387 340 4155 285 44 40 289
8 Court EXECUTION PROCEEDINGS M.J.C.s / SPECIAL ACT CASES Sl. No. Name of the Judgeship Opening Balance as on 01.07.2012 Institution during the Quarter Disposed of during the Quarter Pendency as on 30.9.2012 Opening Balance as on 01.07.2012 Institution during the Quarter Disposed of during the Quarter Pendency a 30.9.201 1 Balasore 1024 55 10 1069 4949 474 306 5117 2 Bhadrak 787 29 4 812 4587 304 208 4683 3 Balangir 603 22 9 616 716 74 57 733 4 Sonepur 176 0 6 170 195 19 22 192 5 Cuttack 2590 146 41 2695 8533 801 595 8739 6 Kendrapara 355 3 3 355 4630 263 164 4729 7 Jajpur 390 9 8 391 2648 383 245 2786 8 Dhenkanal 1110 56 107 1059 1444 106 178 1372 9 Angul 670 2 3 669 1444 310 82 1672 10 Ganjam 1278 46 38 1286 2241 165 354 2052 11 Gajapati 81 2 7 76 131 28 24 135 12 Kalahandi 234 15 18 231 930 64 62 932 13 Nuapada 78 7 5 80 424 22 23 423 14 Keonjhar 800 97 8 889 487 71 65 493 15 Khurda 2407 90 12 2485 10333 736 643 10426 16 Koraput 380 14 17 377 312 22 38 296 17 Nawarangpur 75 3 24 54 91 6 15 82 18 Raygada 158 3 4 157 159 37 37 159 19 Mayurbhanj 749 57 21 785 736 89 59 766 20 Phulbani 177 15 12 180 162 43 40 165 21 Puri 606 14 18 602 3773 280 231 3822 22 Nayagarh 214 9 2 221 569 57 59 567 23 Sambalpur 684 15 21 678 775 87 101 761 24 Bargarh 589 14 7 596 284 41 36 289 25 Jharsuguda 247 23 0 270 708 15 15 708 26 Sundargarh 1124 135 21 1238 805 113 104 814 TOTAL 17586 881 426 18041 52066 4610 3763 52913
Court 9 M.A.C.T. CASES SESSIONS CASES Sl. No. Name of the Judgeship Opening Balance as on 01.07.2012 Institution during the Quarter Disposed of during the Quarter Pendency as on 30.9.2012 Opening Balance as on 01.07.2012 Institution during the Quarter Disposed of during the Quarter Pendency a 30.9.201 1 Balasore 1030 114 66 1078 628 80 89 619 2 Bhadrak 528 87 126 489 194 79 67 206 3 Balangir 497 43 55 485 582 52 39 595 4 Sonepur 49 2 3 48 150 13 20 143 5 Cuttack 9830 536 766 9600 1212 125 144 1193 6 Kendrapara 398 44 8 434 708 78 18 768 7 Jajpur 591 59 21 629 771 52 33 790 8 Dhenkanal 1097 83 182 998 191 106 78 219 9 Angul 472 83 74 481 697 85 62 720 10 Ganjam 3238 307 254 3291 2359 119 106 2372 11 Gajapati 64 8 0 72 116 16 12 120 12 Kalahandi 282 20 31 271 142 48 45 145 13 Nuapada 7 5 0 12 28 22 8 42 14 Keonjhar 948 82 28 1002 561 91 78 574 15 Khurda 3566 121 183 3504 1266 92 86 1272 16 Koraput 633 46 72 607 373 93 81 385 17 Nawarangpur 209 11 14 206 203 38 39 202 18 Raygada 102 20 8 114 161 36 20 177 19 Mayurbhanj 706 51 51 706 462 54 72 444 20 Phulbani 257 12 26 243 363 148 84 427 21 Puri 3911 115 116 3910 1273 56 90 1239 22 Nayagarh 269 29 14 284 528 30 23 535 23 Sambalpur 689 228 214 703 855 96 65 886 24 Bargarh 428 36 1 463 313 57 26 344 25 Jharsuguda 147 9 7 149 294 20 20 294 26 Sundargarh 2044 78 88 2034 650 146 81 715 TOTAL 31992 2229 2408 31813 15080 1832 1486 15426
10 Court CRIMINAL APPEALS CRIMINAL REVISIONS Sl. No. Name of the Judgeship Opening Balance as on 01.07.2012 Institution during the Quarter Disposed of during the Quarter Pendency as on 30.9.2012 Opening Balance as on 01.07.2012 Institution during the Quarter Disposed of during the Quarter Pendency a 30.9.201 1 Balasore 285 20 29 276 155 13 10 158 2 Bhadrak 375 20 11 384 143 17 9 151 3 Balangir 161 17 14 164 113 8 14 107 4 Sonepur 356 12 1 367 96 3 1 98 5 Cuttack 457 30 22 465 104 28 23 109 6 Kendrapara 73 4 9 68 60 7 14 53 7 Jajpur 126 1 6 121 110 5 50 65 8 Dhenkanal 76 1 2 75 34 2 5 31 9 Angul 135 8 3 140 79 9 13 75 10 Ganjam 347 36 32 351 228 22 23 227 11 Gajapati 23 7 9 21 16 7 12 11 12 Kalahandi 302 19 33 288 110 4 26 88 13 Nuapada 56 2 11 47 3 1 0 4 14 Keonjhar 265 26 23 268 33 7 2 38 15 Khurda 380 33 39 374 221 15 35 201 16 Koraput 80 17 26 71 77 16 21 72 17 Nawarangpur 78 5 5 78 25 1 1 25 18 Raygada 72 11 8 75 14 3 3 14 19 Mayurbhanj 119 8 14 113 68 8 6 70 20 Phulbani 75 10 7 78 24 11 9 26 21 Puri 233 12 24 221 139 13 23 129 22 Nayagarh 164 7 6 165 40 13 2 51 23 Sambalpur 91 20 17 94 68 7 7 68 24 Bargarh 104 13 4 113 89 10 4 95 25 Jharsuguda 34 3 0 37 15 1 0 16 26 Sundargarh 101 22 8 115 45 16 19 42 TOTAL 4568 364 363 4569 2109 247 332 2024
Court 11 CRIMINAL MISC. CASES SPECIAL ACT CASES Sl. No. Name of the Judgeship Opening Balance as on 01.07.2012 Institution during the Quarter Disposed of during the Quarter Pendency as on 30.9.2012 Opening Balance as on 01.07.2012 Institution during the Quarter Disposed of during the Quarter Pendency a 30.9.201 1 Balasore 53 360 380 33 607 42 44 605 2 Bhadrak 42 259 253 48 143 20 16 147 3 Balangir 32 243 237 38 206 5 18 193 4 Sonepur 9 76 71 14 34 1 1 34 5 Cuttack 115 694 721 88 573 61 26 608 6 Kendrapara 14 215 213 16 139 2 3 138 7 Jajpur 81 154 210 25 117 41 14 144 8 Dhenkanal 32 282 289 25 171 46 10 207 9 Angul 32 304 292 44 341 29 15 355 10 Ganjam 116 794 731 179 325 58 10 373 11 Gajapati 11 90 89 12 114 5 6 113 12 Kalahandi 23 201 193 31 362 14 13 363 13 Nuapada 3 102 98 7 18 7 2 23 14 Keonjhar 101 313 359 55 137 7 8 136 15 Khurda 69 639 620 88 400 30 11 419 16 Koraput 27 285 271 41 159 7 14 152 17 Nawarangpur 15 95 94 16 94 9 10 93 18 Raygada 34 214 207 41 49 7 5 51 19 Mayurbhanj 42 344 351 35 82 18 8 92 20 Phulbani 30 202 223 9 26 2 1 27 21 Puri 56 445 471 30 221 30 19 232 22 Nayagarh 35 174 183 26 100 3 3 100 23 Sambalpur 46 338 337 47 184 31 12 203 24 Bargarh 27 300 310 17 138 25 0 163 25 Jharsuguda 3 92 91 4 77 3 4 76 26 Sundargarh 93 475 468 100 44 11 3 52 TOTAL 1141 7690 7762 1069 4861 514 276 5099
12 Court CRIMINAL CASES OF MAGISTERIAL COURTS Sl. No. Name of the Judgeship Institution during the Quarter Pendency as on 30.9.2012 Gen. File Trial File Total Gen. File Trial File Total Gen. File Trial File To 1 Balasore 25866 16796 42662 4895 359 3204 3563 26845 17149 43 2 Bhadrak 18011 7358 25369 1270 928 1040 1968 17373 7298 24 3 Balangir 11210 7772 18982 1845 491 1652 2143 10910 7774 18 4 Sonepur 3012 1023 4035 1089 505 244 749 3359 1016 43 5 Cuttack 111145 31156 142301 3534 1676 2467 4143 111333 30359 141 6 Kendrapara 13254 4211 17465 830 623 507 1130 12900 4265 17 7 Jajpur 23116 6671 29787 3134 365 651 1016 25241 6664 31 8 Dhenkanal 17756 5339 23095 1476 1024 447 1471 17503 5597 23 9 Angul 47980 9910 57890 3091 1913 690 2603 48529 9849 58 10 Ganjam 27227 14940 42167 6185 2807 3325 6132 27392 14828 42 11 Gajapati 7326 2211 9537 2034 13 1265 1278 8260 2033 10 12 Kalahandi 21453 6737 28190 1685 121 1463 1584 21809 6482 28 13 Nuapada 5290 1656 6946 1080 1 766 767 5637 1622 72 14 Keonjhar 14991 6823 21814 870 206 839 1045 15022 6617 21 15 Khurda 107389 10828 118217 8695 6141 780 6921 109293 10698 119 16 Koraput 20028 8659 28687 2351 1427 1334 2761 19581 8696 28 17 Nawarangpur 18498 5390 23888 900 1379 531 1910 17763 5115 22 18 Raygada 28492 3981 32473 1962 329 2050 2379 28160 3896 32 19 Mayurbhanj 21067 9990 31057 2404 54 1702 1756 21364 10341 31 20 Phulbani 8540 4362 12902 1172 754 823 1577 8169 4328 12 21 Puri 21939 8749 30688 1867 857 978 1835 21972 8748 30 22 Nayagarh 6284 4811 11095 788 294 459 753 6412 4718 11 23 Sambalpur 19409 8231 27640 3475 2074 2273 4347 18832 7936 26 24 Bargarh 16810 5117 21927 3961 184 1540 1724 18967 5197 24 25 Jharsuguda 33728 5812 39540 1146 102 1707 1809 33546 5331 38 26 Sundargarh 59167 13318 72485 2913 641 2581 3222 58581 13595 72 TOTAL Opening Balance as on 01.07.2012 Disposed of during the Quarter 708988 211851 920839 64652 25268 35318 60586 714753 210152 924
TOTAL NO. OF CIVIL AND CRIMINAL CASES DURING THE PERIOD FROM 1.07.2012 TO 30.09.2012 Opening Bal. Institution Disposed of Pending CIVIL 221082 14686 12329 223439 CRIMINAL 951565 75447 70853 956159 GRAND TOTAL 1172647 90133 83182 1179598 PREVENTION OF CORRUPTION ACT (VIG. + C.B.I.) Sl. No. Name of the Judgeship Opening Balance as on 01.07.2012 Institution during the Quarter Disposed of during the Quarter Pendency as on 30.9.2012 1 Balasore 430 24 5 449 2 Bhadrak 0 0 0 0 3 Balangir 122 4 3 123 4 Sonepur 0 0 0 0 5 Cuttack 563 37 5 595 6 Kendrapara 0 0 0 0 7 Jajpur 0 0 0 0 8 Dhenkanal 0 0 0 0 9 Angul 0 4 0 4 10 Ganjam 272 20 5 287 11 Gajapati 0 0 0 0 12 Kalahandi 83 2 5 80 13 Nuapada 0 0 0 0 14 Keonjhar 126 7 6 127 15 Khurda 720 34 14 740 16 Koraput 142 6 5 143 17 Nawarangpur 0 0 0 0 18 Raygada 0 0 0 0 19 Mayurbhanj 0 0 0 0 20 Phulbani 0 0 0 0 21 Puri 0 0 0 0 22 Nayagarh 0 0 0 0 23 Sambalpur 509 10 0 519 24 Bargarh 0 0 0 0 25 Jharsuguda 0 0 0 0 26 Sundargarh 0 0 0 0 TOTAL 2967 148 48 3067 Court 13
14 Court OUTLINES OF SOME RECENT ORISSA HIGH COURT JUDGEMENTS PUSPA RANJAN SAHOO-V- ASST. DIRECTOR OF INCOME TAX (INV.) & ORS. W.P.(C) NO.31361 OF 2011 (Dt.03.07.2012) A. INCOME TAX ACT, 1961 S.132. Search and seizure Reason to suspect vis-à-vis Reason to believe Such powers can be exercised against a person upon fulfilment of certain conditions Firstly the competent authority must have the information in its possession Secondly on the basis of such information it must have the reason to believe that the condition as stipulated in Sub-Clause (a) or (b) or (c) of Section 132 (1) of the Act exists. The words reason to believe postulate application of mind and assigning of reasons There is a rationale nexus between reason and believe Held, reason to believe is the mandatory requirement of law for search and seizure but in the other hand the search and seizure carried out on the basis of reason to suspect is not valid. B. INCOME TAX ACT, 1961 S.132. Search and seizure A search which is conducted U/s.132 of the Income Tax Act is a serious invasion into the privacy of the citizen Held, Section 132 (1) of the Income Tax Act has to be strictly construed and the information of the person or reason to believe by the authorizing officer must be apparent from the note received by him. C. INCOME TAX ACT, 1961 S.132 (1) (iii) Seizure of undisclosed income or property of the person searched Prior to insertion of proviso to Section 132 (1) (iii) of the Act stock-in-trade could be seized at the time of seizure if it represents either wholly or partly the undisclosed income or property of the person searched but after insertion of the said proviso seizure cannot be effected on the stock-in-trade but note of such inventory can be prepared for future use by the department against the assessee Held, any bullion, Jewellery or other valuable article or thing which is in the form of stock-in-trade of the business cannot be seized by the authorized officer. (V. Gopala Gowda, CJ & B. N. Mahapatra, J.) MANAGEMENT COMMITTEE (CFH SCHEME) PARADEEP PORT ADMINISTRATIVE BUILDING-V- INCOME TAX OFFICER (TDA), CTC. & ORS. W.P.(C) NO.27531 OF 2011 (Dt.03.07.2012) A. INCOME TAX ACT, 1961 S.197. Fresh reason in the counter affidavit Short deduction or no deduction certificate was granted on account of out standing dues Held, fresh reason stated in the counter affidavit is untenable in the eye of law. B. CONSTITUTION OF INDIA, 1950 ART.226. Validity of an order must be judged by the reasons mentioned there in and it cannot be developed/ supplemented by fresh reasons either by oral submission or in the shape of an affidavit. C. Action of Government Money if any due to the Government - Government, Central or State cannot be permitted to play dirty games with the citizens and/or to coerce them in making payments which they were not legally obliged to make Held, Government should take appropriate steps but it should not take extra legal steps or adopt the course of manoeuvring to collect such money. (V. Gopala Gowda, CJ & B.N.Mahapatra, J.)
Court 15 ARUNODAYA SWAIN-V- STATE OF ODISHA CRLA NO.409 OF 2011 (Dt.03.07.2012) A. ORISSA SPECIAL COURTS ACT, 2006 S.17. Appeal Maintainability The term any order of the authorized officer appearing in Section 17 must be given the widest amplitude so that every aggrieved person must be allowed an opportunity for redressal of his grievance Held, right of appeal cannot be restricted only to final order of confiscation passed u/s.15. B. ORISSA SPECIAL COURTS RULES, 2007 - RULE 2(1) (e). Person holding high public office Amendment of Rule 2 inserting the words including officers of All India Services working under Government of Orissa w.e.f. 27.11.2010 Contention raised that a person belonging to the IAS Cadre serving in the State of Orissa before the amendment was covered prior to the amendment The matter was no longer res integra having been decided in the judgment of a Division Bench of this Court in the case of Dibyadarshi Biswal and others-v- State of Orissa reported in (2011)49 OCR. 1 Held, since the Division Bench of this Court found no merit on the contentions of the appellant regarding non-applicability of the Special Courts Act to I.A.S. Officers, this Court rejects the prayer made in the present appeal to set aside the impugned order on merits. (Indrajit Mahanty, J.) INDIAN RARE EARTHS LTD.-V- P.O., INDUSTRIAL TRIBUNAL, ORISSA & ORS. OJC. NO.17505 OF 1997 (Dt.04.07.2012) INDUSTRIAL DISPUTES ACT, 1947 S.33(2) (b). Employer may pass an order of dismissal of the workman from service but at the same time he has to make an application U/s.33 (2) (b) proviso for approval of the action taken by him If approval is not granted the order of dismissal becomes ineffective from the date it was passed and failure to make the application U/s.33(2) (b) proviso of the Act would render the order of dismissal inoperative. In the present case management dismissed O.P.2 & 3 workmen from service and sought for approval of the action and the Tribunal having refused such approval it is deemed that both O.P.2 & 3 have not been dismissed from service but were continuing as such Held, since O.P.3 retired in the meantime the management is liable to pay the wages of O.P.3 from the date of the order of dismissal till the date of his superannuation For O.P.2 the order of dismissal is non est and the management shall allow him to continue to work and he shall be entitled to the wages for the period for which he has not been permitted to work. (M. M. Das, J.) PRADEEP KUMAR PRADHAN-V- STATE OF ORISSA & ORS. CRLMC. NO.597 OF 2008 (Dt.04.07.2012) CRIMINAL PROCEDURE CODE, 1973 S.239. Application for discharge When and how to consider On a reading of Sections 238, 239 and 240 Cr.P.C. together it becomes clear that the mandatory requirement for the Court is to first consider compliance of the provision U/s.238 Cr.P.C. and if an application for discharge is filed, the same has to be considered and only after such consideration and hearing the trial Court shall proceed to form an opinion whether or not there is sufficient ground for presuming that the accused has committed the offence.
16 Court Here the case was posted to 18.04.2007 for framing of charge On that day accused filed petition for discharge Learned Magistrate framed charge on 18.04.2007 but kept pending the application for discharge which was rejected by order Dt.23.07.2007 Both the orders are under challenge Held, the impugned orders Dt.18.04.2007 and 23.07.2007 are quashed and the matter remitted back to the learned SDJM, Bonai to here the petition U/s.239 Cr. P.C. on merit. (Indrajit Mahanty, J.) SANJAY KUMAR PARIDA-V- STATE OF ORISSA. CRLMC. NO.2530 OF 2007 (Dt.04.07.2012) CRIMINAL PROCEDURE CODE, 1973 S.482. Quashing of order taking cognizance Offence U/s.16 (a) (i) (ii) of the Prevention of Food Adulteration Act, 1954 Ground is report No.12/2007 of the Public Analyst relating to Honey (Dabour) is illegal. In this Case the Public Analyst in his report No.12/2007 in respect of Honey (Dabour) has recorded total reducing sugar as 76.3% and noted under the Criteria for conformity used as Not more than 65% by mass However stipulations contained in Clause 7.03 of Appendix-B of the Prevention of Food Adulteration Rules 1955 shows, the total reducing sugar in case of Honey is Not less than 65% by mass Held, the observation of the Public Analyst in the Column Critorial for conformity used to the effect Not more than 65% by mass is definitely an error of record Held, the impugned order Dt.27.08.2007 relating Public Analyst report No.12/2007 is quashed. (Indrajit Mahanty, J.) PARADEEP PHOSPHATES MAZOOD UNION-V-STATE OF ODISHA & ORS. W.P.(C) NO.13791 OF 2005 (Dt.05.07.2012) CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970 S.10. Prohibition of Contract Labour O.P.3 engaged contract labourers for over 18 to 20 years in sixteen establishments Petitioner Union alleged there is requirement of regular employment as the work is permanent and perennial in nature State Advisory Board Constituted a committee for inquiry Committee after making spot enquiry advised to abolish contract labour in respect of sixteen areas Govt. abolished one establishment out of sixteen for which a writ petition was filed and this Court directed the Government to reconsider the report of the advisory Board Government instead of accepting the report of the Advisory Board constituted another committee consisting some Government officials and called for its views Second committee recommended not to impose abolition Hence the present writ petition. Held, constitution of another committee by the State Government is extra legal as there is no legal sanction to constitute such committee Impugned order passed by O.P.1 refusing to abolish contract labour with respect to remaining fifteen areas of operation is quashed Direction issued to O.P.1 to take a decision on the recommendation made by the State Advisory Board. ( V. Gopala Gowda, CJ & S.K.Mishra, J.) M/S. INDUSTRIAL INCUBATORS PVT. LTD. & ANR.-V- THE WATERBASE LTD. W.P.(C) NO.20548 OF 2010 (Dt.05.07.2012) ARBITRATION & CONCILIATION ACT, 1996 S.2 (1) (e), 36 & 40. Arbitration Award Execution Held, only the principal Civil Court i.e. the Court of the District Judge has jurisdiction to execute such award.
Court 17 In this case award passed by the Arbitration Tribunal and execution proceeding filed before the Madras High Court Since property involved in the proceeding situates within the jurisdiction of the State of Orissa, Madras High Court transferred the case to this Court and the Superintendent of this Court sent the above case to the Court of the Civil Judge (Sr.Divn.), Balasore Petitioner filed a petition before the Civil Judge (Sr.Divn), Balasore saying that the proceeding is not maintainable before such Court The petition having been rejected this writ petition is filed Held, Civil Judge (Sr.Divn.) lacks inherent jurisdiction under law to proceed with the Execution Proceeding Just because the Superintendent of this Court dispatched the records to him, the same can not fix jurisdiction on him to proceed Direction issued to the Civil Judge (Sr.Divn.) Balasore to transfer the execution proceeding to the Court of the learned District Judge, Balasore for disposal in accordance with law. (M. M. Das, J.) AHALYA BEHERA & ORS.-V- INSPECTOR GENERAL OF POLICE, CTC. & ANR. MISC. APPEAL NO.236 OF 1994 (Dt.06.07.2012) MOTOR VEHICLES ACT, 1988 S. 163-A. Annual income of the deceased Deceased was aged about 42 years and earning Rs.50/- to 60/ - per day No document is produced in support of the annual income of the deceased Tribunal should have taken into consideration the structural formula which is provided in the schedule to Section 163-A of the M.V. Act 1988 by way of amendment w.e.f. 14 th November, 1994 Held, the income of the deceased per month is taken at Rs.1800/- arriving at the annual income at Rs.21,600/- and after deduction of 1/ 3 rd there from for personal expenses the contribution to the family would came to Rs.14,400/- P.A. (V. Gopala Gowda, CJ.) DANDAPANI PRADHAN & ANR.-V- STATE OF ORISSA CRLMC. NO.2363 OF 2004 (Dt.09.07.2012) CRIMINAL PROCEDURE CODE, 1973 S.482. Order taking cognizance The impugned order does not disclose the prima facie satisfaction of the learned Special Judge regarding availability of materials about commission of the offence by the petitioners so as to take cognizance in the case Held, impugned order taking cognizance of the offence U/ss.13 (1) (c) & 13(2) of P.C. Act is quashed Matter remitted back to the learned Special Judge (Vigilance), Berhampur to reconsider the question of cognizance after going through all the materials available on record. (B. K. Nayak, J.) CRIMINAL PROCEDURE CODE, 1972 S. 197. RAMAKANTA SAHOO-V- SURESH PRASAD PANDA CRLMC. NO. 661 OF 2004 (Dt.12.07.2012) Previous sanction Scope and ambit of the protection granted to a public servant If it is prima facie found that the act or omission for which the accused was charged has a reasonable connection with
18 Court the discharge of his duty then it must be held to be official to which applicability of Section 197 Cr.P.C. can not be disputed. In the present case the work carried out was on a public road which is alleged to be inferior in quality - The petitioner in his official capacity was acting as executant, though the actual work has been carried out by the Junior Engineer Held, impugned order of cognizance suffers from grave illegality since sanction U/s. 197 Cr.P.C. was mandatory which has not been obtained prior to passing of the order of cognizance. (Indrajit Mahanty, J.) SITARAM PATEL & ORS.-V- COLLECTOR, SAMBALPUR & ORS. O.J.C. NO.2905 OF 1994 (Dt.12.07.2012) CENTRAL PROVINCES TENANCY ACT, 1898 S.46(2)(b). Sale deed in question registered on 27.04.1964 OLR Act, 1960 came into force on 01.10.1965 Case land is located in the district of Sambalpur and until enactment of OLR Act, 1960 the area was governed by the Central Provinces Tenancy Act, 1988 read with Orissa Amendment Act, XIII of 1953 Restriction imposed regarding transfer of land by members of the Scheduled Tribe to non-scheduled Tribe members and prior permission of the Revenue Officer was required for such purpose U/s.46 (2) (b) of the Act as amended by Orissa Act,XIII of 1953 Held, the order passed by the learned Collector declaring such transfer as void being without prior permission from the Revenue Officer is correct. (Indrajit Mahanty, J.) MANOJ BHOI-V- STATE OF ORISSA JCRA NO.101 OF 2003 (Dt.13.07.2012) CRIMINAL TRIAL Circumstantial evidence Theory of last seen together According to P.W.3 the deceased and the accused were last seen together by him in the night of 23.06.2001 The decomposed dead body of the deceased was discovered on 26.06.2001 Long time gap between the deceased having been last seen in the company of the accused and the time of discovery of the dead body of the deceased for which possibility of any other person coming in between could not be ruled out Held, it is difficult to accept the last seen theory as an incriminating circumstance. ( Pradip Mohanty, J & B. K. Misra, J.) BHAGIRATHI JENA & ORS.-V- STATE OF ORISSA. CRL.M.C. NO.1716 OF 2010 (Dt.16.07.2012) CRIMINAL PROCEDURE CODE, 1973 S.319. Power U/s. 319 Cr.P.C. Unless the Court is hopeful that there is reasonable prospect of the Case as against the newly added accused persons ending in conviction of the offence concerned the Court should refrain from adopting such a course of action. In this case even though there is some evidence against the present petitioners, the evidence is not to such extent which may reasonably lead to the conviction of the petitioners Held, discretion exercised by the learned J.M.F.C. summoning the petitioners U/s.319 Cr.P.C. is set aside. (B.K. Nayak, J.)
Court 19 PRABIR KUMAR PRADHAN-V-STATE OF ORISSA CRLMC. NO.1484 OF 2004 (Dt.17.07.2012) PREVENTION OF CORRUPTION ACT, 1988 S.19(1). Sanction for prosecution of a public servant Sanction has to be granted with respect to a specific accused and only after sanction has been granted the Court gets competence to take cognizance of an offence. In this case learned Special Judge (Vigilance) Bhuabeneswar took cognizance on 31.07.2002 although no previous sanction obtained by the prosecution by that date However the prosecution obtained sanction order from the competent authority on 18.03.2004 - Whether Post facto sanction can cure the defect in the filing of the charge sheet and passing of the order of cognizance Held, order of cognizance Dt.31.07.02 suffers from gross miscarriage of justice as no sanction had been obtained by the prosecution for prosecuting the present petitioner on the date of the order of cognizance was passed Since the order of cognizance was ex-facie without jurisdiction, the post facto sanction received thereafter cannot cure such inherent defect Impugned order of cognizance Dt.31.07.2002 against the petitioner is quashed. (Indrajit Mahanty, J.) SANOJ PODH -V- STATE OF ODISHA & ORS. W.P.(C) NO.29714 OF 2011 (Dt.18.07.2012) SERVICE LAW Government notification Dt.16.06.1980 In view of the notification where the Government servant appears in the examinations for appointment to a new post in the same or other department through proper channel and on selection if he/she is asked by the new employer to resign from the previous post for administrative reasons the benefit of past service can be given to such employee. In this case the petitioner has applied through proper channel and on selection and appointment he prayed the previous employer to relieve him from the post in order to join the new assignment in the judgeship of Sambalpur Although he has not been asked by the new employer to resign so as to join the new post the representation submitted by the petitioner to his earlier employer to relieve him from duties and to permit him to join in his new post can be treated as formal resignation for administrative reasons as the Govt. notification is applicable to the case of the petitioner to claim his entitlement of protection of pay as well as post service rendered in the judgeship of Ganjam-Berhampur Impugned orders are quashed Direction issued to O.P.2 & 3 to protect the pay of the petitioners and allow him the benefit of past service rendered in the judgeship of Ganjam-Berhampur but the petitioner can not claim seniority. (V. Gopala Gowda, CJ & S.K.Mishra, J.) M/S. SWASTI TRADERS-V- IVRCL INFRASTRUCTUES & PROJECTS LTD. & ANR. ARBP NO.51 OF 2010 (Dt.20.07.2012) ARBITRATION & CONCILIATION ACT, 1996 Ss. 7(4) (c), 11(4) (a) & 11 (6). Appointment of Arbitrator Indian Oil Corporation entrusted construction work to Opp.Parties who in turn entrusted some work to the petitioner Dispute arising between the parties Petitioner issued
20 Court letter Dt.15.09.2010 requesting to appoint one of the persons named in the letter as Arbitrator Letter received by the Opp.Parties Reply sent by Opp.Parties returned un served There is an agreement in terms of Section 7 (4) (c) of the Act between the parties Demand made in the demand notice Dt.15.09.2010 has not been acted upon or replied within 30 days as required U/s.11(4)(a) of the Act Held, it would be just and proper for this Court to appoint an Arbitrator to adjudicate the dispute between the parties The cost of arbitration shall be borne by the petitioner and if he succeeds, that will be levied upon the Opp.Parties. (V. Gopala Gowda, CJ.) SADANANDA MOHANTY-V- URMILA DAS & ORS. W.P.(C) NO.12627 OF 2004 (Dt.27.07.2012) CIVIL PROCEDURE CODE, 1908 ORDER 6, RULE 17, r/w Article 59 Limitation Act. Amendment of plaint Suit for partition Suit filed in 1997 Defendant No.1 (brother of plaintiff) filed written statement on 20.07.1998 pleading that their widowed mother executed two registered gift deeds in his favour in the year 1981 in respect of Schedule A & B properties of the plaint Plaintiff filed petition for amendment of plaint on 18.09.2004 alleging fraud in executing the gift deeds and prayed to declare the gift deeds to be null and void Learned trial Court allowed amendment Hence this writ petition. Under Article 59 of the Limitation Act gift deeds can be challenged only within three years from the date of knowledge of existence of the gift deeds In this case plaintiff derived knowledge of gift deeds in the year 1998 on filing of written statement by defendant No.1 After the period of limitation is over right accrued in favour of defendant No.1 and if amendment is allowed it would defeat the right accrued in favour of the said defendant Held, learned trial Court is not correct in allowing the amendment of the plaint Impugned order is set aside. (M. M. Das, J.) SADA @ RENTAL HEMBRUM -V- STATE OF ORISSA JRCLA NO.93 OF 2003 (Dt.30.07.2012) A. CRIMINAL TRIAL Murder Case Solitary witness Testimony of a solitary witness if found to be clear, cogent and unimpeachable is sufficient to establish a criminal charge. In this Case wife of the deceased (P.W.2) is an eye witness to the occurrence In her evidence she narrated the incident in a very clear and transparent manner Her relationship itself is not sufficient to discard her evidence as unworthy of credit in absence of other circumstances to detract from the evidentiary value of her testimony P.W.2 is a rustic Adibasi woman and the Adibasis are known for their simple life and dealings It is unexpected on her part to implicate an innocent person at the cost of the real culprit Her evidence gets ample corroboration from the medical evidence Held, conviction sustained. B. PENAL CODE, 1860 Ss.302, 304. Medical evidence shows that the appellant made successive blows on the head of the deceased causing fracture of both temporal and parietal bone of the deceased Held, appellant had intention to kill the deceased and he is liable for punishment U/s.302 I.P.C. but not U/s.304 I.P.C. (Pradip Mohanty, J & B.K.Misra, J.)
Court 21 UMESH CHANDRA CHINERA-V- CHAIRMAN & MANAGING DIRECTOR, BHARAT PETROLEUM CORPN. & ORS. W.P.(C) NO. 32150 OF 2011 (Dt.31.07.2012) TENDER Advertisement for award of MS/HSD Retail out let dealership of BPCL Petitioner and O.P.4 applied Petitioner fulfilled all requirements but O.P.3 selected O.P.4 Petitioner challenged the selection on the ground of fraud. This Court called for the original records for perusal It is found that O.P.4 has produced a document which has been manipulated on the face of it Any forgery cannot be accepted by the Court, moreso when there has been a manipulation to the official records In this case official records have been tampered with When an applicant gets an order/offer by making representation or playing fraud upon the competent authority such order cannot be sustained in the eye of law as fraud and justice never dwell together Although only two applicants called for the interview and since application of O.P.4 is tainted with fraud his application has to be rejected and that leaves the petitioner alone as the applicant Held, decision of O.P.3 to grant permission in favour of O.P.4 is quashed O.P.3 is directed to issue appropriate orders to grant licence in favour of the petitioner. (V.Gopala Gowda, CJ & S.K.Mishra, J.) SHANTILATA PATTANAIK-V- M/S. SWAMINATHAN RESEARCH FOUNDATION & ANR. W.P.(C) NO.13120 OF 2009 (Dt.31.07.2012) CONSTITUTION OF INDIA, 1950 ART.14, 21. Sexual harassment at work place Petitioner complained against her male colleague one Nihar Ranjan Parida Complaint committee found the conduct of Mr. Parida as unbecoming but despite the same the suspension order passed against him was revoked and he was allowed to work at the same place at Jeypore where as the petitioner who is an unmarried girl was transferred to Kerala Subsequently petitioner s request to extend her leave was rejected and she was removed from service vide order Dt.18.08.2008 for no fault of her The action of O.P.2 shows his mala fide intention towards the petitioner Held, the transfer order as well as the order of termination Dt.12.08.2008 are quashed Direction issued to O.Ps to reinstate the petitioner with full salary along with arrear salary at par with Mr.Kartik Charan Lenka from the date of termination till the date of re-instatement. (V. Gopala Gowda, CJ & B. N. Mahapatra, J.) ORISSA TRUST OF TECHNICAL EDUCATION & TRAINING-V- CHIEF COMMISSIONER OF INCOME TAX, ORISSA & ANR. W.P.(C) NO.2444 OF 2011 (Dt.31.07.2012) A. INCOME TAX ACT, 1961 S.10 (23-c) (vi). Exemption U/s. 10 (23-c) (vi) Ingredients (i) There must be an educational institution, (ii) Such University or other educational institution must exist solely for educational purposes. (iii) It should not exist for the purpose of profit, and (iv) Approval by the prescribed authority. B. INCOME TAX ACT, 1961 S.10 (23-c) (vi). Exemption Authority to grant such exemption Chief Commissioner or Director General.
22 Court C. INCOME TAX ACT, 1961 S.10 (23-c). Fees collected towards Placement and training in an educational institution is very much for educational purpose Held, it cannot be considered as a profit for the institution. D. INCOME TAX ACT, 1961 S.10 (23-c). Scheme of the provision - It is only if the prerequisite condition of actual existence of the educational institution is fulfilled, the question of compliance with requirements in the proviso s would arise To make the section with the proviso workable, monitoring conditions in the 3 rd proviso could be stipulated as conditions by the prescribed authority subject to which approval could be granted Petitionerinstitution must be given opportunity to comply with the monitoring conditions Approval/grant of exemption can be withdrawn on noticing breach or existence of circumstances mentioned in 13 th proviso Existence of profit element disqualifies institution from availing benefit u/s. 10(23-c) - If one of the objects enables the educational institution to undertake commercial activities, it will not be entitled for approval u/s. 10(23-c). (V.Gopala Gowda, C.J. & B.N.Mahapatra, J.) AKSHYA KUMAR SAHOO-V- STATE OF ORISSA & ORS. W.P.(C) NO.10994 OF 2008 (Dt.01.08.2012) AUCTION Property in question sought to be sold at Rs.22.20 lakhs to O.P.5 This Court felt it proper to make a bid in the Court to which all the parties agreed Property settled with the petitioner for Rs.79.00 lakhs being the highest bidder Purpose of the bid satisfied due to intervention of the Hon ble Court. (B. P. Das, J & B.K.Nayak, J.) SURYA NARAYAN ACHARYA-V- STATE OF ORISSA W.P.(C) NO.9613 OF 2011 (Dt.01.08.2012) A. ORISSA CIVIL SERVICES (CLASSIFICATION, CONTROL & APPEAL) RULES, 1962, RULE 18. Dismissal of Government Servant Distinction between dismissal for misconduct and dismissal for conviction Petitioner dismissed due to his conviction Conviction on a Criminal charge does not automatically entail dismissal, removal or reduction in rank The word consider connotes that there should be active application of mind by the disciplinary authority Nothing on record to show that the penalty imposed after consideration of the circumstances of the case Order challenged before the Tribunal Tribunal dismissed the case without assigning any reason Reasons being the soul of an order the order of the Tribunal is illegal Held, impugned order of the Tribunal as well as the order of the disciplinary authority are quashed. B. CONSTITUTION OF INDIA, 1950 ART.311 (2) Dismissal of Government Servant for conviction Art.311 (2) does not confer a mandatory duly on the disciplinary authority to impose major penalties like dismissal, removal or reduction in rank, the moment an employee is convicted The disciplinary authority has to hold an inquiry by hearing the delinquent officer as provided under Art.311 (2) of the constitution When inquiry could not be conducted the disciplinary authority should record its reasons for its satisfaction that it was not reasonably practicable to hold inquiry If such reason is not recorded in writing the order dispensing with the inquiry and the order of penalty following there upon would both be void and unconstitutional The recording of reasons in writing for dispensing with the inquiry must precede the order imposing the penalty Since the petitioner in this case was dismissed due to his conviction the disciplinary authority need to peruse the
Court 23 judgment and consider whether the conduct of the employee which led to his conviction warrants imposition of such penalty No material on record to show that the penalty imposed after consideration of the conduct of the employee which led to his conviction Held, impugned order passed by the Tribunal and the order passed by the disciplinary authority are quashed. (L.Mohapatra, J & B.K.Misra, J.) CRIMINAL PROCEDURE CODE, 1973 S.200. RABINDRA MOHANTY-V- STATE OF ODISHA & ANR. CRL. REV. NO.42 OF 2012 (Dt.01.08.2012) Complaint Petition Amendment No provision in Cr.P.C. to file amendment application Amendment sough is formal in nature and no prejudice would be caused to the accused and it is necessary for just decision of the Case Held, the Court in exercise of its ancillary and incidental powers can allow amendment even though there is no specific provision in the Code. (Sanju Panda, J.) STATE OF ORISSA-V- NARAYAN CHANDRA NAYAK CRLMC. NO.3812 OF 2011 (Dt.01.08.2012) CRIMINAL PROSEDURE CODE, 1973 S.161 (3). Recording of statement by Audio-Video electronic means Whether discretionary - Statement made by a person before the I.O. in course of his examination U/s.161 (3) Cr.P.C. may be recorded in writing As per the proviso to the said Sub-section that statement may also be recorded by audio-video electronic means The expression may also be recorded means recording by audio-video means is a discretionary additional procedure which may be adopted by the I.O. Held, the procedure prescribed in the proviso is not in lieu of the recording of the statement by the I.O. in writing but may be in addition to that. B. CRIMINAL PROCEDURE CODE, 1973 Ss.161, 162. Whether statement of a witness recorded by the I.O. by audio-video means can be treated to be a statement reduced in to writing, as required under the proviso to Section 162 (1) Cr.P.C. The words if duly proved used in the proviso U/s.162 (1) Cr.P.C. clearly show that the record of the statement cannot be admitted in evidence straightaway Because of the facility of erasure and re-use in the magnetic tape recording the evidence must be received with caution The voice of the person alleged to be speaking must be duly identified by the maker of the record or by others who know it Accuracy of what was actually recorded has to be proved by the maker of the record and satisfactory evidence, direct or circumstantial had to be there so as to rule out possibilities of tampering with the record. In the present case P.Ws.20 and 21 who are said to have video graphed the examination of the witnesses by the I.O. have denied to have done such video graphing So the genuineness and authenticity of the CDs and cassettes and the information recorded there in are in doubt The I.O. also has not taken recourse to the provisions U/s.45-A of the Evidence Act to get the CDs and cassettes examined by any examiner of electronic evidence as referred to U/s.79-A of the Information Technology Act Held, mere display of the CDs and cassettes will not satisfy the requirement, duly proved - Since the witnesses have been Cross-examined by the prosecution with reference to their statements recorded in writing by the I.O.
24 Court no further useful purpose will be served in displaying the CDs and cassettes Held, no infirmity in the impugned order rejecting the prayer of the prosecution for displaying audio-video CDs and cassettes containing statements of the victim and other prosecution witnesses recorded U/s.161 Cr.P.C. (B.K. Nayak, J.) PENAL CODE, 1860 S.304-II. MANU BINDHANI-V- STATE OF ORISSA JCRLA NO.132 OF 2003 (Dt.03.08.2012) Murder Prosecution has not adduced any evidence to prove intention of the appellant to commit murder of the deceased Prosecution case is that the arrow was struck on the right leg of the deceased just above the knee, which is not a vital part of the body The injury was not grievous and the cause of death was due to profuse bleeding It can not be inferred that the appellant had done the act with the intention of causing death or with the knowledge that the act was likely to cause death of the deceased Held, conviction of the appellant U/s.302 I.P.C. is altered to one U/s.304 Part-II I.P.C. (Pradip Mohanty, J & B.N.Mahapatra, J.) JAYARAM SAHOO @ BEHERA-V- BANAMALI SAHOO & ORS. W.P.(C) NO.12126 OF 2009 (Dt.03.08.2012) CIVIL PROCEDURE CODE, 1908 O.18, R. 1. Right to begin General principle is plaintiff to begin the evidence first Exception provided Under O.18, R-1 P.C.P. When defendant admits the allegations made in the plaint and pleaded different sets of additional facts, onus lies on him to prove such facts and in that case/event the defendant should begin the evidence first. In the present case plaintiff alleged fraud in getting the alleged deed of adoption and pleaded that defendant No.1 is not his adopted son Defendant No.1 denied such pleadings and has pleaded that on 8.8.1967 he was given in adoption to the plaintiff by his natural parents and giving and taking ceremony was performed Since defendant No.1 has not admitted any fact alleged by the plaintiff exception provided under Order 18 Rule 1 C.P.C. does not apply Held, impugned order allowing the defendant No.1 to begin the evidence first is set aside. (M. M. Das, J.) RAILWAYS ACT, 1989 S.123(c)(2). JYOTSNA THANAPATI & ORS.-V- UNION OF INDIA F.A.O. NO.26 OF 2012 (Dt.06.08.2012) Railway accident Deceased was moving with valid ticket While he was attempting to spit through the open emergency window he was thrown out of the train and died Tribunal refused compensation on the ground that accident occurred due to careless conduct of the deceased and he died due to self inflicted injury Hence this appeal.
Court 25 Evidence shows that the deceased tried to spit through the emergency window as the compartment was crowded and the untoward incident occurred due to sudden jerk and jolt of the train So finding of the Tribunal that the death of the deceased occurred due to self inflicted injury as provided U/s.124-A of the Act is not sustainable in law Held, claimants entitled to compensation for the death of the deceased. (B. K. Patel, J.) M/S. JINDAL STAINLESS LTD.(NOW JSL LTD.)-V- STATE OF ORISSA & ORS. W.P.(C) NO.15962 OF 2010 (Dt.07.08.2012) A. ORISSA VAT ACT, 2004 Ss. 41, 42. Audit assessment Audit visit report An audit visit report if submitted by an officer, who is neither a part of nor head of the audit team, the said report is vitiated in law. B. ORISSA VAT ACT, 2004 S.41 (4). Submission of audit visit report to be within time specified U/s.41(4) of the Act AVR becomes invalid if submitted in contravention of Section 41(4). It is unfortunate that while Section 41(4) of the OVAT Act provides for submission of audit visit report within seven days from the date of audit and audit assessment is to be completed within six months from the date of receipt of AVR by the assessing authority, the action of the Authorized Officer in submitting the AVR to the Assessing Authority after six months from the date of audit visit not only violates the statutory provisions contained in Section 41(4) but also is against the scheme and spirit of audit visit and audit assessment provided under the OVAT Act. C. ORISSA VAT ACT, 2004 S.42(5). Assessment Penalty Section 42 (5) of the OVAT Act authorizing imposition of penalty equal to twice the amount of tax assessed U/s.42 (3) or (4) of the OVAT Act is constitutionally valid It is not arbitrary, unreasonable, oppressive or hit by Article 14 or in any way ultra vires the Constitution of India. D. ORISSA VAT ACT, 2004 S.77 (4). Appeal Pre-deposit Section 77 (4) of the OVAT Act requiring deposit of 20% of the tax or interest or both in dispute as a precondition for entertaining an appeal against the order enumerated U/s.77(1) of the OVAT Act does not make the right of appeal illusory and such a condition is within the legislative power of the State Legislature and cannot be held to be unreasonable and violative of Article 14 of the Constitution of India. E. ORISSA VAT ACT, 2004 77. Appeal Remedy by way of appeal not absolute Appeal is a creation of the statute and it cannot be created by acquiescence of the parties or by order of Court Right of appeal/revision cannot be absolute and the legislature can put conditions for maintaining the same. (V.Gopala Gowda, CJ & B.N.Mahapatra, J.) ALEKHA PRADHAN-V- STATE OF ORISSA & ORS. O.J.C. NO.2219 OF 2001 (Dt.07.08.2012) ORISSA ESTATES ABOLITION ACT, 1951 Ss.7, 8. Settlement U/s.7 of the Act It is necessary to find out if the intermediary was in khas possession over the land in question on the date of vesting.
26 Court In this case Order of the OEA Collector shows that general proclamation inviting public objection was issued in OEA Case and no objection was received from any quarters resisting the claim of O.P.2 for settlement It is therefore apparent that the present petitioner did not file any objection before the OEA Collector but filed OEA appeal before the ADM challenging the settlement in favour of O.P.2 on the ground that in the OEA Case no notice issued inviting public objection Whether on the date of vesting of the property the plaintiff or O.P.2 was in possession has not been directly addressed by the Civil Court The finding of possession in favour of the petitioner by the Civil Court was primarily based on the admission of O.P.2 in its w.s. filed in the suit, wherein no relief was claimed against O.P.2 although admission is the best piece of evidence against the maker there of but it is always explainable in any other proceeding Held, since the original authority i.e. the OEA Collector has never considered the claim of O.P.2 visà-vis the objection of the petitioner it is a fit case that the matter should be remanded back to the OEA Collector. (B. P. Das, J & B.K.Nayak, J.) SUSANTA KUMAR TRIPATHY-V- STATE OF ORISSA & ORS. W.P.(C) NO.11066 OF 2012(Dt.08.08.2012) ORISSA CIVIL SERVICES (C.C.A.) RULE, 1962 RULE 18 (1). Dismissal of petitioner from service Only due to his conviction in vigilance case In appeal he has been acquitted of the charge Held, he is entitled to be reinstated in service with all service benefits Direction issued to O.P.1 to reinstate the petitioner in service. (B.P.Das, J & B.K.Nayak, J.) INSTITUTE OF PHARMACEUTICALS SCIENCE & TECHOLOGY, PADMAPUR -V- PHARMACY COUNCIL OF INDIA & ORS. W.P.(C) NO.31396 OF 2011 (Dt.08.08.2012) EDUCATION Clause 4.2 of the prospectus for admission in to D.Pharma Course fixing over-age limit to 35 years Contrary to the Pharmacy Act, 1948 and the Regulations framed there under Held, since D.Pharma Selection Committee as constituted by the State Government has no jurisdiction to fix upper age limit in the absence of any statutory provision prescribed under the Act and Regulations, Clause 4.2 of the prospectus stipulating upper age limit is arbitrary hence quashed. ( Sanju Panda, J.) SUBRAT DAS & ORS.-V- STATE OF ORISSA & ORS. W.P.(C) NO.11270 OF 2012 (With Batch) (Dt.08.08.2012) EDUCATION - Advertisement made for engagement of Sikshya Sahayaks in Dec.2011 Petitioners selected and merit list prepared Subsequent notification Dt.29.03.2012 fixing additional criteria to clear Teachers Eligibility Test (TET) which is mandatory before recruitmen Action challenged - Held, once process of selection of candidates is over no change could be effected to alter the stipulations contained in the advertisement Moreover in view of Section 23(2) of the Right of Children to free and Compulsory Education Act, 2009, five years relaxation is available to the teachers to clear the TET and the Government of India has extended the relaxation period for one year i.e. up to 31.03.2013 The action of the authorities is arbitrary as the candidates had no breathing time to prepare for TET Held, impugned notifications Dt.29.03.2012 and 16.06.2012 are quashed Direction issued to O.P.1 and the Chief Executive Officers of the districts to issue engagement letters as per the selection list of Sikshya Sahayaks. (Sanju Panda, J.)
Court 27 STATE OF ORISSA-V- RANJAN SINGH DSREF NO.1 OF 2012 & JCRA NO.4 OF 2012 (Dt.14.08.2012) A. EVIDENCE ACT, 1872 S.27. Disclosure statement To what extent on facts a particular part of the statement made by the accused is admissible U/s.27 of the Act. In the present case four severed human heads were recovered from the river suna pursuant to the statement of accused Ranjan Singh. It is not disputed that there is a great deal of difference between a dead body as an incriminating fact and other articles like weapons of offence as incriminating fact Severed human heads as found in this case ipso facto proves commission of a crime and discovery of the same at the instance of an accused ipso facto makes the fact so discovered incriminating but so far as other articles are concerned until their connection with the crime is proved the fact discovered does not become relevant as incriminating. If the accused has no explanation to offer as to how he came to know that the severed heads were in a particular place a presumption will be drawn against him that he merely aided in hiding/concealment of the dead body and he would be guilty of an offence U/s.201 I.P.C. and by aid of any presumption the Court cannot travel further beyond the scope of Section 27 of the Evidence Act to hold that, if no explanation leading to innocence is given by an accused, in such a case it may lead to conclusion that the accused is guilty of the offence of murder In other words from the factum of discovery of severed heads at the instance of the accused, the Court cannot jump to a conclusion that in view of the self-authorship of the concealment and absence of any exculpatory explanation by the accused, the accused is presumed to have committed the substantive offence of murder Held, at best in such a situation the accused can be found guilty of offence U/s.201 I.P.C. for having aided in hiding the dead body etc. Impugned judgment and order of sentence is set aside. B. EVIDENCE ACT, 1872 S.27. Section 27 includes the mental fact of the author/actor, which is his knowledge about the object concealed and the place of concealment Such knowledge may be direct as done by the accused himself or indirect/hearsay as heard by him from others about the fact of concealment When the accused makes his statement without stating that the incriminatory material was concealed by him the possibilities that may arise are (1) that, the accused himself would have concealed it; (2) that, he would have seen somebody else concealing it; and (3) that, he would have been told by another person that it was concealed in the place from where it was discovered. Held, any fact discovered pursuant to the statement of an accused cannot be stretched beyond his knowledge, i.e. direct or indirect about the object concealed and the place of concealment. (L. Mohapatra, J & C.R.Dash, J.) ANJANA PARIDA & ORS.-V- SANMATI SINGH & ORS. W.P.(C) NO.1517 OF 2012 (Dt.14.08.2012) CIVIL PROCEDURE CODE, 1908 S.151. Inherent power of Courts Extent of Where the provisions of the code do not provide for passing of an order in a particular contingency and such an order is felt essential for the ends of justice, which is not specifically barred by any of the provisions of the code, it is always open for a Court to exercise its inherent power U/s.151 of the code to meet the requirements of justice.
28 Court CIVIL PROCEDURE CODE, 1908 S.151. Inherent power of Courts Extent of Court can issue injunction by exercising its inherent jurisdiction. In the present case plaintiff filed suit for permanent injunction and for other reliefs Suit dismissed for default Application for restoration of the suit is pending At that stage plaintiff filed an application Under Order 39, Rule 1 & 2 read with Section 151 C.P.C. for interim injunction Trial Court directed parties to maintain status quo in respect of the disputed property Order challenged Held, although Order 39, Rule 1 cannot be invoked as there is no suit pending, the Court can grant interim injunction U/s.151 C.P.C. in the interest of justice. (M. M. Das, J.) JANMAJAYA BHOI-V- STATE OF ORISSA JCRLA NO.108 OF 2006 (Dt.16.08.2012) CRIMINAL TRIAL Conviction U/s.302, 376 (2) (f) I.P.C. No eye witness to the occurrence Trial Court convicted the appellant only on circumstantial evidence From the evidence adduced by the prosecution a strong suspicion arises with regard to involvement of the appellant but such suspicion cannot take place of proof If there is little doubt in mind, benefit of such doubt must be extended to the appellant Held, suspicion however strong it may be it cannot take place of proof This Court acquitted the appellant of the charges by extending the benefit of doubt. (L. Mohapatra, J & C.R.Dash, J.) BHAGABAN MALLIK -V- KRISHNA KUMAR SHARMA & ANR. M.A. NO.1225 OF 1999 (Dt.17.08.2012) MOTOR VEHICLES ACT, 1988 S.168. Motor Accident Case Claimant a rickshaw-puller He sustained total loss of vision of the right eye and diminition of the vision of the left eye up to 80% - Tribunal awarded Rs.60,000/- as compensation While challenging the award the claimant claimed just compensation. In view of serial No.4, Part-I of Schedule-I of W.C. Act, 1923 disablement would be 100% - There being no proof of monthly income keeping in view the provision in the Second Schedule to Section 163- A of the M.V. Act, 1988 income of the claimant is taken as Rs.3000/- P.M. which comes to Rs.36,000/ - P.A. The claimant being 42 years old at the time of accident, as per the P.M. report, 15 multiplier is applied and compensation comes to Rs.5,40,000/- - He is also entitled Rs.50,000/- towards pain and suffering, Rs.50,000/- for loss of enjoyment of life and happiness on account of loss of eye sights, Rs.15,000/- towards loss of ribs, fracture of clavicle, nourishment, transport & attendant charges, Rs.25,000/ - for assistance throughout his life and in toto he is entitled to receive Rs.6,80,000/- as total compensation. ( V. Gopala Gowda, CJ.) TANMAY JENA-V- MEMBER SECRETARY-CUM-CONTROLLER OF EXAMINATIONS, & ORS. W.P.(C) NO.10202 OF 2012 (Dt.17.08.2012) EDUCATION - Petitioner completed Diploma in Pharmacy He secured good marks in all the subjects but in Drugs store and Business management he secured 37 marks, though the qualifying mark is 40.
Court 29 In case any candidate passed in all subjects and failed in one subject having shortfall of three marks, the other examination bodies i.e. Board/University/Council of Higher Secondary Education conducting the examination are generally awarding grace mark to pass the examination Held, if such principle is available the O.P.1 may by adopting that principle award grace mark to the petitioner to enable him to go on for higher study. (Sanju Panda, J.) SAMIRA DEHURY-V- STATE OF ORISSA JCRLA NO. 91 OF 2003 (Dt.21.08.2012) PENAL CODE, 1860 S.300. Murder Exception-4 Application of Sudden quarrel without premeditation is not sufficient to invoke Exception-4 to Section 300 I.P.C. It must further be shown that the offender had not taken undue advantage or acted in a cruel or unusual manner while committing the offence In all cases of death by single injury caused in course of a tussle, etc can be set as a test to apply Exception-4 Each case is to be adjudged on the basis of facts peculiar to that case. In this case there is nothing to show that the appellant was provoked by the deceased in any manner Held, the appellant having taken undue advantage of the situation and having acted in a cruel and unusual manner, he cannot be extended with the benefit of Exception-4 to Section 300 I.P.C.- Conviction U/s.302 is confirmed. (L. Mohapatra, J & C.R.Dash, J.) M/S. KALPANA GLASS FIBRE PVT.LTD.-V- STATE OF ORISSA & ORS. W.P.(C) NO.4934 OF 2008 (Dt.22.08.2012) A. ODISHA VALUE ADDED TAX ACT, 2004 S.2 (45). Sale A particular sale may either be intra State or inter-state sale, but cannot be both. A transaction of sale is a single transaction whereby the property of goods passes through the seller to the buyer and there can never be two transactions of sale in one sale Held, a single transaction of sale can be assessed either under the state Act or under the Central Sales Tax Act and can never be under both the Acts. B. REFUND OF TAX Tax paid under a mistake Matter can be decided in a regular suit but not in writ petition The power of the Court is not meant to be exercised for unjustly enriching a person Held, unjust enrichment is inapplicable to the State Government as it represents the people of the Country. C. FACT Whether a transaction of sale is inter-state or intra-state cannot be examined by the High Court in the writ jurisdiction. (V.Gopala Gowda, CJ & B.N.Mahapatra, J.) SK. SAMIRUDDIN-V- NAJBOON BIBI & ORS. W.P.(C) NO.30213 OF 2011 (Dt.23.08.2012) CIVIL PROCEDURE CODE, 1905 ORDER 1, RULE 10, ORDER 22, RULE 3. Implition of Party Once an application for substitution under Order 22 Rule 3 C.P.C. is rejected the legal heirs cannot take recourse under Order 1 rule 10 C.P.C. to be impleaded as parties in the suit. (M. M. Das, J.)
30 Court D.M., NEW INDIA ASSURANCE CO. LTD.-V- PRATAP BISWAL & ORS. M. A. NO.511 OF 2002 (Dt.24.08.2012) A. MOTOR VEHICLES ACT, 1988 S.141 (3) (b). Motor Accident Death of a ten month child Award of Rs.50,000/- passed U/s.140 of the Act Further Rs.50,000 awarded U/s.166 of the Act Since the first mentioned compensation U/s.140 of the Act is equal to the Second mentioned compensation U/s.166 of the Act is equal, the appellant - Insurance Company prayed that he is not liable to pay the second mentioned compensation in view of Section 141 (3) (b) of the Act Held, the Counsel for the appellant is perfectly right in placing reliance upon Section 141 (3) (b) of the Act. B. MOTOR VEHICLE ACT, 1988 S. 168. Just compensation Death of a ten month child - Tribunal has not awarded compensation under the head shock and agony sustained by the parents of the child Claimants not filed any appeal or Cross-objection However this Court while examining the legality and validity of the impugned judgment in the appeal filed by the Insurance Company exercised power Under Order 41 Rule 33 C.P.C. and held that the amount of compensation awarded by the Tribunal u/s.166 of the Act be treated as compensation towards shock and agony Held, Insurance Company is liable to pay the amount awarded U/s.166 of the Act over and above the amount awarded U/s.140 of the Act. (V. Gopala Gowda, CJ.) M/S. HINDUSTAN CONSTRUCTION COMPANY LTD.-V- STATE OF ORISSA & ANR. M.C. NO.60/2011 & ARBP NO.54/2010 (Dt.24.08.2012) ARBITRATION & CONCILIATION ACT, 1996 S.11 (6). Appointment of Arbitrator Procedure Petitioner has not issued demand notice to the Chief Engineer giving thirty days time for appointment of an Arbitrator Non compliance of the mandatory procedure as required U/s.11 (4) (a) of the Act Held, Arbitration petition is liable to be dismissed. (V. Gopala Gowda, CJ.) ASHA MOHARANA-V- PRASANNA KU. SAHOO & ANR. MACA NOS.120, 635 OF 2006 (Dt.31.08.2012) MOTOR VEHICLES ACT, 1988 S. 168. Just compensation Motor Vehicles Act is a social piece of legislation Claim was that the deceased was earning Rs.900/- per month by working as a Collie in the offending truck To repel the contention of the claimant that the deceased was earning Rs.900/- at the time of accident, no evidence to the contrary has been produced nor what was the minimum wages at the relevant time is either stated or proved In absence of the same the Second Schedule to Motor Vehicle Act U/s.163-A is required to be applied to determine the just and reasonable compensation The Second Schedule provides that in case of any fatal accidents/injury cases income ranging from 3000/- to maximum Rs.40,000/- per annum can be taken in absence of proof to be produced by the claimant regarding the income of the deceased Held, the compensation of Rs.44,100/- awarded by the Tribunal is erroneous in law - It would be just and proper for this Court to determine the income of the deceased at Rs.3,000/- per month and after deducting 1/3 rd towards personal expenses, Rs.2,000/- would be the monthly dependency and accordingly the annual dependency comes to Rs.24,000/- and applying II multiplier the compensation comes to Rs.2,64,000/- - In addition to that the claimants entitled to Rs.50,000/- under conventional heads like loss of happiness, loss of estate, consortium and loss of love and affection. (V. Gopala Gowda, CJ.)
Court 31 A. EVIDENCE ACT, 1872 S.45. DEBEN @ DEBENDRA MUNDA & ANR.-V- STATE OF ORISSA. JCRA NO.6 OF 2006 (Dt.31.08.2012) Medical evidence Value of Inconsistency between the evidence of eye witness and medical evidence Testimony of eye witness would be preferred to medical evidence unless the medical evidence completely rules out the eye witness version. Ordinarily the value of medical evidence is only corroborative It proves that the injuries could have been caused in the manner alleged by the prosecution and nothing more Defence used to prove medical evidence that the injuries could not possibly have been caused in the manner alleged and there by discredit the eye witness Evidence of a Medical Officer is relevant U/s.45 of the Evidence Act consists of two parts, i.e. (i) direct evidence and (ii) opinion evidence, Direct evidence is what the Medical Officer saw himself over the corpse/dead body and opinion evidence is that part of evidence, which relates to the weapon with which the injuries he saw might have been inflicted and the manner in which the deceased might have sustained the injuries. In the present case direct evidence of the Medical Officer shows that the injury found on the dead body may be caused by the weapon like M.O.I but his opinion is to the effect that unless the weapon like M.O.I is fitted with a long handle, the injuries sustained by the deceased may not be possible Held, this Court cannot dismiss the version of the eye witness basing on the opinion by the Medical Officer. B. EVIDENCE ACT, 1872 S.134. Plurality of evidence is not the sine-qua-non non to sustain a charge in Criminal Trial. In the present case P.W.9 is admittedly the solitary eye-witness to the occurrence and he has been corroborated by the evidence of P.Ws.2,3 & 5 Evidence of P.W.9 is enough to convict the appellant Held, appeal being without merit is dismissed. SUSANTA KU. SETHI & ORS.-V- STATE OF ORISSA & ORS. W.P.(C) NO.4008 OF 2011 (Dt.31.08.2012) A. ORISSA RESERVATION OF VACANCIES IN POSTS & SERVICES (FOR SC & ST) ACT, 1975 Ss. 6 & 7. (L. Mohapatra, J & C.R.Dash, J.) Post of Sikshya Sahayak Advertisement to fill up 1109 Posts which includes unreserved-383, SEBC-299, SC-179 and ST-248 Petitioners being S.C. Candidates applied but could not be appointed as their position in the merit list was below 179 However out of 248 seats reserved for S.T. Candidates only 10 posts were filled up and 238 posts remained vacant Petitioners prayed for appointment by way of exchange of vacancies between reserved categories of S.Cs and S.Ts as per the above provisions but the Government made de-reservation of the vacancies to be filled up by other Candidates Hence this writ petition. The post of Sikshya Sahayak neither carries a scale of pay nor any order of the Governor has been issued grouping it in any class of services so it cannot be said to be a Class-III (Group-C) or Class-IV (Group-D) post Hence proviso to Section 6 of the ORV Act will have no application Since ORV Act has been specifically made applicable for the recruitment of Sikshya Sahayak, exchange of vacancies between reserved categories of S.Cs and S.Ts should have been done by the authorities before consideration of the question of de-reservation of Scheduled Tribe vacancies Held, de-reservation made by the
32 Court Government of the vacancies meant for Scheduled Tribe is illegal Direction issued that the left out selected S.C. Candidates from the select list of 2006 including the petitioners shall be appointed in accordance with their merit against unfilled vacancies meant for Scheduled Tribes by way of exchange. B. PRECEDENT The Court did not feel bound by earlier decision as it was sans reasons and without reference to statutory rules and other provisions of law. In this case in W.P.(C) No.19149 of 2009 and the batch of writ applications the learned single Judge concluded that the writ petitioners being S.C. Candidates were not eligible to be appointed against the unfilled vacancies meant for Scheduled Tribe in view of the proviso to Section-6 of the ORV Act and no finding has been recorded as to whether the post of Sikshya Sahayak comes within Class-III or Class- IV posts and no reason has been assigned for the conclusion Held, since this Bench has given the finding that the post of Sikshya Sahayak does not come within the purview of Class-III (Group-C) or Class- IV (Group D) service is in disagreement with the earlier view expressed by the learned single Judge in the aforesaid batch of writ applications, it is not necessary to follow the said decision because it was sans reasons and without reference to statutory rules and other provisions of law and as such it has no binding force The matter also needs no reference to larger Bench. (B. K. Nayak, J.) STATE OF ORISSA & ORS. -V- ALL INDIA COUNCIL FOR TECHNICAL EDUCATION & ORS. W.P.(C) NOS.23307/2011, 11791/2012 & 11993/2012 (Dt.05.09.2012) EDUCATION Admission in to 2 nd Shift Degree Engineering Programme AICTE approved the same for the academic session 2011-2012 Action challenged by the State Government on the ground that AICTE ignored its views. AICTE considering the principle of students enrolling for higher education, which has increased the capacity of the existing institutions, approved 2 nd shift and while extending such approval it has considered the views of the State Government and took the decision Once the institution has received approval, the State Government should not have put restriction in those institutions in not reflecting the seat matrix and extended approval of the institution in the website at the time of Councelling for admission to such technical courses Held, since AICTE has taken in to consideration the views of the State Government and extended approval to the institutions, this Court is not inclined to interfere with the same. (Sanju Panda, J.) BRAJABANDHU NATH & ORS.-V- STATE OF ORISSA & ORS. W.P.(C) NO.13305 OF 2008 (Dt.07.09.2012) A. CONSTITUTION OF INDIA, 1950 ART.226. P.I.L. Scarcity of water at village Jharbeda Villagers knocked the door of this Court People of village Jharbeda and Sanmunda solely depend on the water of Satrusagar tank The portion of the tank used by the people of Jharbeda is known as Satrusagar tank and the portion used by the people of Sanmunda is known as Satrusagar MIP Satrusagar tank situated at a higher level than Satrusagar MIP which leads to drainage of all rain water towards Satrusagar MIP leaving the villagers of Jharbeda without water Hence this writ petition.
Court 33 Water shall always remain as the life line for the people As per the map under annexure-1 there was a small embankment in between the two tanks which was gradually washed away to which the Opp.Parties do not deny Held, Opp.Parties should take appropriate decision in this matter to construct an embankment between Satrusagar tank and Satrusagar MIP or make such other provisions for availability of adequate water for the villagers of Jharbeda. B. CIVIL PROCEDURE CODE, 1908 - S.11. Res judicata Order passed in the earlier writ petition has not decided any issue on contest Held, there can not be any bar for filing a fresh writ petition on the principles of res judicata. (V.Gopala Gowda, CJ & S.K.Mishra, J.) VINAYAKA MISSIONS LORD JAGANNATH INSTITUTTE OF DENTAL SCIENCE & RESEARCH, BBSR. W.P.(C) NO.16554 OF 2007 (Dt.07.09.2012) ORISSA GOVERNMENT LAND SETTLEMENT ACT, 1961 S.3-B. Settlement of Government land on lease Petitioners obtained lease for opening Dental College and Hospital within a period of one year of the lease Cancellation of lease and resumption of land although enquiry conducted at the behest of O.P.2 was in favour of the petitioner. Section 3-B of the Act provides only one ground for resumption of the land i.e. when the land is used for any purpose other than the purpose for which it was leased out Non user of lease hold land cannot be treated to be user for a purpose other than for which the lease was granted So Section 3-B cannot be resorted to for canceling the lease and resuming the land for non-user Rather the provisions in Section 111 of the T.P. Act which provides grounds for determination of lease would apply Held, impugned order of cancellation of lease of the petitioner and resumption of the said land U/s.3- B of the Act is illegal hence quashed If possession of the property has been taken over by the state the same shall be restored to the petitioner within two months. (B.P.Das, J & B.K.Nayak, J.) M/S. SHREE SHYAM ROLLER & FLOUR MILL (P) LTD.-V- OMBUDSMAN-I & ORS W.P.(C) NO.16411 OF 2011 (Dt.07.09.2012) A. ORISSA ELECTRICITY REGULATORY COMMISSION DISTRIBUTION (CONDISTIONS OF SUPPLY) CODE, 1998 CLAUSE 17. Deemed termination of agreement A responsible officer of the Opp.Party - Company intimated the petitioner that due to non-payment of arrear dues power supply was disconnected on 29.11.2003 and he was asked to take notice to immediately comply with the arrear outstanding against him failing which the agreement shall be terminated w.e.f. 28.02.2004 without further notice as per Clause 17 of the above Code Once the Company has taken a view that the agreement has been terminated for non payment of outstanding dues it cannot later on claim that such communication was made under a bonafide erroneous impression and the petitioner is liable to pay Rs.12,32,000/- for the period he has not consumed electricity In other words a person/authority who approbates cannot reprobate. Held, impugned orders along with the letter Dt.11.02.2009 asking the petitioner to pay Rs.12,32,000/ - are quashed Direction issued to refund the security deposit of Rs. 3,90,034/- to the petitioner within six weeks from the date of communication of the order to the Opp.Parties failing which it shall carry 6% interest from the date of termination of contract i.e. 28.02.2004.
34 Court B. ELECTRICITY ACT, 2003 (ACT NO.36 OF 2003) S.56 (2). Electricity dues Default in payment Recovery of Licensee or the generating company has right to disrupt power supply U/s.56 (1) of the Act Section 56 (2) only provides a limitation, that the recourse to recovery by cutting of electricity supply is limited for a period of two years from the date when such sum became due This is a special mechanism provided to enable the licensee or the generating company to recover its dues expeditiously Held, the argument advanced by the petitioner that the amount claimed by the licensee is barred by limitation U/s.56(2) of the Act and no such amount can be recovered if period of two years has elapsed. (S. K. Mishra, J.) MOCHI BISOYI & ORS.-V- UNION OF INDIA F.A.O. NO.53 OF 2012 (Dt.10.09.2012) RAILWAYS ACT, 1989 Ss.123 (c), 124-A. Untoward incident Deceased boarded Malwa Express on 06.01.2008 from New Delhi to Jammu Tawi He went to toilet around 1.30 A.M. on 07.01.2008 and did not return to his seat Information received that a man had fallen from Malwa Express and died near Kathua Railway Station Police kept his dead body in mortuary A.W.2 a companion of the deceased went to the mortuary and identified the dead body of the deceased Evidence of A.W.2 gets corroboration from daily diaries Dt.07.01.2008 and 09.01.2008 in P.P.G.R.P., Budhi Held, impugned order rejecting the claim application is set aside Since the deceased died due to accidental fall from the running train, direction issued to the Railway administration to pay Rs.4,00,000/- as compensation to the claimants. (B. K. Patel, J.) PARADEEP PHOSPHATES MAZOOR UNION & ANR.-V- STATE OF ORISSA & ANR. O.J.C. NO.7464 OF 2000 (Dt.17.09.2012) A. CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970 S.10(1). Abolition of contract labour in respect of the workers in DAP Plant of P.P.L. (O.P.2) Workers completed 15 years of service in one establishment Their duty is clearing of granulation dry section and cleaning in combustion chamber etc. State Advisory Contract Labour Board recommended prohibition of Contract Labour system Government Notification prohibiting employment of Contract Labour in the DAP Plant of PPL Despite the notification P.P.L. continued to treat the workers as contract labourers Hence the writ petition. Once there is prohibition by the State government the only course left with P.P.L. to treat those workers as regular employees Plea of the O.P.2 that Central Government is the appropriate Government in the present case was negatived by this Court Held, the work in the DAP Plant of PPL being perennial in nature can be brought under the purview of prohibited categories of employment under the Act Direction issued to PPL (O.P.2) to regularize the workers engaged in the DAP Plant. B. CIVIL PROCEDURE CODE, 1908 S.11. Res judicata O.P.2 raised that in this case Central government is the appropriate government and not the State Government In earlier writ petitions between the self same parties neither the O.P. nor any other petitioners raised the question that the State government is not the appropriate Government Held, the contention that the Central government is the appropriate Government is hit by the principles of res judicata as provided under Explanation IV of Section 11 of the Code. (V. Gopala Gowda, CJ & S. K. Mishra, J.)
Court 35 SRIKARA MAJHI & ANR.-V- D.M., UNITED BANK OF INDIA & ORS. W.P.(C) NOS.22004/2011 & 7743/2012 (Dt.20.09.2012) SECURITISATION & RECONSTRUCTION OF FINANCIAL ASSETS & ENFORCEMENT OF SECURITY INTEREST ACT, 2002 S.13. Orissa State Civil Supplies Corporation (Petitioner) has some dues on the owner of M/s. Maa Rice Mill (O.P.3) Petitioner initiated proceeding under the O.P.D.R. Act for realization of such dues Properties sought to be attached by the corporation are mortgaged with the Bank (O.P.1) for obtaining the loan Question is whether the corporation can seek attachment of the properties mentioned in the certificate when such property is mortgaged with the Bank. In this case the petitioner-corporation is registered under the companies Act hence not a state So principle of crown debt or principle of priority have no application Held, the properties having been mortgaged with the bank, the bank has a right to sell the properties to recover its dues The corporation has no right over the said properties. (L. Mohapatra, J & C.R.Dash, J.) SADHU CHARAN BISWAL-V- BOMBAY CARDIO VASCULAR & SURGICAL PVT. LTD. & ORS. W.P.(C) NO.16953 OF 2011 (Dt.21.09.2012) CIVIL PROCEDURE CODE, 1908 - ORDER 1, RULE 10. Impletion of Party Pendente lite purchaser Locus standi Pendente lite purchaser can be added as a proper party if his interest in the subject matter of the suit is substantial and not just peripheral. In this case O.P.1 was a bona fide transferee for value in good faith Transferee pendent elite of an interest in inmorable property is a representative-in-interest of the property from when he has acquired that interest Held, O.P.1 is a roper party to the suit and the learned trial Court has rightly allowed his prayer to be impleded as a party to the suit. (B. K. Misra, J.) BAIRAGI CHARAN NAYAK & ORS.-V- STATE OF ORISSA & ORS. W.P.(C) NO.12566 OF 2005 (With Batch) (Dt.24.09.2012) ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987 (ACT NO.52 OF 1987) - S.10 (k). Deemed University established U/s.3 of the UGC Act Whether it is required for a Deemed University to obtain prior approval of AICTE to conduct technical education courses of its choice Held, prior approval of AICTE is not required for a Deemed University to start any new department or course or programme in technical education However Universities are bound to conform the standards and norms laid down by the AICTE following the guidelines/regulations issued by the Central Government. (V. Gopala Gowda, CJ & B.N.Mahapatra, J.)
36 Court PAWAN KUMAR BHAWSINKA-V- M/S. SATYAM REAL ESTATE DEVELOPERS PVT. LTD. & ORS. COPET NO. 21 OF 2007 (Dt.24.09.2012) COMPANIES ACT, 1956 Ss. 433, 434 & 439 Winding up proceeding Petitioner filed petition for winding up of the Opp.Party-company Issue involved in respect of supply of goods and payment of outstanding debts of the Opp.Party company to the petitioner which has been disputed by the Opp.Party-company Held, winding up proceeding should not be allowed to be used for recovery of payment which is disputed by the Opp.Party-company. (B. P. Das, J.) SABAN MAJHI -V- STATE OF ORISSA & ORS. W.P.(CRL) NO.154 OF 2012 (Dt.26.09.2012) A. JUVENILE JUSTICE (CARE & PROTECTION OF CHILDREN) ACT, 2000 Ss. 7-A. Juvenile in conflict with law Conviction of petitioner along with others for the offence of gang rape and murder Question of juvenility raised after his conviction by the trial Court and confirmed by the High Court - On inquiry Juvenile Justice Board found the petitioner a juvenile on the date of commission of the offence In view of the provisions contained in Section 7-A, 15, 20 & 64 read with Section 2(1) and 2(k) of the Act, no useful purpose shall be served by sending the matter back to the Juvenile Justice Board, Keonjhar which would result in further illegal detention of the petitioner for some more days Petitioner suffered the sentence more than the period prescribed U/s.15 of the Act Held, direction issued for release of the petitioner from prison if he is not required in any other case. B. CONSTITUTION OF INDIA, 1950 ART.226, 227. Writ jurisdiction Petitioner convicted U/s.302 and 376 (2) (g) I.P.C. along with others He claims juvenility for the first time after his conviction confirmed in appeal by this Court Cogent materials available for the prima facie satisfaction of the Court Age of the juvenile and the benefit of the Act for the juvenile not raised and considered in appeal Held, this Court can consider the claim of juvenility in exercise of its writ jurisdiction even after disposal of the appeal. (L. Mohapatra, J & C.R.Dash, J.) 0
Court 37 MAJOR EVENTS 1. Observance of Foundation Day of Orissa High Court. 26th July of every year is observed as Foundation Day of Orissa High Court. This year also 65th Foundation Day was observed on 26.7.2012 in the Court premises. Hon ble the Chief Justice, Hon ble Judges of the Court and Members of the Bar offered floral tributes to the Statue of Justice Bira Kishore Ray as a mark of respect to the revered soul. All the officers and staff of the Court also attended the ceremony. On the said occasion, an Album containing the photographs of Hon ble Chief Justices and Hon ble Judges of the Court from the year 1948 till 26th July, 1012 was published. 2. Inauguration of the New Bungalow for the residence of Hon ble the Chief Justice The new Bungalow for the residence of Hon ble the Chief Justice was inaugurated by Hon ble Shri Justice V.Gopala Gowda, Chief Justice, Orissa High Court on 5.8.2012 in presence of Hon ble Judges of the Court. 3. Celebration of Independence Day. Independence Day in the High Court premises was celebrated on 15.8.2012. Hon ble Shri Justice V.Gopala Gowda, the Chief Justice of Orissa High Court hoisted the National Flag. Hon ble Judges of the Court, Officers of the Court, Members of the Orissa High Court Bar Association and Staff of the Court graced the said occasion. 4. Inauguration of the Kathajodi Campus of National Law University, Odisha On 4 th August 2012, NLUO s Kathajodi Campus, which is gorgeously positioned with flowing rivers (Mahanadi and Kathajodi rivers) on both sides, was inaugurated by Shri Naveen Patnaik, Hon ble the Chief Minister of Odisha in the presence of Hon ble Shri Justice Altamas Kabir, now Chief Justice of India (the then Judge, Supreme Court of India), Hon ble Shri Justice Ananga Kumar Patnaik, Judge, Supreme Court of India and Hon ble Visitor of National Law University Odisha, Hon ble Shri Justice A.K Ganguly, Former Judge, Supreme Court of India, Hon ble Shri Justice V.Gopala Gowda, Chief Justice, Orissa High Court and Hon ble Chancellor, National Law University Odisha and the Vice-Chancellor of the University, Prof. (Dr.) Chandra Krishnamurthy and many eminent persons from the Bar and Bench. 5. Inauguration of the District & Sessions Judge Court at Nuapada The District & Sessions Judge Court at Nuapada was inaugurated by Hon ble Shri Justice C.R.Dash, Judge, Orissa High Court on 7.7.2012 in presence of Judicial Officers and Members of the Bar. 6. Inauguration of the District & Sessions Judge Court at Rayagada The District & Sessions Judge Court at Rayagada was inaugurated by Hon ble Shri Justice B.N.Mahapatra, Judge, Orissa High Court on 7.7.2012 in presence of Hon ble Shri Justice B.K.Misra, Judge, Orissa High Court and Members of the Bar.
38 Court 7. Inauguration of the District & Sessions Judge Court at Angul The District & Sessions Judge Court at Angul was inaugurated by Hon ble Shri Justice V.Gopala Gowda, Chief Justice, Orissa High Court on 31.7.2012 in presence of Hon ble Shri Justice B.P.Das and Hon ble Shri Justice B.K.Misra, Judges of Orissa High Court and Members of the Bar. 8. Inauguration of new Court Building at Pattamundai The new Court Building at Pattamundai was inaugurated by Hon ble Shri Justice V.Gopala Gowda, Chief Justice, Orissa High Court on 21.9.2012 in presence of Hon ble Shri Justice B.P.Das Judge, Orissa High Court. 9. Inauguration of the Court of Civil Judge (Sr. Divn.) at Umarkote. The Court of Civil Judge (Sr. Division) at Umarkote was inaugurated by Hon ble Shri Justice B.K.Misra, Judge, Orissa High Court on 6.8.2012 in presence of Hon ble Sports and Youth Affairs Minister Shri Ramesh Chandra Majhi, local M.P., M.L.A. and Members of the Bar. 0 ACTIVITIES OF HIGH COURT LEGAL SERVICES COMMITTEE 1. The 10th High Court Mega Lok Adalat was held on 28.7.2012 in which Hon ble Shri Justice L.Mohapatra, Chairman, High Court Legal Services Committee, Hon ble Shri Justice P.K.Mohanty, Hon ble Shri Justice B.N.Mahapatra, Hon ble Shri Justice S.C.Parija and Hon ble Shri Justice S.K.Mishra presided over the Lok Adalat Benches. In the above Lok Adalat 158 cases are disposed of which includes MACA Appeals, Writ Petition and Land Acquisition cases by way of compromise. The General Insurance Companies agreed to pay Rs. 1,14,39,460/- only as compensation. 2. During the period under report, 46 applicants have been provided with the benefit under the scheme of Legal Aid and advice by the High Court Legal Services Committee to file and defend their cases in the High Court. Similarly, 33 Legal Aid Counsels have been paid their honorarium dues during the month of October, 2012. 0
Court 39 e-courts Project in Odisha In our State a Steering Committee under the chairmanship of Hon ble Shri Justice M.M. Das and Hon ble Shri JIn our State a Steering Committee under the chairmanship of Hon ble Shri Justice M.M. Das and 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, Dr. A. K. Misra. 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. 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. 4. 41 nos. of Diesel Generator sets are already provided while further 48 nos. of Diesel Generator sets are ordered to be delivered. 5. 14 nos. of System Officers and 28 nos. of System Assistants have been deployed at District level to provide the technical support. 6. Successful data entry is going on at fifty three Court Complexes. PRESENT STATUS OF IMPLEMENTATION OF E-COURTS PROJECT
40 Court DEVELOPMENT OF INFRASTRUCTURE FOR THE HIGH COURT OF ORISSA AND THE SUBORDINATE JUDICIARY DURING THE FINANCIAL 2012-13 INFRASTRUCTURAL DEVELOPMENT FOR ORISSA HIGH COURT Construction of New Building of Orissa High Court The new building of the Orissa High Court is going to be inaugurated on the 11 th of November, 2012. INFRASTRUCTURAL DEVELOPMENT FOR SUBORDINATE JUDICIARY The Government of Odisha have in the mean time released funds, provided in the Annual Budget Estimate under State plan for development of infrastructure during the financial year 2012-13 for three number of continuing projects, namely, Construction of Court Building for the J.M.F.C. at Daringibadi. Construction of Court Building for the J.M.F.C. at G. Udayagiri. Construction of Court Building for the Civil Judge (Sr. Divn.) and S.D.J.M. at Bonai. These apart, the Government of Odisha have also made budgetary provision of funds for development of infrastructure in the Annual Budget Estimate during the financial year 2012-13. The projects to be taken up during the current financial year are as follows: Construction of 2 nd and 3 rd Floor of the Extended Civil Court Building at Bhubaneswar for functioning of C.B.I. Courts. Construction of Court Building for Civil Judge (Sr. Divn.) at Nilgiri. Construction of Court Building for J.M.F.C. at Saintala. Construction of Court Building for Civil Judge (Sr. Divn.) at Athamallik. Construction of Court Building for J.M.F.C. at Buguda. Construction of Court Building for Civil Judge (Sr. Divn.) at Kamakshyanagar. Extension of Court Building at Berhampur for functioning of the Courts of Special Judicial Magistrate and 6 no. of J.M.F.C. / J.M.S.C. Repair of Court Building at Soro. Repair / renovation of S.D.J.M. Court Building at Hindol. Special repairs to District Judge Court Building at Sambalpur. Special repairs to Civil Court Building at Sambalpur such as providing G.C.T. Sheet roofing over existing roof for 2011-12. Renovation of District Court Building at Sundargarh. (Part I) Renovation of District Court Building at Sundargarh. (Part II) Renovation of C.J.M. Court Building at Jagatsinghpur. Construction of Court Room at Madanpur Rampur. Special repairs to District Civil & Sessions Court Building at Berhampur. 0
Court 41 ACTIVITIES OF ORISSA STATE LEGAL SERVICES AUTHORITY 1. Establishment of Legal Aid Clinic As per the Reg.3 of National Legal Services Authority (Legal Aid Clinics) Regulation, 2011, the District Legal Services Authority shall establish legal aid clinics in all villages, or for a cluster of villages, depending on the size of such villages especially where the people face geographical, social and other barriers for access to the legal services institutions. Keeping in view of above provision, the Odisha State Legal Services Authority in association with District Legal Services Authority, Cuttack established Ist Legal Aid Clinic in Village Katakia Sahi of Athagarh Sub-division, Cuttack on 04.08.2012 The said Clinic was inaugurated by Hon ble Mr.Justice Altamas Kabir, Chief Justice, Supreme Court of India & the then Executive Chairman, NALSA in the august presence of Shri Naveen Patnaik, Hon ble Chief Minister, Odisha, as Chief Guest, Hon ble Mr.Justice A.K.Patnaik, Judge, Supreme Court of India & Chairman, Supreme Court Legal Services Committee, Hon ble Shri Justice V.Gopala Gowda, Chief Justice of Orissa High Court & Patron-in-Chief, OSLSA, Hon ble Mr.Justice A.K.Ganguly, Former Judge, Supreme Court of India & Chairman, Human Rights Commission, West Bengal, Shri Kalpataru Das, Hon ble Minister of Panchayati Raj, Odisha, Hon ble Shri Justice B.P.Das, Judge, Orissa High Court & Executive Chairman, OSLSA, Hon ble Shri Justice L.Mohapatra, Judge, Orissa High Court & Chairman, Orissa High Court Legal Services Committee, Shri Bhartruhari Mahatab, Hon ble Member of Parliament, Cuttack and Shri Ranendra Pratap Swain, Hon ble Member of Legislative Assembly, Athagarh.. The Member Secretary, NALSA Sri U.Sarathchandran, Sri S.Pujahari, District Judge-cum-Chairman, DLSA, Cuttack, Collector, Cuttack were also present. The programme ended with vote of thanks delivered by Sri B.C.Rath, Member Secretary, Odisha State Legal Services Authority. The object of the establishment of such Clinic is that the trained Para Legal Volunteers engaged in the legal aid clinics shall provide initial advice to the persons seeking legal service, help such people, especially the illiterate, in drafting petitions, representations or notices and filling up the application forms for various benefits available under the government schemes. 2. Para Legal Volunteer Scheme The Odisha State Legal Services Authority, in association with District Legal Services Authority, Mayurbhanj at Baripada organized an Orientation Programme under A2J Project of GOI-UNDP for Training of Trainers for Para-Legal Volunteers & Training Programmes of Para Legal Volunteers at the Conference Hall of DRDA, Mayurbhanj-Baripada on 01.07.2012. The said Orientation Programme was inaugurated by Hon ble Shri Justice B.P.Das, Judge, Orissa High Court & Executive Chairman, OSLSA. His Lordship addressed the participants and also released the books on different laws prepared in vernacular language by this Authority and the Diary meant for the Para Legal Volunteers. The Orientation Programme was followed by different training session. The Officers of the Govt.of India, Law and Justice, Department of Justice, representatives of UNDP, the District Judge, Mayurbhanj at Baripada and Shri B.C.Rath, Member- Secretary, OSLSA were present in the function. Sri Rath delivered the welcome address and the District Judge, Mayurbhanj gave the vote of thanks. 3. Legal Literacy/Awareness Campaign At- State Level (i) The Odisha State Legal Services Authority in association with Department of Health & Family Welfare, Govt.of Orissa with support from UNFPA organized a Colloquium on Strengthening Implementation of PCPNDT Act, 1994 in the Mayfair Convention, Bhubaneswar on 26.09.2012 for District Collectors-cum-District Appropriate Authorities & Members of District Advisory Committees. The said Colloquium was inaugurated by Shri Naveen Patnaik, Hon ble Chief Minister, Odisha, Hon ble Shri Justice V.Gopala Gowda, Chief Justice of Orissa High Court & Patron-in-Chief, OSLSA, Dr.Damodar Rout, Hon ble Minister, Health & Family Welfare, Odisha, Hon ble Shri Justice B.P.Das, Judge, Orissa High
42 Court Court & Executive Chairman, OSLSA, Ms.Frederika Meijer, UNFPA India Representative and Shri P.K.Mohapatra, IAS,Commissioner-cum-Secretary, Department of Health & Family Welfare,Government of Odisha graced the event. This Colloquium was divided into five Sessions during which the Participants were addressed on different topics by the Resource Persons. (ii) The Odisha State Legal Services Authority in association with Department of Health & Family Welfare, Govt.of Orissa with support from UNFPA organized a Workshop for Non Government Organizations on PC PNDT Act at Berhampur on 14.07.2012. (iii) The Odisha State Legal Services Authority in association with Department of Health & Family Welfare, Govt.of Orissa with support from UNFPA organized an Orientation Programme of Legal Aid Functionaries for organizing College Level Activities on Value the Girl Child (of the districts of Nayagarh, Dhenkanl, Angul, Ganjam, Khurda, Cuttack, Sambalpur, Kendrapara, Jajpure and Puri) on 11.8.2012 at Hotel Dwaraka, Cuttack. At-District & Taluk Level During the above quarter, the field units i.e 30 District Legal Services Authorities and 73 Taluk Legal Services Committees organized 214 no.of Legal Literacy/Awareness Camps in relation to women and children in need of care and protection, legal literacy classes in Jails on the subject Plea Bargaining, legal literacy classes in colleges on anti-ragging laws, pre-natal sex selection and on Pre-Natal Diagnostic Technique (PNDT) Act, legal literacy camps for Scheduled Castes and Scheduled Tribes and forest dwellers, awareness camps about the availability of free legal services in the Supreme Court of India, as per National Plan of Action and Calendar for activities of NALSA drawn for 2012-2013. 4. Lok Adalats (i) At-State Level During the period from July, 2012 to September, 2012, 04 State Level Lok Adalats were held, one each at Bhadrak, Dhenkanal, Cuttack and Bhubaneswar on 7.4.2012, 14.7.2012, 18.8.2012 and 22.9.2012 respectively, in which total 652 number of Motor Accident Claim Cases and 81 matrimonial cases have been settled/disposed of on conciliation and a total sum of Rs.12,37,28,092/- has been awarded as Compensation (ii) At High Court Level During the above quarter, the High Court Legal Services Committee has organized a Mega Lok Adalat in the High Court Premises on 28.7.2012, in which, total 158 number of cases have been disposed of which include OJC/Writ Petition(c)-87, Land Acquision/FA/RFA-19 and Motor Accident Claims Appeals- 52, and a sum of Rs.1,14,39,460/- has been awarded as Compensation in the above MACAs. (iii) At-District & Taluk Level During the above quarter, 233 no. of District and Taluk Level Lok Adalats have been organized by the field units. In the above District and Taluk Level Lok Adalats, in total 56,539 no.of cases have been disposed of which consisted of Civil-680, Criminal-27584, Revenue-23862, Matrimonial-30, Bank-4019, BSNL-290, and MACT-74. A sum of Rs.46,24,652/- towards Criminal fine and Rs.92,36,085/- as Revenue have been collected in the said Lok Adalats. Further, a sum of Rs.1,53,35,500/- has also been awarded as Compensation in the MACT cases disposed of in the said District and Taluk Level Lok Adalats 5. Intensive Training Programme on Mediation With the kind approval of the Hon ble High Court of Orissa, the Odisha State Legal Services Authority has organized an Intensive Training Programme on Mediation for Referral Judges at KIIT University, Bhubaneswar on 22.09.2012, in which, 23 number of Judicial Officers in the cadre of Senior Civil Judge nominated by the Hon ble Court were imparted training on mediation. Besides above, this Authority has also organized an Intensive Training Programme on Mediation for Advocate-Mediators from 23.09.2012 to 27.09.2012, in which 54 numbers of Advocates-Mediators
Court 43 nominated by the different District Court Bar Associations were imparted training on mediation. Expert Trainers from Tamilnadu Mediation Centre deputed by Mediation and Conciliation Project Committee, New Delhi imparted training to the Judicial Officers and Advocates. 6. Permanent Lok Adalats (for Public Utility Services(U/s.22-B of the L.S.Act) During the above period, the Odisha State Legal Services Authority established a Permanent Lok Adalat for Public Utility Services on 29.09.2012 at Bhawanipatna. Hon ble Shri Justice C.R.Dash, Judge, Orissa High Court was pleased to inaugurate the said Permanent Lok Adalat at Bhawanipatna. The said P.L.A shall exercise jurisdiction over the Revenue District(s) as mentioned below. Place of sitting Jurisdiction over the districts Bhawanipatna(Kalahandi) Kalahandi & Nuapara During the period under report, 291 number of cases relating to Public Utility Services were registered in the Eleven Permanent Lok Adalats, out of which, 151 no. of cases were settled. 0 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 V.Gopala Gowda, Chief Justice 2. Hon ble Shri Justice B.P.Das. 3. Hon ble Shri Justice P.K.Mohanty 4. Hon ble Shri Justice M.M.Das 5. Hon ble Shri Justice I.Mahanty 6. Hon ble Shri Justice B.K.Patel 7.7.2012 19.8.2012 26.8.2012 7.7.2012 7.7.2012 7.7.2012 23.9.2012 26.8.2012 15.9.2012 & 16.9.2012 Attended the 3rd National Conference on Mediation at Vigyan Bhawan, New Delhi Attended the programme at N.J.A., Bhopal Attended the Judicial Conference at Ranchi Attended the 3rd National Conference on Mediation at Vigyan Bhawan, New Delhi Attended the 3rd National Conference on Mediation at Vigyan Bhawan, New Delhi Attended the 3rd National Conference on Mediation at Vigyan Bhawan, New Delhi Attended the Official Meeting of Chairpersons of the Computer Committee of all the High Court in the Conference Hall of Supreme Court of India, New Delhi Attended the Judicial Conference at Ranchi Participated the National Conference of High Court Judges at N.J.A., Bhopal
44 Court Sl. No. Date of Programme 1. 2.7.2012 to 5.7.2012 2. 14.7.2012 to 15.7.2012 3. 23.7.2012 to 26.7.2012 4. 28.7.2012 & 29.7.2012 ACTIVITIES OF ORISSA JUDICIAL ACADEMY Name of the Programme No. of Officers Nominated/ Present (Rank Wise) Participants Training Programme for Public Prosecutors 28/22 All are P.Ps. Refresher Programme on Poverty, Social Exclusion, Welfare Programmes and Access to Justice : Role of District Judiciary 25/21 D.J.= 7, A.D.J.= 14 Training Programme for Public Prosecutors 28/28 All are P.Ps. Refresher Programme on The Struggle for Equality, Social Change and Social Justice : Contribution of Courts 25/24 DJ=4, ADJ=1, CJM=6, CJ(SD)=3, SDJM & CJ =10 5. 2.8.2012 to Training of Public Prosecutors 25/23 All are Asst. P.Ps. 5.8.2012 6. 11.8.2012 & Refresher Programme on Enhancing Timely 25/25 CJM. = 12, 12.8.2012 Justice Sr. CJ = 13 7. 18.8.2012 Refresher Programme on Adjudication of to Commercial and Economic Cases 19.8.2012 25/25 DJ=5, ADJ=19, ALR-cum-ASL=1 8. 21.8.2012 & Training Programme for Public Prosecutors 30/25 All are P.Ps. 25.8.2012 9. 25.8.2012 & Refresher Programme on Environmental and 26.8.2012 Wildlife Protection; Current Issues & Challenges 25/23 DJ=3,ADJ=2, CJM=2, CJ(SD)=6,PO(IT)=1, SDJM & CJ= 9 10. 29.8.2012 & Training of Public Prosecutors 32/31 All are 30.8.2012 Court Managers 11. 3.9.2012 to Training Programme for Public Prosecutors 30/29 All are Asst. 6.9.2012 P.Ps. 12. 8.9.2012 & Refresher Programme on 25/21 DJ=11, ADJ=7, 9.9.2012 SC/ST and Social Reform Cases Chairperson PLA = 3 13. 11.9.2012 to Training Programme for Public Prosecutors 30/29 All are Asst. 14.9.2012 P.Ps. 14. 15.9.2012 to Refresher Programme on Criminal Adjudication : 25/23 DJ= 8, ADJ=15 16.9.2012 (Sessions Cases) 15. 22.9.2012 to Refresher Programme on Criminal Adjudication 25/18 DJ= 7, ADJ=11 23.9.2012 under Special Laws with reference to Economic Offence & NDPS Offences 16. 24.9.2012 to Training Programme for Public Prosecutors 30/25 All are Asst. 28.9.2012 P.Ps. 17. 29.9.2012 to Refresher Programme on Juvenile Justice (CPC) 25/25 CJM=14, 30.9.2012 Act & Rules for the in-service Judicial Officers SDJM=10
Inauguration of District & Sessions Court at Nuapada on 07.07.2012 by Hon ble Shri Justice C.R. Dash, Judge of Orissa High Court. Inauguration of Court of Civil Judge (SD) at Umerkote on 06.08.2012 by Hon ble Shri Justice B.K. Misra, Judge, Orissa High Court. Colloquium on Strengthening Implementation of PC PNDT Act, 1994 for District Collectors-cum-District Appropriate Authorities & Members of District Advisory Committees in the Mayfair Convention, Bhubaneswar on 26.09.2012 organised by OSLSA in association in association with Department of Health & Family Welfare, Govt.of Odisha.
Hon ble Mr.Justice Altamas Kabir, Chief Justice, Supreme Court of India (the then Executive Chairman, NALSA) inaugurating the Village Legal Aid Clinic of the State at Katakia Sahi of Athagarh Sub-division, Cuttack on 04.08.2012. Hon ble Mr.Justice Altamas Kabir, Chief Justice, Supreme Court of India (the then Executive Chairman, NALSA) interacting with Hon ble Shri Justice V.Gopala Gowda, Chief Justice of Orissa High Court and Hon ble Shri Justice B.P.Das, Judge, Orissa High Court on the occasion of inauguration of Village Legal Aid Clinic of the State at Katakia Sahi of Athagarh Sub-division, Cuttack on 04.08.2012.
Inauguration of National Law University (Kathajodi Campus), Odisha, Cuttack on 04.08.2012 by Hon ble Shri Naveen Patnaik, the Chief Minister of Odisha in the presence of Hon ble Shri Justice Altamas Kabir, Chief Justice of India (the then Judge, Supreme Court of India), Hon ble Shri Justice Ananga Kumar Patnaik, Judge, Supreme Court of India and Hon ble Visitor of National Law University Odisha, Hon ble Shri Justice A.K Ganguly, Former Judge, Supreme Court of India, Hon ble Shri Justice V.Gopala Gowda, Chief Justice, Orissa High Court and Hon ble Chancellor, National Law University Odisha and the Vice-Chancellor of the University, Prof. (Dr.) Chandra Krishnamurthy Printed at Graphic Art Offset Press, Cuttack-1