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Swearing-in-Ceremony of Hon'ble Shri Justice Vinod Prasad as Judge
of Orissa High Court on 02.07.2014. Honble Shri Justice Pradip Kumar Mohanty,
Senior Most Judge of the Court administering the Oath to His Lordship
Swearing-in-Ceremony of Hon'ble Shri Justice Amitava Roy as Chief Justice
of Orissa High Court on 06.08.2014. His Excellency Dr. S.C.Jamir, Governor
of Odisha administering the Oath to His Lordship
Editorial Board Honble Shri Justice I.Mahanty Honble Shri Justice B.K.Patel
(i)
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Swearing-in-Ceremony of Hon'ble Shri Justice Biswanath Rath as Addl. Judge
of Orissa High Court on 02.07.2014. Honble Shri Justice Pradip Kumar Mohanty,
Senior Most Judge of the Court administering the Oath to His Lordship
Swearing-in-Ceremony of Hon'ble Shri Justice Sangam Kumar Sahoo as Addl. Judge
of Orissa High Court on 02.07.2014. Honble Shri Justice Pradip Kumar Mohanty,
Senior Most Judge of the Court administering the Oath to His Lordship
Swearing-in-Ceremony of Hon'ble Shri Justice Pramath Patnaik as Addl. Judge
of Orissa High Court on 24.09.2014. Honble Shri Justice Amitava Roy, Chief Justice,
Orissa High Court administering the Oath to His Lordship
(ii)
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MESSAGE
Judiciary being a constitutionally envisaged institution of our democraticpolity, it is pledged to the sacrosanct preambular commitments of justice, liberty,equality and fraternity. Rule of law guarantees its protective succour to thelowliest, lost and the last in the societal order. Development of an individualpostulates conditions in which every person can enjoy, exercise and utilize hisor her potential to the fullest extent and actualize their legitimate aspirations.
Axiomatically, apart from the curial dispensations, auxiliary institutionalenterprises do essentially inform and diversify the justice delivery mechanism.All round events encompassing such activities thus attest the functional progressof the institution. The periodical News Letter keeps the consumers of justiceabreast with the various facets of the institutional achievements and engendersa sense of collective oneness. The updates, apart from being the indices of thecontributions of the stakeholders, motivate introspection for enhanced endeavoursto better the accomplished. The desideratum is for resolved and unifiedinstitutional strivings as an integrated unit of all the duty holders.
The present issue, I believe, is a step ahead in this comprehension.
(Amitava Roy)
JUSTICE AMITAVA ROY
CHIEF JUSTICE RESIDENCECANTONMENT ROAD, CUTTACK - 753 001
Phone : (0671) 2507808 (Off.) 2301703 (Res.) 2301505 (Res.)
Fax : 0671 - 2301703 (Res) 0671 - 2508446 (Off)
October 13, 2014
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CONTENTS
01. Names of Honble the Chief Justice and Honble ... 02Judges of Orissa High Court at present.
02. Sanctioned strength & vacancies in Orissa High Court. ... 03
03. Institution, Disposal and Pendency of Cases in the High Court ... 03from 1.07.2014 to 30.09.2014
04. Sanctioned strength & vacancies in District & Subordinate Courts ... 03
05. Outlines of some recent Orissa High Court Judgments ... 04
06. Major Events ... 18
07. e-Courts Project in Odisha ... 20
08. Programmes attended by Honble Judges of ... 21Orissa High Court at Bhopal & other places.
09. Activities of High Court Legal Services Committee ... 21
10 Activities of Orissa State Legal Services Authority ... 22
11. Activities of Orissa Judicial Academy ... 23
12. Institution, Disposal and Pendency of Cases in ... 24District & Subordinate Courts from 1.07.2014 to 30.09.2014
13. Institution, Disposal and Pendency of Cases ... 32in the Family Courts of the state from 1.07.2014 to 30.09.2014
14. Infrastructural Development ... 32
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Elevation of Honble Shri Justice Pramath Patnaikas Additional Judge of Orissa High Court
Date of Birth : 14.06.1959
Date of appointment as Addl. Judge of Orissa High Court : 24.09.2014
*
HONBLE JUDGES OF THE ORISSA HIGH COURT
HONBLE THE CHIEF JUSTICE
Honble Shri Justice Amitava Roy, M.Sc., LL.B.
HONBLE JUDGES
*
Honble Shri Justice Pradip Kumar Mohanty, LL.B.
Honble Shri Justice Vinod Prasad, LL.B.
Honble Shri Justice Indrajit Mahanty, LL.M.
Honble Kumari Justice Sanju Panda, B.A., LL.B.
Honble Shri Justice Biswanath Mahapatra, M.A., LL.B., PGDTL.
Honble Shri Justice Bhabani Prasad Ray, B.A.,LL.B.
Honble Shri Justice Subhash Chandra Parija, LL.B.
Honble Shri Justice Bijaya Krishna Patel, M.A., LL.B.
Honble Shri Justice Bijaya Kumar Nayak, LL.M.
Honble Shri Justice Sanjaya Kumar Mishra, M.A., LL.B.
Honble Shri Justice Chitta Ranjan Dash, LL.M.
Honble Shri Justice Raghubir Dash, B.A., LL.B.
Honble Dr. Justice Akshaya Kumar Rath, LL.M., Ph.D.
Honble Shri Justice Biswajit Mohanty, M.A., LL.B.
Honble Dr. Justice Bidyut Ranjan Sarangi, B.Com.(Hons), LL.M., Ph.D.
Honble Shri Justice Debabrata Dash, B.Sc. (Hons.), LL.B.
Honble Shri Justice Satrughana Pujahari, B.A. (Hons.), LL.B.
Honble Shri Justice Biswanath Rath, B.A., LL.B.
Honble Shri Justice Sangam Kumar Sahoo, B.Sc., M.A. (Eng.), M.A.(Oriya), LL.B.
Honble Shri Justice Pramath Patnaik, M.A., LL.B.
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SANCTIONED STRENGTH & VACANCIES IN HIGH COURT(As on 30.09.2014)
Sanctioned Strength Working Strength Vacancies
17 + 5* = 22 17 + 4* = 21 1*
* Addl. Judges
INSTITUTION, DISPOSAL AND PENDENCY OF CASES IN THE HIGH COURT(From 01.07.2014 to 30.09.2014)
SANCTIONED STRENGTH & VACANCIES INDISTRICT AND SUBORDINATE COURTS AS ON 30.09.2014
Pendency as on01.07.2014
Institution duringthe period
Total disposalduring the period
Pendency as on30.09.2014
Civil Criminal Civil Criminal Civil Criminal Civil Criminal
169557 38471 10585 10137 11081 12763 169061 35845
208028 20722 23844 204906
Name of the Cadre SanctionedStrength
PresentStrength
Sl. No. Vacancies
1. District Judge
2. Sr. Civil Judge
3. Civil Judge (including Gram Nyayalayas)
164 137 27
189 147 42
319 280 39
4. Special Judicial Magistrates 18 07 11
Total 690 571 119
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OUTLINES OF SOME RECENT ORISSA HIGH COURT JUDGEMENTSNURI SAHAJI & ORS. -V- STATE OF ORISSA & ORS.
CRLMC. NO.502 OF 2010 (03.07.2014)
CRIMINAL PROCEDURE CODE, 1973 - S. 482
Quashing of Criminal Proceeding Pursuant to the order of this Court, the statement of the allegedvictim was recorded by the learned J.M.F.C., Bhadrak U/s.164 Cr. P.C. Statement shows that both thepetitioners and O.P.3 (victim) are living with cordial relationship Held, continuance of the above criminalproceeding any further would not serve any fruitful purpose since there is very little chance of convictionin the said case Impugned criminal proceeding in G.R. Case No.1079/08 arising out of Dhusuri P.S.Case No.89/08, pending in the Court of learned S.D.J.M., Bhadrak is quashed.
(I. Mahanty, J.)
I. B. ENTERPRISES -V- KONARK SUPPLY AGENCYCRLREV NO.511 OF 2008 (03.07.2014)
NEGOTIABLE INSTRUMENTS ACT, 1881 - Ss. 118 & 138.
Confirming order of conviction and sentence U/s. 138 N. I. Act Order challenged Complainantsupplied materials to the accused by issuing bills He handed over the bills to his advocate which wasnot filed in the Court Accused having denied, onus shifted to the complainant to prove Althoughdocuments were not filed both the Courts below proceeded on the basis of presumption which is notcorrect Held, impugned orders set aside and matter is remitted back to the trial Court giving opportunityto the complainant to produce documentary evidence with an opportunity to the accused to Cross-examineand proceed with the case afresh.
( I. Mahanty, J.)
AJAYA KUMAR SAMANTARAY -V-RANJITA DASCRLMC. NO. 3724 OF 2009 (03.07.2014)
CRIMINAL PROCEDURE CODE, 1973 - S. 482
Earlier application U/s. 482 Cr. P.C. dismissed Orders challenged in the said application cannotbe challenged once again by invoking jurisdiction U/s. 482 Cr. P.C.
In this case petitioner filed CRLMC No.394/02 U/s. 482 Cr. P.C. challenging the confirming ordersU/s. 125 Cr. P.C. allowing maintenance in favour of the O.P.-wife which was dismissed by order Dt.21.11.2001After lapse of seven years the self same orders were challenged in the present petition Held, petitionU/s. 482 Cr. P.C. is dismissed - Direction issued to communicate the order to the Trial Court to ensurethat the benefit of the order passed by the learned J.M.F.C., Khurda reached the O.P. at the earliest.
( I. Mahanty, J.)
ASHOK KUMAR PANDA -V- REPUBLIC OF INDIACRLA NO.287 OF 2014 (03.07.14)
CRIMINAL PROCEDURE CODE, 1973 - S. 389
Suspension of conviction Appellant convicted U/s. 7, 13 (2) read with Section 13 (1) (d) of theP.C. Act, 1988 Sentence in a case involving corruption Application for suspension of conviction of the
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appellant is devoid of any merit, hence dismissed Corruption is not only a punishable offence but alsoundermines human rights, indirectly violating them and systematic corruption is a human rights violationin itself, as it leads to systematic economic crimes Held, there being no exceptional ground, the petitionto suspend the conviction has no merit, hence dismissed.
(S. K. Mishra, J.)
DAVIAN PARENTS ASSOCIATION & ORS. -V- STATE OF ORISSA & ORS.W.P.(C) NO.6108 OF 2014 (With Batch) (11.07.2014)
EDUCATION DAV Public Schools Admission of pass out students of Class-X in Class-XI in thesame school Authorities cannot fix percentage of marks for their admission They also cannot handover T.C. or Migration Certificate to their students securing less percentage of marks to seek admissionelse where Direction issued to the school authorities to admit the students of the same school firsttaking it as promotion but not as fresh admission or readmission After accommodating all the studentsof the same school if any seats are available in any stream, it is open for the authorities to fill up thesame by issuing advertisement and selecting candidates by any mode, which will be just and proper.
(Dr. B. R. Sarangi, J.)
SARAT KUMAR PANDA & ANR. -V- SASHIBHUSAN TRIPATHY & ANR.R. F. A. NO. 199 OF 2003 (11.07.2014)
ADVERSE POSSESSION Plaintiff entered into possession over the suit land pursuant to an oralagreement for sale Initial possession being permissive, it has no hostile animus attached to it andplaintiff is burdened to establish as to from which date the permissive possession became hostile and onhis failure to do so, the possession has to be taken to be permissive Allegation of the plaintiff thatattempt made by the defendants to disposses him was foiled being resisted on 26.01.1979 do not placehim in any better position in absence of pleadings in support of the manner of resistance Held, thefinding of the trial Court that with effect from 26.01.1979 possession of the plaintiff as adverse in naturecommenced and on continuance of the same beyond the statutory period, the plaintiff has acquired anidefeasible right over the suit land by way of adverse possession is unsustainable in the eye of law andthe same is liable to be set aside.
(Debabrata Dash, J.)
M/S. LIFE LINE MEDICAL STORE (DAY & NIGHT) -V- ALL INDIA INSTITUTE OFMEDICAL SCIENCE, BBSR
W.P.(C) NO.9733 OF 2014 (17.07.2014)
CONSTITUTION OF INDIA, 1950 ART.226
Writ petition Rejection of tender challenged Tenderer, Pradeep Kumar Senapati is the proprietorof M/s. Life Line Medical Store (Day & Night) Writ Petition filed by M/s. Life Line Medical Store andPradeep Kumar Senapati executed the Vakalatnama Maintainability of the writ petition in the absenceof the real aggrieved party A proprietary concern is nothing but an indivisual trading under the trade name Held, the proprietorship concern is not a legal entity distinct from its proprietor Since the proprietorshipconcern is represented by the proprietor Sri Pradeep Kumar Senapati, the writ petition filed by theproprietorship concern is maintainable.
(Pradip Mohanty, ACJ & Biswajit Mohanty, J.)
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PANCHANAN BEHERA -V- STATE OF ODISHA & ORS.W.P.(C) NO. 10214 OF 2014 (17.07.2014)
SERVICE LAW Promotion to the post of O.F.S. II - O.P. No. 2 selected for the post but wroteletter Dt. 16.3.2009 not to join on health ground - Petitioner being the next in the list has expectationfor the higher post - However, before acceptance of the letter Dt. 16.3.2009 by the competent authorityO.P.No. 2 made another letter on 17.4.2009 withdrawing his unwillingness to join the post - There is noquestion of permanent and un conditional foregoing of promotion since no office order was issued to thateffect and no entry in that respect made in Service Book as required under the Government Circular Dt.20.8.1999 - Held, O.P.No. 2 is well within time to apply for withdrawal of his unwillingness - Impugnedorder is confirmed.
(I. Mahanty, J & Biswanath Rath, J.)
AKSHYA KUMAR SAMAL -V- MANORANJAN PADHIARI & ANR.F.A.O. NO.102 OF 2011 (18.07.2014)
A. WORKMENS COMPENSATION ACT, 1923 - S. 2 (1) (e)
Total disablement Appellant was working as helper in a Truck He met with an accident in courseof his employment He suffered stiffness of left hip joint and left knee joint Tribunal held that he haslost 75% of earning capacity Order challenged Physical disability and loss of earning capacity arenot always same The appellant with such disability cannot be employed as a helper in a Truck Held,the loss of earning capacity should have been assessed at 100% instead of 75%.
B. WORKMENS COMPENSATION ACT, 1923 S.4-A (3)
Interest Non-payment of in case of default Action challenged Held, appellant is entitled tointerest at the rate of 12% P.A. from the date of the accident.
(Raghubir Dash, J.)
SADHU BHOI -V- STATE OF ORISSACRLA NO. 299 OF 1991 (18.07.2014)
N.D.P.S. ACT, 1985 - S.20
Seizure of cannabis (Ganja) plants Allegation that appellant grown plants in his bari Violationof Section 8 of the Act Conviction by learned trial Court challenged.
Evidence shows that the appellant was in unauthorized possession of the Government land wherefrom the cannabis plants were grown No evidence that the said bari was fenced and looked afterexclusively by the appellant and it was not possible to be used by any other person Held, prosecutionhas failed to establish that it is the appellant who had cultivated those cannabis plants or the growth ofthe plants was with his knowledge or the land over which those plants were grown was in his exclusivepossession Impugned judgement of conviction and order of sentence is set aside.
(Debabrata Dash, J.)
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NARASINGH CHALLAN -V- STATE OF ORISSACRLA NO.10 OF 2007 (23.07.2014)
EVIDENCE ACT, 1872 - S. 32
Dying declaration Witnesses, in whose presence dying declaration stated to have been recorded,have denied in evidence The doctor who conducted medical examination of the deceased has recordedthe dying declaration on the same day The said doctor having died could neither be examined as awitness nor cross-examined by the defence The case diary is silent about the steps the I.O. had takenfor the requisition he had issued to record the dying declaration till the date of the seizure In the otherhand there is evidence on record that the appellant while trying to save the victim by extinguishing thefire received burn injuries on his person and he had also taken the deceased to the hospital along withother witnesses Held, dying declaration recorded appears to be under suspicious circumstances andthe prosecution cannot be said to have proved the case beyond reasonable doubt Conviction andsentence of the appellant U/s.302 is set aside.
(Sanju Panda, J & Raghubir Dash, J.)
HARI DEHURY -V- STATE OF ODISHAJCRLA NO.72 OF 2004 (23.07.2014)
EVIDENCE ACT, 1872 - S. 24
Extra Judicial Confession It must be established to be true and voluntary Words of the witnessmust be clear, unambiguous and clearly convey that the accused is the perpetrator of the crime Dutyof the Court to look for an independent and reliable corroboration before placing reliance upon suchconfession Evidentiary value of the extrajudicial confession must be judged in the facts and circumstancesof each individual case.
In this case evidence of P.W.3, before whom the appellant confessed regarding commission of theoffence cannot be accepted as reliable as the same do not inspire confidence The said extra-judicialconfession was also not corroborated by any other witnesses Held, prosecution failed to establish thecharges against the appellant beyond all reasonable doubt Conviction of the appellant U/s. 302 IPC isset aside.
(Sanju Panda, J & Raghubir Dash, J.)
CHARAN NAYAK -V- STATE OF ORISSAJCRLA NO.41 OF 2004 (24.07.2014)
PENAL CODE, 1860 - Ss. 302, 304 PART-1
Murder Preparedness of the appellant to commit the crime Appellant arrived at the incidentscene with a wooden stick If he had intention to annihilate the deceased he could have come with amuch lethal weapon He gave three stick blows to the deceased out of which two did not had sufficientforce even to cause a lacerated wound Absence of any declaration made by the appellant whilecommitting the offence Difficult to infer that he had intention to inflict such injury as was likely to causedeath Moreover appellant was in his prime youth and the incident occurred in heat of passion Appellantis guilty only of that crime which has been proved by the prosecution beyond all reasonable doubt Oncethe intention to commit murder or an intention to give such fatal injury as in all probability would haveresulted in death of the deceased is not satisfactorily proved, the only course left open is to hold the
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appellant guilty of an offence of culpable homicide not amounting to murder punishable U/s. 304 Part-II.P.C. Held. Conviction of the appellant U/s. 302 I.P.C. is set aside and he is convicted only U/s.304,Part-I I.P.C.
(Vinod Prasad, J & Raghubir Dash, J.)
N. RATNAKUMARI V- STATE OF ODISHA & ORS.W.P.(CRL) NO. 266 OF 2014 (24.07.2014)
A. TRANSPLANTATION OF HUMAN ORGAN & TISSUES ACT, 1994 - S.9(4)(b)
Donor and recipient belong to State of Odisha Authorisation Committee constituted by the StateGovernment U/s. 9 (4) (b) of the Act is the competent authority to issue no objection certificate Partieshave not obtained no objection certificate from the Authorisation Committee Held, there is violation ofthe provisions of the TOHO Act, 1994 and the Rules framed there under.
B. TRANSPLANTATION OF HUMAN ORGAN & TISSUES ACT, 1994
Violation of the provisions of the TOHO Act, 1994 F.I.R. lodged at Mangalabag Police Station Whether Mangalabag Police are authorized to investigate a case relating to breach of any of the provisionsof the TOHO Act, 1994 Held, No.
C. CONSTITUTION OF INDIA, 1950 ARTS. 21, 22
Offence under the provisions of the TOHO Act, 1994 Arrest of the detenue Section 41, Cr. P.C. Non-recording of reasons Arrest made without an order from a competent Magistrate and without awarrant Ground of arrest not communicated to the detenue Arrest is illegal & unauthorized Thereis not only violation of the provisions of the Criminal Procedure Code but also Articles 22 (1) & (2) of theConstitution of India Held, there being patent illegality in the arrest and detention of the detenue, thisCourt is inclined to grant interim bail to the petitioner till final disposal of the writ petition.
D. TRANSPLANTATION OF HUMAN ORGAN & TISSUES ACT, 1994
Organ transplantation Innocent persons have been duped by way of misrepresentation or for thesake of money Operations are carried out either within the state or outside Hospital authorities arealso not verifying documents to trace out genuine cases - Held, directions issued, to check such racket.
(I. Mahany, J & S. K. Sahoo, J.)
PRADEEP KUMAR RATH -V- STATE OF ORISSACRREV NO.624 OF 1995 (24.07.2014)
PENAL CODE, 1860 - S. 498-A
Conviction U/s. 498-A I.P.C. Affidavit filed by the Informant saying that after divorce she hasremarried and leading a happy conjugal life and she does not want to claim maintenance from thepetitioner In view of the above this Court modified the substantive sentence passed by the Courts belowand reduced the same to the period already undergone during trial and imposed a fine of Rs.20,000/- outof which Rs.15,000/- shall be paid to the Advocates welfare Fund of Ganjam Bar Association and theremaining Rs.5,000/- shall be paid to the State Exchequer within two months failing which the substantivesentence shall be given effect to.
(B. P. Ray, J.)
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DHARANI PRADHAN & ANR. -V- STATE OF ORISSABLAPL NO.7046 OF 2014 (25.07.2014)
SCHEDULED CASTES & SCHEDULED TRIBES (PREVENTION OF ATROCITIES)ACT,1989 - Ss. 3 & 18
Offence U/s.3 (1) (xii) of the Act Averments in the complaint do not make out a prima facie case Specific bar provided U/s. 18 of the Act will not apply to consider the prayer for bail U/s. 438 Cr. P.C. Held, this Court is inclined to release the petitioner on anticipatory bail.
(S. K. Sahoo, J.)
DIBAKAR BEHERA & ANR. -V- STATE OF ORISSACRLREV. NO.578 OF 2014 (26.07.2014)
CRIMINAL PROCEDURE CODE, 1973 - Ss. 385, 386
Whether the Sessions Judge can dismiss the Criminal Appeal for default or non-prosecution ? Held, No.
Court should not dismiss the appeal for default In view of Rule 65 (4) (b) of G.R. & C.O. (Criminal)Volume-1, it is open for the appellate Court to appoint an advocate amicus curiae to provide legalassistance Held, the impugned order is set aside The appeal is restored to file.
(S. K. Mishra, J.)
NIRANJAN DASH -V- STATE OF ORISSA & ORS.W.P.(C) NO.10216 OF 2014 (26.07.2014)
SERVICE LAW Transfer from SBI Bhubaneswar to SBI Berhampur Transfer being an incidentof service, the employer has prerogative to transfer his employees at any point of time to any place andordinarily Courts have no jurisdiction to interfere The policy decision under annexure-9 referred to by thepetitioner has been superseded by a fresh policy decision under annexure-2 and he having completed sixyears at Bhubaneswar Zone he is liable for transfer.
In this case the petitioner did not allege any statutory infraction or mala fide and his representationexpressing his genuine difficulty is pending Petitioner is suffering from Cardiological problem and isunder regular treatment of a doctor at Bhubaneswar since 2000 and his suffering has been doubled dueto Psychiatic problem of his son Held, direction issued to O.P. Bank to re-look the problems of thepetitioner and modify the order of transfer and relieve order allowing the petitioner to continue in and aroundBhubaneswar or Puri town till he attains the age of superannuation.
(Dr. B. R. Sarangi, J.)
CUTTACK ORIYA BAPTIST CHURCH, CTC & ORS. -V- STATE OF ORISSA & ORS.W.P.(C) NO.20467 OF 2009 (Dt.28.07.2014)
Lease - Application for premium free land for construction of Church and graveyard for theChristians within Bidanasi Project Area No provision in the O.D.A. Act empowering the Authorities ofCDA to allow a premium free land for construction of Church and Graveyard Merely because theGovernment provides a plot in Bhubaneswar for the purpose of Church cannot be cited as a precedentand that per se does not create any right in favour of the petitioners Moreover Articles 25 and 26 cannotbe pressed in to service for the above purpose Held, writ petition deserves to be dismissed.
(Dr. A. K. Rath, J.)
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ANIL KUMAR SINGH & ORS. -V- JAGDISH PANDEYCRLMC. NOS.3091,3093 & 3095 OF 2012. (30.07.2014)
NEGOTIABLE INSTRUMENTS ACT, 1881 S. 138
Cheque dishonour If the payee has dispatched notice in the correct address of the drawerreasonably ahead of the expiry of 15 days, it can be regarded that he made the demand by giving noticewithin the statutory period Any other interpretation is likely to frustrate the purpose for providing sucha notice.
In the present case, the complainant has send the demand notice to the accused persons in theircorrect address by registered post acknowledgement due, which has returned un served with postalendorsement that in spite of repeated visit to their office the addressees were not available to receive thesame Held, there is sufficient compliance of section 138 N. I. Act and no illegality can be said to havebeen committed by the learned Magistrate in taking cognizance of the office U/s.138 N. I. Act, warrantinginterference by this Court.
(S. C. Parija, J.)
PRAHALLAD DALEI -V-STATE OF ODISHA & ORS.W.A. NO. 227 OF 2014 (05.08.2014)
ODISHA GRAMA PANCHAYAT ACT, 1964 S.24(2)
No confidence motion against Sarpanch Sub-Collector to issue notice, to the members of theGrama Panchayat fixing the date, time and place of the meeting, accompanying a copy of the requisitionand the proposed resolution.
In this case notice issued by the Collector for the no confidence motion meeting, did not accompanya copy of the requisition which is mandatory U/s. 24(2)(a) & (c) of the Act Held, impugned notice isinvalid and the order passed by the learned single judge being contrary to the statutory provision can notsustain, hence set aside.
((Pradip Mohanty, A.C.J. & Biswanath Rath, J.)
MINAKETAN KANHAR -V- UNION OF INDIA & ORS.W.P.(C) NO. 19362 OF 2010 (05.08.2014)
CONSTITUTION OF INDIA, 1950 - ART. 226
Writ petition Jurisdiction Petitioner failed to avail alternative remedy under the relevant statute No exceptional case is made out to by pass such alternative remedy Writ petition is to be dismissed.
In this case the petitioner was an employee in C.R.P.F. He was removed from service by thedisciplinary authority which was confirmed by the appellate authority He referred writ petition withoutfiling revision under Rule 29 of the C.R.P.F. Rules, 1955 He has also not made out an exceptional caseto by pass the revisional authority Held, writ petition is liable to be dismissed.
(Dr. B. R. Sarangi, J.)
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MD. BABU & ANR. -V- STATE OF ORISSACRLA NO.33 OF 2006 (14.08.2014)
PENAL CODE, 1860 - Ss. 376 (2) (g), 377, 394
Gang rape and sodomy P.Ws. 12 & 13 were eye witnesses to the glastly act Version of thevictim (P.W.8) was convincing and unblemished Her evidence was not only corroborated by P.W.12 butalso P.W.13, an independent witness who was carrying the victim in his rickshaw at the fateful moment Doctors examined the victim have supported the prosecution story Accused persons were correctlyidentified in T.I. Parade Held, this Court finds that the prosecution story is fully credited with truthfulness Appeal is devoid of merit Conviction of A-1 is affirmed.
(Vinod Prasad, J & Biswanath Rath, J.)
KUNA @CHHABINDRA @RAMESH PALARU & ANR. -V- STATE OF ORISSACRLA NO.229 OF 1996 (18.08.2014)
A. EVIDENCE ACT, 1872 - S. 32
Dying declaration Admissibility P.W.3 deposed that at the first instance the voice of thedeceased was not audible and he was stammering but when he has shaken the body of the deceasedviolently, he told the names of his assailants Doctor examined the deceased at the relevant time hasfound him in a moribund condition None of the doctors treating the deceased know about the dyingdeclaration Wife of the deceased though stated to have heard about such declaration was withheld fromthe witness box Held, deceased was not in a fit state of mind at the time of making dying declaration Evidence relating to oral dying declaration cannot be accepted.
B. F.I.R. Delay Occurrence took place during evening hours on 22.04.1995 F.I.R. lodged on24.04.1995 at about 1.30 P.M. Police Station and the Court situated in close proximity Delay of sixdays in receipt of the F.I.R. in Court makes the situation suspicious in the absence of any explanation Delay not satisfactorily explained which in all probabilities has given opportunity to the prosecution partyto concoct a case Prosecution failed to establish the case against the appellant beyond all reasonabledoubt Impugned judgement and order of conviction and sentence is set aside.
(Vinod Prasad, J & S. K. Sahoo, J.)
TECHSUPPORT -V- BHARAT SANCHAR NIGAM LTD. & ORS.W.P.(C) NO.14999 OF 2014 (19.08.2014)
TENDER Process initiated by NIT Any bidder failing to comply Clause 3 of the NIT would bedebarred from participating in the process Petitioner failed to comply such clause His assertionregarding payment of money towards registration fee etc. raises a disputed question of fact Knowingfully well that the last date of submission of tender was 28.07.2014 he filed writ petition a fortnight afteri.e. on 18.08.2014 No acceptable explanation to that effect No material on record to demonstrate withany unimpeachable decisiveness that the petitioner was excluded from the process due to bias or malafideon the part of the Opp.Parties The petitioner having failed to fulfill an essential tender condition, thechallenge as laid does not merit acceptance.
(Amitava Roy, CJ. & Dr. B. R. Sarangi, J.)
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BHAKTA BANDHU GHADEI -V- DISTRICT JUDGE, CTC & ANR.O.J.C. NO.11403 OF 2000 (19.08.2014)
CONSTITUTION OF INDIA, 1950 - ART. 311 (2)
Disciplinary proceeding Removal from service Appeal committee confirmed the same afterexamining all relevant facts Petitioner was a junior clerk in SDJM Court Unauthorized absence fromduty for over one and half years He was informed of the charges but he neither filed any show causenor participated in the proceeding in spite of repeated opportunity granted to him Medical documentsfurnished are unreliable Petitioner did not make any sincere effort to attend his duty during such period He did not make any devoted attempt to participate in the proceeding Period involved is quitesubstantial to be over looked by any institution committed to public service The petitioners acts ofomission and commission do constitute gross misconduct having an adverse bearing on institutionaldiscipline The penalty of removal from service cannot be repudiated to be shockingly disproportionate Held, impugned orders affirmed.
(Amitava Roy, CJ & Dr. B.R. Sarangi, J.)
M/S. IPISTEEL LTD. & ANR. -V- CESCO LTD. & ANR.W.P.(C) NO.11267 OF 2005 (19.08.2014)
ELECTRICITY Rehabilitation Scheme by BIFR Providing Concessions for revival of IPISTEELwhich has become sick Non implementation of the Scheme by CESCO saying that the Scheme refersto Power Cut/break down period The scheme refers to frequent mechanical break downs but notelectrical break down Whether Concession envisaged is for the entire period of rehabilitation orelectrical break down period Held, there is no scope to restrict the meaning of words break down/rehabilitation as used in the scheme to the period of electrical break down only.
(B. K. Patel, J.)
MAHESWAR SAHOO & ANR-V- STATE OF ORISSA & ORS.W.P.(C) NO.5335 OF 2014 (19.08.2014)
SERVICE LAW Petitioners appointed as Home Guards They discharged from service onaccount of their involvement in Criminal Case Acquittal from Criminal charges Held, direction issuedto the Opp.Parties to re-appoint/reinstate the petitioners as Home Guards subject to their clearing medical/physical fitness tests etc.
(Biswajit Mohanty, J.)
RUBY @ PRITIPADMA PRADHAN -V- DEBASIS PRADHANMATA NO.39 OF 2013 & 64 OF 2013 (20.08.2014)
HINDU MARRIAGE ACT, 1955 S. 25
Permanent alimony Grant of No fixed formula Paramount consideration should be to look atthe husbands income as well as other property, status of the parties, their respective needs and capacityof the husband to pay having regard to reasonable expenses for his own maintenance and others whomhe is obliged to maintain under law Moreover alimony for the wife should be such as she can live inreasonable comfort and the mode of life she is accustomed when she lived with her husband and it mustbe seen that the amount so fixed cannot be excessive affecting the living condition of the other party.
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In this case husbands salary is Rs.52,000/- and age of the wife being 29 years and life expectancyof a female being 70 at the minimum, this Court felt it appropriate to enhance the monthly permanentalimony to Rs.11.500/- and compounding the same for 15 years, it is rounded of at Rs.20,00,000/- withoutdeduction of any amount already paid earlier under the directions of different Courts.
(Vinod Prasad, J & Biswanath Rath, J.)
NARAYAN CHANDRA SAHU -V- RADHASHYAM MAHESWAR & ORS.C.M.P. NO.213 OF 2014 (20.08.2014)
CIVIL PROCEDURE CODE, 1908 - O- 22, R-4 (4)
Exemption of plaintiff to substitute L.Rs. of deceased-defendant No.1 Suit for specific performanceof contract Defendant No.1 did not appear in the suit despite valid service of notice He was set exparte He expired during pendency of appeal before the lower appellate Court Plaintiff prayed exemption tosubstitute legal heirs of defendant No.1 Prayer allowed Hence this petition.
The above provision is incorporated to expedite the process of substitution of the L.Rs. of non-contesting defendants Courts below exempted plaintiff from substituting the legal representative ofdeceased defendant No.1 in order to avoid abatement of the suit Held, there is no error in the impugnedorder for interference of this Court.
(Sanju Panda, J.)
JOGENDRA BEHERA -V- STATE OF ORISSA & ORS.O.J.C. NO.1831 OF 1998 (20.08.2014)
ODISHA GRAM PANCHAYAT RULES, - RULE-216 (a)
Removal of Secretary Gram Panchayat Order passed without giving him reasonable opportunityto show cause against the proposed action Gram Panchayat should have taken such decision onlyafter considering the explanation submitted by the Secretary and after hearing him if he so desired Violation of the provision contained in Rule 216 (a) of the Rules Held, impugned order terminating theservices of the petitioner-Secretary is set aside and he is deemed to be continuing in service without anybreak and he is also entitled to all consequential benefits.
(Biswanath Rath, J.)
RADHAKANTA MAJHI & ORS. -V- STATE OF ORISSA & ORS.W.P.(C) NO.11979 OF 2004 (21.08.2014)
CONSTITUTION OF INDIA, 1950 - ART. 226
Custodial death Deceased was suffering from high fever on the fateful day Lack of propermedical treatment Callous and negligent attitude of the jail authorities, more particularly the attendingdoctor Deceased, though a detenu is entitled to be provided with due care and attention during hisillness For the negligence of its employees, the State Government is vicariously liable to pay compensationunder public law remedy for violation of Article 21 of the Constitution of India The deceased being alabourer and aged about 20 years his parents (petitioner Nos.3 & 4) are entitled to an amount ofRs.3,00,000/- by way of compensation payable by the State and its functionaries within a period of fourweeks.
(Amitava Roy, CJ & Dr. B. R. Sarangi, J.)
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NATABAR JENA -V- COLLECTOR, JAJPUR & ORS.O.J.C. NO.14017 OF 1997 (21.08.2014)
ODISHA LAND REFORMS ACT, 1960 - S. 22
Permission granted to a Scheduled Caste person U/s. 22 of the Act for mortgaging the disputedland Whether the permission for mortgage will be enough for subsequent sale of the said land Held,No.
In this case father of the petitioner being a Scheduled Caste person obtained permission from theRevenue Officer U/s.22 of the Act for mortgaging the disputed land Subsequently he sold the said landby a registered sale deed Petitioner filed petition U/s. 23 of the Act for setting aside the sale deedexecuted by his father and restoration of possession on the ground that no permission obtained from thecompetent authority for sale U/s.22 of the Act OLR authorities dismissed his case on the ground thatsince permission for mortgage has been granted the said order is also valid for subsequent sale Hence,the writ petition Held, the finding of the OLR authorities that permission having been granted formortgage, no further permission is required for sale is unsustainable.
(B. K. Nayak, J.)
BISHNUPRIYA DEVI -V- ASHOKA CROKERIES LTD. & ANR.W.P.(C) NOS. 9168 & 9169 OF 2013(21.08.2014)
CIVIL PROCEDURE CODE, 1908 O.18, R-16
Examination of witness out of turn Power can be exercised on fulfillment of two conditions Firstly where the witness sought to be examined is about to leave the jurisdiction of the Court andSecondly where the Court is satisfied with the reasons recorded by him that sufficient cause exists inthe application filed by the applicant for examining a witness immediately.
In this case fulfillment of the first condition does not arise as defendant Nos.5 & 6 have not allegedthat defendant No.2 is about to leave the jurisdiction of the Court Although this case based on Secondcondition the learned Court below allowed the petition without recording his satisfaction that sufficientcause exists for examining a witness immediately Order not passed within the parameters prescribedto exercise jurisdiction under Order 18 Rule 16 C.P.C. Court has exercised jurisdiction with materialirregularity Held, impugned orders quashed Direction issued for expeditious trial and disposal of thesuit.
(S. K. Mishra, J.)
DEBIPRASAD BHOL -V- STATE OF ODISHA & ORS.W.P.(C) NO.13919 OF 2014 (25.08.2014)
P.I.L. Sacred expedition of thousands of Kaudias/Bolbum devotees to different temples of LordShiva, through out the state to offer holy water The devotees, both ladies and gents under take the piousjourney on bare feet for long distance even during night Due to bad road condition and in the absenceof demarcated pathway and lack of light provision at diversions they walk close to the highway and highspeed vehicles Fax message in this regard reached the Honble ACJ which was treated as a writ petition High Court took cognizance of the inconveniences caused to the devotees Duty of the state to lookafter their safety and security Owing to directions issued, different authorities/state agencies filedaffidavits, making prompt arrangements for smooth travel of the Kaudias Further directions issued tocontinue such facilities in coming years.
(Amitava Roy. CJ & Dr. B.R. Sarangi, J.)
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BAIRAGI MOHARANA & ANR. -V- THE COLLECTOR, KHURDA & ORS.W.P.(C) NO.7935 OF 2013 (.25.08.2014)
CIVIL PROCEDURE CODE, 1908 - O-18, R-17
Court may recall and examine witness Discretionary power need be used in appropriate casesto enable the Court to clarify any doubt with regard to the evidence led by the parties but the said powershould not be used to fill up omission in the evidence of a witness who has already been examined.
In this case there is no mention in the impugned order as to what ambiguities are there in theevidence of P.W.10 necessitating clarification and to recall the said witness for further Cross-examination Held, the impugned order allowing the petition of the defendants to recall P.W.10 for further Cross-examination is set aside.
(B. K. Nayak, J.)
MAHESWAR BEHERA & ORS. -V- STATE OF ORISSA & ANR.BLAPL NO.1769 OF 2014 (25.08.2014)
A. CRIMINAL PROCEDURE CODE, 1973 - S. 438
Complaint case involving offence U/s. 302/34 I.P.C. Application for anticipatory bail Maintainability N.B.W. issued against the petitioners hastily even though bailable warrants have not been executed No material that petitioners were avoiding Courts proceeding intentionally Existence of reason to believeor apprehension of being arrested Held, application for anticipatory bail is maintainable.
B. CRIMINAL PROCEDURE CODE, 1973 - S. 438
Anticipatory bail Complaint case involving offence U/s. 302/34 I.P.C. Dying declaration implicatingall the petitioners Necessity of custodial interrogation in view of the gravity of the offence Applicationfor anticipatory bail is rejected.
(S. K. Sahoo, J.)
RADHASHYAM BEHERA -V- MAHESWAR BEHERA & ORS.W.P.(C) NO.19184 OF 2012 (30.08.2014)
CIVIL PROCEDURE CODE, 1908 - O-22, R-9
Application for setting aside abatement and condonation of delay Courts power to consider,whether the applicant was prevented by Sufficient Cause The Decisive factor in condonation of delayis not the length of delay but sufficiency of satisfactory explanation.
In this case defendant died on 15.02.1999 Counsel for the defendant intimated the same to Courton 26.09.2000 Original Court passed order of abatement on 28.09.2000 Plaintiff filed applications forsubstitution, setting aside abatement and condonation of delay on 17.11.2000 Application rejected bythe Original Court Order challenged in First Appeal and the Learned District Judge condoned the delaysubject to payment of cost Cost has been paid - Despite the same Defendant No.1 challenged theappellate order in writ petition Held, the petition for substitution has been filed in time reckoning fromthe date of knowledge or date of intimation of the death Any order passed by the Original Court abatingthe suit is bad which has been rightly set aside in appeal No reason to interfere with the finding recordedby the learned Addl. District Judge Writ Petition being devoid of merit, is dismissed.
(S. K. Mishra, J.)
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PRAMILA PRADHAN -V- SUMANTA SEKHAR PRADHAN & ORS.RFA NO. 158 OF 2004(02.09.2014)
A. HINDU SUCCESSION ACT, 1956 - S.6
Opening words of Subsection (1) of Section 6 as amended in 2005 that a daughter becomes acoparcener in the Mitakshare joint family on and from the date of commencement of the amendment Acti.e. 09.09.2005 Held, the amendment Act is prospective in nature Daughter is treated as coparceneron and from commencement of the Amendment Act, 2005.
B. HINDU SUCCESSION ACT, 1956 S.6
Joint Hindu Family Property Devolution of coparcenary interest Daughters right to equal sharewith that of son A daughter can be treated as a coparcener only if her father was a coparcener at thetime of coming into force of the amended provision Father of the plaintiff having died in the year 1992,succession opened in that year and property having already vested in Class-I heirs with the existingprovisions in Section 6, prior to coming into force of the amended Act not required to be reopened aftercoming into force of the 2005 amendment Decree passed by the trial Court is justified.
(B. K. Nayak, J.)
NITYANANDA DAS -V- OSRTC & ANR.O.J.C. NO.3954 OF 2001(02.09.2014)
SERVICE LAW - Application for retirement under V.R.S. Petitioner joined service on 13.08.1987 His application for VRS considered on 08.02.2000 His application rejected on the ground that he hasnot completed 10 years qualifying service as he remained unauthorizedly absent from service from13.03.1996 till 07.02.2000 and he was awarded punishment by the Disciplinary Authority Action challenged Since the Disciplinary Authority awarded punishment treating the unauthorized absence period as leavewithout pay which amounts to giving continuity in service it is not correct for the authorities concernedto exclude the above period and say that the petitioner has not competed 10 years of qualifying service Held, the impugned order rejecting the petitioners application for retirement under V.R.S. is quashed Direction issued to the Opp.Parties to reconsider the application submitted by the petitioner for retirementunder V.R.S.
(Dr. B. R. Sarangi, J.)
BIGHNARAJ TRIPATHY -V- STATE OF ORISSA & ORS.O.J.C. NO.4826 OF 1996(03.09.2014)
DISCIPLINARY PROCEEDING Petitioner/delinquent, a Sherishtadar in the office of the JMFC,Umerkote Charges leveled are very serious Enquiry officer exonerated him but disciplinary authoritydisagreed with his finding and imposed penalty of dismissal Departmental appeal dismissed Actionchallenged in writ petition Petitioner had taken a plea that disciplinary authority failed to communicatehim the reasons for disagreement with the findings of the Enquiry Officer No categorical statement tothat effect either in the appeal memo or in the writ petition Such contention is not possible to sustain However considering the untold misery of the petitioner this Court converted the penalty of dismissalfrom service to one of compulsory retirement Direction issued to compute consequential retiral benefitsof the petitioner on the basis of his last pay drawn when he was dismissed from service but the samewould be payable actually from the date of this order He is also entitled to other incidental benefits onthe basis of this adjudication.
(Amitava Roy, C.J. & Dr. A. K. Rath, J.)
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ISWAR CH. SWAIN -V- DILLIP KUMAR PATNAIKCONTC NO.1250 OF 2013(04.09.2014)
CONTEMPT OF COURTS ACT, 1971 - S.12
Contempt proceeding No deliberate and willful violation of the interim order Proceeding is to beclosed.
(Amitava Roy, C.J. & Dr. A. K. Rath, J.)
PRAMOD KUMAR PRUSTY & ORS. -V- AINA PRUSTY (DEAD) REPRESENTEDBY
HER LEGAL HEIRS & ORS.
W.P.(C) NO.9893 OF 2010 (05.09.2014)
CIVIL PROCEDURE CODE, 1908 O-6, R-17
Amendment of plaint Plaintiffs sought amendment trying to withdraw their admission already madein the plaint Mala fide intention Application for amendment is liable to be rejected.
In this case it was described in the plaint that defendant No.1 was the adopted son of Mohan andJanha and by way of the proposed amendment the plaintiffs want to withdraw that admission already madein the plaint and to introduce certain new facts regarding joint possession of the residential property Held, amendment is liable to be rejected Impugned order is set aside.
(Sanju Panda, J.)
DR. DEEPAK KUMAR BEHERA -V- STATE OF ORISSA & ORS.W.P.(C) NO.15297 OF 2013 (09.09.2014)
SERVICE Contractual appointment of the petitioner as Ayush Homeopathic Doctor Mysteriousdeath of a patient Petitioner said he has no involvement in the issue Joint enquiry reports Dt.05.02.2013and 12.03.2013 No material against the petitioner in the first report and second report suggested policeenquiry No opportunity given to the petitioner to show cause on the Second report Findings in boththe reports, not conclusive Decision to terminate the services of the petitioner attaching stigma Noncompliance of the principles of natural justice Impugned order for disengagement of the petitioner is setaside and he ought to be treated as continuing in service till the period involved in the last contract butwithout any back wages.
(Biswanath Rath, J.)
BUDHIRAM HO -V- STATE OF ORISSA & ORS.W. P. (C) NO.4722 OF 2013(10.09.2014)
SERVICE LAW Whether the petitioner being a third party can seek a direction from this HonbleCourt to Opp.Party Nos. 1 to 3 for dismissal of Opp.Party No.4 ? Held, the petitioner has no such locusstandi in service jurisprudence.
(Amitava Roy, C.J. & Dr. A. K. Rath, J.)
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MAJOR EVENTS
1. Regional Judicial Conference on Strengthening Justice Delivery System Tools & Techniques
A Regional Judicial Conference on Strengthening Justice Delivery System Tools & Techniques wasconceptualized by National Judicial Academy in collaboration with Orissa High Court and Odisha JudicialAcademy from 29th to 31st August, 2014 at OdishaJudicial Academy. where Eastern States like Bihar,Jharkhand, Chhattisgarh including Odisha have participated the conference.
The conference was inaugurated by Honble Shri Justice Amitava Roy, Chief Justice, Orissa HighCourt & Patron-in-Chief, Odisha Judicial Academy who presented the Inaugural Address. Honble ShriJustice Indrajit Mahanty delivered the Welcome Address and Honble Shri Justice P.K.Misra, Cairperson,Goa Human Rights Commission and former Chief Justice of Patna High Court chaired the Sessions of theInaugural Day. Dr. Balram K. Gupta, Director, National Judicial Academy addressed the delegates on thetopic Justice Delivery System in India : An Overview.
During two and half days of the conference, in the technical sessions on various topics, chaired byHonble Shri Justice S.J.Mukhopadhaya, Judge, Supreme Court of India and Honble Shri Justice DipakMisra, Judge, Supreme Court of India apart from the Judges of Orissa High Court, Patna High Court,Jharkhand High Court, Chhattisgarh High Court other resource persons invited for the purpose.
Honble Shri Justice Dipak Misra,Judge, Supreme Court of India has given much emphasis on asto how judiciary need to play a vital role, not only in preventing and remedying abuse and misuse of powerbut also in eliminating exploitation and in justice. It was the firm opinion of His Lordship that the criminaltrial has to be fair as well as speedy because that is the imperative of the dispensation of justice. Further,it was highlighted the importance of Section 309, 156, 167, 193 & 319 Cr. P.c. and land mark judgmentsof the Honble Supreme Court along with the concept of legal aid. His Lordship addressed the delegateson the issue by giving importance on interconnectivity between constitution and criminal jurisprudence,which really reminded the Judicial Officers about their statutory duties. His Lordship addressed thatkeeping constitutional principle close to ones heart and soul would elevate the work, the mindset and thesense of justice. Thus it encourages ones sense of duty, discipline and dediction.
Photo - Pg. iv
2. Conference on Effective Implementation of Juvenile Justice(Care & Protection of Children) Act 2000
A Regional Round Table Conference of Eastern States organized by Honble Supreme Court andOrissa High Court Committee on Juvenile Justice, Govt. of Odisha with the support of UNICEF Odisha FieldOffice on Effective Implementation of Juvenile Justice (Care & Protection of Children) Act 2000 was heldon 13.9.2014 and the Valedictory was observed on 14.9.2014 at Odisha Judical Academy, Cuttack.
The conference was inaugurated by lighting the lamp by Honble Shri Justice Madan B.Lokur, Judge,Supreme Court of India in presence of Honble Shri Justice Amitava Roy, Chief Justice, Orissa High Courtwho presented the introductory address. Welcome address was delivered by Honble Shri Justice S.C.Parija,Judge, Orissa High Court
Honble Shri Justice Madan B.Lokur, Judge, Supreme Court of India addressed the delegates of theEastern States to short out in two ways i.e. long term basis and short term basis. His Lordship emphasizedon improving the measures of protection of children, who lost their way by J.J. Boards and Child WelfareCommittees. On the long term approach emphasized on rehabilitation through education and protectingfrom child labour and other ways of exploitation not mechanically but with bit of humane approach andinclusiveness of one and all of the civil society.
On behalf of State of Odisha, Honble Kumari Justice Sanju Panda, Judge, Orissa High Court &Chairperson, J.J.Committee, Honble Shri Justice S.K.Mishra,Judge, Orissa High Court and Member, J.J.
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Committee, Shri Sashikant Mishra, Member Secretary, Odisha State Legal Services Authority, Shri SaswatMishra, Commissioner-cum-Secretary, C.W.C., Shri Awasty S., Director, Social Welfare, Govt. of Odishaand Shri Lalit Das, Special Secretary, C.w.C. presented the issues, challenges and how the State isapproaching and addressing it.
Honble Judges of the High Courts of Orissa, West Bengal, Bihar, Jharkhand and Chhattisgarh,former Judges of the Orissa High Court, Dignitaries of the UNICEF, Govt. of Odisha, Registry of Orissa HighCourt, Director, Officers and Faculty Members of Odisha Judicial Academy, J.J. Committee Members of theStates and 142 nos. of delegates were present in the conference.
Photo - Pg. v
OTHER MAJOR EVENTS1. Observance of 67th Foundation Day of Orissa High Court.
26th July of every year is being observed as Foundation Day of Orissa High Court. This year also67th Foundation Day was observed on 26.7.2014 in the Court premises. Honble the Chief Justice, HonbleJudges of the Court and Members of the Bar offered floral tributes to the Statue of Justice Bira KishoreRay as a mark of respect to the revered soul. All the officers and staff of the Court are also attended theceremony.
2. Celebration of Independence Day in the High Court premises.
On the occasion of celebration of Independence Day in the High Court premises, Honble ShriJustice Amitava Roy, Chief Justice, Orissa High Court hoisted the National Flag on 15.8.2014. HonbleJudges of the Court, Members of the Bar, Officers and staff of the Court also graced the function.
3. Inauguration of the Court of Addl. District Judge at Gunupur (Dist. Rayagada)
The Court of Addl. District Judge at Gunupur. in the Judgeship of Rayagada was inaugurated byHonble Shri Justice Amitava Roy, Chief Justice, Orissa High Court on 20.9.2014. Honble Shri JusticeS.Pujahari, Judge, Orissa High Court also graced the occasion. Photo - Pg. vi
4. Inauguration of the Court of Addl. District Judge at Kamakshyanagar (Dist. Dhenkanal)
The Court of Addl. District Judge at Kamakshyanagar in the Judgeship of Dhenkanal was inauguratedby Honble Shri Justice Amitava Roy, Chief Justice, Orissa High Court on 27.9.2014 in august presenceof Honble Shri Justice B.N.Mahapatra, Judge, Orissa High Court. Photo - Pg. vi
5. Inauguration of A.D.R. Centre at Bhubaneswar
A.D.R. Centre at Bhubaneswar was inaugurated by Honble Shri Justice Amitava Roy, Chief Justice,Orissa High Court on 16.8.2014. Honble Shri Justice Indrajit Mahanty, Judge, Orissa High Court alsograced the occasion. Photo - Pg. v
6. Inauguration of A.D.R. Building at Berhampur.
A.D.R. Building at Berhampur was inaugurated by Honble Kumari Justice Sanju Panda, Judge,Orissa High Court on 16.8.2014. Photo - Pg. vi
7. Inauguration of A.D.R. Centre at Balasore.
A.D.R. Centre at Balasore was inaugurated by Honble Shri Justice B.K.Patel, Judge, Orissa HighCourt on 23.8.2014 in presence of Honble Shri Justice Debabrata Dash, Judge, Orissa High Court.
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No. of CourtComplexes
DG SetDelivered
DG SetOrdered
LanMaterial
Delivered
Site/LanSurvey
completed
LanMaterialInstalled
Hardware(PC)
Delivered
Hardware(PC)
Installed
SoftwareRollout
Data Entrystarted in
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PRESENT STATUS OF IMPLEMENTATION OF E-COURTS PROJECT
e-Courts Project in Odisha
In our State a Steering Committee under the chairmanship of Honble Shri Justice I. Mahanty, Honble ShriJustice S.C. Parija and Honble Shri Justice S.K. Mishra as members thereof, is monitoring the implementationof the e-Courts project with the assistance of the Central Project Coordinator, Shri T.P. Rath.
The scope of e-Courts project is to develop, deliver, install and implement automated decision making anddecision support system in the district and subordinate courts of the state with the help of e-Committee SupremeCourt of India. The objectives of the project are :
To help Judicial administrations of the Courts in streamlining their day-to-day activities To assist judicial administration in reducing the pendency of cases. To provide transparency of information to the litigants. To provide access to legal and judicial databases to the Judges. To provide Citizen Centric Services to the lawyers and litigants.
The State Judiciary, configured to 115 Court Complexes, consists of 423 Courts situated in different parts of theState.
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. 152 new Laptops have been provided to newly recruited Judicial Officers.5. 41 Diesel Generator sets in 1st phase are already provided while delivery and installation of 48 Diesel
Generator sets in 2nd phase are under progress.6. 26 DG sets are ordered to be delivered in 3rd phase.7. To look after the e-Courts work at Orissa High Court 1 Sr. System Officer, 1 System Officer and 2 System
Assistants have been deployed.8. 14 System Officers and 22 System Assistants have been deployed at District level to provide the technical
support.9. Successful Data Entry of Backlog cases is going on at 113 Court Complexes.10. CIS (Case Information System) software has been rolled out in 115 Court Complexes.11. Citizen Centric Services have been provided in 27 District Court Complexes.12. Websites have been operational under e-Courts in 27 District Courts.
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ACTIVITIES OF HIGH COURT LEGAL SERVICES COMMITTEE
1. The 18th High Court Mega Lok Adalat was held on 19.07.2014 in which Honble Shri Justice S. C.Parija& Honble Shri Justice S. K. Sahoo, Judges of the Honble Court presided over the different benches ofLok Adalat.
In the above Lok Adalat 69 cases were disposed of which includes Motor Accident Claim Appeals, landAcquisition Appeals, F.A / R. F. A., Other Cases ( O. J.C / W.P. ( C ) matters. The General Insurancecompanies agreed to pay Rs. 1, 34, 10,000/- ( One Crore thirty four lakh ten thousand) only ascompensation.
2. During the period under report 79 applicants have been provided with the benefit under the scheme of LegalAid and advice by High Court Legal Services Committee to file and defend their cases in the High Court.Similarly, 23 Legal Aid Counsels have been paid their honorarium.
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Honble Chief Justice & Honble Judges of Orissa High Courtparticipating Programmes/ Courses at the N.J.A., Bhopal and other places
Names of the Honble Judges PeriodSl. No. Topics
1. Honble Shri JusticeP.K.Mohanty
12.07.2014 Attended the meeting of HonbleExecutive Chairman of NALSA,Honble Mr. Justice H.L. Dattu
Judge, Supreme Court of India &Executive Chairperson of all State
Legal Services Authorities.
2. Honble Shri JusticeIndrajit Mahanty
02.08.2014&
03.08.2014
Attended the meeting of the Chairpersonsof the Computer Committees of all the
High Courts at Vigyan Bhawan, New Delhi
3. Honble Shri JusticeB.N.Mahapatra
09.08.2014 Attended the National Tax Seminarorganised by All India Federation of TaxBar Association, Eastern Zone, Odisha.
4. Honble Shri JusticeB.K.Patel
19.09.2014&
20.09.2014
Participated in the National CyberSafety and Security Standards Submit -
2014 (2nd Edition) at Coimbatore
5. Honble Shri JusticeBiswanath Rath
23.08.2014&
24.08.2014
Participated in the National Conferenceof Newly Elevated High Court Judges
at N.J.A., Bhopal
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ACTIVITIES OFODISHA STATE LEGAL SERVICES AUTHORITY
1. Lok Adalats : At State Level
(i) During the period from July, 2014 to September, 2014, 02 State Level Lok Adalats were held oneeach at Balasore on 12.7.2014 and another at Berhampur on 13.9.2014 respectively in which total377 no. of Motor Accident Claim Cases and 82 matrimonial cases have been settled/disposed ofon conciliation. A sum of Rs.6,30,29,320/- has been awarded as Compensation in the above MACcases.
(ii) At High Court Level
During the quarter, the High Court Legal Services Committee has organized a Mega Lok Adalat inthe High Court Premises on 19.7.2014, in which, total number of 69 cases have been disposed of,which include Land Acquisition/FA/RFA-13, and Motor Accident Claims Appeals-56. A sum of Rs.1,34,10,000/- has been awarded as Compensation in the above Motor Accident Claims Appeals.
2. Permanent Lok Adalats(for Public Utility Services) : (U/s.22-B of the Legal Services Authorities Act)
During the above quarter, 388 number of new cases relating to Public Utility Services were registeredin the Thirteen Permanent Lok Adalats, out of which,430 no. of cases were settled.
3. Generating awareness and spreading Legal Literacy :
At State Level :
To generate legal literacy and awareness, this Authority organized a two-day Training Programmeson 05.07.2014 and 06.07.2014 on Protection of Women against Domestic Violence at OdishaJudicial Academy, Cuttack. The participants of the training on 05.07.2014 were Secretaries of all the 30District Legal Services Authorities and 30 Protection Officers of the State. The participants of the trainingon 06.07.2014 were the District Judges and Sub-divisional Judicial Magistrates of the State. Sri SaratChandra Jena, Sri Biswaraj Pattnaik and Sri Soura Chandra Mohapatra, Advocates addressed the participantsas Resource Persons on 05.07.2014 on different aspects of the topic, Protection of Women againstDomestic. Similarly, the Member Secretary, OSLSA addressed the participants about the role of LegalServices Institutions in handling Domestic Violence cases.
On the second day of the training programme, Honble Shri Justice P.K.Tripathy, Former Judge,Orissa High Court addressed the participants as Resource Person on salient features and proceduralissues relating to the P.W.D.V Act.. Honble Shri Justice B.K.Nayak, Judge, Orissa High Court addressedthe participants on Legal Rights of victims of Domestic Violence under PWDV Act and Honble ShriJustice A.S.Naidu, Former Judge, Orissa High Court addressed the participants on Issuance and enforcementof Protection orders and important case laws on PWDV Act.
4. Activities of ADR/Mediation Centre :
The A.D.R.Centres of Khurda at Bhubaneswar, Ganjam at Berhampur and Balasore were madefunctional during the quarter after being inaugurated on 16.8.2014 and 23.8.2014 respectively. Honble ShriJustice Amitava Roy, Chief Justice, Orissa High Court & Patron-in-Chief, OSLSA inaugurated the ADRbuilding at Bhubaneswar on 16.8.2014 in presence of Honble Shri Justice Indrajit Mahanty, Judge, OrissaHigh Court & Chairman, High Court Legal Services Committeee. Honble Kumari Justice Sanju Panda,Judge, Orissa High Court inaugurated the ADR building of Ganjam at Berhampur on 16.8.2014 in presenceof District Judge, Ganjam and other dignitaries and guests. Similarly, Honble Shri Justice B.K.Patel,Judge, Orissa High Court was pleased to inaugurate the ADR building of Balasore on 23.8.2014 inpresence of Honble Shri Justice Debabrata Dash, Judge, Orissa High Court and other dignitaries. Thus,eight ADR Centres have been made functional in the State till date. Construction of the buildings of ADRCentres in other districts is progressing at a fast pace.
Court
News22
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ACTIVITIES OF ODISHA JUDICIAL ACADEMY
MONTH/ SL. NO.
NAME OF THE PROGRAMME DATE OF PROGRAMME
NO. OF PARTICIPANTS
NO OF PARTICIPANTS
ATTENDED
(RANK WISE) PARTICIPANTS
J U L Y
1) Poverty, Social Exclusion, Welfare Programs & Access to Justice: Role of District Judiciary.
4th & 5th July,2014 25 24 DJ-9 & ADJ-15.
2) Training programme for Public Prosecutors
11th July, 2014 35 32 APP-30 & Asso.Laywer-02.
3) Training Programme on UBUNTU to Judl. Officers.
12th & 13th July,,2014 44 40 ADJ-13 & JMFC-27 .
4) Training Programme for Public Prosecutors.
14th to 17th July,2014 30 26 Special P.P.-26.
5) Adjudication of Commercial & Economic Cases, 18
th & 19th July,2014 25 25 DJ-12 & ADJ-13
6)
The Struggle for Equality,Social Change & Social Justice: Contribution of Courts, 25th & 26th July, 2014 25 25
DJ-4,ADJ-2,CJM-7,Sr.C.J.-3 & CJ(JD)-JMFC-9.
7) Training Programme for Public Prosecutors
28th to 31st July,,2014
30 20 PP-06 & Addl.PP-14
A U G U S T
1) Enhancing Timely Justice . 1st & 2nd Aug.2014 25 25 CJM-9 & Sr.C.J.-16
2) Environmental & Wildlife Protection: Current Issues & Challenges.
8th & 9th Aug. 2014 25 24 DJ-1,ADJ-3,Sr.C.J.-10,JMFC-10.
3) Training programme for Public Prosecutors
11th to 14th Aug., 2014
30 25 P.P.-04 & Addl.P.P.-21.
4) SC/ST & Social Reform Cases. 22nd & 23rd Aug.,2014 25 21 DJ-06 &* ADJ-21
5) Court Development & Court Management. 22
nd & 23rd Aug.,2014 32 32 Court Manager=32.
6) Training Programme for Public Prosecutors. 25
th to 28th Aug.,2014 30 25 PP-01 & Addl.P.P.-24
7) Regional Judicial Conference(East Zone-1)
29th to 31st Aug., 2014 100 82
Judl. Officers of Jharkhand, Chhattisgarh, Patna & Orissa
SEPTEMBER
1) Criminal Adjudication ( Sessions Cases) 5th & 6th Sept., 2014 25 24 DJ-15 & ADJ-09
2) Training programme for Public Prosecutors
8th to 11th Sept., 2014 30 25 Asso.Lawyer-03 & APP-22
3) Training Programme for Public Prosecutors
16th to 19th Sept.2014 30 25 Asso.Lawyer-01 & APP-24.
4) Criminal Adjudication under Special Laws with reference to Economic Offence & NDPS Offences.
19th & 20th Sept. 2014 25 24 Spl. Judge (vig.)-12, ADJ-12.
5) Juvenile Justice(CPC)Act & Rules. 26th & 27th Sept.
2014 25 23 CJM=23
6) Adjudication in Civil Cases. 30th Sept. & 1st Oct., 2014
25 24 Sr.C.J.-15 & C.J.(JD)-09.
7) Training Programme for Research Assistants of OHC.
30th Sept. & 1st Oct., 2014
19 19 Research Assistants=19.
Court
News23
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STA
TE
ME
NT
SH
OW
ING
INS
TIT
UT
ION
, DIS
PO
SA
L &
PE
ND
EN
CY
OF
CIV
IL &
CR
IMIN
AL
CA
SE
S IN
TH
ES
UB
OR
DIN
AT
E J
UD
ICIA
RY
OF
TH
E S
TAT
E F
rom
01
.07.
2014
to
30
.09.
2014
Ope
ning
Bal
ance
as
on
01.0
7.20
14
Inst
itutio
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the
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rter
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014
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14
1B
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1226
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171
312
391
1258
6923
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2B
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2455
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7822
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915
7472
412
629
1031
3478
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4644
375
134
4885
207
335
235
7K
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9027
633
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3616
623
1017
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Jajp
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631
576
4764
234
2764
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0344
517
735
7128
715
3626
610
Ang
ul39
4228
122
839
9511
89
1611
111
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jam
4604
596
371
4829
550
5858
550
12G
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ati
318
4724
341
285
429
13K
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1432
6591
1406
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916
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14N
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5541
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423
0419
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616
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587
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319
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3862
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130
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5665
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5796
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3212
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314
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3027
215
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161
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28B
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630
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Sl. N
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me
of th
e Ju
dges
hip
CIVI
L SU
ITS
CIVI
L AP
PEAL
S
TO
TA
L
Court
News24
-
Ope
ning
Bal
ance
as
on
01.0
7.20
14
Inst
itutio
n du
ring
the
Qua
rter
Disp
osed
of
durin
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Pend
ency
as
on
30.0
9.20
14O
peni
ng B
alan
ce a
s on
01.
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014
Inst
itutio
n du
ring
the
Qua
rter
Disp
osed
of
durin
g th
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Pend
ency
as
on
30.0
9.20
14
1B
alas
ore
626
142
3473
415
64
172
Bha
drak
342
2316
349
84
39
3B
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975
399
251
125
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21
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65
Cut
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272
3035
267
116
215
6Ja
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216
137
222
30
03
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3816
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96
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311
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132
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212
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82
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411
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14N
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17K
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170
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103
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21M
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4146
447
394
4199
288
6251
299
Sl. N
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me
of th
e Ju
dges
hip
CIV
IL M
ISC.
APP
EALS
CIVI
L R
EVIS
ION
S
TO
TA
L
Court
News25
-
Ope
ning
Bal
ance
as
on
01.0
7.20
14
Inst
itutio
n du
ring
the
Qua
rter
Disp
osed
of
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Pend
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as
on
30.0
9.20
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peni
ng B
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ce a
s on
01.
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014
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itutio
n du
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the
Qua
rter
Disp
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of
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as
on
30.0
9.20
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1B
alas
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1362
5827
1393
5660
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166
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659
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348
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750
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262
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Sl. N
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of th
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dges
hip
EXEC
UTIO
N PR
OCE
EDIN
GS
M.J
.C.s
/ SP
ECIA
L AC
T CA
SES
Court
News26
-
Ope
ning
Bal
ance
as
on
01.0
7.20
14
Inst
itutio
n du
ring
the
Qua
rter
Disp
osed
of
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Pend
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as
on
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9.20
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peni
ng B
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014
Inst
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Disp
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Pend
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as
on
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9.20
14
1B
alas
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1286
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239
1169
786
7068
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2B
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4234
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835
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45
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tack
7425
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527
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5126
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endr
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746
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298
4691
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Jajp
ur71
255
8368
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8799
8810
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nkan
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4178
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8841
551
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610
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ul52
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6455
587
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5589
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Gan
jam
3218
258
408
3068
2812
199
147
2864
12G
ajap
ati
471
1236
155
2122
154
13K
alah
andi
213
4626
233
262
5132
281
14N
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da39
30
4212
830
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415
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njha
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101
947
765
8688
763
16K
hurd
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626
933
3814
3919
384
1548
17K
orap
ut56
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597
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kana
giri
364
337
165
4326
182
19N
awar
angp
ur15
14
714
822
836
4322
120
Ray
gada
7316
1376
318
1838
298
21M
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bhan
j38
171
4440
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113
458
587
22P
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ani
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417
7961
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4210
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uri
3760
131
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3707
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25N
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267
2525
267
589
6148
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26Sa
mba
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692
9475
711
1012
128
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9027
Deo
garh
235
206
249
9228
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628
Bar
garh
546
3226
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580
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guda
196
2012
204
258
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254
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ndar
garh
1268
122
8113
0997
413
496
1012
3030
920
2825
0729
830
1948
923
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4020
250
Sl. N
o.Na
me
of th
e Ju
dges
hip
M.A
.C.T
. CA
SES
SESS
IONS
CAS
ES
TO
TA
L
Court
News27
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Ope
ning
Bal
ance
as
on
01.0
7.20
14
Inst
itutio
n du
ring
the
Qua
rter
Disp
osed
of
durin
g th
e Q
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er
Pend
ency
as
on
30.0
9.20
14O
peni
ng B
alan
ce a
s on
01.
07.2
014
Inst
itutio
n du
ring
the
Qua
rter
Disp
osed
of
durin
g th
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er
Pend
ency
as
on
30.0
9.20
14
1B
alas
ore
252
2217
257
139
825
122
2B
hadr
ak41
415
1841
115
617
1615
73
Bal
angi
r20
830
1522
311
111
1610
64
Sone
pur
357
018
339
101
108
103
5C
utta
ck43
555
5943
110
317
2298
6Ja
gats
ingh
pur
179
82
185
475
448
7K
endr
apar
a83
86
8562
59
588
Jajp
ur14
218
915
172
1311
749
Dhe
nkan
al65
178
7429
40
3310
Ang
ul10
61
410
345
119
4711
Gan
jam
338
4422
360
105
1318
100
12G
ajap
ati
268
430
191
218
13K
alah
andi
231
914
226
326
1127
14N
uapa
da38
75
4012
22
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Keo
njha
r22
634
1824
248
199
5816
Khu
rda
378
2535
368
160
1623
153
17K
orap
ut87
157
9554
212
4418
Mal
kana
giri
215
026
181
217
19N
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ur76
102
8421
34
2020
Ray
gada
115
26
111
149
617
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ayur
bhan
j90
177
100
4515
357
22P
hulb
ani
7018
2662
145
910
23B
oudh
72
27
03
03
24P
uri
191
1023
178
8414
1583
25N
ayag
arh
163
2114
170
576
855
26Sa
mba
lpur
108
24
106
730
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27D
eoga
rh30
63
332
63
528
Bar
garh
637
1357
9211
3568
29Jh
arsu
guda
215
620
1411
916
30Su
ndar
garh
9922
1810
336
2113
44
4619
443
385
4677
1765
265
308
1722
Sl. N
o.Na
me
of th
e Ju
dges
hip
CRI
MIN
AL
APP
EALS
CRIM
INA
L R
EVIS
IONS
TO
TA
L
Court
News28
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Ope
ning
Bal
ance
as
on
01.0
7.20
14
Inst
itutio
n du
ring
the
Qua
rter
Disp
osed
of
durin
g th
e Q
uart
er
Pend
ency
as
on
30.0
9.20
14O
peni
ng B
alan
ce a
s on
01.
07.2
014
Inst
itutio
n du
ring
the
Qua
rter
Disp
osed
of
durin
g th
e Q
uart
er
Pend
ency
as
on
30.0
9.20
14
1B
alas
ore
8854
659
539
998
6934
1033
2B
hadr
ak89
608
625
7229
950
1433
53
Bal
angi
r41
303
273
7123
829
2324
44
Sone
pur
1311
310
818
848
290
5C
utta
ck55
468
470
5311
6499
2112
426
Jaga
tsin
ghpu
r66
218
266
1825
325
1126
77
Ken
drap
ara
6518
422
425
208
263
231
8Ja
jpur
6823
526
241
356
5217
391
9D
henk
anal
4023
824
632
356
2715
368
10A
ngul
4921
622
342
723
466
763
11G
anja
m11
681
786
469
724
118
2981
312
Gaj
apat
i8
113
111
1014
615
1414
713
Kal
ahan
di34
152
165
2139
636
3939
314
Nua
pada
3511
813
518
545
752
15K
eonj
har
3838
938
245
313
2325
311
16K
hurd
a12
757
558
511
712
6479
3313
1017
Kor
aput
2516
217
512
102
318
125
18M
alka
nagi
ri19
6766
2010
98
910
819
Naw
aran
gpur
4999
110
3812
174
1717
820
Ray
gada
2510
812
94
663
168
21M
ayur
bhan
j22
305
290
3721
571
1427
222
Phu
lban
i35
201
214
2254
445
9323
Bou
dh13
103
105
1150
142
6224
Pur
i11
151
654
384
416
4527
434
25N
ayag
arh
5911
914
731
164
3016
178
26Sa
mba
lpur
7132
435
639
462
298
483
27D
eoga
rh8
8891
516
113
417
028
Bar
garh
1122
321
420
302
1715
304
29Jh
arsu
guda
2511
513
64
103
133
113
30Su
ndar
garh
8334
236
362
182
387
213
1488
8065
8473
1080
1008
311
3742
910
791
SPEC
IAL
ACT
CASE
S
TO
TA
L
Sl. N
o.Na
me
of th
e Ju
dges
hip
CRI
MIN
AL
MIS
C. C
ASES
Court
News29
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CR
IMIN
AL
CA
SE
S O
F M
AG
ISTE
RIA
L C
OU
RTS
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