Court News Jul-Sep-2014

Swearing-in-Ceremony of Hon'ble Shri Justice Vinod Prasad as Judge

of Orissa High Court on 02.07.2014. Hon’ble 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 � Hon’ble Shri Justice I.Mahanty� Hon’ble Shri Justice B.K.Patel

(i)

Swearing-in-Ceremony of Hon'ble Shri Justice Biswanath Rath as Addl. Judge



Swearing-in-Ceremony of Hon'ble Shri Justice Sangam Kumar Sahoo as Addl. Judge



Swearing-in-Ceremony of Hon'ble Shri Justice Pramath Patnaik as Addl. Judge

of Orissa High Court on 24.09.2014. Hon’ble Shri Justice Amitava Roy, Chief Justice,

Orissa High Court administering the Oath to His Lordship

(ii)

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 Hon’ble the Chief Justice and Hon’ble ... 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 Hon’ble 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 Hon’ble 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

*

HON’BLE JUDGES OF THE ORISSA HIGH COURT

HON’BLE THE CHIEF JUSTICE

Hon’ble Shri Justice Amitava Roy, M.Sc., LL.B.

HON’BLE JUDGES

*

Hon’ble Shri Justice Pradip Kumar Mohanty, LL.B.

Hon’ble Shri Justice Vinod Prasad, LL.B.

Hon’ble Shri Justice Indrajit Mahanty, LL.M.

Hon’ble Kumari Justice Sanju Panda, B.A., LL.B.

Hon’ble Shri Justice Biswanath Mahapatra, M.A., LL.B., PGDTL.

Hon’ble Shri Justice Bhabani Prasad Ray, B.A.,LL.B.

Hon’ble Shri Justice Subhash Chandra Parija, LL.B.

Hon’ble Shri Justice Bijaya Krishna Patel, M.A., LL.B.

Hon’ble Shri Justice Bijaya Kumar Nayak, LL.M.

Hon’ble Shri Justice Sanjaya Kumar Mishra, M.A., LL.B.

Hon’ble Shri Justice Chitta Ranjan Dash, LL.M.

Hon’ble Shri Justice Raghubir Dash, B.A., LL.B.

Hon’ble Dr. Justice Akshaya Kumar Rath, LL.M., Ph.D.

Hon’ble Shri Justice Biswajit Mohanty, M.A., LL.B.

Hon’ble Dr. Justice Bidyut Ranjan Sarangi, B.Com.(Hons), LL.M., Ph.D.

Hon’ble Shri Justice Debabrata Dash, B.Sc. (Hons.), LL.B.

Hon’ble Shri Justice Satrughana Pujahari, B.A. (Hons.), LL.B.

Hon’ble Shri Justice Biswanath Rath, B.A., LL.B.

Hon’ble Shri Justice Sangam Kumar Sahoo, B.Sc., M.A. (Eng.), M.A.(Oriya), LL.B.

Hon’ble Shri Justice Pramath Patnaik, M.A., LL.B.

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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)


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.21.11.2001–After 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)


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. WORKMEN’S 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. WORKMEN’S 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.


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.


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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 petitioner’s 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 not“electrical 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 husband’s 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 husband’s 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 Hon’ble 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 Court’s 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 – Court’s 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 – Daughter’s 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 petitioner’s 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.


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.


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 Hon’bleCourt to Opp.Party Nos. 1 to 3 for dismissal of Opp.Party No.4 ? – Held, the petitioner has no such locusstandi in service jurisprudence.


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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 Hon’ble Shri Justice Amitava Roy, Chief Justice, Orissa HighCourt & Patron-in-Chief, Odisha Judicial Academy who presented the Inaugural Address. Hon’ble ShriJustice Indrajit Mahanty delivered the Welcome Address and Hon’ble 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 byHon’ble Shri Justice S.J.Mukhopadhaya, Judge, Supreme Court of India and Hon’ble 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.

Hon’ble 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 Hon’ble 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 one’s 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 Hon’ble 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 Hon’ble Shri Justice Madan B.Lokur, Judge,Supreme Court of India in presence of Hon’ble Shri Justice Amitava Roy, Chief Justice, Orissa High Courtwho presented the introductory address. Welcome address was delivered by Hon’ble Shri Justice S.C.Parija,Judge, Orissa High Court

Hon’ble 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, Hon’ble Kumari Justice Sanju Panda, Judge, Orissa High Court &Chairperson, J.J.Committee, Hon’ble 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.

Hon’ble 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. Hon’ble the Chief Justice, Hon’bleJudges 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, Hon’ble ShriJustice Amitava Roy, Chief Justice, Orissa High Court hoisted the National Flag on 15.8.2014. Hon’bleJudges 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 byHon’ble Shri Justice Amitava Roy, Chief Justice, Orissa High Court on 20.9.2014. Hon’ble 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 Hon’ble Shri Justice Amitava Roy, Chief Justice, Orissa High Court on 27.9.2014 in august presenceof Hon’ble 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 Hon’ble Shri Justice Amitava Roy, Chief Justice,Orissa High Court on 16.8.2014. Hon’ble 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 Hon’ble 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 Hon’ble Shri Justice B.K.Patel, Judge, Orissa HighCourt on 23.8.2014 in presence of Hon’ble Shri Justice Debabrata Dash, Judge, Orissa High Court.

Photo - Pg. vi

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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

CourtComplexes

PRESENT STATUS OF IMPLEMENTATION OF “E-COURTS PROJECT”

e-Courts Project in Odisha

In our State a Steering Committee under the chairmanship of Hon’ble Shri Justice I. Mahanty, Hon’ble ShriJustice S.C. Parija and Hon’ble 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 Hon’ble Shri Justice S. C.Parija& Hon’ble Shri Justice S. K. Sahoo, Judges of the Hon’ble 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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Hon’ble Chief Justice & Hon’ble Judges of Orissa High Courtparticipating Programmes/ Courses at the N.J.A., Bhopal and other places

Names of the Hon’ble Judges PeriodSl. No. Topics

1. Hon’ble Shri JusticeP.K.Mohanty

12.07.2014 Attended the meeting of Hon’bleExecutive Chairman of NALSA,Hon’ble Mr. Justice H.L. Dattu

Judge, Supreme Court of India &Executive Chairperson of all State

Legal Services Authorities.

2. Hon’ble 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. Hon’ble Shri JusticeB.N.Mahapatra

09.08.2014 Attended the National Tax Seminarorganised by All India Federation of TaxBar Association, Eastern Zone, Odisha.

4. Hon’ble 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. Hon’ble 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, Hon’ble 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.. Hon’ble Shri Justice B.K.Nayak, Judge, Orissa High Court addressedthe participants on Legal Rights of victims of Domestic Violence under PWDV Act and Hon’ble 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. Hon’ble ShriJustice Amitava Roy, Chief Justice, Orissa High Court & Patron-in-Chief, OSLSA inaugurated the ADRbuilding at Bhubaneswar on 16.8.2014 in presence of Hon’ble Shri Justice Indrajit Mahanty, Judge, OrissaHigh Court & Chairman, High Court Legal Services Committeee. Hon’ble 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, Hon’ble Shri Justice B.K.Patel,Judge, Orissa High Court was pleased to inaugurate the ADR building of Balasore on 23.8.2014 inpresence of Hon’ble 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

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, 18th & 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.


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. 22nd & 23rd Aug.,2014 32 32 Court Manager=32.

6) Training Programme for Public Prosecutors. 25th 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


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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Court

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News28

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Court

News30

Opening Balance as on 01.07.2014

Institution during the

Quarter

Disposed of during the

Quarter

Pendency as on 30.09.2014

1 Balasore 311 3 6 3082 Bhadrak 0 0 0 03 Balangir 129 4 7 1264 Sonepur 0 0 0 05 Cuttack 768 12 2 7786 Jagatsinghpur 0 0 0 07 Kendrapara 0 0 0 08 Jajpur 0 0 0 09 Dhenkanal 0 0 0 010 Angul 0 0 0 011 Ganjam 229 11 9 23112 Gajapati 0 0 0 013 Kalahandi 86 1 3 8414 Nuapada 0 0 0 015 Keonjhar 126 1 4 12316 Khurda 797 15 15 79717 Koraput 148 1 7 14218 Malkanagiri 0 0 0 019 Nawarangpur 0 0 0 020 Raygada 0 0 0 021 Mayurbhanj 184 10 7 18722 Phulbani 117 4 5 11623 Boudh 0 0 0 024 Puri 0 0 0 025 Nayagarh 0 0 0 026 Sambalpur 605 23 8 62027 Deogarh 0 0 0 028 Bargarh 0 0 0 029 Jharsuguda 0 0 0 030 Sundargarh 0 0 0 0

3500 85 73 3512TOTAL

Sl. No.Name of the Judgeship

PREVENTION OF CORRUPTION ACT (Vig. + C.B.I.)

TOTAL NO. OF CIVIL AND CRIMINAL CASES IN THE SUB-ORDINATE JUDICIARYOF THE STATE DURING THE PERIOD FROM 01.07.2014 TO 30.09.2014

Opening Bal. Institution Disposed of Pending

CIVIL 242279 18842 15578 245543

CRIMINAL 933751 78667 69261 943157

GRAND TOTAL 1176030 97509 84839 1188700

Court

News31

INSTITUTION, DISPOSAL & PENDENCY OF CASES IN THE FAMILY COURTS OF THE STATEFROM 1.7.2014 TO 30.9.2014

Sl. No.Name of the

Family CourtsOpening Balance as on

01.07.2014

Institution during the

Quarter

Disposed of during the

Quarter

Transfer to Other Courts

Pendency as on 30.09.2014

1 Balasore 3413 259 253 3419

2 Balangir 382 85 50 2 415

3 Cuttack 7209 367 445 445 6686

4 Kendrapara 1397 153 130 1 1419

5 Jajpur 1625 180 194 1611

6 Dhenkanal 222 132 112 2 240

7 Berhampur 1146 205 204 8 1139

8 Bhawanipatna 106 20 33 93

9 Keonjhar 527 59 138 448

10 Khurda 1168 105 67 1206

11 Bhubaneswar 2423 348 296 2 2473

12 Jeypore 382 46 43 1 384

13 Baripada 954 122 247 829

14 Phulbani 185 60 53 192

15 Puri 1669 176 134 2 1709

16 Sambalpur 396 79 52 1 422

17 Rourkela 1539 180 91 1 1627

24743 2576 2542 465 24312TOTAL

INFRASTRUCTURAL DEVELOPMENT FOR THE HIGH COURT OF ORISSAAND THE SUBORDINATE JUDICIARY DURING THE FINANCIAL 2014-15

The State Government have provided funds amounting to Rs. 9595.12 Lakh under State Planduring the financial year 2014-15 for development of infrastructure for Subordinate Courts, DistrictCourts, High Court Buildings and their residential buildings. The budgetary provision includes -fundsamounting to Rs. 1247.00 Lakh under Centrally Sponsored Scheme with Central Share amounting toRs. 935.35 Lakh and State Share of Rs. 311.75 Lakh at the ratio of 75:25.

In the meantime, funds amounting to Rs. 1470.00 lakh have been released for construction of6 nos. of District Court Building in the newly created Judgeships at Nuapada, Nayagarh, Angul,Jharsuguda, Sonepur and Boudh.

– 0 –

Court

News32

Regional Judicial Conference on“Strengthening Justice Delivery System : Tools & Techniques”

Hon’ble Shri Justice Amitava Roy, Chief Justice, Orissa High Court

inaugurating the Regional Judicial Conference on 29.08.2014

Hon’ble Shri Justice S.J. Mukhopadhaya, Judge, Supreme Court of India and Hon’ble

Shri Justice Dipak Misra, Judge, Supreme Court of India attending the technical sessions

in the Regional Judicial Conference on various topics on 30.8.2014 and 31.8.2014.

(iv)

Regional Round Table Conference on “Effective Implementation of Juvenile Justice(Care & Protection of Children) Act 2000”

held on 13.09.2014 & 14.09.2014

Hon’ble Shri Justice Madan B.Lokur, Judge, Supreme Court of India, Hon’ble Shri Justice

Amitava Roy, Chief Justice, Orissa High Court and Hon’ble Shri Justice S.C.Parija, Judge,

Orissa High Court adorning the dias in the inaugural session.

Hon’ble Guests inaugurating the Round Table Conference on “Effective Implementation

of Juvenile Justice (Care & Protection of Children) Act 2000” on 13.9.2014

Hon’ble Shri Justice Amitava Roy, Chief Justice, Orissa High Court inaugurating the

A.D.R. Centre at Bhubaneswar on 16.8.2014

in presence of Hon’ble Shri Justice I.Mahanty, Judge, Orissa High Court.

(v)

Hon’ble Shri Justice B.K.Patel, Judge, Orissa High

Court inaugurating the A.D.R. Centre at Balasore

on 23.8.2014 in presence of Hon’ble Shri Justice

Debabrata Dash, Judge, Orissa High Court.

Hon’ble Kumari Justice Sanju Panda, Judge,

Orissa High Court inaugurating the A.D.R.

Building at Berhampur on 16.8.2014

(vi)


Court of Addl. District Judge at Kamakshyanagar (Dist. Dhenkanal) on 27.9.2014

in presence of Hon’ble Shri Justice B.N.Mahapatra, Judge, Orissa High Court.


Court of Addl. District Judge at Gunupur (Dist. Rayagada) on 20.9.2014

in presence of Hon’ble Shri Justice S.Pujahari, Judge, Orissa High Court.

Court News Jul-Sep-2014

Documents

Court News Jul-Sep-2014