Honble Shri Justice Venkategowda Gopalagowda being Sworn - in as Chief Justice of Orissa High Court by His Excellency Shri

Murlidhar Chandrakant Bhandare, the Governor of Orissa on 25.03.2010

Honble Shri Justice Bijaya Krishna Patel being Sworn - in as Judge of Orissa High Court by Honble Shri Justice I.M. Quddusi, the Acting Chief Justice of Orissa High Court on 14.01.2010

Editorial Board

Honble Shri Justice L.Mohapatra Honble Shri Justice I.Mahanty Honble Shri Justice B.K. Patel

Inauguration of Mediation Programme for referral Judges from 20.2.2010 to 25.2.2010 by Honble Shri Justice Cyriac Joseph, Judge, Supreme Court of India in presence of Honble Shri Justice I.M.Quddusi, the then Acting Chief Justice, Orissa High Court.

Valedictory ceremony of Intensive Training Programmes on Mediation held in the Orissa Judicial Academy, Cuttack on 25.3.2010. Seen on the dais (from L to R) Honble Shri Justice B.P.Das, Judge, Orissa High Court, Honble Shri Justice V.Gopala Gowda, Chief Justice, Orissa High Court and Honble Shri Justice L.Mohapatra, Judge, Orissa High Court.

Honble Shri Justice A.K.Patnaik, Judge, Supreme Court of India addressed to the newly recruited Judicial officers on 21.12.2009 in their joining First Foundation Course at O.J.A., Cuttack.

State Level Judicial Colloquium on the issue of Implementation of PC & PNDT Act held at Orissa High Court, Cuttack on 20.02.2010. Guests on the dais (from L to R) Ms. Anu Garg, Secretary, H&FW. Deptt, Honble Minister Sri Prasanna Acharya, H&FW Deptt., Honble Shri Justice Cyriac Joseph, Judge, Supreme Court of India, H.E. Shri Murlidhar Chandrakant Bhandare, Governor of Orissa, Honble Shri Justice I.M.Quddusi, the then Acting Chief Justice, Orissa High Court, Honble Shri Justice B.P. Das, Judge, Orissa High Court & Shri Nesim Tumkaya, UNFPA - Country Representative, India.

Intensive Mediation Training Programme for referral Judges organised by OSLSA in the O.J.A., Cuttack from 22.2.2010 to 25.2.2010. Guests on the dais (from L to R) Smt. Sobha Patil, Master Trainer, Bangalore Mediation Centre, Honble Shri Justice B.P.Das, Judge, Orissa High Court, Honble Shri Justice Cyriac Joseph, Judge, Supreme Court of India, Honble Shri Justice I.M.Quddusi, the then Acting Chief Justice, Orissa High Court, Honble Shri Justice L.Mohapatra, Judge, Orissa High Court & Smt. S.Sushila, Master Trainer, Bangalore Mediation Centre.

Observance of International Womens Day organized by Orissa State Legal Services Authority in association with High Court Legal Services Committee at Orissa High Court, Cuttack on 8.3.2010. Guests on he dais (from L to R) Smt. Mrinalini Padhi, Member, HCLSC, Honble Kumari Justice Sanju Panda, Honble Shri Justice B.P.Das, Judges of Orissa High Court, Dr. Manjushree Patnaik and Smt. Sujata Mohapatra, Members, HCLSC.

CHIEF JUSTICES BUNGALOW KILLA FORT, CUTTACK - 753 001 Phone : (0671) 2507808 (Off.) 2301703 (Res) 2301505 (Res) Fax: (0671) 2301703 (Res) (0671) 2508446 (Off.)

Justice V. Gopala Gowda

21st April, 2010

FROM THE DESK OF THE CHIEF JUSTICE

I am extremely happy to know that the Orissa High Court is continuing release of Court News since 2007. This is the 1st issue published after my assuming the office of the Chief Justice of this High Court on 25th of March, 2010. The publication of this Eleventh Issue of Court News is the sustained effort of all persons concerned of this Court, which is commendable and highly appreciated. Judiciary is the bedrock of democracy which will have great social commitment for administration of justice to the people of the country. The problem of huge pendency of cases is threatening the faith of the masses in this institution. To restore the confidence of the people on this great Institution, it is necessary for all of us to make sincere endeavour to tackle this problem with the existing infrastructure. I wish and hope that publication of the Court News will disseminate vital information to the people about the functioning of the Courts and the same will be very much usuful for this institution to maintain its independence and for better functioning to achieve our constitutional goals.

(V. GOPALA GOWDA)

ADDRESS OF HONBLE MR. JUSTICE I. M. QUDDUSI, THE THEN ACTING CHIEF JUSTICE, ORISSA HIGH COURT IN THE FULL COURT REFERENCE HELD AT 12.30 P.M. ON 09.02.2010 ON THE SAD DEMISE OF SHRI JUSTICE SAMBHU CHARAN DATTA, FORMER JUDGE OF ORISSA HIGH COURT.

With a heavy heart I want to bring it to your kind notice that Justice Shri Sambhu Charan Datta, a Former Judge of this Court has passed away today at 4.30 a.m. at his Calcutta residence due to massive heart attack. Late Justice Datta was born on 1.9.1936 and after completing his schooling he graduated from Calcutta University in 1954. After obtaining Degree in Law from the said University in 1956, he joined the legal profession and after doing practice for some years joined the Judicial Service in 1962. In 1979 he became a District Judge. During his tenure as a District Judge he held many important posts, like Special Officer of Damodar Valley Corporation, Special Secretary, Judicial Department, Government of West Bengal, Legal Remembrancer, Government of West Bengal and continued as such till his elevation as a permanent Judge of Calcutta High Court on 17.11.1994. Thereafter he was transferred to Punjab and Haryana High Court on 8.12.1994 and again on being transferred to this High Court he joined on 2.4.1996 and retired on 31.8.1998. After his retirement, he was appointed as the Chairman, West Bengal State Consumer Disputes Redressal Forum. Though I had no personal acquaintance with late Justice Datta, I have heard that he was a great believer of moral values and was always giving importance to the dispensation of speedy justice. His knowledge in civil law was very good and the judgments rendered by him prove his efficiency and high calibre in civil law. I am told, Justice Datta was very upright and a strict disciplinarian with a kind and loving heart. He was a gentleman par excellence. Though his stay in Orissa was not for long, still he is remembered by all for his amiable nature. He is survived by two sons; one of his sons is a Doctor. Unfortunately, his wife predeceased him long ago. We pray God that his departed soul may rest in peace and to give enough strength to the members of the bereaved family to bear the loss.

EDITORIAL ACKNOWLEDGEMENT
HONBLE SHRI JUSTICE S.J.MUKHOPADHAYA,
CHIEF JUSTICE, HIGH COURT OF GUJURAT, SOLA, AHMEDABAD.

... I am in receipt of your letter dated 9th March 2010 enclosing herewith a copy of Tenth Issue of Court News published by the Orissa High Court. I have gone through the same and happy to mention that it contains lot of valuable and useful information / details pertaining to the Judiciary in the State of Orissa in general and Orissa High Court, in particular. I appreciate the efforts put in by all concerned for bringing out this publication ...

Court News

CONTENTS

01.

Names of Honble the Chief Justice and Honble Judges of Orissa High Court at present. Appointments and Transfer. (A) (B) (C) Elevation of Honble the Chief Justice Appointment of Honble the Judge Transfer of Honble the Judge.

... ...

2 3

02.

03. 04.

Sanctioned strength & vacancies in Orissa High Court. Institution, Disposal and Pendency of Cases in the High Court from 1.1.2010 to 31.3.2010. Sanctioned strength & vacancies in District & Subordinate Courts Institution, Disposal and Pendency of Cases in District & Subordinate Courts from 1.1.2010 to 31.3.2010 Outlines of some recent Orissa High Court Judgments Activities of Orissa Judicial Academy Major Events Programmes attended by Honble Judges of Orissa High Court at Bhopal & other places. Activities of High Court Legal Services Committee Activities of Orissa State Legal Services Authority

... ...

3 4

05. 06.

... ...

4 5

7. 8. 9. 10.

... ... ... ...

9 26 27 28

11. 12.

... ...

29 30

HHH

Court News HONBLE JUDGES OF THE ORISSA HIGH COURT

HONBLE THE CHIEF JUSTICE Honble Shri Justice V. Gopala Gowda, B.Sc., LL.B.

HONBLE JUDGES Honble Shri Justice I.M.Quddusi, LL.B

Honble Shri Justice B.P. Das, M.A., LL.B. Honble Shri Justice L. Mohapatra, B.Sc., LL.B. Honble Shri Justice A.S. Naidu, B.Sc., LL.B. Honble Shri Justice Pradip Kumar Mohanty, LL.B. Honble Shri Justice M.M. Das, M.A., LL.B. Honble Shri Justice R.N. Biswal, M.A., LL.M. Honble Shri Justice I. Mahanty, LL.M. Honble Kumari Justice Sanju Panda, B.A., LL.B. Honble Shri Justice B.N. Mahapatra, M.A., LL.B., PGDTL. Honble Shri Justice B.P. Ray, LL.B. Honble Shri Justice S.C. Parija, LL.B. Honble Shri Justice B.K. Patel, M.A., LL.B. Honble Shri Justice B.K. Nayak, LL.M. Honble Shri Justice S.K.Mishra, M.A., LL.B. Honble Shri Justice C.R.Dash, LL.M. ( ( Elevated on 25.3.2010 ) Transfered to Chhattisgarh High Court on 25.3.2010)

Court News

Appointments & Transfer

(A) Elevation of Honble the Chief Justice of Orissa High Court
Name of the Honble Chief Justice Date of Birth Date of appointment as Chief Justice of Orissa High Court.

Honble Shri Justice Venkategowda Gopalagowda.

06.10.1951

25.3.2010

(B) Appointment of Honble Judge of Orissa High Court

Name of the Honble Addl. Judge Date of appointment as Addl. Judge Date of appointment as Permanent Judge

Honble Shri Justice Bijaya Krishna Patel

2.2.1956

14.1.2010

(C) Transfer of Honble Shri Justice I.M.Quddusi, as Judge of Chhattisgarh High Court.
Name of the Honble Judge Date of Birth
Date of Appointment as Judge of Orissa High Court. (i) Date of transfer (ii) Notification No.

Honble Shri Justice Ishrat Masroor Quddusi

18.06.1950

06.12.2004

(i) 25.3.2010 (ii) Notification No. K.11017/2/2010-US.II, dated 22nd March, 2010 of Govt. of India, Ministry of Law & Justice (Deptt. of Justice)

SANCTIONED STRENGTH & VACANCIES IN HIGH COURT

(As on 31.3.2010)
Sanctioned Strength Working Strength Vacancies

17 + 5* = 22
(A)* (B)

13 + 3* = 16

Addl. Judges One Honble Judge of this Court has been elevated as Chief Justice of Patna High Court and one Honble Judge of other High Court has been elevated to this High Court as Chief Justice.

Court News

INSTITUTION, DISPOSAL AND PENDENCY OF CASES IN THE HIGH COURT

(From 1.1.2010 to 31.3.2010) MAIN CASES
Pendency as on 1.1.2010 Civil 114885 Criminal 27381 Institution during the period Civil 8337 Criminal 7490 Total disposal during the period Civil 6155 Criminal 8426 Pendency as on 31.3.2010 Civil 117067 Criminal 26445

MISC. CASES
Pendency as on 1.1.2010 Civil 116384 Criminal 1168 Institution during the period Civil 7594 Criminal 2669 Total disposal during the period Civil 5551 Criminal 2283 Pendency as on 31.3.2010 Civil 118427 Criminal 1554

TOTAL NO. OF CIVIL & CRIMINAL CASES DURING THE PERIOD

(From 1.1.2010 to 31.3.2010)
Opening Balance Institution 15931 10159 Disposed of 11706 10709 Pending 235494 27999

Civil Criminal

231269 28549

SANCTIONED STRENGTH & VACANCIES IN DISTRICT AND SUBORDINATE COURTS

(A)
Sl. No. 1. 2. 3. 4. DISTRICT & SUBORDINATE COURTS

(As on 31.3.2010) (Regular Establishment)

Category of Posts District Judge Cadre Sr. Civil Judge Civil Judge Special Judicial Magistrates FAST TRACK COURTS Sanctioned Strength 98 134 259 18 Working Strength 82 113 254 14 Vacancies 16 21 05 04

(B)

(As on 31.3.2010) Functional Strength

35

Present
28

Strength

Vacancies
7

STATEMENTS SHOWING INSTITUTION, DISPOSAL & PENDENCY OF CIVIL & CRIMINAL CASES IN THE SUBORDINATE JUDICIARY FROM 1.1.2010 TO 31.3.2010

Name of the Judgeship Pendency as on 31.3.2010 Institution Disposed of Pendency as on 31.3.2010 Institution Opening Balance as on 1.1.2010 Opening Balance as on 1.1.2010

CIVIL SUITS CIVIL APPEALS

CIVIL MISC. APPEALS

Disposed of Pendency as on 31.3.2010

Opening Balance as on 1.1.2010

Institution

Disposed of

Balasore 196 960 328 321 118 94 545 97 284 53 389 189 106 4384 92319 1584 4806 338 385 8215 6714 1034 469 84 09 41 39 30 466 4643 232 27 1067 288 24 14825 703 23 19 13 45 16 38 34 21 366 1131 125 14 03 1732 262 11 08 265 136 707 299 214 77 1037 343 394 8315 4583 678 46 21 703 4767 346 18 22 342 22949 1418 80 45 1453 852 88 206 73 38 498 113 82 25 556 71 108 3836 2719 594 31 35 590 139

20067 704 20330 73 46 1755

967

1728

987

78 08 75 09 14 02 07 35 04 08 06 33 23 10 312

93 10 75 09 12 02 05 30 10 25 09 23 16 19 338

972 137 852 88 208 73 40 503 107 65 22 566

Bolangir

2702

213

Cuttack

22465

1444

Dhenkanal

4481

614

Ganjam

4443

461

Kalahandi

1589

261

Keonjhar

1082

143

Khurda

14464

906

Koraput

998

166

Mayurbhanj

4614

313

Phulbani

376

146

Puri

6557

546

Court News

Sambalpur

4554

441

78 99 3810

Sundargarh

1485

205

Total :

89877

6826

CIVIL REVISIONS EXECUTION PROCEEDINGS

M.J.Cs. / SPECIAL ACT CASES

Name of the Judgeship Disposed of Pendency as on 31.3.2010 Institution Disposed of Disposed of Pendency as on 31.3.2010 Institution Pendency as on 31.3.2010 Opening Balance as on 1.1.2010 Opening Balance as on 1.1.2010

Opening Balance as on 1.1.2010

Institution

Court News

Balasore

Bolangir

Cuttack

Dhenkanal

Ganjam

Kalahandi Keonjhar

Khurda

Koraput

Mayurbhanj

Phulbani

669 94 1081 134 128 85 84 390 60 58 13 327 97 81 4112 3301

Puri

Sambalpur

1397 776 2968 1872 1723 381 613 2048 741 711 201 781 1485 1491 775 2870 1857 1718 373 597 2080 768 719 199 796 1503 788 16534 767 16464 SESSIONS CASES 7824 697 13326 2346 2491 1076 342 8184 468 711 188 3602 1700 614 43569 CRIMINAL APPEALS
Pendency as on 31.3.2010 Opening Balance as on 1.1.2010 Institution Disposed of Pendency as on 31.3.2010

Sundargarh

26 25 16 06 26 06 02 35 01 08 01 52 22 12 06 01 --04 01 -05 -07 01 02 01 07 35 246 115 16 87 22 23 04 22 47 35 23 02 24 32 38 490 21 17 185 37 28 12 38 15 08 15 04 09 14 17 420 7709 699 13273 2272 2450 1002 335 7884 459 707 177 3577 1611 603 42758 23 30 24 06 28 07 02 38 01 04 -52 24 07

784 92 1134 208 169 159 91 690 69 62 24 352 186 92

Total :

238

03 06 08 -06 02 -08 -03 -02 03 02 43

M.A.C.T. CASES
Pendency as on 31.3.2010 Institution Disposed of Opening Balance as on 1.1.2010

Name of the Judgeship

Opening Balance as on 1.1.2010

Institution

Disposed of

Balasore

Bolangir

Cuttack

Dhenkanal

Ganjam

Kalahandi Keonjhar

Khurda

Koraput

1774 368 12285 1241 3948 285 936 3675 979 1090 160 4211 1141 2588 34319

1761 374 12044 1260 3949 296 873 3574 998

Mayurbhanj

1084

1237 670 2417 639 2195 223 446 1171 656 466 355 1791 1092 460

Phulbani

153

Puri

4165

Sambalpur

1140 1915

Sundargarh

2678

117 54 444 105 150 19 47 70 74 51 28 107 135 122 130 48 685 86 149 08 110 171 55 45 21 61 134 212 1225 648 2251 622 2216 195 464 1151 651 457 360 1803 1073 430 13546 1310 160 82 348 111 100 44 44 99 108 85 85 86 142 88 1582 148 60 182 94 121 16 62 79 103 76 90 98 123 58

551 471 464 207 346 313 180 308 318 148 155 304 135 233 13818 4133

26 26 34 12 20 08 19 21 36 16 33 45 27 41 364

20 21 24 21 24 01 07 19 34 21 42 15 14 54 317

557 476 474 198 342 320 192 310 320 143 146 334 148 220 4180

Total :

34711

1523

CRIMINAL REVISIONS CRIMINAL MISC. CASES

Pendency as on 31.3.2010 Institution Disposed of Disposed of Pendency as on 31.3.2010 Institution Pendency as on 31.3.2010 Opening Balance as on 1.1.2010 Opening Balance as on 1.1.2010

SPECIAL ACT CASES

Name of the Judgeship Disposed of

Opening Balance as on 1.1.2010

Institution

Balasore

Bolangir

Cuttack

Dhenkanal

Ganjam

Kalahandi Keonjhar

Khurda

Koraput

Mayurbhanj

Phulbani

Puri

Sambalpur

Sundargarh

438 226 210 95 264 137 15 213 131 84 49 189 113 50 425 214 196 96 260 140 18 215 132 67 50 178 109 42 21 10 06 15 13 09 07 08 17 06 02 14 06 12 270 146 3181 2142 6857 908 6804 855 3057 452 160 279 304 274 306 57 357 271 61 40 274 174 48 39 46 12 10 09 28 13 24 28 08 02 14 32 05 470 196 285 299 270 325 63 373 282 63 40 274 200 41 389

46 25 18 13 38 07 03 35 23 12 16 26 35 20 59 37 32 12 42 04 -33 22 29 15 37 39 28 77 44 100 30 119 37 74 147 71 35 11 68 64 31 80 28 168 57 111 30 23 109 54 25 17 61 63 29 553 390 1034 402 861 180 306 774 389 260 165 535 643 365 556 374 1102 429 853 173 255 736 372 250 171 528 642 363

Total :

2214

317

Name of the Judgeship Institution

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

Disposed of Pendency as on 31.3.2010

Opening Balance as on 1.1.2010

Balasore

Bolangir

Cuttack

Dhenkanal

Ganjam

Kalahandi Keonjhar

Khurda

Koraput

Mayurbhanj

Phulbani

Court News

Puri

Sambalpur

Sundargarh

518 128 529 -264 --850 128 ---459 01 03 06 11 -18 --35 06 ---06 -85

04 -06 -08 --21 06 ---08 -53

517 134 534 -274 --864 128 ---457 01 2909

Total :

2877

CRIMINAL CASES OF MAGISTERIAL COURTS

Name of the Judgeship

Opening Balance as on 1.1.2010 Institution Gen. File Trial File Trial File Total 64456 21324 176770 63722 55753 9405 677 106043 50543 17861 11821 1851 10412 2884 27966 46472 23758 63431 60606 533617 21137 10503 5156 14050 16008 12219 327796 35287 20743 116265 71680 28364 16977 37808 79439 72825 861413 41277 7824 46617 12190 18590 2194 1427 3597 866 2299 1433 658 951 3452 732 1162 1392 5039 2764 776 1374 3936 4703 993 13966 10222 1439 25882 4298 37163 2718 51532 4927 130153 3337 13500 2824 23179 Total Gen. File 4193 3202 5289 3478 4529 1713 941 6446 3331 653 1487 2417 10562 3461 51702 18506 120 5373 459 212 44 484 3752 335 06 1999 1852 1330 1910 630 Total 63087 21459 176408 62962 55522 35013 20795 114522 72285 28487 16864 37242 79289 72248 856183

Disposed of Pendency as on 31.3.2010

Court News

Gen. File

Trial File

Balasore

40105

22982

Bolangir

13916

7543

Cuttack

129800

46608

Dhenkanal

50763

12199

Ganjam

36609

18913

Kalahandi

25503

9510

Keonjhar

14036

6759

Khurda

104429

10093

Koraput

50827

21458

Mayurbhanj

17880

10607

Phulbani

11914

4950

Puri

23499

13743

Sambalpur

63552

15737

Sundargarh

60060

12188

Total :

642893

213290

TOTAL NO. OF CIVIL AND CRIMINAL CASES DURING THE PERIOD FROM 1.1.2010 TO 31.3.2010

Opening Balance 196099 882865

Institution 13772 61177

Disposed of 10759 55491

Pendency 199112 888551

CIVIL

CRIMINAL

Court News

OUTLINES OF SOME RECENT ORISSA HIGH COURT JUDGEMENTS

SUDARSAN SETHI V- STATE OF ORISSA. CRIMINAL REVISION NO.458 OF 1996.(Dt.5.1.2010) BIHAR & ORISSA EXCISE ACT, 1947 SEC.47(a). I.D. liquor recovered from the house of the accused Whenever any article is seized from the house of the accused it is for the prosecution to establish that such contraband articles were in conscious and exclusive possession of the accused In order to establish the same, the prosecution, must prove the exclusivity of possession of such contraband by the accused by independent evidence. In this case there is no iota of evidence regarding the sole and exclusive possession of the contraband articles by the accused There is no independent evidence regarding his residence in that house Secondly whenever there were other adult members in that house, the prosecution must exclude the possession of other inmates of the house and prove that the accused was in fact in exclusive and conscious possession of the contraband articles Held, impugned judgments are set aside. (S.K.Mishra, J.) BOARD OF SECONDARY EDUCATION, ORISSA -V- MAHENDRA KUMAR PATEL & ORS. REVPET NO.3 OF 2010. (Dt.6.1.2010) CIVIL PROCEDURE CODE, 1908 ORDER 47, RULE 1. Power of Review When exercised The power of review may be exercised on the discovery of new and important matter or evidence which after the exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made. (M.M.Das, J.) LINGARAJ REAL ESTATES & DEVELOPERS (P) LTD.-V-STATE OF ORISSA & ANR. CRIMINAL REVISION NO.112 OF 2008.(Dt.6.1.2010) CRIMINAL PROCEDURE CODE, 1973 SEC.313. Summons case Court may dispense with recording of accused statement where his attendance was dispensed with U/s. 205 Cr.P.C. However the accused has to make an application supported by his/her own affidavit indicating his/her real difficulties vis--vis an undertaking that he/she will not raise the question of prejudice at any stage of the case including appeal and revision. (S.K.Mishra, J.) SAROJ KUMAR PANDA -V- STATE OF ORISSA. CRLMC.NO.2536 OF 2003.(Dt.11.01.2010) PREVENTION OF CORRUPTION ACT, 1988 SEC.13(1)(c)(d) & (2) r/w SEC.120-B IPC. Petitioner is the proprietor of a private firm He can not be implicated for an offence under the P.C.Act. No material to show the commission of offence of conspiracy No statement showing meeting of mind between the two accused persons Prosecution failed to make out a case U/s.120-B IPC. Held, order of cognizance passed by the learned Special Judge (Vigilance), Bhubaneswar against the petitioner is quashed. (M.M.Das, J.)

10

Court News
MAHESWAR MISHRA -V- STATE OF ORISSA & ANR. CRIMINAL REVISION NO.45 OF 2008.(Dt.12.01.2010) NEGOTIABLE INSTRUMENTS ACT, 1881 SEC.138. Cheque dishonoured for payment countermanding by the drawer and drawers signature differs Cognizance of the offence U/s.138 N.I. Act was taken against the petitioner Order of cognizance challenged Held, order of cognizance is not bad on the ground of countermanding of the cheque. (S.K.Mishra, J.) SMT. SUBASINI CHOUDHURY -V- SMT.BISAKHA KAR & ORS. F.A.O. NO.251 OF 2004. (Dt.13,1,2010). (A) SUCCESSION ACT, 1925 SEC.63. Will Not compulsorily registrable Court should not draw any inference against the genuineness of the will on the ground of its non-registration. (B) SUCCESSION ACT, 1925 SEC.63. Execution of will Deprivation of natural heirs Whole idea behind execution of will is to interfere with the normal line of succession So natural heirs would be debarred in every case of will either fully or partially. In the present case there are materials appearing on the face of the will that the testator was neglected by all his kith and kin which by implication includes his daughter Held, no suspicious circumstances can be presumed as the testator had only one daughter who was debarred by execution of the will. (C) SUCCESSION ACT, 1925 SEC.63. Will Question of title over the properties bequeathed under the will Court in which a will is sought to be probated has no jurisdiction to examine the question of title to the property under the will. (D) SUCCESSION ACT, 1925 SEC.63, 276. Will Appreciation of evidence of attesting witnesses to a will They happened to be chance witnesses Discrepancies in their evidence bound to appear in view of the long gap between the date of execution of the will and the date of examination of the witnesses No ground for disbelieving their evidence. Held, impugned judgment is not sustainable This Court finds the will is a genuine one There is no suspicious circumstances concerning the execution of the will The testator executed the will while in sound health and mind and the will is the last will of the testator The will be probated and required letter of administration be issued in favour of the appellant. (M.M.Das, J.) SRI HIRALAL GUPTA -V- REPUBLIC OF INDIA & ORS. CRIMINAL REVISION NO.5 OF 2010. (Dt.13.1.2010). CRIMINAL PROCEDURE CODE, 1973 SEC.305. Petitioner was appointed as representative of the Company DITCO U/s. 305 (2) Cr.P.C. He filed petition before the trial Court for exempting him to go on bail Application rejected Hence this revision. The provision has been enacted to overcome practical difficulties in trial of a corporation The Parliament have not used the word accused to describe the representative of the Company Moreover the question of bail arises only when any person is an accused Held, there is no necessity for the petitioner to apply for bail. (S.K.Mishra, J.)

Court News
MIRZA SIDDIK V- STATE OF ORISSA & ORS. W.P.(C) NO.12457 OF 2009. (Dt.14.1.2010) ORISSA GOVERNMENT LAND SETTLEMENT ACT, 1962 SEC.7-A(3).

11

Land sanctioned in favour of the father of the petitioner as a concession for his serving in Army He was declared eligible by the State Government Resumption of land after the death of the father of the petitioner Order challenged In this case land settled in favour of an ex-army personnel under special lease principles of the Government but not under the provisions of the Act. Held, suo motu proceeding U/s.7-A(3) of the Act is without jurisdiction which is liable to be quashed. (I.M.Quddusi, ACJ & Sanju Panda, J.) CHHOTE KISHAN -V- STATE OF ORISSA JAIL CRIMINAL APPEAL NO.74 OF 1996.(Dt.14.01.2010). PENAL CODE, 1860 SEC.304, PART-I. Deceased gave a push to the wife of the appellant Appellant brought an axe (Falsia) and gave only one blow on the chest of the deceased Occurrence took place due to sudden provocation of the appellant Held, conviction of the appellant U/s.302 IPC. is converted to one U/s.304 Part-I IPC. (Pradip Mohanty,J & B.K.Patel,J.) SOUBHAGYA MOHANTY -V- HAREKRUSHNA MOHANTY & ORS. W.P.(C) NO.17609 OF 2009.(Dt.14.1.2010). CIVIL PROCEDURE CODE, 1908 ORDER 18, RULE 17. Recall of witness for further cross-examination Discretion of the Court to allow at any time before delivery of judgment Discretion must be exercised judicially and on well accepted judicial principles and not arbitrarily or capriciously The Court should exercise the discretion with an aim for giving full opportunity to the parties to present their case and not to fill up their lacuna or drag the proceeding. In the present case P.W.1 was earlier examined and cross-examined He was also further cross-examined as per the direction of this Court Successive applications filed on the same plea was dismissed by the trial Court Held, there is no error apparent on the face of the impugned order for interference by this Court. (Sanju Panda, J.) NIRANJAN SAHOO V- STATE OF ORISSA. BLAPL NO.17303 OF 2009.(Dt.19.1.2010). CRIMINAL PROCEDURE CODE, 1973 SEC.438. Anticipatory bail Earlier application rejected by a Bench of Co-ordinate jurisdiction Petitioner moved second application Maintainability of the application when principle of resjudicata is not applicable to bail applications. This Court consciously rejected the earlier application and granted liberty to the petitioner to surrender before the Court below and move for regular bail and without complying with the direction of this Court, petitioner filed the present application No substantial change of circumstances or events Held, Second application for anticipatory bail is not maintainable and accordingly it stands rejected. (B.K.Nayak, J.)

12

Court News
SK.IBRAHIM -V- STATE OF ORISSA & ORS. W.P.(C) NO. 15573 OF 2006.(Dt.22.1.2010). ORISSA FOREST ACT, 1972 SEC.56 (2-C). Confiscation of vehicle Vehicle carrying Kendu leaves without any authority In this case petitioner had given the vehicle to his driver - Even if the petitioner instructed the driver not to use the vehicle for illegal purposes and he had no knowledge about the use of his vehicle illegally, the driver being the agent in charge of the vehicle, knowingly used the same for Commission of forest offence Held, the vehicle cannot escape confiscation. (I.M.Quddusi, ACJ & B.K.Nayak, J.) PREMANJAN PARIDA -V- STATE OF ORISSA & ANR. W.P.(C) NO.5488 OF 2006.(Dt.25.1.2010) CONSTITUTION OF INDIA, 1950 ART.311. Departmental Proceeding Unexplained delay in initiation of the Proceeding Proceeding vitiated. In this case departmental Proceeding initiated in 2001 Opp. Parties did not choose to frame charges & petitioner had been exonerated of the charges No explanation to frame charges seven years after the alleged incident Held, departmental proceeding is quashed. (L.Mohapatra, J & B.P.Ray, J.) PRAMOD KUMAR BASTIA -V- STATE OF ORISSA. CRIMINAL MISC.CASE NO.1428 OF 2008. (Dt.28.01.2010). CRIMINAL PROCEDURE CODE, 1973 SEC.482. Quashing of proceeding U/s.376 IPC Not compoundable in terms of Section 320 Cr.P.C. Petitioner being a teacher had kept sexual relationship with the victim who was a student Petitioner managed to subvert the course of justice as he continued as a Govt. teacher for the last 17 years although N.B.W. issued by the trial Court for his apprehension Anguish of the victim about the clear failure of the judicial system compelled her to file affidavit supporting the prayer of the petitioner for quashing of the proceeding. Held, plight of the victim can not be allowed to be used as a ground in the hands of the accused petitioner for seeking quashing of a Criminal Proceeding Direction issued for immediate apprehension of the petitioner and for initiation of appropriate disciplinary action. ( I.Mahanty, J.) ANUPAMA BEHERA & ORS. -V- D.M.,L.I.C. OF INDIA CUTTACK & ANR. W.P.(C) NO.6994 OF 2005.(Dt.29.1.2010). INSURANCE ACT, 1938 SEC.45. Repudiation of claim Test to determine If the facts not disclosed in the proposal form has any bearing on the risk undertaken by the insurer then the same can be construed as a material fact for repudiation. In the present case the insured died on 18.06.2004 due to heart failure No material that the insured suffered from any serious disease affecting his lite expectancy prior to his taking the policies The medical book maintained by the employer of the insured disclosed that he had complained of lower back pain in the year 1999 Merely because the insured had not disclosed in the proposal form some minor ailments which had no material bearing on the risk undertaken by the L.I.C., the same can not be construed as fraudulent suppression of material facts so as to authorise the LIC to repudiate its liability under the contract of Insurance. Held, repudiation of Insurance Policies and rejection of claim by the LIC not justified. (B.P.Das, J & S.C.Parija, J.)

Court News
KISHORE CHANDRA MOHANTY -V- UNION OF INDIA & ORS. RVWPET NO.210 OF 2008. (dt.29.1.2010). CIVIL PROCEDURE CODE, 1908 ORDER 47, RULE 1.

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Review Jurisdiction Power of review could only be exercised for correction of a mistake or an error which is apparent on the face of the record. Even an illegal or erroneous finding whether on fact or law can not be a ground for review and the only remedy available to the party to challenge such decision in appeal. In the present case the review petitioner calls upon the Court to reconsider the issue afresh on a point which was never argued earlier Held, review petition is liable to be dismissed. (L.Mohapatra, J & I.Mahanty, J.) SRIDHAR JENA -V- SANTOSH KUMAR JENA & ORS. W.P.(C) NO.15462 OF 2009.(Dt.2.2.2010) ORISSA MUNICIPAL CORPORATION ACT, 2003 SEC.87. Petitioner elected as Corporator Bhubaneswar Municipal Corporation His election was challenged on the ground of corrupt practice who suppressed pendency of Criminal Case against him at the time of filing nomination Petitioner filed petition Under Order 7 Rule 11 C.P.C. to reject the election petition as not maintainable Application dismissed Hence the writ petition. Section 89 of the Act lays down the grounds to declare an election void and suppression of pendency of Criminal Case would not amount to corrupt practice as provided U/s.87(c) of the Act Held, impugned order is set aside consequently the election petition stands rejected. (R.N.Biswal, J.) SMT.TULASI SAHUKAR -V- NEW INDIA ASSURANCE COMPANY LTD.& ORS. MACA NO. 452 OF 2004 (Dt.2.2.2010). MOTOR VEHICLES ACT, 1988 SEC.157. Insurance Policy While in force owner expired and the offending vehicle met with an accident Policy not cancelled Ownership of the vehicle transferred in the name of the appellant during subsistence of the said policy Policy issued infavour of the previous owner is deemed to have been transferred in favour of the present owner Impugned award directing owner to pay compensation is set aside Held, no scope for the Insurance Company to avoid the statutory liability towards third party claims but to pay compensation with interest and cost to the claimants. (B.K.Patel, J.) KELU CHARAN BEHERA -V- STATE OF ORISSA. CRIMINAL REVISION NO.248 OF 1996.(Dt.2.2.2010) PENAL CODE, 1860 SEC.354. Outraging the modesty of woman Test to determine Action of the offender is important wherefrom it could be perceived as to how it is capable of shocking the sense of decency of a woman. In the present case the informant does not complain that the petitioner aimed the blow to her breast Rather she has very categorically stated that the petitioner pressed the lathi (Katha) on her neck and stood on it Then the petitioners wife dragged him It appears that the injury to her breast caused accidentally There is no suggestive overtuous regarding sex Held, offence U/s.354 is not made out and the conviction of the petitioner U/s.354 IPC. is not sustainable. (S.K.Mishra, J.)

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Court News
MADAN MOHAN SAHU -V- M/S. CENTRAL AGENCIES. CRIMINAL REVISION NO.883 OF 2007.(Dt.2.2.2010). NEGOTIABLE INSTRUMENT ACT, 1881 SEC.138 r/w SEC.319 Cr.P.C. Issuance of two cheques on different dates Dishonour of both the cheques Held, both the offences can be tried in a single trial and it is not necessary to start two separate complaints for the two cases. (S.K.Mishra, J.) XAVIER INSTITUTE OF MANAGEMENT, BBSR. -V- SWAPNA HARRISON. W.P.(C) NO.8701 OF 2009. (Dt.4.2.2010) CIVIL PROCEDURE CODE, 1908 ORDER 39 RULE 1 & 2. Suit filed by Opp.Party challenging her termination from service along with an application under Order 39 Rule 1 & 2 By the interim order she was reinstated in service Order confirmed in appeal Hence the writ. In the present case the main prayer and the interim prayer of the plaintiff is same So she should not have been re-instated in service before passing of the decree in the suit Moreover once the plaintiff was not in service the Court had no jurisdiction to issue an injunction prohibiting the defendant from removing her from service or directing the authority to continue the plaintiff in service. Held, Courts should not grant interim relief at the initial stage which amounts to final relief while considering the interim application. (Sanju Panda, J.) NITYANANDA BEHERA V- STATE OF ORISSA & ANR. W.P.(C) NO.8647 OF 2006.(Dt.5.2.2010) NOTARY ACT, 1952 - SEC.5(2) r/w RULE 13 (12) (b).

Notarial Certificate of practice Renewal of A Notary once registered is entitled to renewal as a matter of course State Government has no discretion to refuse renewal. In the present case there was allegations of misconduct against the petitioner State Government after considering the misconduct exercised power under Rule 13(12)(b)(iii) of the Notaries Rules, letting off the petitioner with warning Held, the self same misconduct can not be a ground for refusing renewal of his Notarial Certificate of practice Direction issued to Opp.Parties to grant renewal to the petitioner within four weeks. (B.P.Das, J & S.C.Parija, J.) G.M.,REPRESENTING GRIDCO, NOW OPTICL & ANR.-V- SMT.SHYAMALIKA DAS. R.S.A. NO.101 OF 2006. (Dt.5.2.2010). CIVIL PROCEDURE CODE, 1908 (ACT NO.5 OF 1908) SEC.89. Suit for permanent injunction from raising High Tension Tower for drawing the transmission line on the disputed land. Court is required to weigh the individual interest of the plaintiff vis-a-vis the general public interest for getting electricity supply Court to find ways and means to see that public inconvenience is avoided while protecting the interest of the plaintiff. Section 89 has been introduced for the first time for settlement of disputes out side the Court with the avowed objective of providing speedy justice.

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In the present case this Court without referring the matter for a settlement out of Court decided that the appellant shall pay a sum of Rs.1,75,000 as compensation for raising High Tension Tower over the land of the respondent but shall not acquire any title over the land in question. (M.M.Das, J.) NILAKANTHA PRADHAN -V- STATE OF ORISSA & ORS. CRL.REV. NO.107 OF 2006.(Dt.5.2.2010) CRIMINAL PROCEDURE CODE, 1973 SEC.401. Informants revision against an order of acquittal- Evidence of the witnesses have not been properly discussed in the impugned judgment consisting of proper reasoning Propriety has been entirely ignored Approach of the trial Court has resulted in manifest illegality and gross miscarriage of justice Held, order of acquittal recorded by the trial Court can not be sustained which requires interference of the revisional Court. (S.K.Mishra, J.) SMRUTI RANJAN PARIDA -V- TARAMANI DAS & ORS. M.A.C.A. NO.311 OF 2009.(Dt.8.2.2010). MOTOR VEHICLES ACT, 1988 SECS. 2(21),147. Light Motor Vehicle can also mean a light passenger carriage vehicle and light goods carriage vehicle when the gross vehicle weight or unladen weight does not exceed 7500 Kgs. In the present case the offending vehicle is an Auto Rickshaw delivery van but since the driver possess a DL to drive an Auto Rickshaw, the learned Tribunal held that the driver does not possess a valid DL and fixed the liability on the owner. This Court held the Auto Rickshaw had been constructed solely for carriage of goods and as such does not cease to be a light motor vehicle as the gross vehicle weight does not exceed 7500 kgs Hence the driver of the Auto Rickshaw Delivery Van was holding a valid and effective DL and there being no violation of policy condition, the Insurance Company is held liable to pay the compensation amount. (S.C.Parija, J.) SYED NAZAM AHMED @ SAYAD NAJAM AHMED -V- REPUBLIC OF INDIA CRLMC.NO.1628 OF 2008. (Dt.9.2.2010). CRIMINAL PROCEDURE CODE, 1973 SEC.243. Prayer to recall P.Ws.5,6 and 8 for further cross-examination Case registered in 2001 and charge-sheet filed 7 years ago All the above witnesses were cross-examined at substantial length even P.W.6 was again recalled and was further Cross-examined Held, learned C.B.I. Judge was correct that there was no real justification to issue summons to those witnesses for the ends of justice. (I. Mahanty, J.) ORIENTAL INSURANCE CO.LTD.-V-MOCHIRAM SAHOO & ORS. M.A.C.A.NO.100 OF 2009.(Dt.10.02.2010). MOTOR VEHICLES ACT, 1988 SEC.147. Accident causing death Vehicle involved is a private vehicle Vehicle covered by a comprehensive policy Insurance Company is liable to pay the compensation to the claimants. (B.N.Mahapatra, J.)

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M/S. D.T.M. CONSTRUCTION (INDIA) LTD. V- CAPT. P.K.SRIVASTAVA & ANR W.P.(C) NO.1486 OF 2010 (Dt.11.2.2010) ARBITRATION & CONCILIATION ACT, 1996 SEC.9, 37. Application U/s.9 of the Act before the District Judge, Puri , seeking interim relief Clause 19.3 of the agreement provides venue of the arbitration shall be at Mumbai Learned District Judge returned the application for presentation in proper Court at Mumbai No order allowing or refusing the prayer Not appellable U/s.37 (1) of the Act Writ petition is maintainable. However since the word only or ouster has not been used in the said Clause of the agreement the jurisdiction of the Court at Puri is not ousted Held, there is error in the impugned order which is set aside Matter remanded to the learned District Judge, Puri to consider the application on merit. (Sanju Panda, J.) JADUMANI ROUT -V- M.D.,ORISSA STATE SEEDS CORPORATION LTD.&ANR. O.J.C. NO.14002 OF 2001.(Dt.16.02.2010). ORISSA STATE SEEDS CORPORATION SERVICE RULES, 1988 RULE 7(iii). Employee of the Corporation Age of superannuation 60 years He can be asked to retire at the age of 58 if the authority found efficiency of the employee have been impaired. Non-service of three months prior notice Notice does not disclose that the petitioner made to retire compulsorily as his efficiency was found to have been impaired A fresh reason can not be assigned by way of affidavit to validate the earlier order Performance of the petitioner was quite satisfactory and there was no adverse remark with regard to the efficiency of the petitioner during his incumbency. Held, impugned order set aside Petitioner is deemed to have retired from service on superannuation at the age of 60 Direction issued to the Opp.Parties to pay salary/differential salary to the petitioner along with normal annual increments along with other consequential service benefits within two months. (A.S.Naidu, J & B.N.Mahapatra, J.) GARBAPU VENKATIRAMANA -V- STATE OF ORISSA. JAIL CRIMINAL APPEAL NO.220 OF 1998. (Dt.16.2.2010) EVIDENCE ACT, 1872 SEC.27. Leading to discovery Police arrested the accused on 11.08.97 at 12 noon Accused gave disclosure statement in presence of P.W.4 vide Ext.5 Thereafter accused led the police to the half constructed house of one Babu Rao and brought out the weapon of offence M.O.I from the heap of bricks and the same was seized vide Ex.6 P.W.4 is a witness to the leading to discovery He stated to have signed the police paper on the night of occurrence i.e. on 10.03.97 and the accused led the police and M.O.I was recovered at 2.30 P.M. Discrepancy with regared to date of seizure and arrest of the appellant Held, this Court is not inclined to place reliance upon Ext.5 & 6. (Pradip Mohanty, J & B.P.Ray, J.) DILIP KUMAR RAY -V- STATE OF ORISSA & ORS. CRIMINAL MISC.CASE NO.1895 OF 2002.(Dt.17.2.2010). CRIMINAL PROCEDURE CODE, 1973 SEC.482. Quashing of F.I.R. Petitioner was not arrayed as an accused in the F.I.R. No material to implicate the petitioner Even after taking the petitioners case as in the F.I.R. and the charge sheet

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on its face value, if the allegation made are accepted and nothing is added there to or substracted there from, no offence is made out against the petitioner. Held, continuance of Criminal Proceeding against the petitioner for the offence U/s.13(2) read with Section 13(1)(d) of the P.C.Act, 1988, Section 120-B IPC and Section 21 of Orissa Timber and other Forest Produce Transit Rules, 1980 will amount to miscarriage of justice and abuse of the process of Court. (B.P.Das, J.) SK.AKHTARUL ISLAM -V- D.I. OF POLICE & ANR. W.P.(C) NO.17667 OF 2008.(Dt.17.2.2010). CONSTITUTION OF INDIA, 1950 ART.226. Every action of the executive must be fortified by reasons and should be free from arbitrariness. Petitioner applied for the post of Constable His application accepted and he appeared at the physical test Thereafter he was informed that his form has been rejected due to wrong mentioning of his age. Mistake in calculation of the age by one day appears to be inadvertent and not deliberate and by such mistake petitioner does not gain any thing Held, action of the authorities in rejecting the application of the petitioner not justified Direction issued to the Opp.parties for appointment of the petitioner to the post of Constable failing which the petitioner shall be entitled to compensation of Rupees one lakh which shall be paid within three months or which ever is earlier. (A.S.Naidu, J & B.N.Mahapatra, J.) STATE OF ORISSA & ORS.-V- SRI JIRIMIYA PRASAD NANDA. O.J.C. NO.73 OF 2002.(Dt.18.2.2010). POLICE ACT, 1861 SEC.9. Under Section 9 of the Police Act, 1861 there is neither any scope for the Opp.Party to withdraw the resignation after it was accepted nor there is any scope for the employer to wait for two months to accept the resignation. (B.P.Das, J & B.K.Nayak, J.) AKURA NAYAK -V- STATE OF ORISSA. CRIMINAL APPEAL NO.25 OF 2007.(Dt.19.2.2010). CRIMINAL PROCEDURE CODE, 1973 SEC.289 (3), 446. Conviction by trial Court Trial Court allowed the accused persons to remain on bail and obtain bail from the appellate Court within thirty days Order of the appellate Court could not be obtained in time Prayer made before the trial Court for extension of time for obtaining order of bail and for dispensing with the presence of the convicts Prayer refused Notice issued to the bailer to show cause as to why the bail amount shall not be realized from him Show cause filed by bailer Show cause not accepted without even discussing the grounds taken therein Order challenged. Held, it was within the jurisdiction of the learned trial Court to extend time for obtaining bail order from the appellate Court This Court also sets aside the order directing realization of bail amount from the appellant. (S.K.Mishra, J.)

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SAROJ KUMAR NAYAK -V- STATE OF ORISSA & ORS. O.J.C. NO.14987 OF 2008. (Dt.22.02.2010). ORISSA EDUCATION (RECRUITMENT & CONDITIONS OF TEACHERS & MEMBERS OF THE STAFF OF AIDED EDUCATIONAL INSTITUTIONS) RULES, 1974 RULE 21(1). Director can invoke the jurisdiction under Rule 21 only if the Governing Body refuses or neglects to take disciplinary action. In this case on receipt of information from the Director, the Governing Body initiated a proceeding, conducted an enquiry and found the petitioner not guilty and was not inclined to initiate any disciplinary proceeding Thus, the requirement of law is not satisfied and it can not be presumed that the Governing Body refused or neglected. Held, suspension of the petitioner two days before he retires on attaining the age of superannuation without following the mandatory requirements of Rule 21(1) of the 1974 Rules can not be sustained. (A.S.Naidu, J & B.N.Mahapatra, J.)
JOGENDRANATH GHARAI -V- CHAIRMAN & M.D., U.CO.BANK, KOLKATA & ORS.

W.P.(C) NO.13914 OF 2007.(Dt.23.2.2010). CONSTITUTION OF INDIA, 1950 ART.311. Disciplinary proceeding Writ Court can not re-appreciate evidence but can not shut its eyes where the evidence and relevant materials have not been taken into consideration. In this case there is deliberate omission of the evidence of D.W.1 which goes in favour of the delinquent and there was non-consideration of the reply to the enquiry report Held, proceeding vitiated, impugned orders set aside Matter remitted to disciplinary authority to restart from the stage of furnishing the reply However, before the proceeding restarts the petitioner be reinstated in service. (A.S.Naidu,J & B.N.Mahapatra,J.) NAMITARANI PRADHAN -V-STATE & ORS. & GUNANIDHI DEHURY & ANR. -VSUB-COLLECTOR, ANGUL & ANR. W.P.(C) NO.14559 & 16024 OF 2009.(Dt.23.02.2010). ORISSA GRAM PACHAYAT RULES, 1968 RULE 226. Procedural law It is the handmade of justice and not its mistress- It is not a tyrant but a servant Where noncompliance of the procedure is prejudicial to the parties, then only it is mandatory, otherwise not. In the present case there was requisition for no confidence motion against Sarpanch There is nothing in Rule 226 that in case of initiating no confidence motion against a Sarpanch, the requisition shall be made to him However if such a requisition is made to the Sarpanch he would be in an embarrassing position and he may not also call such a meeting and in that event members who signed the requisition may report the fact to the Sub-Collector who must call the meeting within seven days from the date of receipt of the report Hence the notice of no confidence motion along with the copy of the requisition and the resolution is required to be sent to all the members including the Sarpanch So the Sarpanch is aware of the allegation made against her and in no way she is prejudiced Held, even if requisition was not made to the Sarpanch for holding the special meeting to initiate no confidence motion against her it would not be fatal. (R.N.Biswal. J.)

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MAHESH CHANDRA PATTNAIK -V- STATE. CRIMINAL REVISION NO.1153 OF 2007.(Dt.24.2.2010). CONSTITUTION OF INDIA, 1950 ART.21.

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Right to speedy trial Pendency of proceeding against the petitioner for possessing assets disproportionate to his known sources of income There is no explanation with regard to delay of seven years in investigation There after it took long twelve years for preparation of copies of police papers No circumstances is brought to the notice of the Court to indicate that the delay in investigation as well as commencement of trial is attributed to the petitioner No exceptional circumstances exists for overlooking such inordinate delay Held, in order to ensure propriety and to secure the ends of justice, the proceeding against the petitioner is quashed. (B.K.Patel, J.) INDRAMANI SWAIN -V- STATE OF ORISSA & ORS. W.P.(C) NO.14891 OF 2006.(Dt.25.2.2010). CONSTITUTION OF INDIA, 1950 ART. 21. Unnatural death of U.T.P. Injury Nos.1,4,5,6 & 9 are ante mortem in nature There was no clear explanation as to the cause of such injuries which normally can not be caused in one fall Even if the opinion of the doctor is accepted that the deceased died due to over dose of Nitroson-10 then it is also the negligence of the authorities for which Nitroson-10 group of drugs reached the U.T.Ps inside the jail Held, death of the deceased was due to negligence on the part of the officers concerned who were in charge of proper watch and ward duty of UTPs - Direction issued for payment of Rs.2,50,000/as Compensation to the petitioner. (B.P.Das, J & B.K.Nayak, J.) SUBASH CHANDRA MAHATAB -V- STATE OF ORISSA & ORS. W.P.(C) NO.19577 OF 2009.(Dt.25.2.2010). CONSTITUTION OF INDIA, 1950 ART.16, 309. Advertisement to fill up the post of Member, State Consumer Disputes Redressal Forum, Cuttack Petitioner already appeared at the interview - He was again asked to appear for the second round of interview Action challenged Plea that in the Ist interview short-listing of Candidates was adopted Advertisement silent about short-listing Neither the Act nor the Rules contain such provision Held, decision to conduct second round of interview for the said post is quashed Authorities are directed to select Candidates out of the list prepared in the first round of interview. (A.S.Naidu, J & B.N.Mahapatra, J.) DR.ANANGA KUMAR MOHAPATRA V- STATE OF ORISSA & ANR. W.P.(C) NO.13338 OF 2009. (Dt.26.2.2010) CONSTITUTION OF INDIA, 1950 ART. 311. Disciplinary proceeding While the petitioner was working as H.O.D. department of Commerce B.J.B. Autonomous College, a student of +3 Commerce committed suicide Her suicides note reveals that two lecturers are indulging in private tuitions and harassing students who did not take their coaching. Petitioner being the H.O.D. was aware of the circular of the Govt. prohibiting private tuitions Inquiry Authority found the petitioner and two lecturers guilty and imposed punishment Tribunal failed to interfere as the punishment was minor in nature. Findings arrived at by the Commissioner for Department Inquiries (C.D.I) are totally perverse, absurd and defiance to logic and beyond the scope of reference and charges Held, it is a fit case where the Disciplinary proceeding against the petitioner is liable to be quashed. (B.P. Das, J & B.K. Nayak, J.)

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ROHITA @ SUMANTA DALAI @ DAS & ANR.-V- STATE OF ORISSA. JAIL CRIMINAL APPEAL NO.307 OF 1998.(Dt.2.3.2010). EVIDENCE ACT, 1872 SEC.27 & 32. Dying declaration Recorded by the doctor P.W.9 under Ext.10 In cross-examination, P.W.9 admitted that there was no endorsement in Ext.10 that the said declaration was recorded by him Absence of endorsement would not render the dying declaration not acceptable as P.W.9 was satisfied that the injured was in a free state of mind and was capable to make such declaration. More over after appellants were arrested appellant No.1 led the police and gave recovery of the knife The knife was identified in Court by the witnesses More over clothings of appellant No.1 were seized by the police which were stained with blood. Held, prosecution is able to prove that both the appellants with their common intention have committed murder of the deceased. (Pradip Mohanty, J & B.P.Ray, J.) SISTER MEENA LALITA BORWA -V- STATE & ORS. & THOMAS CHELLAN & ORS. -V- STATE OF ORISSA & ORS. TRP (CRL) NOS. 15 & 17 OF 2009. (Dt.3.3.2010) CRIMINAL PROCEDURE CODE, 1973 SEC.407. Transfer of Sessions Trial from the Court of Addl. Sessions Judge, Fast Track Court-I at Phulbani to Cuttack Large scale communal violence in Kandhamal district Petitioner was allegedly sexually assaulted, raped and paraded naked by the mob Petitioner claiming threat to her life so also the witnesses. Law is well settled that the state has a definite role to play in protecting the witnesses, especially in sensitive cases involving those in power, who have potitical patronage and could wield muscle and money power in order to avoid the trial getting tainted and de-railed and truth becoming a casuality The State as a protector of its citizens has to ensure that during a trial in Court the witnesses could safely depose the truth without any fear of being hunted by those against whom he has deposed The object of Criminal justice system is not only to mete out justice to accused but also to protect the innocent A Criminal trial is in essence a search for truth In our Criminal justice system, which is substantially dependent on the oral testimony of witnesses truth can only be arrived at, if such witnesses who are the eyes and ears of justice system can come fearlessly and depose the truth in Court So the witnesses need to be protected by the state to ensure that Criminal proceedings do not become mere mock trials Held, transfer applications are allowed with certain directions. (I. Mahanty, J.) INDIAN RARE EARTHS LTD. V- M.D.,(SOUTCO),GANJAM & ANR. O.J.C. NO.2774 OF 2000. (Dt.3.3.2010) ORISSA ELECTRICITY REGULATORY COMMISSION DISTRIBUTION (CONDITIONS OF SUPPLY) CODE, 1998 REGULATION 85(3). Disruption of power supply due to Super Cyclone Demand of Energy bills against the petitioner during that period is under challenge Opp.Party says that this being an act of God the aforesaid provision will not be applicable to the petitioners case. Held, during the period in dispute there being no contractual obligation on either of the Parties, levy of demand on the petitioner as made by the Opp.Party Company can not be sustained. (B.P.Ray, J.)

Court News
GEETANJALI PATTNAIK & ORS. -V- DISTRICT JUDGE, BALASORE & ANR. W.P.(C) NOS.9690,9691 & 9692 OF 2009.(Dt.5.3.2010). CONSTITUTION OF INDIA, 1950 ART.16.

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Service Regularisation Petitioners were selected in the recruitment held under the 1969 Rules They were appointed temporarily on adhoc basis and continued to be employed since 2003 without any interruption Their services are otherwise required by the institution and they would better serve than the fresh recruits by virtue of their experience gained in the meantime Held, no justification to refuse regularisation to the petitioners on the pretext of the special scheme. (I.M.Quddusi, ACJ & Sanju Panda, J.) UNION OF INDIA REP.THROUGH THE C.G.M. (TELECOM),BSNL & ANR.- V- SHRI JUGAL KISHSORE SAMAL. W.P.(C) NO.8215 OF 2009.(Dt.5.3.2010) CONSTITUTION OF INDIA, 1950 ART.309, 311. Promotion Sealed cover Procedure D.P.C. recommended Promotion of Opp.Party under OTBP and BCR Schemes w.e.f. 30.11.1983 and 1.7.1991 respectively By that time Opp.Party suffered punishment in a disciplinary proceeding So recommendation of D.P.C. kept in sealed cover Opp.Party was found guilty and was awarded punishment of stoppage of promotion for a period of one year vide order Dt.31.12.2003. Held, during currency of the punishment Opp.Party is not entitled to the benefits under both the Schemes and the department rightly extended the benefits to the Opp.Party w.e.f. 31.12.2004 and 1.1.2005 respectively. (L.Mohapatra, J & B.K.Patel, J.) DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., CUTTACK VNAGENDRA SETHI & ORS. (WITH BATCHE). M.A. NOS.454,455,456,457,458,465,466,467,468 & 469 OF 1996.(Dt.5.3.2010) (A) MOTOR VEHICLE ACT, 1988 SEC.140. Accident Dt.16.06.1992 Deceased died Under the unamended provision of Section 140 quantum of compensation was fixed at Rs.25,000/- in case of death The said provision amended w.e.f. 14.11.1994 making Rs.25,000/- as Rs.50,000/- - Tribunal directed for payment of Rs.50,000/- as the payment was made after Amendment Act came in to force Hence these appeals. Held, the Amendment made w.e.f. 14.11.1994 does not have any retrospective application Liability of the insurer can be stretched within the law that was prevailing on the date of accident. (B) MOTOR VEHICLES ACT, 1988 SEC.140. Whether interest is payable on the amount of no fault liability awarded U/s.140 of the Act. Held, in respect of no fault liability, the question of awarding interest does not arise as interest may be awarded at the time of final award. (B.N.Mahapatra, J.) SRI KELU CHANRANA JENA & ORS. -V- STATE OF ORISSA. CRLREV NO.533 OF 2006. (Dt.5.3.2010) CRIMINAL PROCEDURE CODE, 1973 SEC.319. Petitioners were named in the F.I.R. as accused persons Not charge sheeted by the investigating agency However the informant and his son have in their evidence in Court specifically implicated the present petitioners ascribing different roles played by each of the petitioners during occurrence Learned court below has exercised his discretionary power properly and judiciously Held, impugned order suffers from no infirmity. (B.K.Nayak. J.)

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SRI ARJUNA CHANDRA SAHOO -V- P.O., INDUSTRIAL TRIBUNAL, ROURKELA & TWO ORS. W.P.(C) NO.1194 OF 2003. (Dt.10.3.2010). INDUSTRIAL DISPUTES ACT, 1947 SEC.25-f. Petitioner was engaged as peon on daily wage basis He served the Bank continuously from 1.10.1995 to 27.7.2000 His daily wage enhanced from time to time Tribunal found the appointment of the petitioner was not in terms of the Staff Service Rules and terminated him from service Hence the Writ Petition. Even if the engagement of the petitioner was not in accordance with the Staff Service Rules, 1984, the petitioner having rendered continuous service of 240 days in one calendar year he can be considered as a workman Once he is a workman he can swim into the harbour of Section 25-F and he can not be terminated without payment at the time of retrenchment Held, retrenchment of the petitioner is illegal and he is entitled to an order of reinstatement and a compensation of Rs.50,000/- be paid to him in lieu of back wages. (M.M. Das, J.) SMT.SATYABATI PRADHAN -V- SHYAM SUNDAR NAYAK & ORS. W.P.(C) NO.12404 OF 2008.(Dt.11.3.2010). CIVIL PROCEDURE CODE, 1908 ORDER 6, RULE 17. Amendment of plaint Application allowed in part Order challenged Impugned order if allowed to stand will be an error apparent on the face of the record as the Court below has not considered the amendment application on its proper prospective and further, it will cause injustice to the parties Held, this Court sets aside the impugned order and allowed the amendment application of the plaintiff subject to payment of cost to O.P.1 to 4 before the trial Court. (Sanju Panda, J.)
SASHIREKHA NAYAK -V- CHIEF EXECUTIVE DIRECTOR, NESCO (ELECTRICAL), BALASORE & ORS.

WRIT PETITION (CIVIL) NO.4336 OF 2007.(Dt.12.3.2010). CONSTITUTION OF INDIA, 1950 ART.226. Electrocution death Deceased came in contact with live electric wire Compensation claimed by the widow in writ petition. Whenever there is any disputed fact in issue for adjudication, writ jurisdiction is not the proper forum Held, petitioner should approach the Civil Court for redressal of the grievances. (S.K.Mishra, J.) SRI JALANDHAR PRADHAN -V- STATE OF ORISSA & ANR. W.P.(C) NO.8912 OF 2007. (Dt.15.03.2010) SERVICE De novo enquiry Not provided under the statute So when permissible. Disciplinary Authority can direct for a de novo enquiry while disagreeing with the findings of the Inquiry Officer if the inquiry report suffers from material irregularity and when important evidence, either to be relied upon by the department or by the delinquent official, is shut out, as the same would not result in any advancement of justice but on the other hand result in a miscarriage there of - Moreover the Disciplinary Authority while giving direction for a de novo inquiry should satisfy itself that there is fundamental procedural error. (B.P.Das, J & B.K.Nayak, J.)

Court News
MANOJ KUMAR TRIPATHY V- MAYARANI PRAHARAJ. MATA NO.41 OF 2003.(Dt.18.3.2010). HINDU MARRIAGE ACT, 1955 SEC.13 (1) (ia).

23

Divorce sought on the ground of cruelty No evidence regarding any specific instance of cruelty Further plea that due to long separation of parties there has been irretrievable break down of marriage which is not included as a ground for divorce U/s.13 of the Act Only the Apex Court in some cases directed the marriage to be dissolved on that ground in exercise of jurisdiction Under article 142 of the Constitution of India and such jurisdiction is not available to any other Court including the High Court. Held, in the absence of cogent evidence to prove cruelty, long separation by itself can not be a ground for grant of decree of divorce. (L.Mohapatra,J & B.K.Patel, J.) K.N.SINGH & ANR. V- G.M. (PERSONNEL), M.M.T.C. LTD. & ORS. WRIT PETITION (CIVIL) NO.9934 OF 2009.(Dt.18.03.2010). SERVICE Transfer of Class-IV or low paid employees Power of transfer should be used sparingly when required under administrative exigencies and not in a routine manner More so, the power has to be exercised in good faith not arbitrarily and the employer should try to accommodate the low paid employees at near by places as his transfer to a far distant place may cause him and his family great financial hardship and make his survival difficult. (A.S.Naidu, J & B.N.Mahapatra, J.) DEBENDRA SWAIN & ORS. V- STATE OF ORISSA & ORS. W.P.(C) NO.2424 OF 2009. (Dt.18.3.2010). CIVIL PROCEDURE CODE, 1908 ORDER 1, RULE 10. Impletion of parties A person who has direct interest in the subject matter of litigation can be impleded as a party Whether a person will be impleded as a party in the suit or not, does not depend merely on the wish of the plaintiff The policy of law is to avoid multiplicity of litigation. In the present case O.P.2 to 6 filed application in a representative capacity representing the villagers as they have a right over the said property which is used as a grazing field Held, O.P. 2 to 6 have direct interest in the property and the trial Court rightly impleded them as parties to the suit. (Sanju Panda, J.)
HRUSIKESH SETHI & ORS. V- STATE & ORS. & RAJEEBA KUMAR DUTTA V- STATE OF ORISSA & ORS.

WRIT PETITION (CIVIL) NOS.3388 & 3752 OF 2010.(Dt.19.3.2010) ADMINSTRATIVE TRIBUNALS ACT, 1985 SEC.15. Civil Service of the State Dispute with regard to matters concerning contractual/adhoc/ temporary recruitment to Civil Service in consonance with Section 15 of the Act Held, Administrative Tribunal alone has jurisdiction to decide such disputes. (A.S.Naidu, J & B.N.Mahapatra, J.) M/S. GULF OIL CORPORATION LTD. & ANR.-V- STATE OF ORISSA & SIXTEEN ORS. Review Petition Nos.230, 231, 232, 233, 234, 235, 236 & 237 ,all of 2009. (Dt.22,3,2010). CIVIL PROCEDURE CODE, 1908 ORDER 47, RULE 1. This Court dismissed the writ petition on 10.4.2008 as withdrawn with a liberty to approach other forum Without approaching other forums, petitioners approached the Honble Supreme Court Before the Apex Court, they also seek permission to withdraw the petition in order to file appropriate petition before the High Court Petitioners again filed fresh writ petitions on the same cause of action This Court dismissed the writ petitions Hence the review petition before this Court.

24

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Allowing withdrawal of the writ petition liberty was granted to the petitioners to approach any other forum which is obviously not another Bench of this Court Before the Supreme Court petitioners prayed to withdraw their petitions with permission to file appropriate petition before this Court is not a direction from the apex Court Moreover the order impugned does not come within the ambit of review as the same does not suffer from any error apparent on the face of the record. Held, Review Petitions are dismissed in limine. (B.P.Das, J & C.R.Dash, J.)
M/S.HARSHPRIYA CONSTRUCTION (P) LTD.-V- THE I.G. OF REGISTRATION, ORISSA, CUTTACK & ORS.

W.P.(C) NO.8690 OF 2009.(Dt.23.3.2010). THE INDIAN STAMP (ORISSA AMENDMENT) ACT, 2008 SEC.47-A r/w SEC.61(2) OF REGISTRATION ACT. Under valued sale deed Neither the Registering Officer nor the Stamp Collector is legally empowered to retain possession of the same They are obliged under law to return it to the Petitioner. (I.M.Quddusi, ACJ & B.K.Nayak,J.)
GAYATRI DATTA NAYAK & ORS. -V- STATE & ORS, ORISSA PUBLIC SERVICE COMMISSION V- ANANTA GOPAL BEHERA & ORS., RAMESH CHANDRA DAKUA & ORS. V- STATE OF ORISSA & ORS.

W.P.(C) NO.4635,4826 & 4886 OF 2010. (Dt.23.03.2010). ORISSA PUBLIC SERVICE COMMISSION (CODITION OF SERVICE) REGULATION 1952 REGULATION 3. O.P.S.C. consists of a Chairman and five members Presently two members have been appointed by the Govt. and one is nominated to act as Chairman Tribunal observed that the Commission is not complete to declare the result of Orissa Civil Service (Main) Examination-2006 and stayed the vivavoce test Hence this writ petition. The word any mentioned in Regulation-3 according to 6th Edition of Blacks law Dictionary does not necessarily mean only one person but may have reference to more than one or to many Held, order passed by the Tribunal that in the absence of more than one member business of O.P.S.C. can not be transacted is fallacious and erroneous Interim order passed by the Tribunal is set aside and OPSC is directed to proceed with the interview. (B.P.Das, J & B.K.Nayak, J.) HARISCHANDRA PATEL -V- STATE OF ORISSA. CRIMINAL MISC.CASE NO.3038 OF 2009. (Dt.25.3.2010). CRIMINAL PROCEDURE CODE, 1973 SEC.482. Accusation of petitioner with the aid of Section 34 I.P.C. On a plain reading of the case records as well as the charge sheet, it appears that nothing has been made out by the Prosecution to establish either directly or circumstantially that there was any plan or meeting of minds of all the accused persons to commit an offence nor even it was prima facie established that there was any pre-arrangement or meeting of minds on the spur of the moment before commission of the crime. Held, requirement of Section 34 I.P.C. in the present case has not at all been satisfied for the purpose of implicating the present petitioner as a co-accused Order Dt.15.12.2008 taking cognizance against the petitioner is quashed. (I. Mahanty, J.)

Court News
SMT.LAXMIDEVI RAM -V- TIRUPATI ELECTRO MARKETING PVT.LTD. CRLMC NO. 2189 OF 2009. (Dt.25.3.2010) CRIMINAL PROCEDURE CODE, 1973 - SEC.482.

25

Offence U/s.141 N.I.Act A penal provision creating vicarious liability Every person connected with the company shall not fall within the ambit of the provision Only those persons who were in charge of and responsible for the conduct of the business of the company at the time of commission of an offence will be liable for criminal action. In the present case the complaint case discloses that there was no clear averments to implicate a Director i.e. the petitioner for having connived or neglected in committing the offence and admittedly the Managing Director Sri Rajendra Prasad Ram impleded as accused No.2 in the complaint petition had issued the cheque in question. Held, no scope to prosecute the present petitioner and the order of cognizance passed against him is quashed. (I. Mahanty, J.) ANABIHARI DAS V- BIJAY KUMAR SAHU & ORS. W.P.(C) NO.4435 OF 2010.(Dt.26.3.2010). ORISSA MUNICIPAL ACT, 1950 SEC.16(1)(ix) r/w ORDER 3 RULE 4(2) C.P.C. Petitioner was elected as Chairman of the N.A.C. His election was challenged on the ground that at the time of filing nomination he was an advocate appearing against N.A.C. Petitioner says he gave up briefs prior to filing of nomination Learned District Judge disqualified the petitioner U/s.16(1)(ix) of the Act Hence the writ petition. An advocate engaged in a case owes duty not only to his client but also to the Court He is an officer of the Court - The advocate by his obligation is bound to discharge his duties to his client with the strictest fidelity and is answerable to the disciplinary jurisdiction of the Court for dereliction of duty The relation involves the highest personal trust and confidence so much so that it cannot be delegated without consent. Held, his appointment is deemed to continue till the leave is granted by the Court There is absolutely no scope to read the provision U/s.16(1)(ix) of the Act in isolation Determination of employment or appointment of an advocate has to satisfy the requirement under order 3 Rule 4(2) C.P.C.. No reason to interfere with the impugned judgment. (L.Mohapatra, J & B.K.Patel, J.) KUMAR DAS & ORS. -V- BANCHHANIDHI BEHERA & ANR. CRIMINAL REVISION NO.51 OF 2001.(Dt.26.3.2010). CRIMINAL PROCEDURE CODE, 1973 SEC.256 (1), 300. Complaint case ended in acquittal Whether Second complaint in respect of the very same occurrence is maintainable in view of the bar provided U/s.300 Cr.P.C. - No. In the present case the subsequent complaint case was tried and petitioners were convicted and the same was confirmed in appeal Held, revision is allowed Impugned original & appellate orders of conviction & sentence are set aside. (B.K.Nayak, J.) PRAFULLA KUMAR MOHANTY V- STATE OF ORISSA. BLAPL NO.2924 OF 2010. (Dt.29.3.2010). CRIMINAL PROCEDURE CODE, 1973 SEC.438, 439. Offence U/s. 302/201 I.P.C. Petitioner has been given interim protection U/s.438 Cr.P.C. While under such protection petitioner moved application U/s. 439 Cr.P.C. for regular bail Maintainability of the said application.

26

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Held, though the petitioner is on interim protection extended U/s.438 Cr.P.C. he is deemed to be in custody for the purpose of the present bail application U/s.439 Cr.P.C. and the same is maintainable. (C.R.Dash, J.) SARASWATI PANIGRAHI -V - D.M., UNITED INDIA INSURANCE CO.LTD. & ORS. W.P.(C) NO.11633 OF 2007. (Dt.30.3.2010). CONSTITUTION OF INDIA, 1950 ART.226. S.B.I. Credit Card Complementary Personal Insurance coverage of Rs. 2.00 lakhs for loss of life in any accident Certificate holder died in a road accident Wife applied for the claim Insurance Company wanted to pay Rs.1.lakh on the ground that due to new agreement between the insurer and the S.B.I. the assured amount was reduced to Rs.1.00 lakh Hence the writ petition. While issuing certificate promise has been made to pay the Card-Holder Rs.2. lakhs and the reduction of quantum of insurance coverage has never been communicated by S.B.I. during the life time of the late husband of the petitioner Held, since the certificate holder was not a party to the change in the master policy and the agreement between the S.B.I. and the insured, the insurer is liable to pay a sum of Rs.2 lakhs to the petitioner towards insurance coverage of her late husband. (B.P.Das, J & I.Mahanty, J.)

ORISSA JUDICIAL ACADEMY

During the period, following training programmes are organized in Orissa Judicial Academy imparting training on the topics as hereunder.
Sl. No.
Duration of the Programme

Course contents of the Training

1.

21.12.2009 continuing 06.02.2010 & 07.02.2010 20.02.2010 to 25.02.2010 27.02.2010 & 28.02.2010 17.3.2010 to 19.3.2010 21.3.2010 to 25.3.2010 27.3.2010 & 28.3.2010

First Foundation Course

Cadre of Officers participating Civil Judges on Probation (Newly recruited Judicial Officers)

No. of Officers participated.

Remarks

43

Civil Judges = 43

2.

Cyber Law & Challenges of Cyber Space Mediation

District Judes

25

D.J. = 25

3.

Dist. Judge & Civil Judge (SD) Sr. Civil Judges

16

D.J. = 2 C.J.(S.D.) = 14 Sr.C.J. = 13 C.J. = 9 C.J.M. = 5 C.W.C.s. = 14 J.J.Bs. = 6 Adv. = 14

4.

ADR with special reference to Sec. 89 C.P.C. Juvenile Justice

22

5.

C.J.M., Members of C.W.C.s & J.J.B.s. Advocates

25

6.

Mediation

7.

Juvenile Justice Act

C.J.M., C.J. (S.D.)

25

C.J.M. = 13 C.J.(S.D.) - 12

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27

MAJOR EVENTS
1. Swearing-in-Ceremony of Honble Shri Justice Venkategowda Gopalagowda as Chief Justice of Orissa High Court. Honble Shri Justice Venkategowda Gopalagowda was appointed as Chief Justice of Orissa High Court vide Notification No. K.13027/1/2010-US.II dated 22.3.2010 of the Govt. of India, Ministry of Law & Justice (Department of Justice), New Delhi. His Excellency Shri Murlidhar Chandrakant Bhandare, the Governor of Orissa administered the Oath of Office to His Lordship on 25.3.2010 at 10.30 A.M. Honble the Chief Minister of Orissa, Honble Judges of the Court, Honble Ministers and high dignitaries of the State were present on the said occasion. 2. Swearing-in-Ceremony of Honble Shri Justice Bijaya Krishna Patel as Judge of High Court. Orissa

Honble Shri Justice Bijaya Krishna Patel was appointed as Judge of Orissa High Court vide Notification No. K.13027/3/2009-US.II dated 12.1.2010 of the Govt. of India, Ministry of Law & Justice (Department of Justice), New Delhi. His Lordship took Oath of Office on 14.1.2010 at 4.00 P.M. in the name of God. 3. Celebration of Republic Day. On the occasion of celebration of Republic Day in the High Court premises, Honble Mr. Justice I.M.Quddusi, the then Acting Chief Justice, Orissa High Court hoisted the National Flag on 26th January, 2010. Honble Judges, officers and staff of the Court also graced the function. 4. Observance of Martyrs Day. On 30.1.2010 (Martyrs Day) at 11.00 A.M., silence for two minutes by standing was observed in Orissa High Court in the memory of those who sacrificed their lives in the struggle for Indias Freedom. 5. Inauguration of 5th floor of the 2nd Extension Building of Orissa High Court. The 5th floor of the 2nd Extension Building of Orissa High Court was inaugurated by Honble Mr. Justice I.M.Quddusi, the then Acting Chief Justice, Orissa High Court on 23rd March, 2010. Honble Judges of the Court also graced the said occasion. 6. Inauguration of the 1st floor of the New Civil Court Building at Balasore. The 1st floor of the new Civil Court Building at Balasore was inaugurated by Honble Mr. Justice B.N.Mahapatra, Judge, Orissa High Court on 20.3.2010. The Judicial Officers and Members of the Bar at Balasore also attended the said occasion.

28

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Names of Honble Judges of Orissa High Court participating Programmes/ Courses at the N.J.A., Bhopal and other places
Sl. No. 1. Names of the Honble Judges Honble Shri Justice I.M.Quddusi the then Acting Chief Justice Period 23.1.2010 Topics Attended High Level National Consultation Meeting on National Policy and Action Plan for Enforcement of Cyber Law at New Delhi. Attended the Conference on Womens Access to Justice and Rehabilitation of victims of rape to mark the International Womens Day at Vigyan Bhawan, New Delhi. Attended the function 8th All India meet of Legal Services Authority at Chandigarh. Attended the Conference on Womens Access to Justice and Rehabilitation of victims of rape to mark the International Womens Day at Vigyan Bhawan, New Delhi. Resource Person for the Orientation Programme for Newly Appointed ADJs. at N.J.A, Bhopal Attended the National Conference of High Court Justices on the Contribution of High Courts to the Development of Law at N.J.A, Bhopal Resource Person for the East Zone Judicial Conference on Enhancing Timely Justice, Strengthening Criminal Justice Administration at Gauhati. Participated in the National Conference of High Court Justices on Indian Judiciary : The Next Decade at N.J.A, Bhopal

7.3.2010

13.3.2010

2.

Honble Shri Justice B.P.Das

7.3.2010

3.

Honble Shri Justice I. Mahanty

23.1.2010 & 24.1.2010 23.1.2010 & 24.1.2010

4.

Honble Shri Justice B.N.Mahapatra

5.

Honble Shri Justice S.K.Mishra

30.1.2010 & 31.1.2010

20.3.2010 & 21.3.2010

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29

HIGH COURT LEGAL SERVICES COMMITTEE

1.

Honble Shri Justice B.P.Das, Seniormost Judge, Orissa High Court has been nominated by the Governor as the Executive Chairman of Orissa State Legal Services Authority after transfer of Honble Shri Justice I.M.Quddusi to Chhattisgarh High Court. Honble Shri Justice L.Mohapatra, who was an Ex-Officio Member of this Committee has been nominated as the Chairman of High Court Legal Services Committee and Honble Shri Justice A.S.Naidu nominated as ExOfficio Member of High Court Legal Services Committee. The 25th High Court Permanent and Continuous Lok Adalat for the month of January was held on 30.1.2010 in which Honble Shri Justice B.P.Das, Honble Shri Justice L.Mohapatra, Honble Shri Justice M.M.Das and Honble Shri Justice B.K.Patel presided over the Lok Adalat Benches. In the said Lok Adalat, 282 cases were taken up, out of which 9MAC Appeals and 215 Contempt of Court Matters relating to Higher Education and School & Mass Education Deptt., in total, 224 cases were disposed of by way of compromise. The General Insurance Companies present in the Lok adalat agreed to pay compansation of Rs. 19,89,500/- to the claimants in MAC Appeals.

2.

3.

A mega Lok Adalat was held on 4.3.2010 in the New Conference Hall of the Court under the aegis of High court Legal Services Committee and Orissa State Legal Services Authority with active co-operation of Four Public Sector Insurance Companies. Honble Shri Justice I.M.Quddusi, the then Executive Chairman, OSLSA, Honble Shri Justice B.P.Das, other Honble Judges of the Court, Shri B.K.Mishra, District & Sessions Judge, Cuttack, Shri B.K.Dash, Registrar (Admn.), of the Court, other officers of the Honble Court, Shri Suvendra Mohanty, Member-Secretary, Orissa State Legal Services Authority, Shri B.K.Mohapatra, Deputy Secretary, OSLSA and other Judicial Officers of this station and officers of General Insurance Companies were present in the occasion. In the said Lok Adalat, 10 MAC Appeals are disposed of by way of compromise. The General Insurance Companies agreed to pay compansation of Rs. 19,29,000/- to the claimants in MAC Appeals.

4.

The International Womens Day was observed on 8.3.2010 in the New Conference Hall of the Court by the HCLS Committee in collaboration with the Orissa State Legal Services Authority. Honble Shri Justice B.P.Das, Chairman of the Committee, Honble Kumari Justice Sanju Panda, Dr. Manjushree Patnaik, Smt. Mrinalini Padhi an Smt. Sujata Mohapatra, Members of the Committee were present in the ceremony alongwith some Honble Judges of the Court. Lady members of the Bar and judicial officers of this station were also present in the function. During the period under report, 64 applicants have been provided with the benefit under the scheme of legal aid and advice by the High Court Legal Services Committee to file or defend their cases in the High Court.

5.

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ORISSA STATE LEGAL SERVICES AUTHORITY

1. Lok Adalats The Orissa State Legal Services Authority in association with High Court Legal Services Committee has organized a Special Lok Adalat in the New Conference Hall of Orissa High Court, Cuttack on 4.3.2010, in which, 93 no. of MACAs/MACTs cases were disposed of on conciliation basis and Rs.61,75,500/- in toto has been awarded as Compensation. During the above period, State Level Lok Adalats were held at Berhampur(Ganjam), Keonjhar, Rourkela(Sundargarh), Sambalpur and Bhubaneswar(Khurda) on 16.1.2010, 23.1.2010, 6.3.2010, 20.3.2010 and 20.3.2010 respectively, in which 440 number of MACT cases have been settled/disposed of on conciliation basis and a total sum of Rs.4,62,94,790/ - has been awarded as Compensation. Besides, 4685 no. of cases have also been disposed of in those State Level Lok Adalats which includes- Civil-49, Criminal-2134, Revenue-2269, Bank-175. Matrimonial-11 and BSNL-47 and total Fine of Rs.5,69,840/- and Revenue of Rs.12,69,723/- have been realized. Similarly, 226 no.of District and Taluk Level Lok Adalats and 248 no. of Legal Literacy/ Awareness and Micro Legal Literacy Camps have been organized on different dates in the State. In the above District and Taluk Level Lok Adalats, 24,442 no. of cases have been disposed of in total which include Civil-110, Criminal-7796, Revenue-15,594, Matrimonial-02 Bank-416, and. BSNL-524 Criminal Fine of 19,39,280/- and Revenue of Rs.37,91,975/- have been realized in the said Lok Adalats. Besides, 72 no. of Legal Literacy Camps and 7 no. of Lok Adalats on NREGA have been organized, wherein 121 no. of cases under the said Scheme have been settled/disposed of.

2.

Mediation Activities A District Mediation Centre has been inaugurated in the Civil Court premises of Keonjhar on 23.1.2010 by Honble Mr.Justice I.M.Quddussi , the then Acting Chief Justice, Orissa High Court and Executive Chairman, OSLSA. During the period under report, 87 no.of BSNL cases have been settled in the Orissa Mediation Centre, Cuttack on the basis of mediation and conciliation and outstanding due of Rs.4,35,000/- has been collected from the defaulting consumers. Similarly, 155 no. of cases have been disposed of in the District Mediation Centres which include-Civil-40, Compoundable Criminal cases-23, Matrimonial-08, MACT-03 Bank-12 and BSNL-69.

3.

Legal Aid Beneficiaries During this period, The benefits of the Scheme Legal Aid and assistance has been provided to 642 no.of persons in total, which includes, SC-98, ST-102, OBC-26, Women-225, In-custody-71 and other Weaker Sections of the Society-120.

Court News 4. (a) LEGAL LITERACY/AWARENES CAMPAIGN AND SEMINARS

31

On 23.01.2010, the Orissa State Legal Services Authority organized a State Level Legal Literacy/Awareness Camp in the Collectorate Conference Hall of Keonjhar on the issue of Implementation of Building and Other Construction Workers (Regulations of Employment and Conditions of Service) Act, 1996 and the Building and other Construction Workers Welfare Cess Act, 1996, which was inaugurated by Honble Mr.Justice I.M.Quddussi , the then Acting Chief Justice, Orissa High Court and Executive Chairman, OSLSA. (b) The Orissa State Legal Services Authority and High Court Legal Services Committee jointly organized a State level Judicial Colloquium on the issue of Implementation of PC & PNDT Act in collaboration with the Health and Family Welfare Department, Government of Orissa and United Nation Population Fund (UNFPA), India on 20.2.2010 in the New Conference Hall of Orissa High Court. The Colloquium was inaugurated by His Excellency Sri Muralidhar Chandrakanta Bhandare, Governor of Orissa. The Colloquium had four sessions namely, inaugural session, two technical sessions and finally the valedictory session. The inaugural session was presided over by Honble Mr. Justice I.M.Quddusi, the then Acting Chief Justice, Orissa High Court with Honble Mr. Justice Cyriac Joseph, Judge, Supreme Court of India as Chief Guest, and Sri Prasanna Acharya, Honble Minister, Health and Family Welfare, Government of Orissa and Mr. Nesim Tumkaya, UNFPA Country Representative, India as the guests of honour. The inaugural session was magnified with the welcome address by Honble Sri Justice B.P. Das, Judge, Orissa High Court, Key Note address by Honble Minister Sri Prasanna Acharya, issue related address by the Honble Chief Guest and guest of honour, inaugural address by his Excellency the Governor of Orissa and Presidential address by Honble Mr. Justice I.M.Quddusi, the then Acting Chief Justice of Orissa High Court. Ms. Anu Garg, Secretary, Health and Family Welfare Department, Government of Orissa finally proposed vote of thanks in the inaugural session. The inaugural session was followed by two technical sessions one after the other. The first technical session was chaired by Honble Sri Justice B.P. Das, Judge, Orissa High Court and the second technical session was chaired by Honble Sri Justice L. Mohapatra, Judge, Orissa High Court. Ms. Ena Singh, Assistant Representative, UNFPA, India and Prof. S. Thomas, National Law School, Bangalore were the distinguished resource persons in the first technical session, and Dr. M. Geeta, District Collector, Rewa and Ms. Anu Garg, Secretary - cum- Commissioner, H & F.W., Government of Orissa were the distinguished speakers in the second technical session. In both the technical sessions there was also open house discussion followed by remarks by the respective Honble Chairpersons. The Valedictory session was chaired by Honble Sri Justice B.P.Das, Judge, Orissa High Court. Honble Sri Justice L. Mohapatra, Judge, Orissa High Court, Ms. Anu Garg, Secretary-Cum- commissioner H & F.W., Government of Orissa and Ms. Ena Singh, Assistant Representative UNFPA, India also shared the dais in the valedictory sessions. This Judicial Colloquium was graced by the other Honble Judges of Orissa High Court. Sub-divisional Judicial Magistrates, other Judicial Officers, Collectors and District Magistrates, Chief District Medical Officers, Bar Members, Bourocrates and many others attended the colloquium as participants. (c) The Orissa State Legal Services Authority in association with High Court Legal Services Committee observed International Womens Day on 8.3.2010 by organizing a function in the

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Court News New Conference Hall of Orissa High Court, Cuttack. It was presided over by Honble Sri Justice B.P. Das, Judge, Orissa High Court. The distinguished speakers on the dais were Honble Kumari Justice Sanju Panda, Judge, Orissa High Court. Dr.Manjushree Patnaik, Smt.Mrinalini Padhi and Smt.Sujata Mohapatra, Members, High Court Legal Services Committee. The other Honble Judges of Orissa High Court also graced the occasion. The assemblage on the occasion included female Judicial Officers, female advocates, girl students of Law Colleges, Social activists and other audience. Honble Kumari Justice S.Panda and other distinguished speakers in their address focused on the various problems faced by women and also deliberated upon their legal rights and entitlements. Sri S.Mohanty, Member Secretary, Orissa State Legal Services Authority and Sri B.K.Dash, Secretary, High Court Legal Services Committee delivered welcome address and vote of thanks respectively.

5.

Intensive Mediation Training Programme. The OSLSA as per the instructions received from Mediation and Conciliation Project Committee of the Honble Supreme Court and with the kind approval of High Court of Orissa organized intensive training programmes on mediation in two phases at Orissa Judicial Academy, Cuttack. The first phase of such training programme was organized from 20.2.2010 to 24.2.2010 in which 15 number of referral judges viz; two Family Court Judges and 13 number of Civil Judges (Sr.Divn.) were imparted training on Mediation. This first phase of training session was inaugurated by Honble Mr. Justice Cyriac Joseph, Judge, Supreme Court of India. The inaugural ceremony was presided over by Honble Mr. Justice I.M.Quddusi, the then Acting Chief Justice of Orissa High Court, Honble Sri Justice B.P.Das & Honble Sri Justice L. Mohapatra also graced this inaugural ceremony.On being deputed by the Mediation and Conciliation Project Committee of Honble Supreme Court. Smt.S. Sushila and Smt. Sobha Patil, Master Trainers from Bangalore Mediation Centre imparted training to the referral judges in the first phase of the training programme. The second phase of Mediation Training Programme was organized during the period from 21.3.2010 to 25.3.2010 in which 14 number of advocates of different districts in the State underwent intensive training on mediation. On being deputed by Mediation & Conciliation Project Committee of the Honble Supreme Court of India, Mr.Prasad Subbanna and Mr.Dinesh Kumar P.S., Master Trainers from Bangalore Mediation Centre imparted training to the Advocate- Mediators.On the concluding day i.e. 25.3.2010 there was a valedictory ceremony graced by Honble Sri Justice V. Gopalagowda, Chief Justice of Orissa High Court, Honble Sri Justice B.P. Das, and Honble Sri Justice L.Mohapatra, Judges of Orissa High Court. The other Honble Judges of Orissa High Court also attended this ceremony. The Honble Chief Justice and the two Honble Judges sharing the dais addressed the Advocate-Mediators on the relevancy of Mediation Training Programme especially in the context of ADR system incorporated under Sec.89 C.P.C.

Inauguration of 5th Floor of 2nd Extension Building of Orissa High Court by Honble Shri Justice I.M. Quddusi, Acting Chief Justice Orissa High Court on 23 March 2010 Celebration of Republic Day in High Court premises on 26.1.2010

Farewell to Honble Shri Justice I.M. Quddusi on His Lordships transfer to Chhattisgarh High Court
Printed at Graphic Art Offset Press, Cuttack-1