court news apr-jun-2015

(i)

Swearing-in-Ceremony of Hon'ble Shri Justice Krushna Ram Mohapatra as an Addl. Judge

of Orissa High Court on 17.04.2015. Hon’ble Shri Justice Pradip Kumar Mohanty,

the then Acting Chief Justice, Orissa High Court administering the Oath to His Lordship

Swearing-in-Ceremony of Hon'ble Shri Justice Dhirendra Hiralal Waghela as Chief Justice

of Orissa High Court on 04.06.2015. His Excellency Dr. S.C. Jamir, the Governor of Odisha

administering the Oath to His Lordship

Editorial Board� Hon’ble Shri Justice I. Mahanty� Hon’ble Shri Justice S.C. Parija� Hon’ble Shri Justice B.K. Nayak

(ii)

Swearing-in-Ceremony of Hon'ble Dr. Justice Durga Prasanna Choudhury as an Addl. Judge



Swearing-in-Ceremony of Hon'ble Shri Justice Jatindra Prasad Das as an Addl. Judge



MESSAGE

It is a matter of satisfaction that the Orissa High Court

has been publishing quarterly “Court News” reporting various

activities performed in the High Court and subordinate judiciary.

The present issue covers the quarter ending June, 2015.

In the current era of technology and good governance the

need for transparency in all matters of public administration

including the judiciary is felt more than ever before. The Court

News serves that purpose by bringing to light necessary data

relating to functioning of the state judiciary.

I am confident that the publication of Court News will be

helpful to not only the members of the legal fraternity but also

to the public at large.

(D.H. Waghela)

JUSTICE D.H. WAGHELA

CHIEF JUSTICE RESIDENCECANTONMENT ROAD, CUTTACK - 753 001

Phone : (0671) 2507808 (Off.) 2301703 (Res.) 2301505 (Res.)

Fax : 0671 - 2301703 (Res) 0671 - 2508446 (Off)

August 28, 2015

CONTENTS

01. Names of Hon’ble the Chief Justice and Hon’ble ... 02Judges of Orissa High Court at present.

02. Programmes attended by Hon’ble Judges of ... 03Orissa High Court at Bhopal & other places.

03. Sanctioned strength & vacancies in Orissa High Court. ... 04

04. Institution, Disposal and Pendency of Cases in the High Court ... 04from 01.04.2015 to 30.06.2015

05. Sanctioned strength & vacancies in District & Subordinate Courts ... 04

06. Outlines of some recent Orissa High Court Judgments ... 05

07. Infrastructural Devlopment ... 19

08. Major Events ... 20

09. e-Courts Project in Odisha ... 20

10. Activities of Orissa State Legal Services Authority ... 22

11. Activities of High Court Legal Services Committee ... 23

12. Activities of Orissa Judicial Academy ... 24

13. Institution, Disposal and Pendency of Cases in ... 25District & Subordinate Courts from 01.04.2015 to 30.06.2015

14. Institution, Disposal and Pendency of Cases ... 33in the Family Courts of the state from 01.04.2015 to 30.06.2015

� � �

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HON’BLE JUDGES OF THE ORISSA HIGH COURT

HON’BLE THE CHIEF JUSTICE

Hon’ble Shri Justice Dhirendra Hiralal Waghela, B.Com., LL.M.

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 Bhabani Prasad Ray, B..A., LL.B.

Hon’ble Shri Justice Subhash Chandra Parija, 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 Sujit Narayan Prasad, M.A., LL.B.

Hon’ble Shri Justice Krushna Ram Mohapatra, B.A., LL.B.

Hon’ble Shri Justice Jatindra Prasad Das, M.A., LL.B.

Hon’ble Dr. Justice Durga Prasanna Choudhury, B.Sc., LL.M.

*****

****

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News2

Elevation of Hon’ble Shri Justice Jatindra Prasad Dasas Addl. Judge of Orissa High Court

Date of Birth : 19.05.1957Date of Elevatation as an Addl. Judge of Orissa High Court : 17.04.2015

Elevation of Hon’ble Shri Justice Krushna Ram Mohapatraas Addl. Judge of Orissa High Court


*

Appointment of Hon’ble Shri Justice Dhirendra Hiralal Waghelaas Chief Justice of Orissa High Court

Date of Birth : 11.08.1954Date of elevation as an Addl. Judge of Gujarat High Court : 17.09.1999Date of elevation as Chief Justice of Karnataka High Court : 07.03.2013

Transferred and assumed his office as Chief Justice ofOrissa High Court : 04.06.2015

*

*

Elevation of Hon’ble Dr. Justice Durga Prasanna Choudhuryas Addl. Judge of Orissa High Court


***

****

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,the then Acting Chief Justice

02.04.2015to

05.04.2015

Attended the Chief Justices’Conference at Delhi

2. Hon’ble Shri JusticeIndrajit Mahanty

09.05.2015 Attended the Agenda for Annual CalenderMeeting (ACM) of National Judicial

Academy, India at Supreme Court of India,New Delhi.

3. Hon’ble Shri JusticeS.Pujahari

13.06.2015 Attended a workshop on “Workingtogether to combat Human Trafficking”organized by Chhattisgarh State Legal

Services Authority.

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SANCTIONED STRENGTH & VACANCIES IN HIGH COURT (As on 30.06.2015)

Sanctioned Strength Working Strength Vacancies

20 + 7* = 27 16 + 6* = 22 4 + 1* = 5

* Addl. Judges

INSTITUTION, DISPOSAL AND PENDENCY OF CASES IN THE HIGH COURT(From 1.4.2015 to 30.6.2015)

SANCTIONED STRENGTH & VACANCIES IN DISTRICT ANDSUBORDINATE COURTS AS ON 30.6.2015

OpeningBalanceas on1.4.2015

Institution

Total

Pendency as on30.6.2015

Civil

Criminal

135983

35388

7665

9024

134510

36087

Case Type

Grand Total 171371 16689 170597

Disposed of

10762

8517

19279

Restoredto file

1624

192

1816

145272

44604

189876

Name of the Cadre SanctionedStrength

PresentStrength

Sl. No. Vacancies

1. District Judge

2. Sr. Civil Judge

3. Civil Judge (including Gram Nyayalays)

164 127 37

189 167 22

323 312 11

4. Special Judicial Magistrates 18 07 11

Total 694 615 79

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OUTLINES OF SOME RECENT ORISSA HIGH COURT JUDGEMENTS

ASHEEMA SAMANTRAY -V- NAMITA SINGH AND ORS.W.P.(C) NO.13591 OF 2013 (03.04.2015)

CIVIL PROCEDURE CODE, 1908 – O.7, R-11

Suit for permanent injunction – Rejection of plaint – Action challenged – On a plain reading of theplaint it appears that the plaintiff has made out a case to be tired subject to the evidence adduced bythe parties – The court below has not gone into the merits of the case, therefore, the impugned order isnot coming under the definition of a decree and as such appeal is not the alternative remedy – Held, theimpugned order being an error apparent on the face of the record is set aside in exercise of jurisdictionunder Article 227 of the Constitution of India – Direction issued to the learned trial Court to proceed withthe suit in accordance with law.

(S. Panda, J.)

RAMESH CH. MOHAPATRA -V- R.D.C. , SAMBALPUR & ORS.W.P.(C) NO. 16563 OF 2014 (03.04.2015)

ODISHA PUBLIC DEMANDS RECOVERY ACT, 1962 – S.61

The word “entertained” appearing in the proviso to section 61 of the Act –Meaning of – “to deal withor admit to consideration”

In this case the RDC Sambalpur refused to register the revision taking a cue from the words “nosuch application shall be entertained unless the revision petitioner has paid all amounts due under thecertificate to the certificate officer”… appearing in proviso to section 61 of the OPDR Act – Actionchallenged – Held, the RDC has no option but to register the case and assign the number.

(Dr. A.K. Rath, J.)

TRAILOKYANATH BEHERA -V- STATE OF ORISSA & ANR.O.J.C. NO. 13973 OF 1999 (03.04.2015)

SERVICE LAW – Pension – Right to receive pension is recognized as a right to property –Deduction of Rs.2500/- from the pensionary benefit of the petitioner without holding any inquiry asprovided under the relevant statute – Action is illegal and unjustified – Held, direction issued to theopposite parties to release Rs. 25, 000/- in favour of the petitioner along with 5% interest P.A. from thedate it was deducted.

(S. N. Prasad, J.)

SUNIL @ JAI SINGH RAUTIA -V- STATE OF ORISSAJCRLA NO. 86 OF 2006 (06.04.2015)

CRIMINAL PROCEDURE CODE, 1973 – S.154

Delay of seven days in lodging F.I.R. - Child rape case - It not only involves the reputation andprestige of the family but also life and career of the victim - So it is not unnatural on the part of the

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family members to have a deliberation among themselves to decide whether to lodge F.I.R. or not - Held,in this case delay is not material as it is explained properly.

PENAL CODE, 1860 – S.376(2)(f)

Child rape case - Victim examined in open court - She remained silent - As a matter of factexamination of the victim in the open court is illegal - She was recalled U/s. 311 Cr.P.C and re-examinedin camera where she was comfortable and narrated the incident in detail - Though seized articles hadbeen dispatched, chemical examination report not received - However, the statement of the victim istruthful and reliable and the same is corroborated by the testimony of her parents as well as medicalevidence - Held, impugned judgement and order of conviction of the appellant U/s. 376 (2)(f) I.P.C. isconfirmed.

(S. K. Sahoo, J.)

JUSTICE ASHOK KUMAR SAMANTARAY -V- STATE OF ODISHA & ANR.W.P.(C). NO. 21638 OF 2012 (07.04.2015)

ODISHA CONSUMER PROTECTION RULES, 1987 – 6 (5) ( h)

Serious allegations against the petitioner as president, State Consumer Dispute RedressalCommission – Abuse of position – Removal form service basing on the report submitted by the Registrar(Inspection and Enquiry) High Court of Orissa – Action challenged- Enquiry should have been conductedby a Sitting Judge of the High Court being nominated by the Chief Justice as required under Rule 6 ofthe Rules – Report submitted by the Registrar (I&E) can not be said to be a report in terms of Rule 6(5) (h) of the Rules, 1987 – Held, impugned orders not being in terms of Rule,6 (5) (h) of the Rules, 1987is set aside – However it is left open to the State Government to move in the above issue as it deemsfit and proper and if any such action is taken that shall be strictly in terms of provisions contained in Rule6 (5) (h) of the Rule 1987.

(B. Rath, J.)

MAGUNI CHHATRIA -V- COLLECTOR, BALANGIR & ORS.W.P.(C) NO. 21828 OF 2010 (08.04.2015)

Anganwadi Worker - Appointment - O.P. 4 was selected on submission of forged SchoolLeaving Certificate - Petitioner raised objection - Headmaster of the concerned School reported thatO.P. 4 was not a student of that School - Petitioner’s claim was rejected on the ground that the objectionwas not received within seven days as per clause (d) of the guide line Dt. 2.5.2007 - Such order cannot sustain as fraud avoids all judicial acts, ecclesiastical or temporal - Held, impugned order is setaside - Matter is remitted back to O.P. 1 to pass appropriate order afresh.

(S. N. Prasad, J. )

RAGHUNATH BHANJA @ MAHENDRA BHANJA -V- STATE OF ORISSAJCRLA NO. 59 OF 2008 (09 .04.2015)

EVIDENCE ACT, 1872 – S.106

Last seen theory – Prosecution has discharged its initial burden in establishing that both theappellant and his wife (deceased) were sleeping in one room on the incident night – Next day morning

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deceased was found lying dead in a pool of blood – Appellant and a tangia having blood stains foundin that room – Premeditated murder – Appellant is bound to explain as to how the death of the deceasedwas caused and if that remains unexplained by him, then there can be an inference of his guilt as perthe provisions U/s. 106 of the Act.

(Vinod Prasad, J & S.K. Sahoo,J.)

GANJAM ZILLA AKHU CHASI SANGHA SAMABAYACHINI SILPA -V- STATE OF ORISSA & ORS.

W.P.(C) NO. 4234 OF 2015 (16.04.2015)

CONSTITUTION OF INDIA , 1950 – ARTS 226, 329

Election to Cooperative Society – Election process started – Writ petition to allow the petitionerto participate in the election – Statutory bar continued in section 28 B of the Odisha Co-operative SocietiesAct, 1962 – When the election process has set in to motion, the High Court in exercise of its jurisdictionunder Article 226 of the constitution of India should not interfere with the process of election – Held, onthis case since election process has already been started, this Court is not inclined to entertain the writpetition.

(Dr. A.K. Rath, J.)

KHIROD KU. PATRA & ORS. -V- KENDRIYA VIDYALAYA SANGATHAN & ORS.W.P.(C) NOS. 11298 OF 2013 (WITH BATCH) (16.04.2015)

EDUCATION - Enhancement of tuition fee by Kendriya Vidyalaya vide notification Dt. 19.03.2013- Action challenged on two grounds, firstly it is violative of Article 21A of the Constitution of India as wellas the provisions of Right of Children to free and Compulsory Education Act, 2009 and secondly, earliernotification Dt. 14.09.2009 for revision of fees was quashed by this Court in Niranjan Mishra & Ors. -V-Union of India & Ors. reported in 2013 (I) OLR 441, so the present notification would not have issued -Kendriya Vidyalaya is run by the Society but not by the Government of India - As the School belongedto the “Specified Category” it does not have an obligation to provide free education except to the extentprovided in section 12 (1)(c) of the 2009 Act - Since Niranjan Mishra’s case has not taken intoconsideration the provisions of sections 2(n), 2(p) and section 12(1)(c) of the 2009 Act the said judgmentis “per incuriam” - Held, no illegality is committed by issuing the impugned notification - KendriyaVidyalaya is justified in revising its fee structures under the provisions of the Kendriya Vidyalaya Codeand such revision of fees is neither violative of Article 21 A of the Constitution of India nor any of theprovisions of the 2009 Act.

WORDS AND PHRASES - “Per incuriam” means “through inadvertence” - Rule of “Per incuriam”can be applied where a court omits to consider a binding precedent of the same court or the superior courtrendered on the same issue or where a court omits to consider any statute while deciding that issue.

In the present case it appears that Niranjan Mishra’s case has not taken into consideration theprovisions of section 2(n), 2(p) and section 12(1)(c) of the 2009 Act - Therefore, the said judgment isper incuriam - Even if such judgment has not been challenged in any higher forum that has no effectfor adjudication of the matter.

(Dr. B.R. Sarangi, J.)

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JAYARAM @ JAYAKRUSHNA BEHERA -V- HARAMANI BEHERA & ORS.RSA.. NO. 104 OF 2009 (22.04.2015)

CIVIL PROCEDURE CODE, 1908 – O.22,R- 6

Abatement – Suit for partition – All formalities of the final decree proceeding was over awaiting theformal sealing and signing – Death of defendant No 9 in the mean time – whether the final decree passedagainst a dead party is a nullity ? – Held, final decree can not be said to be nullity in the absence ofthe legal representatives of defendant No.9.

(D. Dash, J.)

BAIKUNTHANATH SITHA -V- STATE OF ORISSACRA NO. 201 OF 1991 (24.04.2015)

N.D.P.S. ACT, 1985 – S.20(b)(i)

Seizure of 6 Kgs of Ganja – Violation of section 8(c) of the Act – Conviction U/s. 20(b)(i) by thetrial Court – Hence the appeal – Seizure not supported by independent witnesses – No evidence that thearticles seized from the appellant on 17.09.1990 were kept in police malkhana – Articles seized was allalong with P.W.7 and not forwarded to the Court alongwith the accused – Though 200 gms of Ganga sentfor chemical examination, the report shows that 70 gms of Ganja was sent for that purpose – Seizureof Ganja from the appellant becomes doubtful – Learned trial Court is grossly erred in appreciation ofevidence on record – Held, the impugned judgement of conviction and sentence are set aside.

(S. Pujahari, J.)

NADU PANGI -V- STATE OF ORISSAJCRLA NO. 37 OF 2006 (25.04.2015)

(A) EVIDENCE ACT, 1872 – S. 106

Last seen theory – Death of wife in the mid night – Except the appellant -husband and childrenno body was present at the incident scene – It is not the defense of the appellant that any intruder hascaused the death of his wife – Held, applying Section 106 of the Act it can safely be concluded that itis the appellant who had committed the murder of his wife.

(B) CRIMINAL TRIAL –

Appellant committed double murder at a short interval but at different times preceded by differentfacts – Learned trial judge should have framed murder charges against the appellant on both the countsand should have prosecuted him for both the offences by framing two different charges and would haveconvicted and sentenced him separately for each of the murders – For each crime the accused is requiredto be prosecuted and if guilt is proved they deserve to be punished for each separate offence un less thepicadillo or lesser crime is a genus of graver crime and assimilated in it.

(Vinod Prasad, J & S.K. Sahoo, J.)

BIMALA SAHOO & ANR. -V- BINAYAK SAHOOF.A.O. NO. 371 OF 2013 & 328 OF 2014 (30.04.2015)

HINDU MINORITY AND GUARDIANSHIP ACT, 1956 – S.13

Appointment of guardian of Hindu minors - Welfare of minor should be paramount - Maternalgrand father and paternal grand father of the minors are applicants - After the death of parents of the

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minors maternal grand father is looking after the minors - No material that his prayer is backed bymalafides - Even one minor child in her evidence has expressed her whole hearted willingness to staywith the maternal grand parents - In the other hand evidence of O.P.W.1, the paternal grand father,discloses that after the death of the parents of the minors he has never tried to bring the minors andlooked after their problems - Held, the impugned order refusing to appoint the maternal grand father asguardian in respect of the person and properties of the minors is set aside and he is to discharge thesaid role for the welfare of the minors.

(D. Dash, J.)

GIRIJA SHANKAR SATPATHY -V- USHARANI MISHRARFA NO. 8 OF 2012 & M.C. NO. 25 OF 2015 (01.05.2015)

HINDU MARRIAGE ACT, 1955 – S.25

Permanent alimony – Trial Court while dissolving the marriage directed to pay Rs. 5,00,000/-towards permanent alimony and Rs. 2,00,000/- towards dowry articles – Hence this appeal – Partiesseparated soon after the marriage – There was no prayer for permanent alimony either in the plaint or byway of independent application – Wife has been serving under CESU as a Clerk with gross salary of Rs.19,335/- P.M. and she has remarried after the decree of divorce – In the other hand husband draws a grosssalary of Rs. 22,000/-P.M and living with his old ailing parents – There is also no pleading / evidence withregard to giving of any dowry or the articles given have been illegally retained by the husband or his familymembers – Held, the respondent wife is not entitled to any maintenance from the appellant – Impugnedorder of the trial court directing payment of the amount towards permanent alimony and dowry articlesis set aside.

(B. K. Nayak, J.)

HARERAM SATPATHY & ANR. -V- PREMLAL SUNA & ORS.CRLA NO. 22 OF 1984 (04.05.2015)

CRIMINAL PROCEDURE CODE, 1973 – S.378(4)

Appeal against acquittal - If the judgment of the trial court is based on no material and there wasnon-consideration or mis-appreciation of the evidence on record, the High Court as a Court of first appealcan review, re-appreciate and reconsider the entire evidence and reverse the order of acquittal - Nolimitation on exercise of such power.

In the present case though prosecution has successfully brought home the guilt of the accusedpersons the learned trial court misread the evidence and by giving undue benefit acquitted them - Therehas been a flagrant miscarriage of justice by pronouncing the order of acquittal and there is compellingreasons to interfere with the order in order to prevent miscarriage of justice - Held, the order of acquittalis set aside and the respondents are found guilty of the offence U/ss. 302/149 I.P.C - Respondent Nos.3, 7 & 9 are sentenced to life imprisonment and fine of Rs. 5000/- in default to serve additional imprisonmentof one year.

(Vinod Prasad, J. & S.K. Sahoo, J.)

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SARAT CHANDRA TRIPATHY -V- O.F.D.C. & ORS.W.P.(C) NO. 1636 OF 2015 (05.05.2015)

SERVICE LAW - Government enhanced the age of retirement of its employees from 58 years to60 years vide resolution Dt. 28.06.2014 - Petitioner being an employee of OFDC claims similar benefit- Government approved the proposal made by OFDC on 22.10.2014 with a condition that the benefit shallbe effective from the date of issuance of order by OFDC - Petitioner retired on 30.09.2014 - Nonotification by OFDC pursuant to order Dt. 22.10.2014 - Held, no notification having been issued byOFDC extending the benefit of enhancement of age of retirement from 58 years to 60 years, the petitioneris not entitled to get the benefit of continuing in service till attaining the age of 60 years.

(Dr. B.R. Sarangi, J.)

PRASANNA KUMAR ACHARYA -V- STATE OF ORISSA & ORS.W.P.(C) NO.(S) 14428 OF 2013 (WITH BATCH) (05.05.2015)

SERVICE LAW - Transfer - Petitioners are continuing as Sales Assistant under Orissa StateCivil Supplies Corporation Ltd. on “Adhoc” and “until further orders” basis for more than 10 years in aparticular station - Whether Corporation can transfer the petitioners when their services not regularized? Held, yes - The impugned order of transfer being within the complete domain of the employer, thiscourt is not inclined to interfere with the same.

(Dr. B.R.Sarangi, J.)

SANGITRAO POLA RAMCHANDRADU -V- STATE OF ORISSA & ORS.O.J.C. NO. 14562 OF 1999 (05.05.2015)

ODISHA CIVIL SERVICES (PENSION) RULE, 1992 – RULE 34(2)

Petitioner joined Government Service as Clerk from 14.07.1955 to 05.08.1965 - There after heresigned and joined as Asst. Teacher in aided High School w.e.f. 09.08.1965 till 30.04.1990 and retired- Petitioner has been given pension under Odisha Aided Educational Institution and Employees RetirementPension Rules 1981 - Petitioner claimed to count his past service for the purpose of full pension - Claimrejected - Hence the writ petition - Orissa Pension Rules 1977 is not applicable as in the meantime1992 Rules came into operation and Rule 23(2)(iv) of 1977 Rules is parimeteria to Rule 34(2) of the 1992Rules - Held, in view of the specific bar under Rule 34(2) of the 1992 Rules there is no illegality inrejecting the claim of the petitioner.

(S. N. Prasad, J.)

B. SATYANARAYAN -V- INSPECTOR GENERAL, NEW DELHI & ORS.W.P.(C) NO. 3429 OF 2003 (05.05.2015)

SERVICE LAW - Petitioner is a CISF constable - Admittedly he has received gratification whiledeployed in the main gate - Offence is considered more serious as the petitioner is a member of thedisciplinary force - Punishment of compulsory retirement imposed - Punishment not only confirmedby the appellate authority but also by the revisional authority - Concurrent finding of the authorities -Scope of interference is limited under article 226 of the Constitution of India - Writ petition deserves tobe dismissed.

(S. N. Prasad, J.)

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PRATIMA NANDA -V- M/S. ECOS EYE HOSPITAL & ANR.F.A.O. NO. 325 OF 2014 (05.05.15)

CIVIL PROCEDURE CODE, 1908 – O-39, R-1 & 2

Temporary Injuction - To obtain such equitable relief plaintiff has to satisfy all the ingredients likeprima facie case, balance of convenience and irreparable loss - Mere proof of one of the three conditionsdoes not entitle him to obtain temporary injuction.

In this case plaintiff alleged that due to demolition of old house and construction of new house bythe defendants there was damage to his house for which he filed the suit for damages - Though he isto establish the same by cogent evidence it can be said that there is a prima facie case in her favour- Secondly by the time plaintiff filed the suit the building work is almost completed and if now defendantswill be restrained they will be put to more inconvenience than that of the plaintiff so balance of conveniencedoes not lie in favour of the plaintiff - Lastly since the plaintiff has quantified the damage in terms ofmoney she can not be said to have sustained irreparable loss if injuction is refused - Held, when theplaintiff-appellant fails to satisfy the ingredients like balance of convenience and irreparable loss, she isnot entitled to temporary injuction - The impugned order needs no interference by this Court.

(K.R. Mohapatra, J.)

ALOK KUMAR AGRAWAL -V- STATE OF ORISSA & ANR.W.P.(C). NO. 15618 OF 2014 (06.05.2015)

CONSTITUTION OF INDIA, 1950 – ART, 226

Cancellation of seed licence – Non-issuance of show cause notice – Had the show cause noticebeen issued, the petitioner could have mentioned as to why such extreme order was not justified – Nocase has been set out by the opposite parties that non issuance of show cause notice has not causedany prejudice to the petitioner – There has been clear violation of principles of natural justice – Held,impugned order cancelling the seed license of the petitioner is quashed.

( Dr. A.K. Rath, J.)

KHAGESWAR KUNAR & ORS. -V- STATE OF ORISSACRIMINAL APPEAL NO. 222 OF 1994 (08.05.2015)

S.C. & S.T. (PREVENTION OF ATROCITIES) ACT, 1989 – S.3(i)(x) & (xi)

Conviction for the offence U/s. 3(i)(x) & (xi) of the Act - To attract the offence prosecution hasto establish that the victim belongs to member of scheduled caste and the incident must have viewed bypublic.

In this case there is no evidence that the victim and her brother belong to scheduled caste and thecaste “Dhobani” is also not found in any of the entries in the Constitution (Scheduled Caste) Order 1980as amended from time to time - The view of the learned trial court that since the incident took placeeither in a public place or near a public place or within the visible range from the public place, it attractsthe charge U/s. 3(i)(x) & (xi) of the Act is not correct - Held, conviction of the appellant U/s. 3(i)(x) &(xi) of the Act is unsustainable - The impugned conviction and sentence is set aside.

(D. Dash, J.)

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TIKERAM BAG -V- STATE OF ORISSACRLA NO. 268 OF 2011 (11.05.2015)

INDIAN PENAL CODE, 1860 – S. 304-I

Culpable homicide not amounting to murder – When a single blow was inflicted by the appellantwithout repeating the same, it is difficult to conclusively conclude that the appellant had intention tocommit the murder of the deceased – No blood stain on the weapon of offence – Appellant had noCriminal Proclivity or any criminal background – Since the incident occurred at the spur of the momentand the blow was given out of sheer anxiety and anger the appellant’s conviction U/s. 302 I.P.C. andsentence of life imprisonment with fine of Rs. 10, 000/- is scored out and instead he is convicted for theoffence U/s. 304 part (1) I.P.C. and is sentenced to the period of imprisonment already undergone byhim.


KUMI @KUMAR NAHAK -V- STATE OF ORISSAJCRLA NO. 52 OF 2004 (12.05.2015)

CRIMINAL TRIAL - Murder Case - Allegation of false implication - It does not transpire fromthe evidence as to why prosecution will spare the real assailant and will foist a false case against theappellant with whom none of the eyewitnesses had any animosity or compelling reason to falsely implicate- Defence has not been able to cross examine both the eye witnesses on that aspect and even failedto bring out the circumstances for the P.W.s to prevaricate a cooked up story to implicate the appellantin a case of murder - The appellant in his 313 Cr.P.C. statement has also not been able to spell outany reason for his false implication - Held, no reason that the eyewitnesses deposed falsely againstthe appellant.

CRIMINAL TRIAL - Appreciation of evidence - Allegation of discrepancies in the evidence of theeye witnesses - It is but natural that some discrepancies and inconsistencies will definitely occur inthe statement of the witnesses and in cross examinations, but unless those discrepancies andinconsistencies are of vital nature pointing conversely than what has been alleged by the prosecution, theycan not be taken into consideration to throw the entire prosecution version over board - Held, there beingno discrepancy surfaced in the depositions of the witnesses this Court is not impressed by the submissionsof the learned counsel for the appellant that the inconsistency and incongruity occurring in the statementof the eye witnesses demolishes the prosecution version.


CHANCHALA TRIPATHY -V- TAHASILDAR, BBSR & ANR.O.J.C. NO. 10174 OF 2001 (13.05.2015)

CONSTITUTION OF INDIA, 1950 – Art.226

Writ Petition – Delay of eighteen years in approaching this Court – No explanation for suchinordinate delay – Doctrine of delay and laches should not be lightly brushed aside – A writ Court isrequired to weigh the explanation offered and the acceptability of the same.

In this case the petitioner has approached this Court at his own leisure and pleasure withoutadequate reasons – Held this Court is not inclined to interfere with the writ petition after such long delay.

(Pradip Mohanty, J. & B. Mohanty, J.)

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RAJANI PATEL -V- NARESH CHANDRA NAIKCRIMINAL APPEAL NO. 221 OF 1991 (13.05.2015)

PENAL CODE, 1860 – S.493

Charge U/s. 493 I.P.C. - To establish the charge two ingredients are necessary - Firstly the manmust have deceitfully induced the woman to believe that she is his lawfully married wife and secondly withsuch belief to make her co-habit with him - In this case deceitful inducement by the respondent to theappellant to make her believe that she was lawfully married to the respondent having not been provedbeyond all reasonable doubt, there is no other persuading reason for this Court to interfere with the viewtaken by the learned trial Court acquitting the accused respondent from the charge U/s. 493 I.P.C.

(J. P. Das, J.)

AMAR JENA -V- STATE OF ORISSACRIMINAL APPEAL NO. 327 OF 1992 (13.05.2015)

DOWRY PROHIBITION ACT, 1961 – S.4

Demand of dowry - Initial burden is on the prosecution to prove that there was demand of dowryby the accused either directly or indirectly and there after the burden will be shifted to the accused toprove that he has neither demanded nor received any dowry from the bride or on her behalf.

In the present case evidence of P.W. 1 (father of the deceased) after cross-examination does notprove that the accused had demanded any dowry - Similarly though P.W.3 deposed that the accusedside demanded Rs. 2000/- and a cycle he has not spelt out who demanded the same - In the otherhand evidence of P.W.4 (brother of the deceased) does not disclose the demand of dowry by the accusedfrom him or from his father - Learned trial court failed to properly appreciate their evidence - So theinitial burden on the prosecution having not been discharged, question of shifting the burden to theaccused to prove his innocence does not arise - Held, impugned order of conviction and sentence isset aside - Appellant is acquitted of the charge of offence U/s. 4 of the D.P.Act.

(Dr. D.P. Choudhury, J.)

KAPA @ SOMANATH SAHOO -V- STATE OF ODISHA & ORS.WPCRL NO. 397 OF 2014 (14.05.2015)

NATIONAL SECURITY ACT, 1980 – S.3

Order of detention passed on 26.09.2014 where as the grounds of detention were framed on29.09.2014 and served on the detenue on that date – Order challenged being violative of Article 22 (5) ofthe constitution of India – Held, the grounds of detention not being in existence when the order of detentionwas made the same is liable to be quashed.

( I. Mahanty, J. & B Rath, J.)

ANCHAL BIHAR PATTNAIK & ANR. -V- M/S. INDIAN OIL CORPN. LTD. & ORS.M.C. NO. 693 OF 2014

(ARISING OUT OF W.A. NO. 417 OF 2014) (DT. 15.05.2015)

LIMITATION ACT, 1963 – S.5

Application for condonation of delay - Delay of ninety five days - The Court considering theapplication has to carefully draw a distinction between delay and inordinate delay and sufficient cause

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should be a condition precedent for exercise of such power - However the approach should be liberal,pragmatic and justice oriented but the same should not be to legalise injustice.

In this case the petitioner-appellants assailed the impugned judgment before the Apex Court withintime and sought permission to withdraw the SLP with liberty to file writ appeal before this Court - Causeshown was sufficient, bonafide and not intentional - Held, delay in filing the writ appeal is condonedsubject to payment of cost of Rs. 3000/-

(Pradip Mohanty, J. & K.R. Mohapatra, J.)

DILIP KR. BEHERA -V- PUSPANJALI BEHERAMATA NO. 34 OF 2014 (15.05.2015)

GUARDIANS AND WARDS ACT, 1890 – S.9(1), 25

Application for guardianship of the person of the minor – It shall be filed before the District Judgehaving jurisdiction where the minor “ordinarily resides”, i.e., the present place of residence, which is notcasual or temporary.

In this case, the appellant-husband and the respondent-wife were residing at Rourkela with theironly son and when family feud started the mother left the company of her husband with the son who wasonly two and half years of age and remained in the house of her parents at Berhampur – Husband filedapplication U/s. 25 of the Act before the Judge, Family Court, Rourkela to take custody of the son –Though father is the first natural guardian the child being of two and half years, would ordinarily residewith the mother as per section 6 (a) proviso of the Hindu Minority and Guardianship Act – Mother of theminor is now residing at Berhampur – Held, the Judge, Family Court, Rourkela has committed no illegalityin dismissing the application U/s. 25 of the Act filed by the husband.

(Vinod Prasad, J. & S.K.Sahoo, J.)

RASMITA GAMANG -V- BERHAMPUR UNIVERSITY, & ORS.O.J.C. NO. 14267 OF 2001 (12.05.2015)

EDUCATION – Admission to MBA Course 2001–2002 – Common entrance test – Petitioner stoodfirst amongst S.T. Candidates – She could not be able to take admission for the fault of the authorities– Petitioner deprived of her higher study – Violation of fundamental right as enshrined in the Constitutionof India – Court can award damages to caution the authorities not to act such a manner in future –Direction issued to the University to pay Rs. 2,00,00/- as damages to the petitioner which shall bededucted from the salary of the erring officers, responsible for causing such loss to the petitioner.

(Dr. B.R.Sarangi, J.)

DILLIP KUMAR DAS -V- REPUBLIC OF INDIACRLA NO. 166 OF 1999 (03.06.2015)

PREVENTION OF CORRUPTION ACT, 1988 – Ss 7, 13 (I) (d), 13 (2)

Trap Case – Allegation of false implication – P.W.1 was prosecuted departmentally and found guiltywherein the appellant was the disciplinary authority – It is also against normal human conduct that theappellant being the highest authority would demand and accept bribe from P.W.1 who was a Mazdoor inpresence of his driver and many others when the trap party were only ten feet a way from the appellant–

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Strong motive for false implication – No credible evidence regarding demand of bribe by the appellant –Learned special Judge has lost sight of this aspect – Held, impugned judgment and order of convictionand sentence is set aside.

(B.P.Ray, J.)

SANKARSAN SAMANTARAY & ORS. -V- JAYANTA ROUTRAY & ANR.C.M.P. NO. 334 OF 2015 (17.06.2015)

CIVIL PROCEDURE CODE, 1908 – O-39, R-1&2

Temporary injuction - Confirming orders passed refusing the prayer - No material regardingpossession of any of the parties over the suit land - Both the courts below failed to consider this aspect- Findings of the Courts below is an error apparent on the face of the record - Held, impugned ordersare set aside - Direction issued to the parties to maintain status quo over the suit land till disposal ofthe suit.

(S. Panda, J.)

SANIA @ SANATAN MOHANTY -V- STATE OF ODISHAABLAPL NO. 4492 OF 2015 (17.06.2015)

(A) CRIMINAL PROCEDURE CODE, 1973 – S.438

Anticipatory bail – Jurisdiction – Whether in case of Court’s inclination to grant anticipatory bail ordisinclination to grant the said relief can the petitioner be allowed to seek for a direction to surrender beforethe concerned Magistrate and be released on bail with the direction of this Court on such terms to befixed by the Magistrate to avoid arrest under the NBWA issued against him ? – Held, No – Such directionsare against the principles underlined in Section 438 of the Code – Since this Court is not inclined to grantanticipatory bail the application stands rejected.

(B) CRIMINAL PROCEDURE CODE, 1973 - S. 438

Anticipatory bail – Maintainability – Whether jurisdiction U/s. 438 Cr.P.C. can be exercised evenafter submission of charge sheet, taking of cognizance of the offences and on issuance of NBWA againstthe accused ? Held, yes

(Dr. D.P. Choudhury, J.)

UDAYA MAJHI & ORS. -V- HADIA MAJHI & ORS.O.J.C. NOS. 5678 & 5679 OF 2002 (18.06.2015)

ADVERSE POSSESSION – One who claims acquisition of title by adverse possession must pleadand prove that his possession is as of right with hostile animus, i.e., in denial of right and title of the trueowner and further that such possession was open, peaceful and continues for more than the statutoryperiod – In the absence of such pleading and proof, the claim of acquisition of title by adverse possessionwould not succeed – Hostile animus can be shown if the possession is as of right without any attemptat concealment – But where the initial possession is permissive, in order to show that the possessionbecame adverse to the knowledge of true owner, the claimant has to clearly plead and prove that at asubsequent point of time he exercised such overt acts in relation to his possession which would clearlyamount to denial of title of the real owner.

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In the present case the revisional court has not reversed the finding of the appellate court that thepossession of O.P.s 1 to 3 over the land in question was initially permissive – The initial possession ofthe O.P.s over the land being permissive in nature, it was incumbent upon them to clearly plead and leadevidence indicating the particular point of time and the exact nature of overt act in relation to theirpossession which is indicative of denial of the title of the real owners, i.e., the petitioners – The revisionalCourt having not considered these aspects, the impugned revisional order is held to be illegal and is setaside.

(B. K. Nayak, J.)

ANATHA BANDHU MANDAL -V- STATE OF ORISSA & ORS.W.P. (C) NO. 22753 OF 2010 (18.06.2015)

ORISSA FOREST ACT, 1972 – S.56

Whether the Orissa Forest (Detection, Enquiry and Disposal of Forest Offences),Rules1980 haveany application to the proceeding before the Authorised Officer U/s 56 of the Orissa Forest Act,1972 ?Held, No.

In the present case, “The 1980 Rules” is a piece of delegated legislation, mainly connected withSection 72 of the Act – It is totally Silent on confiscation proceeding to be conducted by AuthorisedOfficer, provisions for which have been made clearly in Sub-Sections (2-a), (2-b) & 2 (c) of Section 56of the Act – Held, “The 1980 Rules” have no application to the proceeding before the Authorised OfficerU/s. 56 of the Act – To be more clear since the Authorised Officer U/s 56 of the Act deals mainly withthe confiscation proceeding “the 1980 Rules” have no application to such proceeding.

(Dr. A. K. Rath. J, B. Mohanty.J & Dr. B.R.Sarangi.J.)

ASHOK KUMAR GUPTA -V- STATE OF ORISSACRLA NO. 352 OF 1992 (18.06.2015)

ESSENTIAL COMMODITIES ACT, 1955 – S. 7(1) (a) (ii)

Seizure of 100 bags of paddy from the running truck – Petitioner was convicted U/s. 7 (1) (a) (ii)of the Act for violation of CI.3(2) and II (aa) of the Odisha Rice and Paddy control order 1965 – Hencethe appeal – Prosecution has not been able to prove that the dealer has purchased paddy at lesserprices than fixed by the government and stored such paddy exceeding ten quintals inside the State ofOdisha – Held, there is neither contravention of CI.3 nor Cl.II (aa) of the control order 2005 punishableU/s. 7 of the Act – The impugned order of conviction and sentence is set aside.

(Dr. D.P. Choudhury, J )

NIRUPAMA BEHERA -V- STATE OF ODISHA & ORS.W.P.(C) NO. 20780 OF 2014 (19.06.2015)

EDUCATION - Admission into Diploma Course in General Nursing and Midwifery Training 2014-2015 - Petitioner was provisionally selected and her rank was 38 against S.C. category and she hada clear chance of getting a seat - Non-communication of the result to the petitioner - She wasdeliberately prevented from attending the counseling for no fault of her - Held, since admission processin the particular course for the year 2014-2015 is over by 31.10.2014 direction issued to the opposite

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parties to allow the petitioner for admission in the GNM course 2015-2016 - For the deliberate negligenceon the part of the convener this Court imposed a cost of Rs. 5,000/- which shall be paid to the petitioner.

(I.Mahanty, J. & B. Rath, J.)

PRAKASH MISHRA -V- STATE OF ORISSA & ORS.CRLMP NO. 1152 OF 2014 & CRLMC NO. 5020 OF 2014 (19.06.2015)

CONSTITUTION OF INDIA, 1950 – ART.226 r/w Section 482 Cr.P.C

Quashing of F.I.R. and Criminal Proceeding – Offence U/s 13 (2) r/w Section (i) (d) of the P.C. ACT.,1988 and Section 120-B of I.P.C. – No material that the petitioners had any dishonest intention insanctioning 100% advance towards purchase of cement and steel – Preliminary enquiry not conductedproperly – False and baseless allegation to implicate the petitioners – No notice was issued to thepetitioners allowing them opportunity to put forth their cases – Willful inaction of the Director, Vigilance,in not ensuring free, fair and proper enquiry – Allegations made in the F.I.R and materials available in thecase diary including the purported incriminating materials pointed out by the Vigilance Department do notconstitute or disclose Commission of any cognizable offences allowing to continue the Criminal Proceedingagainst the present petitioners would be an abuse of the process of Court Law and resulted seriousmiscarriage of Justice – Held, impugned Criminal Proceedings initiated against the petitioners are quashed.

(S.C. Parija, J.)

SIBA CHARAN PRADHAN -V- D.F.O, RAIRAKHOL DIVISION & ORS.W.P.(C) NO. 11520 OF 2014 WITH BATCH (19.06.2015)

ODISHA TIMBER AND OTHER FOREST PRODUCE TRANSIT

RULES, 1980 – RULE 7

Application for T.T. permit for removal of Sal trees from the recorded Plots of the petitioners – D.F.O.refused to grant permit – Action challenged – Forest Conservation Act, 1980 shall not apply to any treesplanted in any area which is not a forest – Impugned order not being sustainable is quashed – Directionissued to the concerned D.F.O. to pass necessary orders for removal of the trees from the respectivelands of the petitioners and issue T.T. permit for the same.

(S. Pujahari, J.)

M/S. GANAPATRAI BALABUX -V- THE ASSESSING AUTHORITY & ORS.W.P.(C) NO. 2922 OF 2006 (22.06.2015)

ENTRY TAX ACT, 1999 – S. 7(4)

Entry tax – Extra demand raised by the assessing authority – First appellate authority confirmedthe order without affording opportunity to the petitioner to produce satisfactory proof of payment of tax –Action challenged – Petitioner paid entry tax at the check gate through his transporter which would beadjusted against the tax payable under the Act – Non consideration of the circular issued by thedepartment in 1999 – Held, tax collected at check gate must be adjusted in respect of payment of tax– The petitioner can take the benefit of copy of money receipt issued to the transporter, carrying his goodsby the check gate officer while assessing tax payable by the petitioner.

( I.Mahanty, J. & Dr. D.P.Choudhury, J.)

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BIKRAM ROUT @ BABAN -V- STATE OF ORISSAJCRLA NO. 72 OF 2006 (22.06.2015)

CRIMINAL TRIAL – Appreciation of evidence – Conviction U/ss. 366, 376(2)(g) I.P.C. challenged –Evidence of the victim shows that she was made complete naked while she was gang raped on the hilland that she was all through struggling on the ground by moving her limps – However the doctor who hasexamined the victim stated that there was no injury either on the private part or on any other portion ofthe body – The doctor has specifically stated in cross examination that in case of forceful intercourse ona rough and hard surface, there will be injuries on the backside of the body of the victim – Oculartestimony of the victim runs contrary to the medical evidence – Held, prosecution failed to establish theabove charges hence the impugned judgement of conviction and sentence is set aside.

( S.K. Sahoo, J.)

SASMITA MANJARI DAS -V- STATE OF ORISSA & ORS.W.P.(C) NO. 15833 OF 2011(25.06.2015)

ANGANWADI WORKER – Appointment – Conditions stipulated in the advertisement must befollowed strictly and in no case it will be deviated.

In this case advertisement made for appointment of Anganwadi Worker in respect of Khntal AnganwadiCentre – Since O.P.6 has withdrawn herself due to her engagement elsewhere position of O.P.5 and thepetitioner became 2nd and 3rd respectively in the merit list – However on the date of verification of originalcertificates as O.P. 5 remained absent so the petitioner was declared as the successful candidate – Lateron O.P.5 approached the ADM who passed the order directing to prepare further merit list – Hence thewrit petition – There being a condition in the advertisement that after receiving application forms, verificationof original certificates are to be done on 10.6.2010 in presence of the applicants and there after nameof the eligible candidate will be published – Since O.P.5 had not chosen to appear on 10.6.2010 she cannot claim her right there after – Held, the impugned order passed by the ADM is set aside.

(S. N. Prasad, J.)

SUSIL KUMAR MOTWANI -V- BEBI PATTNAIK & ORS.W.P.(C) NO. 1620 OF 2012 (WITH BATCH) (Dt.26.06.2015)

CIVIL PROCEDURE CODE, 1908 – O-6, R-17

Amendment of plaint – Discretion of the Court – Court must take into consideration of some basicprinciples i.e. whether such amendment is necessary for the determination of the real question in controversyand the potentiality of prejudice or injustice which is likely to be caused to the other side and that basictest should govern the Courts discretion while granting or refusing amendment.

In the present case since the plaintiff claimed his right over the property on the basis of hispurchased land by registered sale deed, rejection of his application for amendment would lead to injusticeand multiple litigation and the learned Court below has rightly allowed the amendment directing to impleadthe subsequent purchasers as party to the suit – Held, impugned order needs no interference under Article227 of the constitution of India.

(S. Panda, J.)

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KALIA HATI & ORS. -V- STATE OF ODISHA & ORS.W.P.(C) NO. 10431 OF 2012 (30.06.2015)

ODISHA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION ACT, 1980 – Ss. 2(h),2(i), 14, 15 & 31

Whether under the provisions of the OIIDCO Act, 1980, IDCO can cause acquisition of land onlyfor the purpose of establishing industrial estate/industrial area and for no other purpose ? Held, underthe provisions of the OIIDCO Act, 1980 the Corporation can acquire land not only for the purpose ofestablishing industrial estate/industrial area but also for other purposes.

(P.K.Mohanty, J., Dr. A.K.Rath, J. & B. Mohanty J.)

UMARANI MUDRA & ORS. -V- CHIEF ADMINISTRATOR,LORD JAGANNATH TEMPLE, PURI

C.M.P. NO. 440 OF 2015 (30.06.2015)

CIVIL PROCEDURE CODE, 1908 – S.24

Transfer of suit – Application dismissed by learned District Judge – Hence this petition – Prayersmade in two civil suits pending before the learned Civil Judge (Sr. Division) Puri are totally different fromthe prayers of the two suits pending before the learned Civil Judge (Jr. Division) Puri – Cause of actionand subject matter of all the suits cannot be one though one of the issues may be common – Althoughparties in all the suits are not common in the transfer petition the petitioners have not arrayed LRs ofGopinath Mohanty as parties – Moreover one of such suits has been targeted by this Court, so theargument relating to probable conflict of decisions of two courts does not appeal to this Court – Held, therebeing no error apparent on the face of the impugned order, this Court is not inclined to interfere with thesame.

(B. Mohanty, J.)

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DEVELOPMENT OF INFRASTRUCTURE FOR THEHIGH COURT OF ORISSA AND THE SUBORDINATE JUDICIARY

DURING THE FINANCIAL 2015-16

The Government of Odisha in their Home Department have proposed a budgetary provision of Rs.58,00,00,000/- for development of infrastructural facility of the Judiciary. Proposal against the plan ceiling relatingto the Judiciary has already been sent to the State Government. The projects proposed include completion ofDistrict Court Buildings in newly created Judgeships.

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MAJOR EVENTS

1. Inauguration of Civil Court Extension (Multiplex) Building at Berhampur

The Civil Court Extension (Multiplex) Building at Berhampur was inaugurated on 2.5.2015 by Hon’ble

Shri Justice Pradip Kumar Mohanty, the then Acting Chief Justice of Orissa High Court in august presence

of Hon’ble Shri Justice Indrajit Mahanty and Hon’ble Kumari Justice Sanju Panda, Judges of Orissa High

Court. (Photo Page - v)

2. Inauguration of the A.D.R. Centre Building at Nuapada

Inauguration of the A.D.R. Centre Building at Nuapada was held on 4.4.2015. Hon’ble Shri Justice

Raghubir Dash, Judge, Orissa High Court inaugurated the A.D.R. Centre Building in presence of Judicial

Officers and Bar Members of Nuapada. (Photo Page - v)

3. Inspection of different Courts

On 04.04.2015 : Hon’ble Kumari Justice Sanju Panda, Judge, Orissa High Court inspected the Court

of Additional District & Sessions Judge at Chhatrapur (Ganjam Judgeship)

On 27.04.2015 : Hon’ble Shri Justice B.K.Nayak, Judge, Orissa High Court inspected the Court of

Additional District & Sessions Judge at Rairangpur (Mayurbhanj Judgeship)

On 18.04.2015 : Hon’ble Dr. Justice A.K.Rath, Judge, Orissa High Court inspected the Court of

District & Sessions Judge at Bhadrak (Bhadrak Judgeship)

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e-Courts Project in Odisha

In our State a Steering Committee under the chairmanship of Hon’ble Shri Justice I. Mahanty, Hon’ble Shri

Justice S.C. Parija and Hon’ble Shri Justice S.K. Mishra as members thereof, is monitoring the implementation

of the e-Courts project with the assistance of the Central Project Coordinator, Shri T.P. Rath.

The scope of e-Courts Project is to develop, deliver, install and implement automated decision making and

decision support system in the district and subordinate courts of the state with the help of e-Committee Supreme

Court of India.

The objectives of the project are :

To help Judicial administrations of the Courts in streamlining their day-to-day activities

� To assist judicial administration in reducing the pendency of cases.

� To provide transparency of information to the litigants.

� To provide access to legal and judicial databases to the Judges.

� To provide Citizen Centric Services to the lawyers and litigants.

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The State Judiciary, configured to 115 Court Complexes, consists of 423 Courts situated in different parts

of the State.

The following progress have been achieved in the State under e-Courts Project :

1. Site preparation, delivery and installation of hardware of 115 Court Complexes is completed.

2. Video Conferencing connectivity between 43 Courts and 42 Jails is in progress.

3. 612 Judicial Officers are provided with Laptops and Printers.

4. 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.

5. 26 DG sets are ordered to be delivered in 3rd phase.

6. To look after the e-Courts work at Orissa High Court 1 Senior System Officer, 1 System Officer and 2

System Assistants have been deployed.

7. 14 System Officers and 23 System Assistants have been deployed at District level to provide the technical

support.

8. Successful Data Entry of Backlog cases are going on at 113 Court Complexes.

9. CIS (Case Information System) software has been rolled out in 115 Court Complexes.

10. Citizen Centric Services have been provided in 27 District Court Complexes.

11. SMS services regarding filing of cases have been provided to the registered Lawyers at High Court and

District Courts.

12. Websites have been have been operational under e-Courts in 30 District Courts.

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”

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ACTIVITIES OFODISHA STATE LEGAL SERVICES AUTHORITY

1. Lok Adalats :

(a) At National level held on 11.04.2015

As per the instruction of National Legal Services Authority, Monthly National Lok Adalat for thecases relating to Labour and Family matters was organized throughout the State on 11.04.2015. Apartfrom the High Court Legal Services Committee, 30 District Legal Services Authorities, and 74 Taluk LegalServices Committees participated in the said National Lok Adalat. 222 number of Pre-litigation Cases (178no.of Labour disputes & 44 no.of Family matters) were taken up, out of which, 51 number of Cases ( 28no.of Labour disputes & 23 no.of Family matters) were settled. Similarly, 7817 number of pending Cases(Labour disputes-3772 and Family matters-4045) were taken up in the said National Lok Adalat, out ofwhich 1316 number of cases (Labour disputes-665 and Family matters-651) were settled. Further, 59number of cases were disposed of by the High Court Legal Services Committee, Cuttack which includesI.D.cases-05 and Motor Accident Claims Appeals-54. A sum of Rs.1,64,93,500/- was awarded asCompensation amount in the above M.A.C. Appeals.

(b) National Level held on 09.05.2015

Similarly, Monthly National Lok Adalat for the cases relating to MACT and Insurance Claims wasalso organized throughout the State on 9.5.2015. Apart from the High Court Legal Services Committee,30 District Legal Services Authorities, and some of the Taluk Legal Services Committees participated inthe said National Lok Adalat. 8264 no.of MAC cases were taken up, out of which, 1340 no.of cases (MAC-1267 & MACA-73) were settled/disposed of. A sum of Rs.29,93,22,089/- was awarded as Compensationamount in the above MAC Appeals. Besides above, 10 no.of Writ Petitions were also disposed of by theHigh Court Legal Services Committee along with the MAC Appeals.

(i) At District & Taluk Levels :

During the above period, the field units i.e. 30 District Legal Services Authorities and 74 Taluk LegalServices Committees organized 138 no. of Lok Adalats in the State of Odisha. In the above Lok Adalats,total 58,161 no.of cases comprising 459-Civil, 9832-Compoundable Criminal Cases, 48569-Revenue, 46-Matrimonial, 137- Bank, 114-BSNL & 04-MACT cases were disposed of. A sum of Rs.17,35,844/- towardscriminal fine and Rs. 89,70,300/- as revenue were collected in the said Lok Adalats. Further, a sumof Rs.17,35,000./- was awarded as compensation in the above Motor Accident Claim Cases.

(2) Permanent Lok Adalats( for Public Utility Services)

U/s.22-B of the Legal Services Authorities Act

During the above quarter, 294 number of new cases relating to Public Utility Services were registeredin the Thirteen Permanent Lok Adalats, out of which, 96 no. of cases were settled.

(3) Generating awareness and spreading Legal Literacy :

During the quarter, 276 no. of Legal Literacy/Awareness Programmes were organized by the fieldunits on different topics including the rights of women and on Protection of Women from DomesticViolence (PWDV) Act, Pre-natal Sex Selection and “Pre-Natal Diagnostic Technique (PNDT) Act” AwarenessCamps relating to different welfare and social security schemes especially those meant for the SeniorCitizens were held. Legal literacy classes in jails on “Plea Bargaining” fundamental duties & other topicswere held as per the Calendar of Activities of this Authority. Total 21,687 no.of persons were benefittedby attending the said Literacy Camps. Further, all the District Legal Services Authorities and Taluk Legal

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Services Committees observed International Labour Day on Ist May, 2015 and World Environment Day on5th June, 2015 by organizing awareness programmes on the occasions.

(4) Legal Aid Beneficiaries

Free Legal Aid and assistance was provided to 795 persons comprising SC- 78, ST- 67, OBC-77,Women-233, Children-09, In-custody-93, General-156 and other weaker sections of the Society - 82.

(5) Activities of ADR/Mediation Centres :

During the quarter, 536 no. of new cases were referred by different Courts to the MediationCentres, and 569 no. of cases ( including previously pending cases) were disposed of, out of which, 76cases were disposed of on successful mediation.

(6) Activities of Student Legal Literacy Club :

To generate legal literacy and awareness, competitions on Debate & Essay at College Levelsamongst the college students and competition on Debate & Essay and Drawing at School Levels amongstthe members of Student Legal Literacy Clubs were held in the month of April, 2015 and the winners ofthe District Level Competitions participated in the Zonal Level Competitions.

This Authority had organized a State Level Competition on Essay, Debate & Drawing amongst thefive Zonal Level Winners of chosen across the State. The winners of State Level Competition werefelicitated in a Prize Giving Ceremony by Hon’ble Executive Chairman and other Judges of Orissa HighCourt on 14.5.2015 at Odisha Judicial Academy, Cuttack. A short play “DAHANI” (The Witch) was stagedby the members of one of the School Legal Literacy Clubs of Cuttack.

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ACTIVITIES OF HIGH COURT LEGAL SERVICES COMMITTEE

1. The National Lok Adalat was held on 11.04.2015 in which Hon’ble The Acting Chief Justice & ExecutiveChairman, Odisha State Legal Services Authority, Hon’ble Dr. Justice A. K. Rath, Hon’ble Dr. Justice B.R. Sarangi, Hon’ble Shri Justice Biswajit Mohanty, Hon’ble Shri Justice Biswanath Rath and Hon’ble ShriJustice S. K. Sahoo, Judges of the Hon’ble Court presided over different Benches of the Lok Adalat. Inthe above Lok Adalat 59 cases were disposed of which includes motor accident claim Appeals & IndustrialDisputes Cases. The General Insurance Companies agreed to pay Rs. 01,64,93,500 /- (Rupees OneCrore Sixty Four Lakhs Ninety Three Thousand Five Hundred ) only as compensation.

2. The National Lok Adalat held on 09.05.2015 in which Hon’ble The Acting Chief Justice and ExecutiveChairman Odisha State Legal Services Authority, Hon’ble Dr. Justice A. K. Rath, Hon’ble Dr. Justice B.R. Sarangi, Hon’ble Shri Justice Biswanath Rath, Hon’ble Shri Justice S. K. Sahoo and Hon’ble Dr. JusticeD. P. Choudhury, Judges of the Hon’ble Court presided over different Benches of the National Lok Adalat.In the above Lok Adalat 83 cases were disposed of which includes Motor Accident claim Appeals andOther Cases (O.J.C / W.P.(c). The General Insurance Companies agreed to pay Rs. 1,78,06,500 /-(Rupees One Crore Seventy eight Lakhs Six Thousand Five Hundred) only as compensation.

– 0 –

Court

News23

ACTIVITIES OF ODISHA JUDICIAL ACADEMY

Name of theProgramme

(Rank Wise)participants

No. ofParticipants

Sl.No.

1. 17.4.2015&

18.4.2015

Revenue Law 25 23 D.J.- 2, ADJ - 3,SDJM/JMFC - 5,Civil Judges-13

Date ofProgramme

2. 24.4.2015&

25.4.2015

The Protection of Childrenfrom Sexual Offences Act,

2012

25 23 D.J. -2, FamilyCourt Judge & ALR-2, Civil Judges - 9,

SDJM/JMFC-10

3. 1.5.2015&

2.5.2015

Criminal Adjudication :Cases in Magisterial Courts

25 25 SDJM - 15JMFC -10

4. 19.5.2015 Computer Training 41 System Officers& Assistants - 40

5. 27.5.2015onwards

Induction programme ofA.D.Js.

2 2 Newly RecruitedA.D.Js.

40

6. 11.6.2015&

12.6.2015

Court Management andCase Management

62 54 D.J.- 23,Court Managers - 31

7. 26.6.2015&

27.6.2015

25 24

No. ofParticipantsattended

Criminal Trials A.D.J. - 24

1. Lawyers Day - Lawyers Day was Celebrated in the Academy with Unveiling of Statue of Utkal GourabMadhusudan Das by Hon’ble Kumari Justice Sanju Panda in the presence of Hon’ble Judges and Officersof the Registry of the High Court. The newly appointed Civil Judges of 2014 recited “Bande Utkala Janani”followed by Oration competition on Utkal Gourab Madhusuan Das. All the present dignitaries paidhomage to Utkal Gourab Madhusudan Day by offering flowers. (Photo Page - iv)

2. Joint Session of District Judges and Court Managers on Court Management and Case Management wasinaugurated by Hon’ble Mr. Justice D.H. Waghela, Chief Justice of Orissa High Court in presence ofHon’ble Judges of the Court. The programme was attended by the District Judges and Court Managersof Hon’ble High Court and the Districts. (Photo Page - iv)

3. One day workshop on PCPNDT Act was organized in collaboration with Directorate of Family Welfare,Govt. of Odisha and National Health Mission, Odisha on 20.6.2015. The workshop was attended by 52Newly appointed Civil Judges and 2 A.D.Js. The participants were sensitized on Social Dimensions ofSex Selection, Medical aspect of PCPNDT Act with reference to MTP Act, Overview of PCPNDT Act &Judicial Approach to the Act.

Court

News24

STA

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SH

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Court

News25

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News28

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News29

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Court

News32

INSTITUTION, DISPOSAL & PENDENCY OF CASES IN THE FAMILY COURTSOF THE STATE FROM 01.04.2015 TO 30.06.2015

Sl. No.Name of the

Family CourtsOpening Balance as on

01.04.2015

Institution during the

Quarter

Disposed of during the

Quarter

Transfer to Other Courts

Pendency as on 30.06.2015

1 Balasore 3034 197 130 0 3101

2 Balangir 449 13 0 0 462

3 Cuttack 5244 197 887 2 4552

4 Kendrapara 1770 223 190 0 1803

5 Jajpur 1571 134 108 0 1597

6 Dhenkanal 395 101 135 0 361

7 Berhampur 1205 184 191 1 1197

8 Bhawanipatna 95 23 21 0 97

9 Keonjhar 356 50 39 0 367

10 Khurda 1264 103 14 0 1353

11 Bhubaneswar 2434 333 236 2 2529

12 Jeypore 384 29 31 0 382

13 Baripada 743 81 87 1 736

14 Phulbani 200 40 40 0 200

15 Puri 1659 117 170 0 1606

16 Sambalpur 465 51 54 0 462

17 Rourkela 1745 104 75 2 1772

23013 1980 2408 8 22577TOTAL

TOTAL NO. OF CIVIL AND CRIMINAL CASES IN THE SUB-ORDINATE JUDICIARYOF THE STATE DURING THE PERIOD FROM 01.04.2015 TO 30.06.2015

Opening Bal. Institution Disposed of Pending

CIVIL 250212 16133 9621 256724

CRIMINAL 839961 64749 45129 859581

GRAND TOTAL 1090173 80882 54750 1116305

Court

News33

Inauguration of Joint Session of District Judges and Court Managers on 11.06.2015

by Hon’ble Shri Justice D.H. Waghela, Chief Justice, Orissa High Court

at Odisha Judicial Academy in presence of Hon’ble Shri Justice Indrajit Mahanty, Hon’ble

Kumari Justice Sanju Panda, Hon’ble Shri Justice S.K. Mishra and

Hon’ble Dr. Justice D.P. Choudhury, Judges of Orissa High Court

Unveiling the Statue of Utkal Gourab Madhusudan Das

by Hon’ble Kumari Justice Sanju Panda, Judge, Orissa High Court on 28.04.2015

in presence of Hon’ble Judges and Officers of the Registry of the High Court

on the occasion of celebration of Lawyers Day in the Odisha Judicial Academy, Cuttack

(v)

Inauguration of ADR Centre Building at Nuapada on 04.04.2015

by Hon’ble Shri Justice Raghubir Dash, Judge, Orissa High Court

Inauguration of Civil Court Extension (Multiplex) Building at Berhampur on 02.05.2015

by Hon’ble Shri Justice Pradip Kumar Mohanty, the then Acting Chief Justice,

Orissa High Court in presence of Hon’ble Shri Justice Indrajit Mahanty

& Hon’ble Kumari Justice Sanju Panda, Judges of Orissa High Court

court news apr-jun-2015

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