October to December 2011 For Internet.pmd - Orissa High Court

Farewell to Hon’ble Shri Justice H.S. Bhalla on his Lordship’s retirement on 20.11.2011
Inauguration of the Court of District & Sessions Judge at Nabarangpur on 22.10.2011
by Hon’ble Shri Justice V. Gopala Gowda, Chief Justice, Orissa High Court in presence of
Hon’ble Shri Justice B.N. Mahapatra, Judge, Orissa High Court.
Inauguration of New Court Building at Rairangpur on 12.11.2011
by Hon’ble Shri Justice V. Gopala Gowda, Chief Justice, Orissa High Court in presence of
Hon’ble Shri Justice S.K. Mishra, Judge, Orissa High Court.
Editorial Board
Hon’ble Shri Justice L.Mohapatra
Hon’ble Shri Justice I.Mahanty
Hon’ble Shri Justice B.K.Patel

Inauguration of the workshop on “Protection of Child Rights & ICPS” at Bhawanipatna on 15.10.2011 by
Hon’ble Shri Justice Altamas Kabir, Judge, Supreme Court of India in presence of Shri Naveen Patnaik,
Hon’ble Chief Minister of Odisha, Hon’ble Shri Justice V. Gopala Gowda, Chief Justice, Orissa High Court,
Hon’ble Shri Justice B.P. Das, Hon’ble Shri Justice C.R. Dash, Judges of Orissa High Court and
Smt. Saraswati Hambrum, Chairperson, State Commission for Protection of Child Rights.
Inauguration of Gram Nyayalaya at Rajnagar on 08.11.2011 by Hon’ble Shri Justice V. Gopala Gowda, Chief Justice,
Orissa High Court in presence of Hon’ble Shri Justice B.P. Das, Judge, Orissa High Court & MLA, Rajnagar.
Silver Jubilee Celebration of C.A.T., Cuttack Branch on 11.12.2011. Guest on the dias :
Hon’ble Shri Justice Altamas Kabir, Hon’ble Shri Justice A.K.Ganguly, Hon’ble Shri Justice A.K. Patnaik, Hon’ble Shri
Justice Dipak Misra, Judges of Supreme Court of India, Hon’ble Shri Justice V.Gopala Gowda, Chief Justice, Orissa High
Court, Hon’ble Shri Justice B.P.Das, Judge, Orissa High Court, Hon’ble Shri Justice V.K. Bali, Chairman, C.A.T.,
Shri Ashok Parija, Chairman, Bar Council of India, Shri C.R.Mohapatra, Hon’ble Member (Admn.), C.A.T.,
Shri P.H. Parekh, President, Supreme Court Bar Association and Shri D.K. Behera, Secretary, C.A.T. Bar Association.

CHIEF JUSTICE’S BUNGALOW
KILLA FORT, CUTTACK - 753 001
Phone : (0671) 2507808 (Off.)
2301703 (Res)
2301505 (Res)
Fax: (0671) 2301703 (Res)
(0671) 2508446 (Off.)
March 1, 2012
MESSAGE
This is the 18 th issue of the Court News which relates to the last
quarter of the year 2011.
Various expansion programmes took place in the quarter under report.
The J.M.F.C. Court at Aul and Gram Nyayalaya at Rajnagar were inaugurated
during this quarter; so also the new court building at Rairangpur. A Regional
workshop on “Protection of Child Rights and Integrated Child Protection
Scheme” was organized on 15.10.2011 at Bhawanipatna by the Orissa
State Legal Services Authority in collaboration with the Women & Child
Development Department of the State. Hon’ble Mr. Justice Altamas Kabir,
Judge, Supreme Court of India and Chairperson, National Legal Services
Authority inaugurated the same. The Court of District & Sessions Judge
was also inaugurated at Nabarangpur during the quarter under report.
Hon’ble Mr. Justice H.S. Bhalla also demitted office during this quarter.
I am sure this issue will be very informative.
(V. GOPALA GOWDA)

CONTENTS
01. Names of Hon’ble the Chief Justice ... 2
and Hon’ble Judges of Orissa High Court.
02. Retirement of Hon’ble Judge of the Orissa High Court ... 2
03. Sanctioned Strength & Vacancies in Orissa High Court. ... 3
04. Institution, Disposal and Pendency of Cases in the High Court ... 3
from 01.10.2011 to 31.12.2011
05. Institution, Disposal and Pendency of Cases in the High Court ... 4
from 01.01.2011 to 31.12.2011
06. Sanctioned Strength & Vacancies in District & Subordinate Courts ... 4
07. Institution, Disposal and Pendency of Cases in ... 5
District & Subordinate Courts from 01.10.2011 to 31.12.2011
08. Institution, Disposal and Pendency of Cases in ... 11
District & Subordinate Courts from 01.01.2011 to 31.12.2011
09. Outlines of some recent Orissa High Court Judgments ... 18
10. Programmes attended by Hon’ble the Chief Justice & ... 36
Hon’ble Judges of Orissa High Court at the NJA, Bhopal & other places.
11. Major Events ... 37
12. Activities of High Court Legal Services Committee ... 38
13. Activities of Orissa State Legal Services Authority ... 39
14. Activities of Orissa Judicial Academy ... 41

2
Court
News
HON’BLE JUDGES OF THE ORISSA HIGH COURT
HON’BLE THE CHIEF JUSTICE
Hon’ble Shri Justice V. GOPALA GOWDA, B.Sc.,LL.B.
HON’BLE JUDGES
Hon’ble Shri Justice B.P. Das, M.A., LL.B.
Hon’ble Shri Justice L. Mohapatra, B.Sc., LL.B.
Hon’ble Shri Justice Pradip Kumar Mohanty, LL.B.
Hon’ble Shri Justice M.M. Das, M.A., LL.B.
Hon’ble Shri Justice R.N. Biswal, M.A., LL.M.
Hon’ble Shri Justice I. Mahanty, LL.M.
Hon’ble Shri Justice H.S.Bhalla, B.A., LL.B.
Hon’ble Smt. Justice Aruna Suresh, B.A., LL.B.
Hon’ble Kumari Justice Sanju Panda, B.A., LL.B.
Hon’ble Shri Justice B.N. Mahapatra, M.A., LL.B., PGDTL.
Hon’ble Shri Justice S.C. Parija, LL.B.
Hon’ble Shri Justice B.K. Patel, M.A., LL.B.
Hon’ble Shri Justice B.K. Nayak, LL.M.
Hon’ble Shri Justice S.K.Mishra, M.A., LL.B.
Hon’ble Shri Justice C.R.Dash, LL.M.
Hon’ble Shri Justice B.K.Misra, LL.B.
*
RETIREMENT OF HON’BLE JUDGE OF THE ORISSA HIGH COURT
Name of the Hon’ble Judge
Date of appointment as
Judge of Orissa
High Court
Date of retirement.
Hon’ble Shri Justice 28.10.2010 * 20.11.2011
Harjinder Singh Bhalla

Court
News
3
SANCTIONED STRENGTH & VACANCIES IN HIGH COURT
(As on 31.12.2011)
Sanctioned Strength Working Strength Vacancies
17 + 5 * = 22 15 + 1* = 16 2 + 4* = 6
* Addl. Judges
INSTITUTION, DISPOSAL AND PENDENCY OF CASES IN THE HIGH COURT
(From 1.10.2011 to 31.12.2011)
MAIN CASES
Pendency as on
1.10.2011
Institution during
the period
Total disposal
during the period
Pendency as on
31.12.2011
Civil Criminal Civil Criminal Civil Criminal Civil Criminal
131741 28266 9544 8211 5072 6893 136213 29584
160007 17755 11965 165797
MISC. CASES
Pendency as on
1.10.2011
Institution during
the period
Total disposal
during the period
Pendency as on
31.12.2011
Civil Criminal Civil Criminal Civil Criminal Civil Criminal
130547 291 7127 2462 2645 2265 135029 488
130838 9589 4910 135517
TOTAL NO. OF CIVIL & CRIMINAL CASES DURING THE PERIOD (From 1.10.2011 to 31.12.2011)
Civil
Criminal
Opening Balance Institution Disposed of Pending
262288 16671 7717 271242
28557 10673 9158 30072
Total Pending - 301314

4
Court
News
ANNUAL STATEMENTS SHOWING INSTITUTION, DISPOSAL
AND PENDENCY OF CASES IN THE HIGH COURT
(From 01.01.2011 to 31.12.2011)
MAIN CASES
Pendency as on
01.01.2011
Institution during
the period
Total disposal
during the period
Pendency as on
31.12.2011
Civil Criminal Civil Criminal Civil Criminal Civil Criminal
125452 28243 42932 33691 32171 32350 136213 29584
Pendency as on
01.01.2011
Institution during
the period
MISC. CASES
Total disposal
during the period
Pendency as on
31.12.2011
Civil Criminal Civil Criminal Civil Criminal Civil Criminal
126204 1092 28882 9253 20057 9857 135029 488
TOTAL NO. OF CIVIL & CRIMINAL CASES DURING THE PERIOD (From 01.01.2011 to 31.12.2011)
Opening Balance Institution Disposed of Pending
Civil
251656 71814 52228 271242
Criminal
29335 42944 42207 30072
TOTAL 280991
114758
94435
301314
SANCTIONED STRENGTH & VACANCIES IN
DISTRICT AND SUBORDINATE COURTS
DISTRICT & SUBORDINATE COURTS (As on 31.12.2011) (Regular Establishment)
Sl. No.
Category of Posts
Sanctioned
Strength
Working
Strength
Vacancies
1. District Judge Cadre
117 99 18
2. Sr. Civil Judge
181 143 38
3. Civil Judge
268 251 17
4. Fast Track Courts 35 34 01
5. Special Judicial Magistrates 18 14 04
6. Gram Nyayalayas 08 08 --
Total 627 549 78

Court
News
5
Name of the
Judgeship
Balasore
Bhadrak
Bolangir
Cuttack
Dhenkanal
Ganjam
Gajapati
Kalahandi
Keonjhar
Khurda
Koraput
Nabarangpur
Mayurbhanj
Phulbani
Puri
Nayagarh
Sambalpur
Bargarh
Jharsuguda
Sundargarh
Total :
Opening
Balance
as on
1.10.2011
12958
8326
3120
26318
5848
3781
277
1637
1412
15848
985
150
5114
469
6556
1324
2362
1704
1075
1840
101104
STATEMENTS SHOWING INSTITUTION, DISPOSAL & PENDENCY OF
CIVIL & CRIMINAL CASES IN THE SUBORDINATE JUDICIARY
FROM 1.10.2011 TO 31.12.2011
CIVIL SUITS
CIVIL APPEALS CIVIL MISC. APPEALS
Institution Disposed
of
Pendency
as on
31.12.2011
Opening
Balance
as on
1.10.2011
Institution Disposed
of
Pendency
as on
31.12.2011
Opening
Balance
as on
1.10.2011
Institution Disposed
of
574 892 12640 1078 48 54 1072 740 25 34
370 157 8539 846 30 26 850 296 27 18
194 178 3136 580 34 30 584 109 09 22
1336 835 26819 1758 106 30 1834 956 87 70
318 337 5829 365 26 24 367 71 22 13
284 279 3786 698 27 41 684 169 08 32
33 28 282 35 09 03 41 09 02 05
139 158 1618 308 26 32 302 62 04 11
178 89 1501 198 16 17 197 63 14 09
745 392 16201 710 15 16 709 521 43 39
93 121 957 251 17 20 248 115 07 15
16 39 127 102 08 02 108 16 06 --
235 177 5172 191 29 24 196 69 20 10
76 45 500 47 08 05 50 15 06 05
370 223 6703 1003 40 31 1012 537 32 23
84 33 1375 130 06 15 121 70 07 10
164 124 2402 148 18 25 141 38 11 05
157 96 1765 221 14 01 234 36 12 01
71 25 1121 32 08 02 38 12 04 03
160 118 1882 369 31 09 391 113 18 03
5597 4346 102355 9070 516 407 9179 4017 364 328
Pendency
as on
31.12.2011
731
305
96
973
80
145
06
55
68
525
107
22
79
16
546
67
44
47
13
128
4053

Name of the
Judgeship
Opening
Balance
as on
1.10.2011
Institution Disposed
of
Pendency
as on
31.12.2011
Opening
Balance
as on
1.10.2011
Institution Disposed
of
Pendency
as on
31.12.2011
Opening
Balance
as on
1.10.2011
Institution Disposed
of
Pendency
as on
31.12.2011
CIVIL REVISIONS EXECUTION PROCEEDINGS M.J.Cs. / SPECIAL ACT CASES
Balasore
Bolangir
Cuttack
Dhenkanal
Ganjam
Kalahandi
Keonjhar
Khurda
Koraput
Mayurbhanj
Phulbani
Puri
Sambalpur
Sundargarh
Total :
Bhadrak
Gajapati
Nayagarh
Bargarh
Jharsuguda
01
--
03
07
02
03
--
02
--
02
01
--
05
01
--
--
--
03
01
03
34
02
01
03
04
02
01
01
01
--
04
--
--
01
01
--
--
--
02
--
01
24
14
12
34
28
11
32
02
04
01
33
07
--
09
01
40
06
03
23
13
08
281
28
38
13
83
18
21
05
11
25
46
15
04
29
16
21
04
11
19
05
116
528
67
03
12
101
60
44
03
22
35
13
39
02
15
08
13
--
14
07
01
28
487
966
723
779
3148
1758
1319
82
338
737
2296
561
71
759
181
601
209
688
572
219
1026
17033
491
304
66
1311
245
151
22
92
111
620
47
10
73
40
252
73
65
26
28
126
4153
346
174
42
1295
204
104
12
76
45
367
51
06
85
38
220
20
52
24
17
84
3262
4705
4238
802
14807
2471
2151
75
1317
450
9672
359
47
648
186
3539
539
791
268
680
712
48457
Nabarangpur
15
13
34
25
11
30
03
03
01
35
06
--
05
01
40
06
03
22
12
06
271
1005
688
778
3166
1800
1342
80
349
747
2263
585
69
745
173
593
205
691
560
215
938
16992
4560
4108
778
14791
2430
2104
65
1301
384
9419
363
43
660
184
3507
486
778
266
669
670
47566
Court
News
6

Name of the
Judgeship
Opening
Balance
as on
1.10.2011
Institution Disposed
of
Pendency
as on
31.12.2011
Opening
Balance
as on
1.10.2011
Institution Disposed
of
Pendency
as on
31.12.2011
Opening
Balance
as on
1.10.2011
Institution Disposed
of
Pendency
as on
31.12.2011
M.A.C.T. CASES SESSIONS CASES CRIMINAL APPEALS
Balasore
Bolangir
Cuttack
Dhenkanal
Ganjam
Kalahandi
Keonjhar
Khurda
Koraput
Mayurbhanj
Phulbani
Puri
Sambalpur
Sundargarh
Total :
Bhadrak
Gajapati
Nayagarh
Bargarh
Jharsuguda
97
89
45
764
190
235
04
23
42
248
85
33
45
15
134
16
107
23
09
71
2275
83
29
16
516
73
302
--
31
48
133
39
13
42
09
221
09
104
17
18
314
2017
1095
562
530
10803
1505
3350
70
278
967
3571
851
212
811
249
3865
291
773
365
145
2158
32451
88
58
86
150
156
94
30
51
98
83
114
35
71
93
26
33
82
36
20
139
1543
94
67
59
163
130
56
11
58
67
99
87
33
68
78
67
31
92
49
28
80
1417
737
205
712
2930
819
2305
113
179
536
1304
499
186
476
372
1292
540
836
306
291
643
15281
27
09
26
36
12
30
02
09
13
14
16
06
08
16
10
07
07
06
03
22
279
23
29
09
24
03
30
01
25
19
19
27
08
16
16
06
16
13
01
06
15
306
282
378
519
563
191
366
24
360
252
352
167
72
110
70
226
170
81
98
25
99
4405
Nabarangpur
1081
502
501
10555
1388
3417
66
286
973
3456
805
192
808
243
3952
284
770
359
154
2401
32193
743
214
685
2943
793
2267
94
186
505
1320
472
184
473
357
1333
538
846
319
299
584
15155
278
398
502
551
182
366
23
376
258
357
178
74
118
70
222
179
87
93
28
92
4432
Court
News 7

Name of the
Judgeship
Opening
Balance
as on
1.10.2011
Institution Disposed
of
Pendency
as on
31.12.2011
Opening
Balance
as on
1.10.2011
Institution Disposed
of
Pendency
as on
31.12.2011
Opening
Balance
as on
1.10.2011
Institution Disposed
of
Pendency
as on
31.12.2011
CRIMINAL REVISIONS CRIMINAL MISC. CASES SPECIAL ACT CASES
Balasore
Bolangir
Cuttack
Dhenkanal
Ganjam
Kalahandi
Keonjhar
Khurda
Koraput
Mayurbhanj
Phulbani
Puri
Sambalpur
Sundargarh
Total :
Bhadrak
Gajapati
Nayagarh
Bargarh
Jharsuguda
04
08
20
37
16
24
02
08
01
21
17
11
07
14
06
04
11
19
03
14
247
13
11
22
19
09
28
02
13
--
18
12
05
10
07
05
--
10
03
04
09
200
168
144
218
265
100
239
20
125
35
203
87
30
64
31
145
46
51
79
21
40
2111
330
261
337
936
527
772
69
222
352
597
263
88
277
175
413
175
293
144
100
502
6833
325
259
366
764
536
762
86
216
321
589
257
97
284
178
396
138
282
134
99
486
6575
26
29
32
405
40
99
09
20
80
63
50
21
26
11
77
49
37
13
08
75
1170
46
18
22
93
29
45
33
08
11
21
13
03
08
03
11
06
25
16
06
02
419
25
20
13
54
24
17
01
09
02
30
13
05
17
--
03
07
07
13
01
06
267
568
139
244
567
488
288
85
368
123
385
196
92
89
25
198
105
152
131
80
43
4366
Nabarangpur
177
147
220
247
93
243
20
130
34
200
82
24
67
24
144
42
50
63
22
35
2064
21
27
61
233
49
89
26
14
49
55
44
30
33
14
60
12
26
03
07
59
912
547
141
235
528
483
260
53
369
114
394
196
94
98
22
190
106
134
128
75
47
4214
Court
News
8

Court
News
9
Name of the
Judgeship
Balasore
Bhadrak
Bolangir
Cuttack
Dhenkanal
Ganjam
Gajapati
Kalahandi
Keonjhar
Khurda
Koraput
Nabarangpur
Mayurbhanj
Phulbani
Puri
Nayagarh
Sambalpur
Bargarh
Jharsuguda
Sundargarh
Total :
Opening Balance
as on 1.10.2011
426
--
114
562
--
246
--
89
129
683
138
--
--
--
--
--
499
--
--
--
2886
PREVENTION OF CORRUPTION ACT (VIG. + C.B.I.)
Institution Disposed of Pendency as on
31.12.2011
15
08
433
--
--
--
03
03
114
14
14
562
--
--
--
22
06
262
--
--
--
05
11
83
01
03
127
18
17
684
06
08
136
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
13
09
503
--
--
--
--
--
--
--
--
--
97
79
2904

10
Court
News
Name of the
Judgeship
Balasore
Bhadrak
Bolangir
Cuttack
Dhenkanal
Ganjam
Gajapati
Kalahandi
Keonjhar
Khurda
Koraput
Nabarangpur
Mayurbhanj
Phulbani
Puri
Nayagarh
Sambalpur
Bargarh
Jharsuguda
Sundargarh
Total :
CRIMINAL CASES OF MAGISTERIAL COURTS
Opening Balance as on 1.10.2011 Institution Disposed of Pendency as on 31.12.2011
Gen. File Trial File Total Gen. File Trial File Total Gen. File Trial File Total
22790 16707 39497 3869
879 2453 3332 23876 16158 40034
17811 6721 24532 1663
837 755 1592 17261 7342 24603
13978 8306 22284 2961
1211 1301 2512 14421 8312 22733
148659 38704 187363 13153 4816 3650 8466 149781 42269 192050
59028 14620 73648 5832
190 2209 2399 62250 14831 77081
28263 14996 43259 7276
4244 3900 8144 27464 14927 42391
6414 2270 8684 1293
604 963 1567 6255 2155 8410
27103 8952 36055 1935
171 2229 2400 26609 8981 35590
15024 6718 21742 1500
194 806 1000 15400 6842 22242
102867 10503 113370 6040
3650 739 4389 104415 10606 115021
45098 13524 58622 4223
728 2410 3138 46530 13177 59707
17802 5300 23102 3030
513 712 1225 19461 5446 24907
20907 10580 31487 2171
125 1866 1991 20779 10888 31667
9065 4827 13892 1216
353 1050 1403 8918 4787 13705
20997 7901 28898 2138
1134 770 1904 20915 8217 29132
5443 4761 10204 810
181 381 562 5870 4582 10452
19711 8528 28239 1950
106 1621 1727 20332 8130 28462
13334 4893 18227 2112
107 1763 1870 13319 5150 18469
33163 5657 38820 1763
116 1047 1163 33789 5631 39420
60935 12409 73344 2666
559 2056 2615 60781 12614 73395
688392 206877 895269 67601 20718 32681 53399 698426 211045 909471
TOTAL NO. OF CIVIL AND CRIMINAL CASES DURING THE PERIOD FROM 1.10.2011 TO 31.12.2011
Opening Balance Institution Disposed of Pendency
CIVIL 211213 13467 10871 213809
CRIMINAL 924932 77019 62243 939708
Grand Total 1136145 90486 73114 1153517

Court
News
11
Name of the
Judgeship
Balasore
Bhadrak
Bolangir
Cuttack
Dhenkanal
Ganjam
Gajapati
Kalahandi
Keonjhar
Khurda
Koraput
Nabarangpur
Mayurbhanj
Phulbani
Puri
Nayagarh
Sambalpur
Bargarh
Jharsuguda
Sundargarh
Total :
ANNUAL STATEMENTS SHOWING INSTITUTION, DISPOSAL & PENDENCY OF
CIVIL & CRIMINAL CASES IN THE SUBORDINATE JUDICIARY
FROM 1.1.2011 TO 31.12.2011
CIVIL SUITS
CIVIL APPEALS
Opening
Balance
as on
01.01.2011
Institution
during the
year
Disposed
of during
the year
Transferred Received Opening
Pendency
as on
31.12.2011
Balance
as on
01.01.2011
Institution
during the
year
Transferred Received
20934 2871 7942 -- 3223 12640 1809 269 836 --
-- 1221 -- 7942 624 8539 -- 84 -- 836
2891 878 -- -- 633 3136 601 106 --
--
24852 5997 -- -- 4030 26819 1577 417 --
--
5340 1996 -- -- 1507 5829 354 124 --
--
4071 1351 258 -- 1378 3786 756 162 38 --
-- 81 -- 258 57 282 -- 14 -- 38
1767 515 -- -- 664 1618 306 80 --
--
1248 646 -- -- 393 1501 160 74 --
--
15092 3472 -- -- 2363 16201 691 126 --
--
1053 569 150 -- 515 957 333 94 102 --
-- 16 -- 150 39 127 -- 08 -- 102
4885 1059 -- -- 772 5172 177 114 --
--
458 238 -- -- 196 500 53 35 --
--
7454 1680 1290 -- 1141 6703 1103 146 133 --
-- 187 -- 1290 102 1375 -- 15 -- 133
4964 1039 2725 -- 876 2402 383 106 249 --
-- 299 -- 1699 233 1765 -- 32 -- 214
-- 135 -- 1026 40 1121 -- 09 -- 35
1824 631 -- -- 573 1882 373 99 --
--
96833 24881 12365 12365 19359 102355 8676 2114 1358 1358
Disposed
of during
the year
170
70
123
160
111
196
11
84
37
108
77
02
95
38
104
27
99
12
06
81
1611
Pendency
as on
31.12.2011
1072
850
584
1834
367
684
41
302
197
709
248
108
196
50
1012
121
141
234
38
391
9179

Name of the
Judgeship
CIVIL MISC. APPEALS
Opening
Balance
as on
01.01.2011
Institution
during the
year
Disposed
of during
the year
Pendency
as on
31.12.2011
CIVIL REVISIONS
Balasore
Bolangir
Cuttack
Dhenkanal
Ganjam
Kalahandi
Keonjhar
Khurda
Koraput
Mayurbhanj
Phulbani
Puri
Sambalpur
Sundargarh
Total :
Bhadrak
Gajapati
Nayagarh
Bargarh
Jharsuguda
155
83
21
441
46
55
05
12
48
182
51
06
62
14
114
27
55
22
06
62
1467
123
61
59
376
44
97
05
34
27
160
46
--
35
13
117
12
58
01
03
34
1305
21
--
30
23
07
27
--
07
01
33
01
--
02
--
45
--
33
--
--
03
233
07
06
12
12
09
15
01
05
04
15
06
--
10
02
07
01
10
07
01
07
137
07
01
08
07
05
08
01
08
04
15
--
--
03
01
05
02
04
02
06
02
89
Nabarangpur
982
--
134
908
78
193
--
77
47
503
118
--
52
15
601
--
83
--
--
100
3891
Transferred Received Opening
Balance
as on
01.01.2011
Institution
during the
year
Disposed
of during
the year
Pendency
as on
31.12.2011
Transferred Received
--
283
--
--
--
--
06
--
--
--
--
16
--
--
--
52
--
26
10
--
393
283
--
--
--
--
06
--
--
--
--
16
--
--
--
52
--
36
--
--
--
393
--
07
--
--
--
--
02
--
--
--
--
--
--
--
--
07
--
18
18
--
52
07
--
--
--
--
02
--
--
--
--
--
--
--
--
07
--
36
--
--
--
52
731
305
96
973
80
145
06
55
68
525
107
22
79
16
546
67
44
47
13
128
4053
14
12
34
28
11
32
02
04
01
33
07
--
09
01
40
06
03
23
13
08
281
Court
News
12

Name of the
Judgeship
EXECUTION PROCEEDINGS
Opening
Balance
as on
01.01.2011
Institution
during the
year
Disposed
of during
the year
Pendency
as on
31.12.2011
M.J.C.s / SPECIAL ACT CASES
Balasore
Bolangir
Cuttack
Dhenkanal
Ganjam
Kalahandi
Keonjhar
Khurda
Koraput
Mayurbhanj
Phulbani
Puri
Sambalpur
Sundargarh
Total :
Bhadrak
Gajapati
Nayagarh
Bargarh
Jharsuguda
167
82
44
370
97
154
09
35
166
278
62
04
91
34
64
12
93
27
07
345
2141
154
13
47
239
197
431
08
104
97
135
103
02
67
57
74
12
79
15
04
154
1992
7856
--
754
14194
2516
2432
--
1240
371
8572
449
--
630
198
3847
--
1710
--
--
661
45430
2261
1042
302
5035
946
646
45
379
337
2798
211
10
295
106
1090
126
404
71
65
461
16630
1683
533
254
4422
991
860
37
302
258
1698
258
06
277
118
906
79
443
47
21
410
13603
Nabarangpur
1607
--
782
3017
1858
1677
--
407
668
2153
671
--
735
204
820
--
1450
--
--
835
16884
Transferred Received Opening
Balance
as on
01.01.2011
Institution
during the
year
Disposed
of during
the year
Pendency
as on
31.12.2011
Transferred Received
--
654
--
--
--
--
81
--
--
--
--
69
--
--
--
209
--
560
216
--
1789
654
--
--
--
--
81
--
--
--
--
69
--
--
--
209
--
776
--
--
--
1789
--
3729
--
--
--
--
67
--
--
--
--
43
--
--
--
492
--
244
636
--
5211
3729
--
--
--
--
67
--
--
--
--
43
--
--
--
492
--
880
--
--
--
5211
966
723
779
3148
1758
1319
82
338
737
2296
561
71
759
181
601
209
688
572
219
1026
17033
4705
4238
802
14807
2471
2151
75
1317
450
9672
359
47
648
186
3539
539
791
268
680
712
48457
Court
News 13

Name of the
Judgeship
M.A.C.T. CASES
Opening
Balance
as on
01.01.2011
Institution
during the
year
Disposed
of during
the year
Pendency
as on
31.12.2011
SESSIONS CASES
Balasore
Bolangir
Cuttack
Dhenkanal
Ganjam
Kalahandi
Keonjhar
Khurda
Koraput
Mayurbhanj
Phulbani
Puri
Sambalpur
Sundargarh
Total :
Bhadrak
Gajapati
Nayagarh
Bargarh
Jharsuguda
421
143
196
2693
622
1401
13
87
306
670
326
33
290
84
485
64
712
57
34
439
9076
347
120
124
3674
540
1684
11
97
316
663
333
13
393
53
702
23
764
26
38
779
10700
1090
--
666
2837
679
2244
--
215
510
1280
657
--
481
365
1826
--
1322
--
--
494
14666
336
168
282
914
530
551
50
184
307
386
530
35
273
335
366
75
592
88
52
512
6566
460
192
236
821
390
397
30
220
281
362
504
33
278
328
368
67
465
109
47
363
5951
Nabarangpur
1560
--
458
11784
1423
3701
--
288
977
3564
1050
--
914
218
4332
--
1308
--
--
2498
34075
Transferred Received Opening
Balance
as on
01.01.2011
Institution
during the
year
Disposed
of during
the year
Pendency
as on
31.12.2011
Transferred Received
--
539
--
--
--
--
68
--
--
--
--
192
--
--
--
250
--
334
149
--
1532
539
--
--
--
--
68
--
--
--
--
192
--
--
--
250
--
483
--
--
--
1532
--
229
--
--
--
--
93
--
--
--
--
184
--
--
--
532
--
327
286
--
1651
229
--
--
--
--
93
--
--
--
--
184
--
--
--
532
--
613
--
--
--
1651
1095
562
530
10803
1505
3350
70
278
967
3571
851
212
811
249
3865
291
773
365
145
2158
32451
737
205
712
2930
819
2305
113
179
536
1304
499
186
476
372
1292
540
836
306
291
643
15281
Court
News
14

Name of the
Judgeship
CRIMINAL APPEALS
Opening
Balance
as on
01.01.2011
Institution
during the
year
Disposed
of during
the year
Pendency
as on
31.12.2011
CRIMINAL REVISIONS
Balasore
Bolangir
Cuttack
Dhenkanal
Ganjam
Kalahandi
Keonjhar
Khurda
Koraput
Mayurbhanj
Phulbani
Puri
Sambalpur
Sundargarh
Total :
Bhadrak
Gajapati
Nayagarh
Bargarh
Jharsuguda
132
59
117
177
64
131
06
51
54
96
114
06
47
66
76
11
92
19
15
84
1417
64
62
70
103
59
137
01
44
38
71
200
08
76
78
39
20
81
04
07
102
1264
344
--
217
211
97
278
--
157
33
231
125
--
66
40
165
--
127
--
--
32
2123
48
27
86
140
69
99
10
37
11
111
84
11
50
44
58
15
80
36
13
51
1080
53
54
85
86
66
125
03
69
09
139
98
05
52
53
45
02
85
12
08
43
1092
Nabarangpur
595
--
472
489
186
391
--
353
236
327
327
--
139
82
368
--
170
--
--
117
4252
Transferred Received Opening
Balance
as on
01.01.2011
Institution
during the
year
Disposed
of during
the year
Pendency
as on
31.12.2011
Transferred Received
--
381
--
--
--
--
19
--
--
--
--
74
--
--
--
179
--
83
17
--
753
381
--
--
--
--
19
--
--
--
--
74
--
--
--
179
--
100
--
--
--
753
--
171
--
--
--
--
13
--
--
--
--
24
--
--
--
33
--
55
16
--
312
171
--
--
--
--
13
--
--
--
--
24
--
--
--
33
--
71
--
--
--
312
282
378
519
563
191
366
24
360
252
352
167
72
110
70
226
170
81
98
25
99
4405
168
144
218
265
100
239
20
125
35
203
87
30
64
31
145
46
51
79
21
40
2111
Court
News 15

Name of the
Judgeship
CRIMINAL MISC. CASES
Opening
Balance
as on
01.01.2011
Institution
during the
year
Disposed
of during
the year
Pendency
as on
31.12.2011
SPECIAL ACT CASES
Balasore
Bolangir
Cuttack
Dhenkanal
Ganjam
Kalahandi
Keonjhar
Khurda
Koraput
Mayurbhanj
Phulbani
Puri
Sambalpur
Sundargarh
Total :
Bhadrak
Gajapati
Nayagarh
Bargarh
Jharsuguda
1545
684
1300
3398
1736
3281
193
986
1379
2563
1530
88
1020
648
2105
340
1927
406
262
1752
27143
1566
678
1296
3137
1724
3293
187
983
1343
2550
1499
97
1019
652
2050
347
1898
419
266
1728
26732
564
--
219
332
359
300
--
356
88
371
286
--
91
39
280
--
266
--
--
46
3597
231
37
85
333
209
88
40
62
41
93
86
03
55
11
75
14
120
31
08
19
1641
91
34
60
98
80
54
01
50
06
79
82
05
57
25
50
16
40
16
06
22
872
Nabarangpur
70
--
28
144
28
114
--
17
44
50
49
--
25
15
78
--
46
--
--
51
759
Transferred Received Opening
Balance
as on
01.01.2011
Institution
during the
year
Disposed
of during
the year
Pendency
as on
31.12.2011
Transferred Received
--
23
--
--
--
--
03
--
--
--
--
30
--
--
--
56
--
26
12
--
150
23
--
--
--
--
03
--
--
--
--
30
--
--
--
56
--
38
--
--
--
150
--
136
--
--
--
--
46
--
--
--
--
94
--
--
--
107
--
116
78
--
577
136
--
--
--
--
46
--
--
--
--
94
--
--
--
107
--
194
--
--
--
577
26
29
32
405
40
99
09
20
80
63
50
21
26
11
77
49
37
13
08
75
1170
568
139
244
567
488
288
85
368
123
385
196
92
89
25
198
105
152
131
80
43
4366
Court
News
16

Court
News
17
Name of the
Judgeship
Balasore
Bhadrak
Bolangir
Cuttack
Dhenkanal
Ganjam
Gajapati
Kalahandi
Keonjhar
Khurda
Koraput
Nabarangpur
Mayurbhanj
Phulbani
Puri
Nayagarh
Sambalpur
Bargarh
Jharsuguda
Sundargarh
Total :
PREVENTION OF CORRUPTION ACT (Vig. + C.B.I.)
CRIMINAL CASES OF MAGISTERIAL COURTS
Opening
Balance
as on
01.01.2011
Institution
during the
year
Disposed
of during
the year
Transferred Received Opening
Pendency
as on
31.12.2011
Balance
as on
01.01.2011
Institution
during the
year
Transferred Received
Disposed
of during
the year
542 59 130 -- 38 433 65875 17469 24413 -- 18897
-- -- -- -- -- -- -- 4621 -- 24413 4431
123 13 -- -- 22 114 21368 9451 --
-- 8086
536 78 -- -- 52 562 182624 38126 --
-- 28700
-- -- -- -- -- -- 65090 23328 --
-- 11337
289 80 84 -- 23 262 54383 25546 7987 -- 29551
-- -- -- -- -- -- -- 2823 -- 7987 2400
-- 05 -- 92 14 83 36813 7882 --
-- 9105
-- 01 -- 130 04 127 21990 4305 --
-- 4053
838 82 -- -- 236 684 112308 22687 --
-- 19974
132 33 08 -- 21 136 72397 30331 23102 -- 19919
-- -- -- -- -- -- -- 3030 -- 23102 1225
-- -- -- -- -- -- 30432 6957 --
-- 5722
-- -- -- -- -- -- 15801 5658 --
-- 7754
-- -- -- -- -- -- 39321 9944 9833 -- 10300
-- -- -- -- -- -- -- 1793 -- 9833 1174
471 55 -- -- 23 503 85187 26927 54005 -- 29647
-- -- -- -- -- -- -- 6745 -- 17473 5749
-- -- -- -- -- -- -- 5149 -- 36532 2261
01 -- -- -- 01 -- 73225 13515 --
-- 13345
2932 406 222 222 434 2904 876814 266287 119340 119340 233630
TOTAL NO. OF CIVIL AND CRIMINAL CASES DURING THE PERIOD from 01.01.2011 to 31.12.2011
Opening Balance Institution Disposed of Pendency
CIVIL 206022 56446 48659 213809
CRIMINAL 905143 304540 269975 939708
Grand Total 1111165 360986 318634 1153517
Pendency
as on
31.12.2011
40034
24603
22733
192050
77081
42391
8410
35590
22242
115021
59707
24907
31667
13705
29132
10452
28462
18469
39420
73395
909471

18
Court
News
OUTLINES OF SOME RECENT ORISSA HIGH COURT JUDGEMENTS
SIBA BAGH & ANR. -V- STATE OF ORISSA.
JCRLA NO.233 OF 2000 (Dt. 17.10.2011)
A. EVIDENCE ACT, 1872 – S.27.
Leading to discovery – P.W.3 in his Examination-in-Chief stated that both the appellants while in
custody made discloser about the incident, led him as well as the other witnesses and the I.O. to the
spot and gave recovery of the stone stained with blood – Evidence of P.W.3 corroborates the evidence of
the I.O. (P.W.10) with regard to recording of the disclosure statement of the appellants and seizure of the
weapon of offence at their instance – Held, prosecution is able to establish the leading to discovery made
U/s.27 of the Act.
B. EVIDCENCE ACT, 1872 – S.134.
Evidence has to be weighed and not counted – P.W.1 is the sole eyewitness to the occurrence –
His evidence appears to be clear, cogent and trust worthy and there is nothing on record to the contrary
– Held, prosecution is able to establish beyond all reasonable doubt that both the appellants in furtherance
of their common intention have committed murder of the deceased.
(Pradip Mohanty, J & B.K.Patel, J.)
GOPINATH PANDA -V- M/S. MINERAL & METALS TRADING CORPN. OF INDIA LTD., BBSR.
W.P.(C) NO.2706 OF 2006 (D.19.10.2011)
INDUSTRIAL DISPUTES ACT, 1947 – S.25-B.
Continuous service of workman – The petitioner-workman was disengaged on 1.4.93 and the learned
Tribunal calculated the number of days he worked from that date backward till 1.4.92 and held that the
petitioner-workman did not work for 240 days in 12 calendar months preceding the date of his disengagement,
which is under challenge.
In this case even though the petitioner did not work for 240 days in twelve calendar months
immediately preceding the date of his termination, yet he has worked for more than 240 days in the year
1991, 1990 and 1989 as found from the evidence on record and as such he was deemed to be in
continuous service for one year in terms of Clause (1) of Section 25-B of the I. D. Act – Held, the order
of the learned Tribunal that the petitioner-workman has not worked for one year is illegal and the Opp.Party
management having not complied with the provision of Section 25-F of the I.D. Act before refusing work
to the petitioner-workman is illegal – Since the management no more require labourers, a lump sum
amount of Rs,2,00,000/- is awarded in favour of the petitioner-workman.
(R.N.Biswal, J.)
INDIAN COUNCIL OF AGRICULTURAL & RESEARCH -V-
P.O.,CGIT-CUM-LABOUR COURT, BBSR & ORS.
W.P.(C) NO.11451 OF 2005 (Dt. 19.10.2011)
INDUSTRIAL DISPUTES ACT, 1947 – S.2 (i).
Industry – Meaning of – An ‘industry’ can not exist without Co-operative endeavour between employer
and employee – No employer, no industry, no employee, no industry.

Court
News
19
Whether water Technology Centre for Eastern Region, Bhubaneswar (WTCER in short) an Unit
under the Indian Council of Agricultural Research (ICAR in short) is an industry – Besides undertaking
research work WTCER undertakes welfare activities and economic adventure – It has more than 1000
acres of land where it grows different variety of crops and vegetables by the help of workmen and sells
the same in the open market besides undertaking various project works which fulfils the triple test – Held,
WTCER is an ‘industry.’
(R.N.Biswal, J.)
SUBHASHREE DAS @ MILI PANDA & ORS. -V- STATE OF ORISSA.
CRLMC. NO.3080 OF 2010 (Dt. 19.10.2011)
UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 – S.45.
Sanction for prosecution – Offence under chapter IV and VI of the U.A.P. Act – Sanction obtained
– Validity – Magistrate took cognizance against the petitioners –Order of cognizance challenged.
In this case the State Government has not appointed an officer to act as an authority for conducting
an independent review of the evidence gathered in course of investigation and has not recommended
whether this case is a fit case for sanction or not as provided U/s.45 (2) of the U.A.P. Act which was
inserted with a view to avoid frivolous prosecution.
Held, the very foundation for obtaining sanction being not in consonance with law the impugned
order of cognizance against the petitioners, in the absence of valid sanction is liable to be quashed.
( Indrajit Mahanty, J.)
STATE OF ORISSA -V- PRAMOD KUMAR SAHU & ANR.
W.P.(C) NOS.4271 & 9251 OF 2007 (Dt. 20.10.2011)
ORISSA FOREST ACT, 1972 – S.56.
Confiscation proceeding – Authorized Officer confiscated the seized truck along with the wood and
planks – In appeal learned Addl. District Judge set aside the Order of confiscation – Hence the writ petition
filed by the state.
Power of confiscation should be passed by the Authorized Officer, not sitting as a forest official but
as an independent authority.
In the present case owner’s plea was that the seized truck was transporting disputed wood which
were dismantled parts of old wooden furnitures - The said plea was supported by the forester as well
as an independent witness – The authorized Officer failed to consider such evidence – Held, state is
unable to makeout any cogent ground for interference in the impugned order - Writ petition filed by the
state is liable to be dismissed.
(Pradip Mohanty, J & B.K.Patel, J.)
ASHWINI KUMAR NAIK -V- GOBARDHAN NAIK
W.P.(C) NO.6440 OF 2011 (Dt. 21.10.2011)
CIVIL PROCEDURE CODE, 1908 – ORDER 6, RULE 17.
Amendment of written statement incorporating counter claim – In the instant case suit between the
parties was decreed on compromise without trial and the decree being set aside in appeal the matter was

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remanded for hearing afresh – The amendment will not have the effect of prolongation of the trial or
complicating the otherwise smooth flow of proceedings forcing a retreat on the steps already taken by
the Court but on the other hand it would help avoid multiplicity of judicial proceedings facilitating all the
disputes between the parties being decided finally – Held, there is no illegality in the impugned order of
the trial Court in allowing the amendment of written statement introducing the counter claim.
(B.K.Nayak, J.)
M/S. VINAYAK AGRO INDUSTRY, RKL, BISRA -V-COMMISSIONER
OF COMMERCIAL TAXES, ORISSA & ORS.
W.P.(C) NO.25628 OF 2011 (Dt. 24.10.2011)
ORISSA VALUE ADDED TAX ACT, 2004 – S.74 (5).
Imposition of Penalty – Conditions – Only after giving the driver or the person-in-charge of the goods
a reasonable opportunity of being heard and holding such enquiry as may deem fit and further after being
satisfied that any of the two conditions i.e. violation of provisions or submission of false or forged
documents or way bills either covering entire goods or part of the goods carried in the vehicle, the
prescribed authority may impose penalty – Imposition of penalty can not be sustained unless it is clearly
shown that any of the conditions prescribed in Sub-Section (5) of Section 75 is satisfied – Held, such
power not to be exercised on suspicion or doubt – In case of imposition of penalty tax to be determined
first otherwise no penalty can be quantified.
(V.Gopala Gowda, C.J. & B.N.Mahapatra, J.)
PRASKA LAKU -V- STATE OF ORISSA.
JCRA. NO.70 OF 2000 (Dt.25.10.2011).
EVIDENCE ACT, 1872 – S.24.
Appellant not only made extrajudicial confession before P.Ws. 1 & 2 but also led to recover the
weapon of offence while in police custody – Held, prosecution has proved the allegation made against the
appellant through direct evidence of P.W.6 and circumstantial evidence of recovery of weapons of offence
at the instance of the appellant while in police custody.
( L.Mohapatra, J & B.K.Patel, J.)
MANORAMA NATH -V- UNION OF INDIA.
F.A.O. NO.427 OF 2006 (Dt.25.10.2011)
RAILWAYS ACT, 1989 – Ss.123 (c) (2), 124-A.
Untoward incident – Scope of – Husband of the appellant died due to electrocution having come
in contact with an electric pole inside the railway platform – Held, it can be construed to be an untoward
incident U/s. 123 ((c) (2) of the Railways Act, though technically the deceased did not meet his death
due to accidental falling from a train carrying passengers.
Held, impugned award passed by the learned Tribunal is set aside – Direction issued to the
respondent-railways to pay compensation of Rs.4,00,000/- as per the schedule in the Railway Accidents
and untoward incidents (Compensation) Rules, 1990.
(M.M.Das, J.)

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A. CHAIN PATRA & ANR.-V- UNION OF INDIA.
FAO NO. 138 OF 2009 (Dt. 27.10.2011)
RAILWAYS ACT, 1989 – S.123(c) (2), 124-A.
Compensation for untoward incident – Oral evidence given by appellant No.2 that he purchased a
ticket for his deceased brother for traveling in the train from Bhubaneswar to Berhampur and his brother
boarded the said train having not been controverted in any manner by the Railways, the learned Tribunal
has erred in law in disbelieving the said statement given on Oath – The above statement got corroboration
from the investigation report of the GRP produced before the Tribunal.
Held, the incident is clearly an untoward incident and the appellants-claimants are entitled to
compensation.
(M.M.Das, J.)
KISHORE BHOI -V- STATE OF ORISSA.
CRLREV NO.287 OF 2002 (Dt. 27.10.2011)
CRIMINAL PROCEDURE CODE, 1973 – S.154.
Delay in lodging F.I.R. – Offence U/s. 436 I.P.C – Five days delay remained unexplained – House
of P.W.1 is alleged to have burnt but F.I.R. is silent regarding her presence at the spot – P.W.2 the
informant deposed that she does not know how the house was burnt and she cannot say who set fire
to their house – Evidence of P.W.2 is not only inconsistent but also prevaricating – Both the Courts below
have failed to take note of such infirmities – Held, impugned judgments passed by the learned Courts
below are set aside.
(B.K.Patel, J.)
DEEPAK FERTILIZERS & PETROCHEMICALS CORPN. LTD. -V- PARADIP PORT TRUST.
W.P.(C ) NO.16172 OF 2008 (Dt. 29. 10. 2011)
CONSTITUTION OF INDIA, 1950 – ART.226.
Decision taken by an authority contrary to the judgment of a Court, under which the authority is
bound, is a nullity in the eye of law.
In this case PPT allotted Ac.39 acres of Port land in favour of the petitioner in a tender process
– Subsequently PPT passed a resolution and consequential order cancelling such allotment – Action
challenged in writ petition and direction issued to P.P.T. – P.P.T. has not passed the order in pursuance
of such direction – Held, impugned resolution and the consequential order are set aside – Direction issued
to P.P.T. to take a fresh decision in terms of the direction issued by this Court in the writ petition.
(B.P.Das, J & Sanju Panda, J.)
HIRAN RANA -V- STATE OF ORISSA
JCRA NO.188 OF 2000 (Dt.31.10.2011)
PENAL CODE, 1860 – S.84.
Plea of Insanity – Evidence of P.Ws.1,2,3 & 8 shows that some days prior to the occurrence and
on the date of occurrence the appellant had developed insanity and his behaviour was abnormal – After

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the occurrence he did not try to run away from the place or did not make any attempt to conceal the
weapon of offence – For the last 15 days he was neither taking food nor taking his sleep and his father
was suffering from insanity – Held, the appellant is entitled to the benefit U/s.84 IPC.
(L.Mohapatra, J & B.K.Patel, J.)
SIMANCHAL BEHERA @ KUNA @ ROWDY -V- STATE OF ORISSA.
CRLMC. NO.3673 OF 2011 (Dt. 31.10.2011)
A. JUVENILE JUSTICE (CARE & PROTECTION OF CHILDREN) ACT, 2000 – S.2(I).
“Juvenile in conflict with law” – A person who has not completed 18 years of age as on the date
of commission of the alleged offence, will be considered to be a juvenile in conflict with law.
B. JUVENILE JUSTICE (CARE & PROTECTION OF CHILDREN ) ACT, 2000) – S.7-A.
Claim of juvenility – Proviso to Section 7-A stipulates that a claim of juvenility may be raised before
any Court and it shall be recognized at any stage, even after final disposal of the case and such claim
shall be determined in terms of the provisions contained in the Act and the Rules made there under, even
if the juvenile has ceased to be so on or before the date of commencement of the Act.
C. JUVENILE JUSTICE (CARE & PROTECTION OF CHILDREN) RULES, RULE 12.
Rule 12 (3) stipulates the procedure to conduct the enquiry by the Court or the Board, Sub-rule (3)
(a) of Rule 12 further prescribes the nature of documents which can be taken as evidence for determination
of the date of birth – Sub-rule (3) (b) provides that in the absence of such evidence, the medical opinion
will be sought for from a duly constituted medical board which will declare the age of the juvenile or child
– In case the exact assessment of the age can not be done, the Court for the reasons to be recorded
by it may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower
aside within the margin of one year.
In this case the nature of evidence adduced by the petitioner does not come under Sub-rule (3) (a)
of Rule 12 – Held, it was incumbent upon the learned SDJM to send the petitioner for medical opinion
of a duly constituted medical board.
(M. M. Das, J.)
SK. SAMSUR & ORS. -V- STATE OF ORISSA & ORS.
W.P.(C) NO.8140 OF 2011 (Dt.01.11.2011)
WAKF ACT, 1995 – S.99.
Appointment of Administrator – It must be for a specific period of six months unless the same is
extended by the State Government U/s.99 (3) (a) of the Act after expiry of the initial period of six months.
There is no provision that the members of the Board which was constituted for a term of five years
shall continue till the election is held and new Board is reconstituted – So the State Government has
power to appoint an Administrator to the Wakf Board U/s. 99 (1) & (2) of the Act to see that the
administrator and functioning of the Board is carried on till the Board is reconstituted U/s. 13 & 14 of the
Act.
In the present case the appointment of Administrator is beyond the period of six months and there
is no order of extension after expiry of six months from the date of appointment – Held, impugned
notification appointing O.P.2 as Administrator is liable to be quashed.
( V.Gopala Gowda, CJ & B.N.Mahapatra, J.)

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ASHOK KUMAR MISHRA -V- STATE OF ORISSA & ORS.
W.P.(C) NO.18599 OF 2011 (Dt. 01.11.2011)
(A) EDUCATION – Admission to Ist year MBBS Course – Information Brochure published by Orissa
JEE 2011 – Clause-4.2 of the Information Brochure prescribed the lower age of 17 years and upper age
of 25 years – Petitioner’s application accepted and in the entrance test he became a rank holder in the
merit list but he was debarred to participate in the counselling as his age found to be more than 25
years – Hence the writ petition.
In order to maintain quality education MCI as well as the State Government can prescribe minimum
eligibility criteria for regulating admission to medical colleges.
In the present case although the MCI under its Regulation has not prescribed any upper age limit
of 25 years, the minimum eligibility criteria fixed by the Orissa JEE, 2011 under Clause 4.2 of the
Information brochure for regulating admission to MBBS course in the state cannot be said to impinge or
adversely affect the norms prescribed by the MCI – Held, no illegality can be said to have been committed
by the Orissa JEE in prescribing the upper age limit of 25 years as the minimum eligibility criteria for
admission to Ist year MBBS course and the impugned Clause 4.2 of the Information Brochure does not
suffer from any infirmity.
(B) EVIDENCE ACT, 1872– S.115.
Estopel – Petitioner at the time of filling up the application form for appearing in the Orissa JEE-
2011 was fully aware of the minimum eligibility criteria i.e the lower age of 17 years and the upper age
limit of 25 years prescribed under Clause 4.2 of the Information Brochure for admission to Ist year MBBS
Course – Wrongly allowing the petitioner to appear in the entrance examination, in spite of the fact that
he was over age, which is admittedly a mistake of fact, cannot give any legal right to the petitioner to
claim admission to the MBBS Course in violation of the norms prescribed – Held, the petitioner
can not be permitted to take the plea of estoppel and seek admission as of right.
(S.C.Parija, J.)
KUNI PALAI -V- SUB-COLLECTOR, PURI & ORS.
W.P.(C) NO.4715 OF 2010 (Dt.01.11.2011)
SERVICE – Anganwadi Worker – Applicant should be a resident of the village in which the Anganwadi
Centre was proposed to be established – In order to take advantage of being a resident of the Anganwadi
Centre area, the applicant must file a residential certificate along with her application on or before the last
date of submission of application.
In this Case last date of application was 26.11.2007 – O.P.3 applied for the post but has not
annexed the residential certificate - O.P.3 got married on 28.11.2007 and granted a residential certificate
on 30.11.2007 and she has submitted the certificate after expiry of last date of filing of the application
– Held, order of the Sub-Collector, Puri appointing O.P.3 as Anganwadi Worker is set aside and direction
issued to the C.D.P.O. for appointment of the petitioner.
( S.K.Mishra, J.)
BIRANCHI DEHURY -V- STATE OF ORISSA.
JCRLA NO.52 OF 2002 (Dt.02.11.2011)
PENAL CODE, 1860 – S.84.
Plea of insanity – Although such plea was not taken as a defence at the time of trial nor any
evidence led to substantiate such plea but relying on the evidence of the prosecution witnesses such plea
was developed and proved.

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P.W.3 stated in Cross-examination that for the last two years the appellant was behaving like a mad
person and he was being treated at Cuttack – He used to roam here and there – P.W.4 stated that while
they were working in the field the appellant came running towards Mamata and his sister in naked
condition without any weapon and while attempting to molest Mamata he was protested by the deceased
and at that moment the appellant suddenly picked up the “Kanka” left by P.W.7 and assaulted the
deceased who died on the spot and the appellant remained at the spot till witnesses arrived.
Held, such conduct of the appellant prior to, at the time of and after the occurrence, satisfied the
requirement that the appellant suffered from unsoundness of mind and the impugned judgment of conviction
and sentence can not be sustained.
(L.Mohapatra, J & B.K.Patel, J.)
RAJESWAR THAKUR-V- STATE OF ORISSA & ORS.
W.P.(C) NO.20623 OF 2011 (Dt. 04.11.2011)
TENDER – Three tenderers submitted their bids – All of them became successful in the technical
bid – In the financial bid although the petitioner offered a lowest bid instead of issuing work order in his
favour the tender call notice was cancelled to go for fresh tender with the same estimated cost – Action
challenged.
Project financed by the Central Government as a national importance which is to be completed by
the end of March, 2012 otherwise the State Government will have to bear the expenses of the project –
Cancellation of tender by the Government on the ground that land acquisition proceeding will take another
six to eight months to complete is not proper as Government could have invoked the power U/s. 17 of
the Land Acquisition Act and take possession of the land under the urgency provision –Moreover petitioner
under takes not to claim extra labour charges for the machineries for the delay in land acquisition – Held,
direction issued to the Opp.Parties to award the contract in favour of the petitioner by executing the
agreement and issuing work order.
( V.Gopala Gowda, CJ & B.N.Mahapatra, J.)
RANGADHAR BEHERA & ORS. -V- STATE OF ORISSA.
CRA. NO.223 OF 1998 (Dt.04.11.2011)
PENAL CODE, 1860 – S.34.
Appellants contend that there was no evidence to support the charge U/s.34 I.P.C. in the absence
of prior meeting of mind to assault the deceased or the appellants had decided to cause death of the
deceased at the spur of the moment.
In this case there is cogent evidence adduced by the prosecution through the mouths of P.Ws.1
& 2 being supported by the evidence of the Doctor P.W. 6, who conducted Post Mortem examination –
Held, the appellants had the common intention of assaulting and causing death of the deceased.
(L.Mohapatra, J & B.K.Patel, J.)
BRAJABANDHU ACHARYA & ANR.-V- STATE OF ORISSA.
CRA. NOS.53, 56 OF 1999 (Dt.04.11.2011)
PENAL CODE, 1860 – S.304-B.
Dowry death – The following are required to be proved to establish an offence U/s.304-B IPC.

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1. Death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal
circumstances within seven years of her marriage.
2. It is specifically shown that soon before her death, she was subjected to cruelty or harassment
by her husband or any relative of her husband in connection with any demand for dowry.
In this case this Court perused all the letters exchanged between two families but did not find
allegation with regard to demand of dowry in any of the letters – So although the first ingredient has been
proved by the prosecution that the death of the deceased occurred otherwise than under normal
circumstances within seven years of marriage, the second requirement has not been proved – Held,
prosecution failed to prove the charges levelled against the appellants and this Court set aside the
impugned judgment and acquit the appellants.
(L.Mohapatra, J & B.K.Patel, J.)
JATINDRA PRASAD DAS -V- STATE OF ORISSA & ORS.
W.P.(C) NO.21449 OF 2011 (Dt. 15.11.2011)
CONSTITUTION OF INDIA, 1950 – ART.311.
Seniority – Rule 17 of the Orissa Superior Judicial Service Rules, 1963 – Seniority to be counted
from the date of initial appointment and not from the date of confirmation.
Petitioner claims seniority over O.P.3 & 4 – Service rendered by the petitioner in the Fast Track
Court as Addl. Dist. Judge was not taken into consideration while fixing his seniority – Held, direction
issued to O.P.2 to treat the period of service rendered by the petitioner in the Fast Track Court for the
purpose of his seniority from the date of his appointment and refix his seniority in terms of the observation
made in the judgment.
(V.Gopala Gowda, CJ & H.S.Bhalla, J.)
BUDHUNI DEHURY & ANR. -V- STATE OF ORISSA.
JCRA. NO.70 & 71 OF 2001 (Dt.15.11.2011)
EVIDENCE ACT, 1872 – S.8.
Motive – Prosecution adduced direct evidence against the appellants for murder of the deceased
– Such evidence corroborated not only by unimpeachable medical evidence but also by the circumstance
of extra-judicial confession made by the appellants – Held, in this case absence of proof of motive is of
little relevance.
( L.Mohapatra, J & B.K.Patel, J.)
KANDA @ AJEN MURMU -V- STATE OF ORISSA.
JCRA. NO.99 OF 2001 (Dt.15.11.2011)
PENAL CODE, 1860 – S.304, PART-II.
Appellant shot two arrows from a distance in complete darkness – Eyewitnesses deposed that the
occurrence took place in a dark night – It can not be said that the appellant intended to cause injury on
any vital part of the body of the deceased though he had knowledge that the injuries that may be caused
by arrow may result in death – Held, conviction of the appellant U/s. 302 IPC is converted to Section 304
Part-II IPC.
(L.Mohapatra, J & B.K.Patel, J,)

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OCH & PFL ACT, 1972 – S.35 (2).
JOGENDRA JENA & ANR.-V- KRUSHNA JENA & ANR.
W.P.(C) NO.11415 OF 2010 (Dt.15.11.2011)
Transfer of land by O.P.1 on 6.9.1985 in favour of the petitioners – After 25 years O.P.1 filed petition
U/s.35 (2) of the OCH & PFL Act, 1972 before the Collector, Bhadrak for eviction of the petitioners –
Application allowed – Hence the writ petition.
The basic object of prohibition of transfer of a fragment of land in the Act is to prevent fragmentation
of consolidable lands, which is the main object of the Act – Such a prohibition of transfer is not intended
to protect any class of persons, which is considered to be incapable of taking care of their own property
– On the other hand law of limitation requires that the parties should be vigilant to protect their right and
that they should not sleep over the matter indefinitely – Held, since initial starting point of limitation shall
be the date of execution of the sale deed the petition filed by O.P.1 before the Collector is hopelessly
barred by limitation – Impugned order is quashed.
(S.K.Mishra, J.)
A. EVIDENCE ACT, 1872 – Ss. 27, 114-A.
HARI HARIJAN -V- STATE OF ORISSA.
CRLA NO.275 OF 2009 (Dt. 15.11.2011)
Disclosure statement of the appellant about recovery of gold ornaments – P.W.9 deposed that the
I.O. produced the seized gold ornaments before him on 4.3.2005 which he handed over to the Court Sub-
Inspector (CSI) around 11.30 AM to arrange for matching articles and the CSI returned him at 4 PM and
he conducted TI Parade of the ornaments after 4 PM – P.W.9 stated that the identifying witnesses were
in Court premises on 4.3.2005 around noon and the T.I. Parade of seized ornaments conducted after 4
PM so possibility of the identifying witnesses seeing the alleged stolen properties can not be ruled out
– Held, evidence of P.Ws.2,3 & 9 with regard to the identification of the stolen properties can not be
believed and recovery of gold ornaments pursuant to the disclosure statement of the present appellant and
the presumption which has been drawn U/s.114-A can not stand to judicial scrutiny.
B. EVIDENCE ACT, 1872 – S.9.
T.I. Parade – F.I.R. which was lodged immediately after the occurrence discloses that the dacoits
covered their faces with towel and muffler – So the evidence of P.Ws. 2 & 3 that they could see the dacoits
becomes a myth – Evidence of P.W.9, the Magistrate shows that he conducted T.I. Parade at Nawarangpur
Sub-Jail on 3.3.2005 where P.Ws. 2 & 3 identified the present appellant and another but in the other hand
evidence of P.W.2 discloses that much prior to T.I. Parade Trinath Amanatya and some other dacoits were
shown to her in the police lock up – Held, the T.I. Parade conducted by P.W.9 looses its significance
and evidentiary value - There is no direct evidence on record to show the involvement of the present
appellant in the dacoity allegedly committed in the house of P.W.1 on the night of 7.2.2005 – Held, the
appellant can not be held guilty U/s.395 I.P.C.
(B.K.Misra, J.)
M/S. PREM KUMAR & CO. -V-GENERAL MANAGER, BBSR & ORS.
W.P.(C) NOS.1993 & 1994 OF 2010 (Dt. 16.11.2010)
(A) ORISSA VALUE ADDED TAX ACT, 2004 – S.54.
Tax deduction at source – Not to be made from the payments made to “transport contractor”.

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(B) ORISSA VALUE ADDED TAX ACT, 2004 - S.2 (57)
The activities carried on by a “transporter” “Carrier” or “transporting agent” are different and distinct
from the activities carried on by a “works Contractor” – Ownership of the materials required to be
transported remains with the railways – At no point of time, such ownership is transferred or conferred
on the petitioner – Consequently the element of sale is absent in the present case.
(V.Gopala Gowda, CJ & B.N.Mahapatra, J.)
GOBIND CHANDRA ROUT & ORS. -V- STATE OF ORISSA & ORS.
W.P.(C) NO.16400 OF 2011 (Dt.16.11.2011)
CONSTITUTION OF INDIA, 1950 – ART.226.
Public Interest Litigation (PIL) – Main intention of PIL is to vindicate public interest and to help
the poor, ignorant and socially or economically disadvantaged persons whose fundamental and other rights
are affected and they are unable to seek legal redress – PIL can also be extended for air pollution and
sexual harassment cases.
In this case there was litigation between the petitioners and IDCO with G.A. Department for a piece
of land belonging to the G.A. Department and IDCO which was allotted in favour of O.P. 9,10 &13 – This
writ petition was filed by the petitioners to achieve what they could not do in the Civil Court – Held,
petitioners have not come up before this Court with clean hands and the action of the petitioners is a clear
abuse of the process of the Court for private gain – Neither the petitioners nor the interveners have locus
standi to challenge the allotment.
(B.P.Das, J. & S.K.Mishra, J.)
NIRANJAN BEHERA -V- STATE OF ORISSA & ANR.
CRL.REV. NO.76 OF 2011 (Dt 16.11.2011)
ESSENTIAL COMMODITIES ACT, 1955 – S.7.
Seizure of P.D.S. wheat – Police Officers not below the rank of Inspector have been authorized by
the Govt. to exercise the power like the Licensing Authority under Clause 23 of P. D.S. (Control) Order
2008 – S.I. of Police, Bhadrak (Rural) P.S. who searched and seized the truck and the P.D.S. wheat being
below the rank of Inspector had no authority to do so – Held, the seizure being illegal, the order of
cognizance taken under Section 7 of the E.C. Act can not stand the scrutiny of law.
(R.N.Biswal, J. )
BIJAYA KUMAR SAHOO -V- STATE OF ORISSA.
WPCRL. NO.1081 OF 2001 (Dt. 16.11.2011).
PREVENTION OF CORRUPTION ACT, 1988 – S.5 (6).
Conviction of the petitioner U/s. 13 (2) and 13(1) (e) P.C. Act by the Special Judge (Vig.), Bhubaneswar
– Petitioner filed appeal in this Court which is subjudice – Inspector Vigilance filed petition U/s.3 of the
Criminal Law (Amendment) Ordinance 1944 before the Special Judge which was registered as Misc. Case
No.3 of 2011 to attach the property of the petitioners till disposal of the appeal – Learned Special Judge
(Vigilance) issued notice to the petitioner and his wife to file show cause – Hence this writ petition to
quash the entire proceeding in M.C. No.3 of 2011.
Section 5 (6) of the P.C. Act lays down that the Special Judge (Vigilance) while trying an offence
punishable under the P.C. Act shall exercise all the powers and functions exercisable by a District Judge

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under the Ordinance, 1944 – In the present case after pronouncement of the judgment learned Special
Judge (Vigilance) became functus officio and as such can not deal with the petition filed U/s. 3 of the
Ordinance, 1944 – Held, entire proceeding in Misc. Case No.3 of 2011 before the learned Special Judge
(Vigilance) Bhubaneswar is quashed.
(R.N.Biswal, J.)
ATMARAM SAHU & ANR. -V- STATE OF ORISSA.
CRLA.307/2004, GCRLA 35/07 & CRLREV. NO.543 OF 2007 (Dt. 18.11.2011)
(A) PENAL CODE, 1860 – S.304-B.
Cruelty or harassment conceived of in Section 304-B could be not only by the husband of the
deceased but also by any relative of the husband.
In the present case there is no evidence regarding any demand of dowry or harassment by accused
Atmaram, husband of the deceased but the demand of dowry made by the father of Atmaram – Held,
accused Atmaram is guilty of an offence U/s.304-B I.P.C.
(B) INDIAN PENAL CODE, 1860 – S.304-B
Dowry death – The term “soon before” in Section 304-B I.P.C. has not been statutorily designed
and it would depend upon the circumstances of each case and no strait-jacket formula has been laid down
as to what would constitute a period “soon before” the occurrence – Held, there must be existence of a
“Proximate and live link” between the effect of cruelty based on dowry demand and concerned death.
(C) CRIMINAL TRIAL –
Trial Court held the death was homicidal and not due to suicidal hanging on the ground that the
deceased being a literate person should have left behind a fare well note ascribing reasons for taking such
extreme step and why the deceased did not commit suicide by jumping into the well located near the
bath room which are purely presumptive in nature and based on conjecture and surmises – In the other
hand the evidence of the I.O. coupled with the seizure of steel pipe and a saree allegedly used in course
of suicidal hanging clearly establish that the death of the deceased was not homicidal but due to
antemortem hanging – Held, no amount of hypothesis or guess work is permissible in course of a
Criminal trial – Appellant-Atmaram is acquitted of the offence U/s.302 I.P.C.
(Indrajit Mahanty, J & H.S.Bhalla, J.)
MATANGINI ROUT @ GIRI -V- STATE OF ORISSA & ORS.
W.P.(C) NO. 8277 OF 2010 (Dt.18.11. 2011)
EDUCATION – Anganwadi worker – Minimum qualification is matriculation from Board of Secondary
Education (B.S.E) Orissa – Petitioner claims that she passed “Prathama” from Hindi Sahitya Sammelan
Allahabad which is equivalent to Matriculation – B.S.E., Orissa did not declare “Prathama” as equivalent
to matriculation – Government letter Dt.8.9.1994 with reference to letter No.2318 EYS Dt.23.2.1981
declaring Prathama as equivalent to matriculation are declared to be fake and forged papers.
Held, ‘Prathama’ qualification from Hindi Sahitya Sammelan Allahabad is not equivalent to matriculation
from Board of Secondary Education, Orissa.
(Aruna Suresh, J.)
XAVIER’S INSTITUTE OF MANAGEMENT -V- STATE OF ORISSA & ORS.
W.P.(C) NO.2467 OF 2011 (Dt. 24.11.2011).
A. INCOME TAX ACT, 1961 - S.10 (23-C) (vi).
The word “solely” means exclusively – The expression “solely” makes it clear that only the income

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of the institution established solely for educational purposes and not for commercial activities is entitled
for exemption – In deciding the character of the recipient of the income, it is necessary to consider the
nature of the activities undertaken – If the activity has no co-relation to education, exemption has to be
denied – The recipient of the income must have the character of an educational institution to be ascertained
from its objects.
B. INCOME TAX ACT, 1961 – S.10 (23-C) (vi).
In order to be eligible for exemption U/s.10 (23 C) (vi) of the I. T. Act, the following conditions are
to be satisfied –
(i) there must be an educational institution,
(ii) such University or other educational institution must exist solely for educational purposes,
(iii) it should not exist for the purposes of profit and
(iv) approval by the prescribed authority.
(V.Gopala Gowda, CJ & B.N.Mahapatra, J.)
STATE OF ORISSA -V- TARUN KHAMARI
W.P.(C) NO. 7611 OF 2007 (Dt. 24.11.2011)
ORISSA FOREST ACT, 1972 – S.56(2-c).
When owner of the vehicle proves to the satisfaction of the Authorized Officer that the vehicle was
used without his knowledge or connivance or knowledge of his agent and he had taken all reasonable and
necessary precaution against such illegal use the Authorized Officer may not pass the order of confiscation.
In the present case the owner had no knowledge about the use of the vehicle for commission of
the forest offence and the driver being the agent of the owner had not loaded the wooden planks on the
vehicle deliberately but he was forced to do so under threat – Moreover had the driver been involved in
commission of the forest offence, he would not have intentionally dashed the vehicle against a tree to stop
the vehicle – Held, no justification to interfere with the appellate order setting aside the order of confiscation
passed by the Authorized Officer.
( L.Mohapatra, J & B.K.Patel, J.)
SUKANTA KUMAR JENA -V- STATE OF ORISSA & ANR.
W.P.(C) NO.405 OF 2006 (Dt.24.11.2011)
ORISSA FOREST (DETECTION, ENQUIRY & DISPOSAL OF FOREST OFFENCE)
RULES, 1980 – RULE 4.
Vehicle seized while carrying Sal & Kurum planks – Confiscation of the vehicle and the planks
U/s. 56 of the Orissa Forest Act.
Rule-4 of 1980 Rules mandates that the inquiry into the forest offence shall be held by an officer
not below the rank of a Range officer.
In this case nothing has been placed before the Authorized Officer to show that an officer in the
rank of Range officer had conducted any inquiry – Non compliance of the statutory requirement –Held,
Order for confiscation of the vehicle is set aside and on production of documents relating to procurement
of seized timber the Authorized officer may release the seized timer along with the vehicle in favour of
the petitioner.
( L.Mohapatra, J & B.K.Patel, J.)

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SUKANTI PATTNAIK -V- SAILENDRA NARAYAN SINGH & ORS.
W.P. (C) NO.26831 OF 2011 (Dt. 24.11.2011)
A. CIVIL PROCEDURE CODE, 1908 – ORDER 6, RULE 17.
Amendment of plaint – Suit pending for more than 32 years – Evidence not yet adduced in the suit
– After Hal settlement and publication of Hal record of right petition for amendment was filed to incorporate
them in the description of the property of the plaint –If the amendment will be allowed it will not change
the nature and character of the suit rather it will facilitate the Court to arrive at a just decision in the case
– Held, application for amendment is allowed subject to payment of cost of Rs.10,000/- to the Opp.Parties.
B. CIVIL PROCEDURE CODE, 1908 – ORDER 6, RULE 17.
Amendment of pleadings – While dealing with an application under Order 6 Rule 17 C.P.C. the Court
has to bear in mind the following points namely :-
(i) Whether the amendment sought is imperative for proper and effective adjudication of the case ?
(ii) Whether the application for amendment is bona fide or mala fide ?
(iii) The amendment should not cause such prejudice to the other side which can not be compensated
adequately in terms of money;
(iv) Refusing amendment would in fact lead to injustice or lead to multiple litigation;
(v) Whether the proposed amendment constitutionally or fundamentally changes the nature and
character of the case ? and
As a general rule, the court should decline amendments if a fresh suit on the amended claims would
be barred by limitation on the date of application.
(B.K.Misra, J.)
APARUP MOHAN DAS (DEAD) & AFTER HIM SURANDAN DAS & ORS. -V-
STATE OF ORISSA & ORS.
W.P.(C) NO.189 OF 2002 (Dt. 25.11.2011)
CONSTITUTION OF INDIA, 1950 – ART. 311.
Compulsory retirement – Petitioner has not been communicated with any adverse remark – C.C.R.
records produced before the Court shows that the petitioner had been awarded with good and very good
remarks – The impugned order based upon the decision of the Review Committee and the material
particulars basing upon which they came to a conclusion that the petitioner’s integrity is doubtful – Report
of the review committee is an out come of non-application of mind as well as want of material particulars
– Held, impugned order is quashed - Petitioner is entitled to get all arrear salary from the date of such
order till he would have retired on superannuation - Since the petitioner died during the pendency of the
writ petition the arrear-dues be paid to his legal heirs.
(B.P.Das, J & S.K.Mishra, J.)
CHOUDHURY JIBITESH PRADHAN & ORS. -V-COUNCIL OF
HIGHER SECONDARY EDUCATION, ORISSA & ANR.
W.P.(C) NO.18042 OF 2011 (Dt. 25.11.2011)
EXAMINATION – Mass malpractice – Special report submitted by Flying Squad that all the staff
including the Centre Superintendent were involved in aiding and assisting the students in resorting to
malpractice and the situation in the College campus was chaotic – C.H.S.E. issued notification of

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18.05.2011 cancelling the Ist sitting examination in English held on 15.03.2011 in Panchayat Samiti
College, Saharapada by awarding ‘O’ marks – Action challenged.
This Court is conscious of the deterioration in the standard of discipline of academic institutions
and did not like to substitute its own opinion in place of the opinion expressed by the authorities cancelling
the whole examination, even at the cost of sufferings of a few in the larger interest of the society.
Held, there is no illegality or impropriety in the decision of the C.H.S.E. in issuing the impugned
notification Dt.18.5.2011.
(S.C.Parija, J.)
NAGESH KHILLO -V- STATE OF ORISSA
JCRA NO. 96 OF 2001 (Dt.29.11.2011).
PENAL CODE, 1860 – S.84.
Appellant in his statement recorded U/s. 313 Cr.P.C. had taken a plea that he had become
temporarily insane at the time of occurrence – No evidence led on behalf of the appellant in support of
such plea – Appellant though examined himself as defence witness there was nothing to suggest from
his deposition that he was temporarily insane at the time of occurrence – Except suggestions made to
some villagers in their Cross-examination there is no other evidence on the basis of which it can be held
that the appellant was temporarily insane at the time of occurrence – Held, plea of the appellant that he
was temporarily insane is not accepted.
(L.Mohapatra, J & B.K.Patel, J.)
BIMAVIHAR DUPLEX HOUSE OWNERS’ WELFARE SOCIETY -V-CHAIRMAN, LIC. LTD. & ORS.
W.P.(C) NO.882 OF 2009 (Dt.30.11.2011)
LEASE – Land belongs to Revenue Department who leased out the same in favour of C.D.A. –
C.D.A. in turn leased out the said land in favour of LIC for construction of Duplex Houses for the policy
holders – LIC allotted the said land to the policy holders and issued notice to execute sub lease deed
– Clause 6 of the Sub-lease puts restriction for the purchasers to sub let – Hence this writ petition filed
by the members of the petitioner society challenging the above clause as arbitrary.
In this writ petition purchasers of the buildings or allottees of the plots become the ultimate
individual allottees and they acquire a heritable and transferable right – The individual allottee of the land
or allottees of the building directly made by the C.D.A. or through LIC can mortgage or transfer their
property subject to permission of CDA - Held, there shall not be any restriction to let out the building
in question on rent for the purpose for which it is constructed and the lease has been granted – Moreover
right of renewal of the property always remains with the allottee and the lease holder, but the lessees have
to pay the fees as applicable to them for the land only.
(B.P.Das, J & B.K.Nayak, J.)
MANOJ KUMAR PATI -V- STATE BANK OF INDIA & ORS.
O.J.C. NO.12217 OF 2001 (Dt.01.12.2011)
SERVICE LAW – General principle regarding resignation is that in the absence of a legal, contractual
or constitutional bar a prospective resignation can be with drawn at any time before it becomes effective.

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In this case the petitioner was promoted to officer’s grade on 28.08.1998 w.e.f. 01.08.1997 – He
made a representation on 07.101998 to forgo promotion – Though on record the Bank might have taken
a decision to accept the representation Dt.07.10.1998 it was never communicated to the petitioner
although the petitioner joined the promotional post on 18.01.1999 and continued to receive salary in this
promotional post till he was reverted to the post of Head Assistant in April 1999.
Held, direction issued to the Bank to permit the petitioner to continue in the promotional post from
the date he was reverted to the post of Head Assistant.
(L.Mohapatra, J & B.K.Misra, J.)
M/S. BHUSHAN POWER & STEEL LTD.-V- STATE OF ORISSA & ORS.
W.P.(C) NO.27427 OF 2011 (Dt. 02.12.2011)
A. ORISSA VAT ACT, 2004 – S.42.
Audit assessment – Rule 12 (3) of the C.S.T. (O) Rules 1957 – Audit assessment has to be
completed on the basis of the materials available in the audit visit report – The assessing authority can
not travel beyond the materials available in the audit report – Utilization of any other materials from any
other sources in audit assessment is completely foreign to audit assessment.
B. ORISSA VAT ACT, 2004 –Ss. 42,43.
Audit assessment under Rule 12 (3) of C.S.T. (O) Rules read with Section 42 of OVAT Act and
escaped assessment under Rule 12 (4) of the C.S.T. (O) Rules read with Section 43 of OVAT Act are
separate and distinct – In the Case of audit assessment the maximum period of limitation is one year
but in the Case of assessment of turn over escaping assessment the period of limitation is 5 years – held,
the period of 5 years as provided under the statute for completing assessment of escaped turn over can
not be restricted to one year as provided in Case of audit assessment.
C. PRINCIPLES OF NATURAL JUSTICE –
Copy of the report – The assessee/dealer has a right to receive a copy of the report submitted
against him – He has also a right to avail a fair opportunity to meet, explain and controvert such allegation
before he is condemned.
D. CENTRAL SALES TAX ACT, 1956 – S.6 (2).
While examining the transaction of stock transfer, the Assessing authority is required to examine
each and every transaction to find out the genuineness of the claim.
(V.Gopala Gowda, CJ & B.N.Mahapatra, J.)
KALANDI RANA -V- SRI SRI BIRAJA THAKURANI, JAJPUR.
W.P.(C) NO.25961 OF 2011 (Dt 02.12.2011)
CIVIL PROCEDURE CODE, 1908 – ORDER 6, RULE 17.
Amendment of written statement at appellate stage – Defendant seeks to introduce new facts
through the proposed amendment of his pleadings which is entirely inconsistent with the written statement
he filed in the Court below and if the proposed amendment would be allowed virtually, it will introduce new
facts and would change the nature and character of the pleadings – Held, there is no illegality in the
impugned order rejecting the prayer for amendment of the written statement.
(B.K.Misra, J.)

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JUGAL KISHORE NAYAK -V- STATE OF ORISSA & ORS.
W.P.(C) NO.1065 OF 2009 (Dt. 06.12.2011).
Service – Regularization – Petitioner was working as N.M.R. Store Assistant – His prayer for
regularization was rejected although services of his juniors have been regularized – Petitioner fulfills all
the criteria and conditions for the purpose – Although the petitioner was discharging the duty of a Store
Assistant it can not be said that he ceases to be an NMR – Plea of the state that it had already prepared
a scheme for absorption for daily wagers, NMRs and work-charge employees – Held, since the scheme
covers the NMR employees including the present petitioner the impugned order passed by the Tribunal
is set aside – Direction issued to the State Govt. to regularize the service of the petitioner placing him
above his juniors.
(B.P.Das, J & B.K.Nayak, J.)
RAJU @ RAJENDRA KUMAR SAHU -V- STATE OF ORISSA.
JCRA. NO.47 0F 2002 (Dt.07.12.2011)
PENAL CODE, 1860 – S.302, 304-I.
Evidence of P.W.4 shows that there was a quarrel between the appellant and the deceased in the
morning, in the afternoon and again at 9 P.M. and the deceased abused the appellant at random –
Thereafter the appellant ran towards the deceased with a knife and stabbed him – Provocation started from
the side of the deceased for which the appellant lost the power of self control and stabbed the deceased.
Held, this is a fit case where Exception-1 of Section 300 I.P.C. should apply and the appellant
should have been convicted for commission of offence U/s. 304 Part-I I.P.C. instead of the offence U/s.302
I.P.C.
(L.Mohapatra, J & B.K.Patel, J.)
TULSI PRASAD AGARWALA -V- NARAYAN DAS & ANR.
M.A. NO. 698 OF 2000 (Dt.9.12.2011)
MOTOR VEHICLE ACT, 1988 – S.166.
Compensation – Injured claimant – Tribunal should not have brushed aside that the claimant is an
Income Tax assessee – Tribunal should have taken into consideration the income of the injured while
assessing the quantum of compensation – Tribunal should not have refused claim towards attendant
charges – Held, compensation be awarded to the claimant towards shortening of leg, conveyance,
attendant charges, medical expenses, loss of amenity, loss of earning capacity and physiotherapy expenses.
(V. Gopala Gowda, CJ.)
AMIT TOPPO -V- NONE
F.A.O. NO.184 OF 2011 (Dt. 12.12.2011)
NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY,
MENTAL RETARDATION & MULTIPLE DISABILITIES ACT, 1999 – S.14.
A parent of a person with disability or his relative may make an application u/s.14 of the 1999 Act
for appointment of any person of his choice to act as a guardian of the person with disability.

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In the present Case one Deepak Toppo is a mentally ill person – Both of his parents expired – He
is maintained under the Care and Custody of the appellant – The appellant filed an application U/ss 52
& 53 of the Mental Heath Act, 1987 for being appointed as guardian of the person and property of the
said Deepak Toppo – The said application was dismissed by the learned Civil Judge (Sr.Divn.) Rourkala
– Hence this appeal.
Held, learned Civil Judge (Sr.Divn.) has rightly dismissed the application filed under the Mental
Health Act, 1987 – Liberty granted by this Court to the appellant to file appropriate application u/s.14 of
the 1999 Act.
(M.M.Das, J.)
ORISSA RURAL HOUSING DEVELOPMENT CORPN. LTD. -V-THE ASST. COMMNR.
OF INCOME TAX, BBSR.
W.P.(C) NO.4554 OF 2011 (Dt.15.12.2011)
A. INCOME TAX DACT, 1961 – S.139 (5).
Revised return – An assessee has a right to file revised return to correct bonafide mistake, omission
or wrong statement in the original return – Held, Assessing Officer has no power to entertain fresh claim
after filing of original return except a revised return.
B. INCOME TAX ACT, 1961 – S. 139 (5).
Distinction between revised return and correction in the originally filed return – If an assessee files
an application for correcting a return already filed or for making some amendments there in it would not
certainly mean that he has filed a revised return.
C. INCOME TAX ACT, 1961 – S.142 (1), 143(2).
Purpose of service of notices U/s.142 (1) and 143 (2) is different – Nothing to say that the notice
U/s.142(1) should precede notice U/s.143(2) so far as production of documents/accounts is concerned.
D. INCOME TAX ACT, 1961 – S. 264.
Section 264 of the I T. Act is an alternative/Additional remedy available to the petitioner-assessee
who does not want to avail remedy by way of appeal.
E. CONSTITUTION OF INDIA, 1950 – ART.226, 227.
Grant of return can be allowed by an order under the statute but not in exercise of power under
Article 226 and 227 of the Constitution of India.
F. INTERPRETATION OF STATUTE – Conflict between two Central statute, Viz, Income Tax Act, 1961
and National Housing Bank Act, 1987 – No provision in the later Act giving overriding effect over the Income
Tax Act.
(V.Gopala Gowda, CJ, & B.N.Mahapatra, J.)
KSHNAPRAVA MOHANTY -V- STATE OF ORISSA & ORS.
W.P.(C) NO.9704 OF 2005 (Dt. 16.12.2011)
A. CONSTITUTION OF INDIA, 1950 – ART. 311.
Removal from service – Grievance of the petitioner is that she was not given opportunity of being
heard in the disciplinary proceeding – Opp.Party No.5 relies upon reports of its employees to prove that
notices were tendered to the petitioner who denies such assertion – Institution ought to have acted in a

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transparent manner – In Case petitioner refused to receive notices, those notices should have been sent
to her by registered post and basing on its own employees O.P.5 cannot urge that the petitioner was given
opportunity to submit her explanation and to participate in the proceeding.
B. CONSTITUTION OF INDIA, 1950 – ART. 226, 227.
Private educational institution receiving grant-in-aid and performing public duty by imparting education
is amenable to writ jurisdiction of this Court.
C. ORISSA EDUCATION ACT, 1969 – S.10-A.
Services of a teacher and other members of staff of an aided Educational Institution shall not be
terminated without prior approval of the competent authority in writing.
In the present case no prior approval of the competent authority has been obtained for removal of
the petitioner from service which is mandatory in nature – Held, order of removal is liable to be quashed.
(L.Mohapatra, J. & B.K.Patel, J.)
PRATIMA KUMARI DAS & ORS. -V- LAXMI KANTA SABAT & ANR.
MACA NO.247 OF 2010 (Dt. 16.12.2011)
MOTOR VEHICLES ACT, 1988 – S.168.
Compensation – Death of husband at the age of 57 years while working as progressive Assistant
in the office of the B.D.O. Chikiti - Tribunal determined compensation by applying 9 multiplier and
deducted 50% on the ground that his wife is getting family pension and his sons are earning by doing
business – Held, deduction of compensation by 50% by the Tribunal is not legally sustainable – Appellants
are entitled to get full compensation.
(B.N.Mahapatra, J.)
RATNAMANJARI SWAIN-V- RITANJALI PATTANAIK & ANR.
W.P.(C) NO.7377 OF 2010 (Dt. 16.12.2011)
ORISSA CONSOLIDATION OF HOLDINGS & PREVENTION OF
FRAGMENTATION OF LAND ACT, 1972 – S.4 (4).
Consolidation operation still in force in the suit village – No notification for closure of the consolidation
operation U/s.41 (1) of the Act – Learned Trial Court rightly held that in view of the amendment in
Consolidation Act even a piece of home stead land comes within the purview of the consolidation operation
– Held, plaintiff’s suit is not maintainable in the Civil Court being hit U/s.4 (4) of the Act.
(C.R.Dash, J.)
BAINSI MOHAKUD -V- STATE OF ORISSA.
JCRLA. NO. 103 OF 2004 (Dt.19.12.2011)
EVIDENCE ACT, 1872 – S.27.
Appellant alleged to have caused murder of two persons by means of a crowbar – None of the
witnesses deposed that the Crowbar (M.O.I) was discovered at the in stance of the appellant – P.W.7
stated that having seen the police he went to the house of the appellant and found the dead bodies lying
in the house with bleeding injuries and a blood stained crowbar – P.Ws.4 & 5 stated that the crowbar

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(M.O.I) was affixed to the roof of the house – So the alleged weapon of offence (M.O.I.) was not discovered
at the instance of the appellant – Held, the crowbar (M.O.I) having not been proved to have been
discovered in consequence of information received from the appellant while in police custody, prosecution
is not entitled to avail any benefit U/s.27 of the Evidence Act and in that view of the matter there is no
legal evidence on record to sustain the conviction of the appellant and as such the impugned judgment
is liable to be set aside.
(L.Mohapatra, J & B.K.Patel, J.)
RANJITA KAHALI & ORS. -V- STATE OF ORISSA & ORS.
W.P.(C) NO.23504 OF 2011 (With Batch) (Dt. 21.12.2011)
A. CONSTITUTION OF IDNIA, 1950 – ART.226, 227.
Vires of Orissa Co-operative Societies (Amendment) Act, 2011, specifically Sub-Section 2 (g) (i) and
2 (g) (ii) of Section 28 challenged.
The Court can declare a statute to be unconstitutional on the ground of lack of legislative competence
and violation of any of the fundamental rights guaranteed in part-III of the constitution or any other
constitutional provision – The Act can not be held to be invalid on the ground that it breaches the right
of a class of person or individuals which has been conferred by a statute.
In the present case the object of the Act is to increase the representation of the weaker section
of the society namely, Scheduled Castes, Scheduled Tribes and other backward classes and the Act does
not violate any of the provisions of the constitution more fully part-III of the Constitution of India.
Held, the Amendment Act is intravires but the action of O.P.2 by nominating committees of the Cooperative
Societies are declared to be unsustainable – The last elected members shall officiate as office
bearers and Directors of the Co-operative Societies and they shall continue to function as care taker
committee till the next election but their power shall be restricted to the extent that they can not take
any major policy decision but can induct new members without prior approval of the Registrar.
B. ORISSA CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2011.
Sub-section 2(g)(i) and 2 (g) (ii) of Section 28 of the Orissa Co-operative Societies (Amendment)
Act, 2011 – Vires of the Act challenged – Act does not violate any of the provisions of the constitution
more fully Part-III of the Constitution of India – Held, the Amendment Act is held to be intravires and do
not violate any of the provisions of the Constitution of India.
(B.P. Das, J & S.K.Mishra, J.)
HON’BLE CHIEF JUSTICE & HON’BLE JUDGES OF ORISSA HIGH COURT
PARTICIPATING PROGRAMMES/ COURSES
AT THE N.J.A., BHOPAL AND OTHER PLACES
Sl. No.
Names of the Hon’ble Judges
Period
Topics
1. Hon’ble Shri Justice
S.K.Mishra
5.11.2011
&
6.11.2011
Participated in the National Conference of
High Court Justices on ‘Law and Social
Change’ at NJA, Bhopal

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MAJOR EVENTS
1. Workshop on “Protection of Child Rights & ICPS” at Bhawanipatna.
A Regional Workshop on “Protection of Child Rights and Integrated Child Protection Scheme (ICPS) was
organised by OSLSA in association with W & CD Deptt., Govt. of Odisha on 15.10.2011 at Bhawanipatna.
The said Workshop was inaugurated by Hon’ble Mr.Justice Altamas Kabir, Judge, Supreme Court of India
& Executive Chairman, National Legal Services Authority in the august presence of Mr.Naveen Patnaik,
Hon’ble Chief Minister, Odisha as the Chief Guest, Hon’ble Mr.Justice V.Gopala Gowda, Chief Justice,
Orissa High Court & Patron-in-Chief, OSLSA, Hon’ble Mr.Justice B.P.Das, Judge, Orissa High Court &
Executive Chairman, OSLSA, Hon’ble Mr.Justice C.R.Dash, Judge, Orissa High Court, and Smt.Saraswati
Hembrum, Chairperson, State Commission for Protection of Child Rights.
2. Inauguration of the Court of District & Sessions Judge at Nabarangpur.
The Court of District & Sessions Judge at Nabarangpur was inaugurated by Hon’ble Shri Justice V.Gopala
Gowda, Chief Justice of Orissa High Court on 22.10.2011 in presence of Hon’ble Shri Justice B.N.Mahapatra,
Judge, Orissa High Court.
3. Opening of New Court Building at Rairangpur
The New Court Building at Rairangpur was inaugurated by Hon’ble Shri Justice V.Gopala Gowda, Chief
Justice of Orissa High Court on 12.11.2011 in august presence of Hon’ble Shri Justice B.P.Das and Hon’ble
Shri Justice S.K.Mishra, Judges of Orissa High Court.
4. Inauguration of Gram Nyayalaya at Rajnagar and Court of J.M.F.C. at Aul.
Gram Nyayalaya at Rajnagar and Court of J.M.F.C. at Aul was inaugurated by Hon’ble Shri Justice
V.Gopala Gowda, Chief Justice of Orissa High Court on 8.11.2011 in august presence of Hon’ble Shri
Justice B.P.Das Judge, Orissa High Court.
5. Silver Jubilee Celebration of C.A.T., Cuttack Bench.
Silver Jubilee Celebration of Central Administrative Tribunal was Inaugurated by Hon’ble Shri Justice Altamas
Kabir, Judge, Supreme Court of India on 11.12.2011 in auguest presence of Hon’ble Shri Justice A.K.Ganguly,
Hon’ble Shri Justice A.K. Patnaik, Hon’ble Shri Justice Dipak Misra, Judges of Supreme Court of India,
Hon’ble Shri Justice V.Gopala Gowda, Chief Justice, Orissa High Court, Hon’ble Shri Justice B.P.Das,
Judge, Orissa High Court, Hon’ble Shri Justice V.K.Bali, Chairman, C.A.T., Shri Ashok Parija, Chairman,
Bar Council of India, Shri C.R.Mohapatra, Hon’ble Member (Admn.), C.A.T., Shri P.H. Parekh, President,
Supreme Court Bar Association and Shri D.K. Behera, Secretary, C.A.T. Bar Association.
6. Golden Jubilee Celebration of Odisha State Bar Council
Odisha State Bar Council celebrates its Golden Jubilee on 5th & 6th November, 2011 at Saheed Bhawan,
Cuttack. On the auspicious occasion, Hon’ble Shri Justice Altamas Kabir, Judge, Supreme Court of India
inaugurated the programme in august presence of the Chief Guest Shri Naveen Patnaik, Hon’ble Chief
Minister of Odisha, Dr. M.Veerappa Moily, Hon’ble Union Minister, Corporate Affiars, Hon’ble Shri Justice
A.K.Patnaik, Hon’ble Shri Justice Dipak Misra, Judges of Supreme Court of India, Hon’ble Shri Justice
V.Gopala Gowda, Chief Justice, Orissa High Court, Shri Ashok K.Parija, Chairman, Bar Council of India,
Shri Asok Mohanty, Advocate General, Odisha, Shri Jagannath Patnaik, Senior Advocate, Shri Gopal

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Krushna Mohanty, Chairman, Odisha State Bar Council and Shri Ramakanta Sahoo, Vice-Chairman,
Odisha State Bar Council.
During the two days celebration, discussions in great details were made on the following topics :
(i) Need of Legal Reforms; the Role of Lawyers to uphold the Rule of Law.
(ii) Access to Justice and Constitutional Safeguards
(iii) Need of Reform in Legal Education
(iv) Environmental Jurisprudence
(v) Protecting Human Rights in an age of insecurity
On the above discussions, Hon’ble Shri Justice V.Gopala Gowda, Chief Justice, Orissa High Court, Hon’ble
Shri Justice M.B.Lokur, Chief Justice, Guwahati High Court, Hon’ble Shri Justice A.P.Mishra, Former Judge,
Supreme Court of India, Hon’ble Shri Justice P.K.Misra, Former Chief Justice, Patna High Court, Hon’ble
Shri Justice B.P.Das, Hon’ble Shri Justice L.Mohapatra, Hon’ble Shri Justice M.M.Das, Hon’ble Shri Justice
Indrajit Mahanty, Judges of Orissa High Court, Shri D.V.Suba Rao, Former Chairman, Bar Council of India
and Shri Bipin Behari Ratho, Senior Advocate presided over different seminar sessions as Chair Person
and Co-Chairperson. Eminent persons like Vice Chancellor of different N.L.Us., Senior Advocates of Supreme
Court of India as well as Orissa High Court and Members of Odisha State Bar Council presented their view
points on the above topics.
The valedictory ceremony of the celebration was held on 6.11.2011 at 5.00 P.M.. In the valedictory
ceremony, Hon’ble Shri Justice P.Sathasivam, Judge, Supreme Court of India delivered valedictory address
as Chief Guest in august presence of Hon’ble Shri Justice G.B.Patnaik, Former Chief Justice of India,
Hon’ble Shri Justice D.P.Mohapatra, Former Judge, Supreme Court of India, Shri Bikram Keshari Arukh,
Hon’ble Law Minister, Govt. of Odisha, Shri Prafulla Ch. Ghadei, Hon’ble Finance Minister, Govt. of Odisha,
Shri Ashok K.Parija, Chairman, Bar Council of India, Shri Jagannath Patnaik, Senior Advocate, Shri Gopal
Krushna Mohanty, Chairman, Odisha State Bar Council and Dr. Tahali Charan Mohanty, Member, Odisha
State Bar Council.
–0–
ACTIVITIES OF HIGH COURT LEGAL SERVICES COMMITTEE
1. The 7th High Court Mega Lok Adalat was held on 26.11.2011 in which Hon’ble Shri Justice B.P.Das,
Executive Chairman, Orissa State Legal Services Authority, Hon’ble Shri Justice L.Mohapatra, Chairman,
High Court Legal Services Committee and Hon’ble Shri Justice S.C.Parija presided over the Lok Adalat Benches.
In the above Lok Adalat 67 cases are disposed of which includes Motor Accident Claim Appeals and Land
Acquisition cases by way of Compromise. The General Insurance Companies agreed to pay Rs. 77,06,700/-.
2. The National Legal Services Day was observed on 9.11.2011 in the New Conference Hall of the Court by the
HCLS Committee in collaboration with the Orissa State Legal Services Authority & District Legal Services
Authority.
3. During the period under report, 36 applicants have been provided with the benefit under the scheme of Legal Aid
and Advice by the High Court Legal Services Committee to file and defend their cases in the High Court.
Similarly, 37 Legal Aid Counsels have been paid their honorarium dues during the month of December, 2011.

01. Lok Adalats
ACTIVITIES OF ORISSA STATE LEGAL SERVICES AUTHORITY
During the period from October, 2011 to December, 2011, 5 State Level Lok Adalats were held, one
each at Berhampur, Puri, Bhawanipatna, Rourkela and Cuttack on 15.10.2011, 12.11.2011, 19.11.2011,
26.11.2011 and 17.12.2011 respectively, in which total 569 number of Motor Accident Claim Cases have
been settled/disposed of on conciliation and a total sum of Rs.6,52,44,800/- has been awarded as
Compensation. Besides the above, 10936 no.of other cases have also been disposed of in toto, which
consisted of Civil- 92, Criminal-2555, Revenue-7795, Matrimonial-112, Bank-330, BSNL-42, Land Acquisition
Cases-10 and a sum of Rs.4,30,793 towards Criminal fine and Rs.14,59,616/- as Revenue have been
collected in the said Lok Adalats.
Similarly, during the above quarter, 138 no.of District and Taluk Level Lok Adalats and 367 no.of
Legal Literacy/Awareness Camps have been organized by the field units. In the above District and Taluk
Level Lok Adalats, in total 36,264 no.of cases have been disposed of which consisted of Civil-658,
Criminal-20267, Revenue-12857, Matrimonial-39, Bank-2163, BSNL-127, Labour-129 and MACT-24. A sum
of Rs.34,48,823/- towards Criminal fine and Rs.75,96,175/- as Revenue have been collected in the said
Lok Adalats. Further, a sum of Rs.2,09,67,600/- has also been awarded as Compensation in the MACT
cases disposed of in the said Lok Adalats.
02. Permanet Lok Adalats(for Public Utility Services(U/s.22-B of the L.S.Act)
During the period under report, 129 number of cases relating to Public Utility Services were
registered in the Seven Permanent Lok Adalats, out of which, 83 no.of cases were settled.
03. Mediation Activities
During the above period, out of the 351 no.of referred cases, 53 no.of cases have been disposed
of through mediation in the District Mediation Centres.
04. Intensive Training Programme on “Mediation”
With the kind approval of the Hon’ble High Court of Orissa, the O.S.L.S.A. organized one Intensive
Training Programme on “Mediation” at KIIT University, Bhubaneswar from12.10.2011 to 16.10.2011, in
which 38 number of Advocates-Mediators nominated by the different District Court Bar Associations were
imparted training on mediation. Expert Trainers from Bangalore Mediation Centre deputed by Mediation
and Conciliation Project Committee, New Delhi imparted training to the participants.
05. Legal Aid Beneficiaries.
Free Legal Aid and assistance has been provided to the 864 no.of beneficiaries, which comprise
SC-144, ST-118, OBC-40, Women-256, Children-02, In-custody-75 and other weaker sections of the
Society-229.
06. Legal Literacy/Awareness Campaign
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39
(i) The Orissa State Legal Services Authority in association with the District Legal Services Authority,
Cuttack organized a sensitization programme in the Psychiatric Ward of SCB Medical College & Hospital,
Cuttack on 10.10.2011. Hon’ble Mr.Justice B.P.Das, Judge, Orissa High Court & Executive Chairman,
OSLSA was pleased to grace the said event being accompanied by Sri B.C.Rath, Member Secretary,
Orissa State Legal Services Authority, Sri S.Pujahari, District Judge-cum-Chairman, Dist.Legal Services
Authority, Cuttack, other local Judicial Officers, Collector, Cuttack, Mayor, Cuttack Municipal Corporation.
Head of the Psychiatric Department and other doctors and staff of the Hospital extended due cooperation
in organization of the said programme. His Lordship Sri Justice B.P.Das, Judge, Orissa High Court &

40
Court
News
Executive Chairman, OSLSA interacted with the patients and the doctors of the Psychiatric Ward and
distributed fruits and sweets to the patients.
(ii) The Orissa State Legal Services Authority in association with Women & Child Development
Department, Govt.of Odisha organized a Regional Workshop on “Protection of Child Rights and Integrated
Child Protection Scheme (ICPS) on 15.10.2011 at Town Hall, Bhawanipatna. The said Workshop was
inaugurated by Hon’ble Mr.Justice Altamas Kabir, Judge, Supreme Court of India & Executive Chairman,
National Legal Services Authority in the august presence of Mr.Naveen Patnaik, Hon’ble Chief Minister,
Odisha as the Chief Guest, Hon’ble Mr.Justice V.Gopala Gowda, Chief Justice, Orissa High Court &
Patron-in-Chief, OSLSA, Hon’ble Mr.Justice B.P.Das, Judge, Orissa High Court & Executive Chairman,
OSLSA, Hon’ble Mr.Justice C.R.Dash, Judge, Orissa High Court, and Smt.Saraswati Hembrum,
Chairperson, State Commission for Protection of Child Rights. A book on “Child Rights” in vernacular
language prepared by OSLSA was released in the said occasion.
(iii) The Orissa State Legal Services Authority in association with High Court Legal Services Committee
& District Legal Services Authority, Cuttack observed the National Legal Services Day on 9.11.2011 at 5.00
P.M. onwards by organizing a programme at New Conference Hall, Orissa High Court, Cuttack. On the
said occasion, there was a meeting presided over by Hon’ble Mr.Justice V.Gopala Gowda, Chief Justice,
Orissa High Court & Patron-in-Chief, OSLSA, Hon’ble Mr.Justice B.P.Das, Judge, Orissa High Court &
Executive Chairman, OSLSA, in presence of some other Hon’ble Judges of Orissa High Court, Former
Judges, Officers of the Hon’ble Court, Advocate General, Odisha and local Judicial Officers and dignitaries.
On the said occasion, a film titled as “MARU-MALLHAR” focusing on role of legal aid, front office and
mediation benefit, prepared by OSLSA was released and exhibited for awareness of the general public.
(iv) With inspiration and encouragement from Hon’ble Sri Justice V. Gopala Gowda, Chief Justice-
Cum-Patron-in-Chief, OSLSA, and under able leadership and strategic guidance of Hon’ble Sri Justice B.P.
Das, Judge, Orissa High Court & Executive Chairman of OSLSA, the Odisha State Legal Services
Authority has taken a project “Capacity Building of Judicial Officers and other Stakeholders under PC &
PNDT Act” with support from Department of Health & Family Welfare, Government of Odisha and United
Nations Population Fund. The project is conceived with an object and aim to sensitize the key stakeholders
under the Act and to empower them with all knowledge, skills and appropriate attitude so that all
concerned can contribute for the effective implementation of the Act. and Workshops were organized on
regional basis at Balasore on 31.10.2011, at Baripada(Mayurbhanj) on 27.11.2011, at Angul on
4.12.11, at Sambalpur on 10.12.11 and at Balangir on 11.12.11 under the said project. In the
said Workshops, deliberations and discussions were held on social dimensions of sex selection,
medical aspect of the PC & PNDT Act with reference to MTP Act, legal aspect and judicial
approach to the Act and sharing of State’s experience in implementation of the Act with special
stress for implementation of the provisions of the Act in a pro active manner. Judicial Officers,
Sub-district Level Appropriate Authorities, C.D.M.Os., Public Prosecutors and others attended
the said Workshops.
This Authority developed and published two separate study materials in compilations-one
relating to PC & PNDT Act with leading cases of the Hon’ble Supreme Court and other Hon’ble
High Courts and the other on Gender related laws for distribution to the participants of the
training programme/workshop
Besides, the Authority to create mass awareness on prohibition of Sex Selection and Sex
Determination leading to female foetas and discrimination against girl child, drew a Plan of
Action under a theme “ Save the Girl Child” and selected 843 Student Legal Literacy Clubs from
19 Districts Dhenkanal, Ganjam, Khurda, Cuttack, Puri, Sambalpur, Balasore, Sundargarh,

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41
Kalahandi, Nayagarh, Angul, Deogarh, Baragarh, Jharsuguda, Kendrapara, Jajpur, Jagatsinghpur,
Bhadrak and Sonepur, where sex ratio is below 950 to carry out the campaign. As a part of that
mass campaign activity, a two days State Level Training Workshop was organized for young
lawyers and Secretaries of D.L.S.As.on 22.10.2011 and 23.10.2011 at Cuttack. Participants
were given deliberation on gender discrimination and general laws and a Plan of Action was
formulated as to how the general public would be made aware on such prohibition of sex
selection and discrimination against the girl child by taking assistance of the Student Legal
Literacy Clubs. Such campaign activities of the D.L.S.As. was carried out under the supervision
of the State Authority. Awareness materials like leaflets and hand bills on this score were printed
and distributed among the public. An advertisement on Prohibition of Sex Determination and
Sex selection was published in three Odia Newspapers.
A handbook with nomenclature “MAHILANKA PAIN AAIN’ ( in Odia ) containing the
provisions of different enactments protecting the interest of women and Government Schemes
formulated for their benefit is already in the press for distribution of the same to the 843 High
Schools running the Student Legal Literacy Clubs.
The above Workshops and mass campaigning were carried out with all support from
the Department of Health and Family Welfare, Government of Odisha and UNFPA, the activities
planned under the Annual Work Plan 2011 were carried out within the stipulated timeframe.
Refresher Programme :
Sl.
No.
Duration
of the
Programme
1. 10.10.2011
&
11.10.2011
2. 15.10.2011
&
16.10.2011
3. 5.11.2011
&
6.11.2011
4. 10.12.2011
&
11.12.2011
ACTIVITIES OF ORISSA JUDICIAL ACADEMY
Course contents of
the Training
SC/ST & Social Reform
Cases
Criminal Adjudication
Sessions Cases & in
Magisterial Courts
Criminal Adjudication under
Spl. Laws with reference to
combating Anti-corruption
& NDPS Offences
(October - December, 2011)
Cadre of
Officers
participating
Dist. Judges &
Addl. Dist.
Judges
Dist. Judges &
Magistrates
Adjudication of Civil Cases Civil Judges (S.D.)
& (J.D.)
5. 10.12.2011 High Court Rules, C.F. Act,
&
Suit Valuation Act &
11.12.2011
Stamp Act
No. of Officers
Nominated/
Present
No. of officers
participated
25/24 D.J. = 05, Spl. J. = 03
A.D.J. = 11
Adhoc A.D.J. = 05
25/24 D.J. = 04, S.D.J.M. = 15,
JMFC = 05
District Judges 25/23 D.J. = 07
A.D.J. = 16
S.R., O.C.,
Superintendents
of High Court
25/24
25/22
C.J. (S.D.) = 12
C.J. (J.D.) = 12
S.R & O.C. = Nil
A.S.R. & O.C. = 05
Supt. L-I = 17

42
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News
2nd Induction Training Programme :
1. 21st. Nov. Induction Training
to 11th Dec., Programme (2nd phase)
2011
Civil Judges
(Jr. Division)
44/43 C.J. (J.D.) = 43
Programmes with other Agencies :
Sl.
No.
Duration of the Programme
1. 23rd to 30th Nov., 2011
(Organized by Women & Child Development
Department in collaboration with Orissa
Judicial Academy, Cuttack)
2. 13th November, 2011
(Symposium on Laws & Issues related to
Women & Children for Judicial Officers,
organized by UNDP, Deptt. of Justice, Ministry of
Law & Justice, Govt. of India in collaboration
with Orissa Judicial Academy, Cuttack)
Cadre of Officers
participating
CJM-cum-PM,
Member JJB,
Member CWC,
Chairperson CWC
Chief Judicial
Magistrates,
S.D.J.Ms &
J.M.F.Cs.
No. of P.Ps./
A.P.Ps.
Nominated.
32/26
No. of Participants
CJM-cum-PM = 10
Member JJB = 06
Member CWC= 06
Chairperson CWC = 06
30/30 CJM = 10
SDJM = 10
JMFC = 10
For Public Prosecutors :
Sl.
Cadre of Officers
Duration of the Programme
No. of P.Ps./ A.P.Ps.
No. of Participants
No.
participating Nominated.
1. 28th to1st October, 2011 Asst. P.Ps. 35/33 Asst. P.P. = 33
2. 17th to 21st October, 2011 Spl. P.P., Addl. P.P.
Associate Lawyer
3. 28th to 1st November, 2011 Spl. P.P., P.P., Addl. P.P.
Associate Lawyer
4. 8th to 11th November, 2011 Asst. P.P.,
Associate Lawyer
35/12
Spl. P.P. = 3
Addl. P.P. = 7, Associate Lawyer = 2
30/24 Spl. P.P. = 4, P.P. = 2, Addl. P.P. = 11
Associate Lawyer = 7
37/28 Asst. P.P. = 27
Associate Lawyer = 1

GOLDEN JUBILEE CELEBRATION OF ODISHA STATE BAR COUNCIL
on 5th & 6th November, 2011

GOLDEN JUBILEE CELEBRATION OF ODISHA STATE BAR COUNCIL
on 5th & 6th November, 2011

Observance of National Legal Services Day at New Conference Hall, Orissa High Court on
09.11.2011. Seen in the picture : Hon’ble Shri Justice V. Gopala Gowda, Chief Justice Orissa
High Court & patron-in-Chief, OSLSA, Hon’ble Shri Justice B.P. Das, Judge, Orissa High
Court & Executive Chairman, OSLSA, Sri B.C. Rath, Member Secretary, OSLSA,
Sri S. Pujahari, District Judge-cum-Chairman, DLSA, Cuttack,
Shri B.K. Mohanty, Registrar (Judicial), Orissa High Court-cum-Secretary, HCLSC.
Seminar on “Permanent Lok Adalat of Public Utility Services” organized by Bhubaneswar Bar
Association. Seen in the Picture : Hon’ble Shri Justice B.P. Das, Judge, Orissa High Court & Executive
Chairman, OSLSA, Hon’ble Shri Justice L. Mohapatra, Judge, Orissa High Court,
Shri D. Rout, District Judge, Khurda & other dignitaries
A scene of affection & Human touch. Hon’ble Shri Justice B.P. Das, Executive Chairman, OSLSA feeding
a mentally ill child in the Psychiatric Ward of SCB Medical College & Hospital, Cuttack on the occasion
of observance of “World Mental Health Day” on 10.10.2011