Citation-4

1.              Code of Criminal Procedure, 1973 – Section 482 – Quashing of Proceeding – Offences under various sections of Penal Code as well as under the provisions of S.C & S.T Act – Compromise between the parties – Question raised that in view of such compromise offences under S.C & S.T Act can be quashed? – Held, proceeding involving offences under S.C & S.T Act can be quashed on the basis compromise between the parties but keeping in view of the riding object for which the S.C and S.T. Act was enacted, the Court has to be very vigilant while exercising such power so that the purpose of its enactment is not defeated.  Miss. S.Ratho, J. IN  CRLMC No. 2847 of 2021 (Biranchi Narayana Satpathy & Ors. – Vrs – State & Ors._ D.O.D. – 25.03.2022. 

2.              Service Law – Work-charged Employee – Petitioner worked near about 30 years – But he did not brought into permanent establishment – Superannuated from service in the same status as work –charged employee – Claim of pension – Denied – Action of the Authority challenged – Held, the petitioner is entitled to the benefit of pension.  B.Rath, J. IN W.P.C (OA) No. 2359 of 2013 (Biswanath Gouda – Vrs – State & Ors.) D.O.D. – 26.04.2022. 

3.              Service Law – Officiating a promotional post as a stop gap arrangement with a condition not to claim such post permanently – Subsequently claim of such post or salary of such post – Whether maintainable? – Held, No. Dr. B.R. Sarangi, J. IN W.P.(C) :No. 13167 of 2012 (With Batch of Cases) (State of Odisha & Ors. – Vrs- Banchanidhi Das.) D.O.D – 28.03.2022. 

4.              (A) – Orissa Public Works Department Code, Vol.1 amended Para 3.5.5 (V) Note – III Incentive/bonus for early completion of contract work – Work completed 131 days prior to the schedule time – Report/acknowledgment of such early completion furnished by the Executive Engineer – No action taken by the department – Action of the authority challenged – Held, petitioner is entitled to such incentive. 

(B) Words & Phrases – Incentive & bonus – Meaning of – Discussed. 

(C)  Promissory Estoppel – Meaning and Applicability –Discussed.

Dr. B.R. Sarangi, J. IN W.P.(C) No. 3748 of 2020 (S.B.M Nirmaan Construction Pvt. Ltd – Vrs-State & Ors.) D.O.D.-29.03.2022.  

5.              The Commercial Courts Act, 2015 – Sections 3 (3), 10 (3) and 15 (2) R/w Section 42 of the Arbitration and Conciliation Act, 1996 – Jurisdiction of the Commercial Court – Whether any Civil Judge other than the District Judge in case of Arbitration and Conciliation Act, 1996 can act as Principal Civil Judge under the Commercial Courts Act? – Held, Yes.  Dr. S.Muralidhar, C.J. IN W.P.(C) NOs. 3523 of 2022 (with Batch of cases) (M/s. M.G. Mohanty & Anr. – vrs – State & Ors.) D.O.D. – 08.04.2022.

6.              The Waqf Act, 1995 – Section 83 (9) – Jurisdiction of the High Court – Order of Waqf Tribunal – Challenge before the High Court – Whether the High Court act as the Appellate Court? – Held, No.  Dr. S.Muralidhar, C.J. IN W.P. (C) No. 14469 of 2005 (Allabox Ali & Ors. – Vrs – Allabox Khan & Ors) D.O.D. – 04.04.2022. 

7.              Law of bail – Economic offences – Classification of offence as economic offence – Refusal of bail pleaded on the ground as the offence causing loss to public exchequer – Classification of offence questioned – Held, bail cannot be denied on such classification – Hence bail granted.  S.K. Panigrahi.J. In BLAPL No. 6498 of 2021 (Ajaj Ahamad –Vrs-State.) D.O.D. – 04.04.2022. 

8.              Service Law – Petitioner is a State Govt. employee – Writ petition filed with a prayer to change of date of birth as mentioned in the service book at fag end of service – Permissibility questioned – Held, such change cannot be allowed beyond the period as notified by the General Administration Department i.e. after five years of service.  Hence Writ Petition dismissed.  S.K. Panigrahi. J. IN W.P.(C) No. 12015 of 2022 (Ugrasen Sahu –Vrs-State & Ors.) D.O.D. – 27.05.2022. 

9.              Service Law – Delay in payment of pensionary benefits – Delay is not attributable to the petitioner – Claim of interest as well as compensation due to such delay – Held, the petitioner is entitled to 9% interest per annum from the date of retirement till the date of actual payment and also entitled to the compensation of Rs. 10,000/-.  Dr. B.R. Sarangi. J. IN W.P.(C) No. 19279 of 2011 (Nilamani Mishra –Vrs- UIO 7 Ors.) D.O.D. – 07.04.2022. 

10.           Interpretation – When an Act does not defined meaning of a “word” – Effect of /external aid – Held, dictionaries could always be referred to in order to ascertain not only the meaning of the word but also the general use of it.  Dr. B.R. Sarangi. J. IN W.P.(C) No. 11418 of 2019 (Tukubabu Dash – Vrs.-State & Ors.) D.O.D. – 05.04.2022. 

11.           Service Law – Appointment – Advertisement/Notification – Prescribed minimum qualification in the notification – Whether the state/authority is bound to invite applications only on the basis of the minimum qualification? – Held, No.  Dr. B.R. Sarangi. J. IN W.P.(C) No. 8086 of 2016 (With Batch of cases) (Ganeswhwar Panda – Vrs- State & Anor.) D.O.D. – 04.04.2022. 

12.           Service Law – Family pension – Entitlement – Whether a divorced daughter is entitled to receive family pension? – Held, Yes.  Dr. B.R. Sarangi.J. IN W.P.(C) No. 7442 of 2018 (Jyotsna Rani Mohanty –Vrs-Secretary, Indian Council of Agricultural Research and Ors.) D.O.D. – 13.04.2022. 

13.           The Indian Evidence act, 1872 – Section 45 – Opinion of Autopsy doctor – conviction basing upon the post-mortem report/Autopsy report – Whether sustainable? – Hled, only on the basis of post-mortem report and the opinion of the doctor, conviction cannot be maintainable unless it is corroborated by other evidence.  C.R. Dash. J.IN CRLA No. 187 of 2021 (Satya Prakash Dioxit & Anr. –Vrs – State) D.O.D.-27.04.2022. 

14.           Negotiable Instrument Act, 1881 – Section 138 – Presentation of cheque & dishonour of the same – No notice of dishonoured – Again for the second time the same cheque was presented within its valid period and dishonoured – Notice issued – Thereafter complaint filed – Maintainability of Complaint questioned – Held, Complaint petition is maintainable.  R.K. Pattanaik. IN CRLMC No. 1157 of 2011 (Sri. Gadadhar Barik – Vrs – Sri Pradeep Kumar Jena & Anr.) D.O.D – 07.04.2022. 

15.           Service Law – Promotion – Denial promotion ca be denied on the basis of credibility deficit? – Held, Yes.  R.K. Pattanaik IN W.P.(C). No. 30745 of 2011 (Subhendra Mohanty – Vrs – State of Odisha & Ors.) D.O.D – 19.04.2022. 

16.           The Coal Bearing Areas (Acquisition and Development) Act, 1957 – Section 20, 26 – Appeal – Jurisdiction of the Appellate Tribunal – Whether the Tribunal constituted under the Act can decide validity of a “will” or heard issues with regard to right, title and interest – Held, No.  R.K. Pattanaik. IN MFA Nos. 01 & 02 of 2016 (Birendra Patel & Anr –Vrs- Land Acquisition Officer – cum – ADM & Ors) D.O.D. – 05.04.2022. 

17.           Industrial Disputes Act, 1947 – Section 36 (4) – Whether an Advocate can appear before the Tribunal without the consent of other party? – Held, yes. – As the said provision has been declared as unconstitutional by the Allahabad High Court and no other view to the effect made by the Apex Court.  Biswajit Mohanty, J & B.P. Satapathy, J. IN W.P.(C) No. 20007 of 2013 (M/s. Orissa Forest Developement Corporation Limited – Vrs – Minati Behera.) D.O.D. – 13.05.2022. 

18.           Code of Criminal Procedure, 1973 – Section 167 (2) – Default bail – Charge sheet was filed/produced before the Court beyond 180 days but the investigation had completed before 180 days as it was revealed from the date and signature put by I.O on its last page – Trial court rejected the prayer of the petitioner considering the date and signature put by the I.O. – Order of the trial Court challenged – Held, the last date to be construed the date when the charge sheet was produced before the Court not the date which was put by the I.O. – Hence the order of the trial Court rejected – Application for default bail allowed.  B.P. Routray, J. IN CRLMC No. 362 of 2022 (Pramesh Pradhan @ Rani & Anr. –Vrs- State of Orissa & Ors.) D.O.D – 20.04.2022. 

19.           Code of Criminal Procedure, 1973 – Section 167 (2) r/w with section 36A (4) of the NDPS Act – Application under the section seeking time to extent the period of investigation – Notice to the accused – Notice served to the counsel of the accused – No personal notice to the accused – Whether personal notice to the accused is mandatory/necessary? – Held, No.  V.Narasingh, J. IN CRLMC No. 2278 of 2021 (Surendra Gadaba –Vrs- State.) D.O.D. – 13.05.2022. 

20.           58-A – Constitution of India, 1950 – Art. 227 – Application for quashing of the Criminal Proceeding – Offences under sections 4(1), 4(1A), 21 (1) and 23 of the MMDR Act, 1957 r/w Rules 3, 6, 12 (3), 12 (4) and 18 of the Orissa Minerals (Prevention of theft, Smuggling and llegal mining and Regulation of Possession, Storage, Trading and Transportation) Rules, 2007 – Petitioner is a Export company – Allegation of illegal transportation and possession of iron ore – Petitioner license expired – Such transportation was done by the transporter through fake transit pass – Petitioner was the only receiver/possessor – Liability of the petitioner – Whether the petitioner is liable for illegal transportation as well as illegal possession? – Held, the petitioner is liable to the extent as illegal possessior not as the illegal transporter.  S.K. Panigrahi, J. IN CRLMP No. 1238 of 2018 (Smt. Geeta Devi Agarwal & Ors. –Vrs-State) D.O.D.-18.02.2022. 

21.           Code of Civil Procedure, 1908 – Order 41 Rule 1 (3) – Appeal against decree for payment of money – Whether deposit of security amount as provided under the Rule is mandatory? – Held, it is not mandatory, but the same may be read as directory.  However, the Appellant outght to have furnished a memo stating their readiness to comply with the direction of Appellate Court to deposit the amount disputed in the appeal or to furnish such security in respect thereof as would be directed by the court.  The appeal cannot be dismissed for non-compliance of the said provision.  K.R.Mohapatra,J. IN CMP No. 663 of 2021 (Gita Devi Bajoria –Vrs- The M.D., OSFC & Anr.)D.O.D – 09.12.2021. 

22.           Orissa Land Reforms Act, 1960 – Distribution of ceiling surplus land to the beneficiaries – Whether restitution of such land can be made? – Held, Yes.  – Circumstances indicated.  K.R.Mohapatra, J. IN OJC No. 6341 of 1995 (Arjuna Chhotepan & Ors. –Vrs- State & Ors.) D.O.D. – 29.11.2021.