Nominal Index

M. Rajamma v. State of Orissa & Ors., 2023 LiveLaw (Ori) 23

Hrusikesh Sahoo & Anr. v. State of Orissa, 2023 LiveLaw (Ori) 24

Smt. Renuka Sethi & Ors. v. Babu Sahu & Anr., 2023 LiveLaw (Ori) 25

PCIT (Central) versus Narayan Kumar Khaitan, 2023 LiveLaw (Ori) 26

Management Committee, CFH Scheme, Paradip Port v. Paradip Port Workers Union & Anr., 2023 LiveLaw (Ori) 27

Bichitrananda Barik v. State of Odisha & Ors., 2023 LiveLaw (Ori) 28

Manager Legal, Tata AIG General Insurance Co. Ltd. v. Usha Agarwal & Ors., 2023 LiveLaw (Ori) 29

Judgments/Orders Reported This Week

Orissa High Court Raps Tahasildar For ‘Lackadaisical Attitude’ In Issuing Records Of Land Allotted To Indo-Pak War Widow

Case Title: M. Rajamma v. State of Orissa & Ors.

Citation: 2023 LiveLaw (Ori) 23

The Orissa High Court came down heavily on the Tahasildar, Chatrapur, in Ganjam district for "lackadaisical attitude" and inaction on his part to consider the application of an octogenarian Indo-Pak war-widow to re-issue the records of her land which she lost due to the 1999 super-cyclone. A Single Judge Bench of Justice Biswanath Rath said,

“…this Court finding this to be a fit case while expressing its anxiety in the inaction of the Tahasildar, Chatrapur for over two months involving such serious issues recording the Tahasildar failed in appreciating this not an ordinary case put up before him and the case involves a War-Widow whose husband has lost his life for the Nation requesting early attention to such issues.”

Probation of Offenders Act: Orissa High Court Extends Benefit To Two Convicted ‘29 Yrs Ago’ For Violating Rice & Paddy Control Order

Case Title: Hrusikesh Sahoo & Anr. v. State of Orissa

Citation: 2023 LiveLaw (Ori) 24

The Orissa High Court released two persons on probation who were convicted ‘29 years’ back for transporting rice bags in violation of the Orissa Rice and Paddy Control Order, 1965. A Single Judge Bench of Justice Gourishankar Satapathy deemed it inappropriate to send the convicts to prison at such a delayed point of time and thus, observed-

“…the convicts are first time offenders and no previous conviction of the appellants has been proved against them and more than 29 years have elapsed in the meantime after conviction of the appellants and the convicts were aged about 34 and 39 years as on the date of their conviction and now they would be more than 63 and 68 years.”

Liability Of Insurer Commences When Premium Paid & Cover Note Issued, Irrespective Of Time Mentioned In Insurance Policy: Orissa High Court

Case Title: Smt. Renuka Sethi & Ors. v. Babu Sahu & Anr.

Citation: 2023 LiveLaw (Ori) 25

The Orissa High Court clarified that the liability of an insurer commences from the moment the insurance premium is paid by the insured and cover note is issued to him. Therefore, an insurer cannot escape its liability merely because the insurance policy had mentioned a separate date for commencement of the policy. While fastening liability of the insurer to compensate the death of an employee which occurred in course of employment, a Single Judge Bench of Justice Bibhu Prasad Routray said,

“…in the present facts of the case that, the insurance coverage commenced from 2 pm on 25th January, 2000 as mentioned in the cover note. When the accident took place at 4pm, i.e. 2 hours after the cover note was issued and premium received, undoubtedly the liability of the insurer cannot be absolved.”

Appearance Of AR Not Enough For Presuming Service On Assessee Under S. 292BB Of ITA: Orissa High Court

Case Title: PCIT (Central) v. Narayan Kumar Khaitan

Citation: 2023 LiveLaw (Ori) 26

The Orissa High Court deprecated an Income Tax Authority who, despite being informed that the assessee was in judicial custody, failed to serve a notice upon him through the Superintendent of the concerned jail, in the proceedings initiated against him under Section 263 of the Income Tax Act, 1961. The Division Bench of Chief Justice Dr. S. Muralidhar and Justice M.S. Raman remarked that a person in judicial custody is deprived of many constitutional rights, and thus any officer of the Government, including a Principal Commissioner of Income Tax (PCIT), must pass an appropriate order requiring service of notice on the assessee, who is in judicial custody, through the Superintendent of the concerned jail.

Mere Admission Of Different Date Of Birth Not Better Proof Than School Leaving Certificate: Orissa High Court

Case Title: Management Committee, CFH Scheme, Paradip Port v. Paradip Port Workers Union & Anr.

Citation: 2023 LiveLaw (Ori) 27

The Orissa High Court observed that mere admission by a person of a different date as his date of birth cannot stand in the face of documentary proof of date of birth like School Leaving Certificate. While providing relief to a workman against his management, a Division Bench of Justices Arindam Sinha and Sanjay Kumar Mishra said,

“This admission cannot stand in face of the documentary evidence, borne out by the school leaving certificate. School leaving certificate is one of the proofs of date of birth. Furthermore, admissions can be explained. Section 31 in Indian Evidence Act, 1872 says admissions are not conclusive proof but may operate as estoppel under the provisions thereafter contained.”

Contractual Employee Can’t Be Removed From Service Without Following Rules Of Natural Justice, Orissa High Court Reiterates

Case Title: Bichitrananda Barik v. State of Odisha & Ors.

Citation: 2023 LiveLaw (Ori) 28

The Orissa High Court reiterated that the rules of natural justice are required to be followed before disengaging even a contractual employee. While providing relief to a junior teacher (contractual), who was removed without being provided an opportunity to defend himself, a Single Judge Bench of Justice Sashikanta Mishra said:

“This Court is not impressed with the argument that being a contractual employee no rules or procedure are required to be followed before disengaging him. It is rather the settled position of law that even in case of a contractual employee the rules of natural justice are required to be followed to the hilt.”

[Motor Accident] Managerial Skills Of Deceased To Run Business Can Be Considered While Counting 'Loss Of Dependency': Orissa High Court

Case Title: Manager Legal, Tata AIG General Insurance Co. Ltd. v. Usha Agarwal & Ors.

Citation: 2023 LiveLaw (Ori) 29

The Orissa High Court, while placing reliance upon recent decisions of the Apex Court, clarified that managerial skills and expertise of a deceased person to run his business is to be taken into account while counting the loss of dependency of his dependants, who continue his business. Reaffirming the position, a Single Judge Bench of Justice Bibhu Prasad Routray observed,

“Perusal of afore-cited cases reveals the proposition that, for counting the loss of dependency, where the business entity subsists even after death of the deceased and is managed by the dependants, the managerial skill and expertise of the deceased to run the business is to be considered along with specific facts and circumstances brought on record.”

Other Developments

‘Due Process Of Law Is Blinkered’: Orissa High Court Issues Contempt Notices For Forging Medical Certificate To Obtain Interim Bail

Case Title: Srinath Rana v. State of Odisha

Case No.: BLAPL No. 9586 of 2021

The Orissa High Court issued contempt notices to two persons who were allegedly involved in procuring and producing a forged medical certificate before the High Court for grant of interim bail to an accused person. While expressing severe dismay over the conduct of the said persons, a Single Judge Bench of Justice Sangam Kumar Sahoo observed,

“Due process of law is blinkered by acts or conduct of the parties to the litigation or witnesses or generate tendency to impede or undermine the free flow of the unsullied stream of justice by blatantly resorting, with impunity, to fabricate Court proceedings to thwart fair adjudication of dispute and its resultant end.”

Orissa High Court Dismisses PIL Seeking List Of Political Prisoners Detained Under MISA During National Emergency

Case Title: Chittaranjan Mohanty v. State of Odisha

Case No.: W.P.(C) No. 4073 of 2023

The Orissa High Court dismissed a Public Interest Litigation (PIL) seeking list of political prisoners detained under the draconian Maintenance of Internal Security Act, 1971 (MISA) during the national emergency. While denying to pass direction for extending any financial assistance to such political prisoners, the Division Bench of Chief Justice Dr. S. Muralidhar and Justice M.S. Raman said, “If in fact there is no scheme of assistance devised as yet, the Court cannot issue a mandamus in that regard. The Court is not inclined to grant the reliefs as prayed for in this petition.”

Odisha Governor Inaugurates Refurbished ‘Museum Of Justice’ In Cuttack

The Governor of Odisha Prof. Ganeshi Lal inaugurated the refurbished ‘Museum of Justice’ inside historic Barabati Quila of Cuttack.  On 12th November 2017, the ‘Orissa High Court Museum’ was established in the heritage residential building of the Chief Justice in Barabati Quila, Cuttack. However, after Justice Muralidhar took over as the Chief Justice of the High Court in 2021, he conceived the idea of setting up a Centre for Judicial Archives for preservation of old records and mooted the idea of a modern museum to showcase the history of the Odisha judiciary. The preserved documents of historical value were proposed to be showcased in the museum. The idea was to transform the existing museum from a repository of antiquities into a centre for education and research.

Also Read: ‘Museum Of Justice’: Some Facts About The Recently Inaugurated Judicial Museum Of Odisha