Orissa High Court Weekly Round-Up: February 20 To February 26, 2023

Nominal IndexM. Rajamma v. State of Orissa & Ors., 2023 LiveLaw (Ori) 23Hrusikesh Sahoo & Anr. v. State of Orissa, 2023 LiveLaw (Ori) 24Smt. Renuka Sethi & Ors. v. Babu Sahu & Anr., 2023 LiveLaw (Ori) 25PCIT (Central) versus Narayan Kumar Khaitan, 2023 LiveLaw (Ori) 26Management Committee, CFH Scheme, Paradip Port v. Paradip Port Workers Union & Anr., 2023 LiveLaw (Ori) 27Bichitrananda Barik v. State of Odisha & Ors., 2023 LiveLaw (Ori) 28Manager Legal, Tata AIG General Insurance Co. Ltd. v. Usha Agarwal & Ors., 2023 LiveLaw (Ori) 29Judgments/Orders Reported This WeekOrissa High Court Raps Tahasildar For ‘Lackadaisical Attitude’ In Issuing Records Of Land Allotted To Indo-Pak War WidowCase Title: M. Rajamma v. State of Orissa & Ors.Citation: 2023 LiveLaw (Ori) 23The 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 OrderCase Title: Hrusikesh Sahoo & Anr. v. State of OrissaCitation: 2023 LiveLaw (Ori) 24The 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 CourtCase Title: Smt. Renuka Sethi & Ors. v. Babu Sahu & Anr.Citation: 2023 LiveLaw (Ori) 25The 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 CourtCase Title: PCIT (Central) v. Narayan Kumar KhaitanCitation: 2023 LiveLaw (Ori) 26The 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 CourtCase Title: Management Committee, CFH Scheme, Paradip Port v. Paradip Port Workers Union & Anr.Citation: 2023 LiveLaw (Ori) 27The 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...

Orissa High Court Weekly Round-Up: February 20 To February 26, 2023

Jyoti Prakash Dutta

Tags