January to March 2013 for PDF.pmd - Orissa High Court

12CourtNewsOUTLINES OF SOME RECENT ORISSA HIGH COURT JUDGEMENTSRAM KRUSHNA DASMOHAPATRA @ TIKI PUA-V- INDIAN TEA PROVISIONS LTD.RVWPET NO.74 OF 2012 (Dt.12.12.2012)A. CIVIL PROCEDURE CODE, 1908 – O-47, R-1.Judgment passed by High Court in writ appeal – Judgment challenged in SLP before the SupremeCourt – SLP dismissed – Thereafter petition for review of the judgment filed before this Court – Maintainability– Held, in view of the dismissal of SLP the judgment of the High Court has not merged with the judgmentof the Supreme Court so the aggrieved party is not deprived of the statutory right of review – Held, reviewpetition is maintainable.B. CIVIL PROCEDURE CODE, 1908 – O-47, R-1.Review – Judgment in writ appeal sough to be reviewed – Opp.Parties played fraud on the Courtas well as on the other side by not producing or bringing to the notice of the Court necessary facts anddocuments relevant to the litigation – Non-consideration of the above has rendered the judgment soughtto be reviewed erroneous – Impugned order suffers from error apparent on the face of the record – Held,impugned judgment/order is recalled and the writ appeal be listed for hearing.(V. Gopala Gowda, CJ & S. K. Mishra, J.)SUJATA KHAMARI-V- STATE OF ORISSA & ORS.W.P. (C) NO.21315 OF 2011 (Dt.16.11.2012)CONSTITUTION OF INDIA, 1950 – ART.226.Opening of 24 hours Day and Night Medicine shop – Criteria for selection – As per Governmentguidelines allottee should be an unemployed registered Pharmacist and in case no registered pharmacistapplies, only those willing to engage a registered pharmacist, may be considered.In this case although petitioner is an unemployed registered pharmacist, his application wasrejected for non-production of income and solvency certificates and O.P.5, though not a registered pharmacistwas selected – Selection of O.P.5 challenged – Held, rejection of petitioner’s application on the groundof non-production of income and solvency certificates in her name is not justified – Discrimination – Held,order selecting O.P.5 and rejecting the application of the petitioner is quashed – Direction issued to theGovernment to delete impracticable and unrealistic conditions from the guide lines and to frame appropriateguidelines and select befitting candidate for the purpose on the basis of fresh guidelines.(V. Gopala Gowda, CJ & B. N. Mahapatra, J.)BALABHADRA NAYAK-V- STATE OF ORISSACRLREV NO.687 OF 2012 (Dt.18.12.2012)CRIMINAL PROCEDURE CODE, 1973 – S.457.The words “Police Officer” in Section 457 Cr.P.C. must include an Excise Officer reporting seizureof vehicle/property to a Criminal Court.In this case motor cycle of the petitioner was seized by Excise officials for alleged commission ofoffence under the NDPS Act – His application U/s.457 Cr.P.C. for release of vehicle was rejected by the