SL. NO CASE SECTION / ISSUE Date of Judgment PAGE 1. Cover Page & Index 1-4 A. Civil Laws (i) Procedure Code 2. Smt. Rama Sahu Vs. Sujata Sahu & Others. In the High Court of Orissa, Cuttack Section 96,100 & Order 7 Rule 7 of CPC Date of Judgment: 01.02.2016 5-7 3. Niranjan Sahu Vs. Gauri Sahu and others . In the High Court of Orissa, Cuttack. 8 Rule 9,Order 22 Rule 4(2) & Order 1 Rule 10 of CPC & Article 227 of the Constitution of India Date of Judgment: 15.02.2016 8-11 B . Criminal Laws (i ) Criminal procedure Code 4. Tekan @ Tekram Vs. State of Madhya Pradesh (Now Chhattisgarh) In the Supreme Court of India. Section 357 A of Cr.P.C & Section 376 of IPC Date of Judgment – 11.02. 2016 12-16 Trial
5. Ram Varshney and others Vs. State of Uttar Pradesh and another . In the Supreme of India. Section 498 A and 506 of IPC Section 3&4 of dowry Prohibition Act Section 173, 178 and Section 482 of Cr.P.C. Date of Judgment- 05.02.2016. 17-25 (ii) Indian Penal Code 6. Harihar Patnaik Vs. State of Orissa. In the High Court of Orissa ,Cuttack Section 302 ,304 (II) of IPC Date of Judgment- 02.02.2016 26-30 7. Chandramani Kumbhar Vs. State of Orissa. In the High of Orissa, Cuttack. Section 498-A Section 304 and Section 306 of IPC Date of Judgment- 03.02.2016 31-33 C. Other Laws (i) Orissa gram Panchayat Act, 1965 8. Smt. Kiranbala Rout Vs. Smt. Rasnamayee Roy. In the High Court of Orissa ,Cuttack Section 31 of the Orissa gram Panchayat Act, 1965 Date of Judgment: 10.02.2016 34-36 (ii)Right to Information Act 9. Kerala Public Service Commission & Ors. Vs. The State Information Commission & Anr. With Public Service Commission U.P. Vs. Raghvendra Singh . In the supreme of India. Section 11 and Section 8(1)(C) of RTI Act Date of Judgment – 04. 02. 2016 37-40 (iii) Arbitration and Conciliation Act ,1996 Trial Trial Trial Trial
10. M/s. Auto Oasis Dealer, Indian Oil Corporation Ltd. At/P.O: Chandpur, N.H.5, represented through its Managing Partner Smt. Pramodini Pattnaik. Versus M/s. Indian Oil Corporation Ltd., represented through its Senior Divisional Retail Sales Manager, Divisional Office Floor, Alok Bharati Tower, Sahid Nagar, Bhubaneswar, Dist: Khurda. In the High of Orissa, Cuttack. Section 5 and 8 of the Arbitration and Conciliation Act ,1996 Clause 68 &69 of the Arbitration agreement Article 227 of the Constitution of India Date of Judgment: 03.02.2016 41-44 (iv)Hindu Marriage Act ,1955 11. Sarat Chaandra Mohapatra Vs. Amruta Prabha Mahapatra . In the High Court of Orissa, Cuttack. Section 13 of the Hindu Marriage Act Order 23 Rule 1 ,Section 96 and Section 151 and order 23 Rule 3A of CPC Date of Judgment: 08.02.2016 45-48 (v)The Public Premise (Eviction of Unauthorized Occupants Act 1971) 12. Suresh Narayan & Ors. Vs. Central Bank of India & Ors. In the Supreme Court of India. Section 9 of the public Premise (Eviction of unauthorized Occupants Act 1971) Date of 2016 49-52 (vi) Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 13. of U.P. & Ors. Vs. Ravindra Kumar Sharma & Ors. In the Supreme Court of India. Section73 (1)(2) Persons with Disabilities Opportunities, Date of Judgment - 03.02.2016. 53-56 Trial
4. Procedure in case of death of one of several defendants or of sole defendant- (1) one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit. (2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant”. Salmond on Jurisprudence has succinctly stated the rights of a dead man vesting in his legal representative. (12th edition at page-120) : “The rights which a dead man thus leaves behind him vest in his representative. They pass to some person whom the dead man, or the law on his behalf, has appointed to represent him in the world of the living. This representative bears the person of the deceased, and therefore has vested in him all the inheritable rights, and has imposed upon him all the inheritable liabilities of the deceased. Inheritance is in some sort a legal and fictitious continuation of the personality of the dead man, for the representative is in some sort identified by the law with him whom he represents. The rights which the dead man can no longer own or exercise in propria persona, and the obligations which he can no longer in propria persona fulfil, he owns, exercises, and fulfils in the person of a living substitute. To this extent, and in this fashion, it may be said that the legal personality of a man survives his natural personality, until, his obligations being duly performed, and his property duly disposed of, his representation among the living is no longer called for.” From the decisions cited earlier, it is pellucid that sub-rule (2) of Rule 4 of Order 22 authorizes the legal representative of a deceased defendant to file an additional written statement raising all pleas which the deceased-defendant had or could have raised except those which were personal to the deceased-defendant or