ORISSA JUDICIAL ACADEMY, CUTTACK

Weekly Report
(24.09.2018 - 28.09.2018)

Induction Training Programme

Submitted by-
Soumya Sonalika
Civil Judge on Probation
Sl. No. 18
Batch-2017
24.09.2018

Class I- OLR Act

Presented by- Justice A.S.Naidu, Former Judge, OHC

ROR neither creates nor extinguishes title. If a person objects correctness of ROR onus lies
on him to prove the same.
There must be a document. For deciding title, on what basis ROR is prepared?
BASIS: Alienable interest, by virtue of lease granted by State, By virtue of acceptance of
tenancy.
Further, Sir told us about Person under disability i.e. Minor, Child, woman, insane, deity.
Those who have right to possess but are incapable of managing.
Orissa Public Land Encroachment Act, 1972
The peculiarity is that this Act is retroactive. The validity of the same was challenged1 and set
aside.
Encroachment is done in Anabadi and Gochar Land.
Types of Encroachment:
- Permanent
- Temporary
Section 2(a)(1) talks about Landless person- if all members of family possess less than 1 acre
excluding the homestead land. A person who has no homestead and has income not more
than Rs. 6400 per annum. Section 7 says that if authority feels landless person can be
authorised by settlement.2 Proceeding under this Act is Summary proceeding.
Further, Sir also discussed the important provisions of Orissa Government Land Settlement
Act.
Section 2(dd) of this Act talks about Homestead less persons- Persons who together with all
the members of family does not have annual income of more than Rs. 3600.

Class II- Hindu Succession Act

Presented by- Justice B.K.Mishra, Former Judge, OHC

The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and
codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains,
and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and
succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any
property possessed by a Hindu female is to be held by her absolute property and she is given
full power to deal with it and dispose it of by will as she likes. Parts of this Act was amended
in 2005 by the Hindu Succession (Amendment) Act, 2005. Succession are of two types-
Testamentary and Interstate Succession. He also discussed about Doctrine of Prospective
Over-Ruling.

Class III- GRCO (CRIMINAL)

Presented by- Sri K.N.Panigrahi, Rtd. DJ.

1
1972 Vol (1) CWR 438
2
1997 (2) OLR 444
Commitment Register is mentioned in R-42 and Sessions Register is mentioned in Rule-23.
Sir discussed about Mobile Court. Rule 73 states that Judicial Magistrate who have power to
take cognizance should comply with the requisitions for holding Mobile Courts but always
subject to their previous engagement in the Court.
Rule 74 states that Mobile Court magistrate should disassociate himself from police officers.
Fine related offences are triable in mobile court. No substantive punishment should be given
by mobile court. After sunset, no mobile court is to be conducted. It can only be conducted
with the permission of Chief Judicial Magistrate.

Class IV- Limitation Act

Presented by- Sri B.K.Mohanty, FM, OJA

The basic concept of limitation is relating to fixing or prescribing of the time period for
barring legal actions. According to Section 2 (j) of the Limitation Act, 1963, ‘period of
limitation’ means the period of limitation prescribed for any suit, appeal or application by the
Schedule, and ‘prescribed period’ means the period of limitation computed in accordance
with the provisions of this Act. According to the provisions provided under the act, it is the
litigation which is initiated, the Appeal which is entertained and the request which are made
after the specified term which shall be dismissed even though the limitation is not raised as a
defence. There is no uniform of limitation for the suits under which the classifications have
been attempted.

25.09.2018

Class I- Ownership and Possession

Presented by- Justice B.K.Nayak, Former Judge, OHC

This class started with a discussion on the definition of Ownership as given by different
jurists. Ownership is the relationship between a person and an object which he owns having
complex bundle of rights. It is indeterminate in duration. The owner has a residuary right.
The subject matter of ownership are lands, goods and chattels. It is not only limited to this but
also interest in land. Any encumbrances attached to property is also property.
Further, Sir told us about the types of Ownership.
- Corporeal: Ownership by material objects
- Incorporeal: Mere right (E.g. Easement, Debt due)
- Sole ownership: right of ownership vesting in a single person
- Co- ownership: Ownership vesting on 2 or more persons. It is further divided into
Joint ownership and ownership-in-common.
- Legal Ownership: In the rules of common law
- Equitable Ownership: Merely principles of justice
- Vested Ownership: ownership is already perfect
- Contingent Ownership: title/ownership is imperfect and capable of becoming
perfect on the happening of an event.
Reliefs with regard to property: Injunction, Declaration.
Further, he told us about the modes of acquiring possession:
- Taking- occurs when there is no previous owner
- Delivery- occurs when there is a previous owner
- By operation of law
He also discussed about the kinds of possession:
 - Immediate Possession- Physically possessing something
- Mediate Possession- When you possess it through another medium.
- De-jure possession: legal possession
- Constructive possession- legal possession without actual possession. It has right to
retrieve possession to himself.
- Adverse Possession: Article 64 and 65, Section 27 of Limitation Act.
Jus-terti: Taking of plea that property belongs to another.

Class II- Constitution

Presented by- Justice D.P.Choudhary, Former Judge, OHC

Sir started this class with a discussion on the duties of Mahanta.

- They have property rights
- Restriction imposed by any scheme shouldn’t hinder mahantas
- Encourage and foster spiritual training
- Mahanta should have complete freedom. No outside person has any jurisdiction.
However, Unreasonable expenditure cannot be made by Mahantas.
- No laws should be made in repugnant to laws of Mahantas.
- Standard scale of expenditure- approval of endowment is necessary
- Personal gifts to mahantas by his disciples or other persons would become his own
absolute property.
Further, Sir discussed Article 21, 22, 24 of UNDHR.
We also had a discussion on Article 31A, 31B, 31C of the Constitution of Act.
Furthermore, Fundamental duties were discussed i.e. Article 51A.
The Directive Principles of State Policy were also discussed. The difference between Part III
and Part IV of Constitution has been discussed in Akhil Bharatiya Sangha Case3.

Class III- GRCO (CIVIL)

Presented by- Sri B.P.Parija, Rtd. DJ.

This session started with a discussion of Court hours provided in GRCO (Civil). Further, he
discussed about Rule 6 i.e. Case Diary and the Form No. (R) 8. Case Diary: Activities that
you do in a particular day to be maintained. It is known as mirror of the court. Every month,
the Magistrate have to submit a statement to the CJM. Further, Sir gave us a practical
example of how case diary is to be maintained and how the columns are to be filled. He also
discussed about Routine Duty and Daily Cause List provided in GRCO (Civil).

Class IV- Limitation Act

Presented by- Sri B.K.Mohanty, FM, OJA

3
1981 (1) SSC 246
In this session, Sir taught us the provisions contained in Section 12 to Section 27 of the
Limitation Act. Section 12 to 24 of the Act prescribes the provisions regarding computation
of period of limitation.
Section 25 to 27 deals with the provisions regarding acquisition of ownership by possession
with a comparative discussion on easement and adverse possession.
Sir concluded the session with a discussion on certain case laws.4

26.09.2018

Class I- OCH & PFL Act

Presented by- Hon’ble Justice A.S.Naidu, Former Judge, OHC

This class started with a discussion on ROR prepared by consolidating authority. This Act is
only applicable only to those places where it has been notified. Consolidation is a time bound
provision. Operation of Service Settlement Act, Mutation Act are kept in abeyance on the
date or during the consolidation period. Pending civil suit shall abate. 5 Section 5 talks about
cancellation of notification. It can be done at any stage.6
Publication of records and issue extracts: within 30 days of publication, any objections can be
filed within 30 days with Assistant Consolidation Officer. Objections to be disposed of by:
- By conciliation
- No adjudication
The dispute disposal can be done by Consolidation Officer. Whatever is decided by him, the
appeal lies to Deputy Director of Consolidation. Revision power is with the commissioner of
consolidation.
Further, he also taught us that during survey settlement certain things are to be kept in mind.
Any transfer without permission is Void. 7 Even after closure of consolidation operation,
Commissioner can call for record.

Class II- Hindu Succession Act

Presented by- Justice B.K.Mishra, Former Judge, OHC

In this class, the provisions relating to Testamentary and Inter-state succession were
discussed. The effect of Probate was further discussed. Testator is presumed to be sane until
contrary is proved. He also gave us the characteristics of Will:
- Legal declaration (After death of testator)
- Whether property was coparcenary property
- Will can be executed even in respect of joint family property
- Section 30 of Hindu Succession Act cannot be extended in case of gifts.
He also discussed about ancient adoption.

Class III- GRCO (CIVIL)

Presented by- Sri B.P.Parija, Rtd. DJ.

4
AIR 1993 SC 2324.
5
2012 (1) CLR 726
6
1989 (1) OLR 367
7
2016 Vol. 2 OLR 1119
This session started with discussion on Court language i.e. Rule 9. If the Court is unable to
understand the language of witness or accused, then an interpreter shall be appointed. Before
that, the consent of counsel as to who is not connected with the facts and circumstances of the
case. He further discussed about the seals given in GRCO. There are two types of Stamp:
Adhesive and Impress stamp. Further, Guard File as provided under Rule 538 was discussed.
We also learnt about Adjournments.

Class IV- Indian Contract Act

Presented by- Sri P.K. Sarkar

In this session, Sir discussed the provisions related to Section 1 to 10 of the Contract Act. Sir
started the discussion related to what makes a contract. First there should be a promise, that
promise must be with consideration and when it is enforceable by law, it is called as contract.
Sir also defined terms like consideration, promise and also interpreted the same. Section 10 of
the Act which states necessary ingredients of a Contract.

27.09.2018

Class I- Constitution

Presented by- Hon’ble Justice D.P.Chaudhury, Former Judge, OHC

Sir started this class by discussing few problems based on Article 31A, 31B, 31C along with
other fundamental rights. Article 32 provides remedies for enforcement of rights including
right to move the Supreme Court by appropriate proceedings for the enforcement of the rights
conferred by Part III.
Sir also enlightened us about 5 types of writs in which the Supreme Court shall have power to
issue directions or orders.
- Habeus Corpus
- Mandamus
- Prohibition
- Quo Warranto
- Certiorari

Class II- Departmental Inquiry

Presented by- Sri M.P.Mishra, Rtd. DJ

In this session, Sir told us about departmental proceeding which is a part of the Odisha Civil
Services (Classification Control and Appeal) Rules 1962. Sir told us that Article 309 defines
set of rules.
There are mainly two authorities for a judicial officer.
a) Appointing authority- Governor of the State
b) Disciplinary Authority- High Court
Sir told us about different punishments provided in the rule.
 Fine
 Censure
 Withholding of annual increment without cumulative effect
 Withholding of promotion
 Recovery of money of loss suffered by government
 Suspension
  Reduction to lower rank or grade or post
 Withholding of increments with cumulative effect
 Compulsory retirement
 Removal from service
 Dismissal

Class III- Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes)
Regulation 1956

Presented by- Sri B.K.Mohanty, Rtd. DJ

This Regulation has been made for the weaker section of society. It prevents illegal transfer
of Schedule tribes to protect their interest. Article 366 (25), 342 and 366 (10) defines
Schedule tribe as well the principles related to it.
Sir then discussed the objectives, enactments and different definitions associated with the
regulation. Under Section 3, transfer of immovable property of a schedule tribe under
schedule area is null and void unless there’s a previous permission in writing of competent
authority. Sir also told the penal provisions related to the regulation under Section 7 of the
Act.

Class IV- Indian Contract Act

Presented by- Sri P.K. Sarkar

In this session, Sir started the class discussing the term “Consensus ad idem” i.e. prior
meeting of mind, without this a valid contract can’t be made. Sir also discussed that
beneficiary by a stranger to a contract can file a case though he is not a party to the Contract
under Indian Contract Act. Promise can be made for a promise. As per Section 11 of the Act,
a contract by or against minor is void. Sir also defined rules related to quasi-contract along
with Section 70 of Indian Contract Act.