Particulars of Organization, Functions & Duties
[Section-4 (1) (b) (i)]
1. The Particulars of its Organization, Functions and Duties:
The Particular s relating to establishment, functions and duties of Odisha High Court has been fixed according to Odisha High Court Order, 1948.
2. History & Background of its Establishment:
a) The Odisha High Court Order, 1948 says that as from the 26th day of July, 1948 (herein after reffered to as "The Prescribed day") there shall be a High Court for the province of Odisha which shall be a Court of record and shall consist of a Chief Justice and such Other Judges as the Governor General of India may from time to time whether before or after the prescribed day appoint in accordance with the provisions of Section 220 of Govt. of India Act, 1935.
b) Accordingly, the Odisha High Court was established on 26th July, 1984 and is functioning at Cuttack.
c) The High Court Office is consisting of two departments namely, the administrative Department to carry on the Administrative business of the Court on its Appellate side and the Judicial Department which shall mean and include all the rest of its.
d) High Court to be Courts of Record- The High Court shall be a Court of record and shall have all the power of such a Court including the power to punish for contempt of itself.
A) Power of High Court to issue certain Writs:
1) Not withstanding anything in Article 32, the High Court shall have power throughout the territories in relation to which it exercises jurisdiction to issue to any person or authority, including in appropriate cases any Government, within those territories directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warrant and certiorari, or any of them for the enforcement of any of the rights conferred by Part- III and for other purpose.
2) The Power conferred on a High Court by Clause (1) shall not be in derogation of the power conferred on the Supreme Court by Clause (2) of Article 3.
B) Power of Superintendence over all courts by the High:
1) The High Court shall have Superintendence over all Courts and Tribunals throughout the territories in relation to which it exercises jurisdiction.
In view of Rule- 4 of the Odisha Inspection of subordinate Courts (by the High Court) Rules, 2004.
i) The High Court shall inspect once in every two years all Superior Courts and Tribunals over which it exercises jurisdiction.
ii) The Chief Justice or the Judge- in- charge of the Judgeship/District as would nominate by the Chief Justice shall make regular inspection of the Subordinate Courts.
iii) Casual inspection and surprise visit can be conducted at any time by the Judge-in- charge of the Judgeship with the prior consent of the Chief Justice or by the Chief Justice himself whenever it requires.
2) Without Prejudice to the generality of the foregoing provision the High Court may:
a) Call for returns from such Courts .
b) Make and issue general rules and prescribed forms for regulation the practice and proceedings of such courts.
c) Prescribe forms in which books, entries and accounts shall be kept by the officers of any such Courts.
3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practicing therein.
Provided that any rules made, forms prescribed or tables settled under Clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor.