SC Collegium recommends appointment of Justice Harish Tandon as Chief Justice of Orissa HC
A vacancy in the office of the Chief Justice of the High Court of Orissa arose consequent upon retirement of Justice Chakradhari Sharan Singh.
Orissa HC
Impersonation for Padma Shri Award | Orissa HC directs Doctor & Journalist with same name to produce relevant materials to substantiate claims for recognition
The petitioner alleged that the respondent and him have the same name- Antaryami Mishra, and following the same, the respondent impersonated the petitioner and fraudulently secured the Padma Shri Award in 2023.
‘Chastity of woman is priceless possession, if husband doubts wife’s character without proof, she has enough reason to live separately’; Orissa HC
In the matter at hand, the Family Court ordered for payment of Rs. 3,000/- maintenance. The High Court noted that without producing any proof of the infidelity of his wife, the husband simply character assassinated his wife.
Orissa HC initiates contempt case against former constable and his advocate questioning partiality of two Judges in Full Bench
“The affidavit raising the preliminary objection stated- That as the two Judges of Larger Bench have already disagreed with the view of the earlier Division Bench, their presence in the Full Bench will be a hindrance for an independent and open mind hearing. The point of law/question of law referred to be determined cannot be fair and unbiased. That, in this premises, the view of a third Judge will be immaterial as the disagreed view of the two judges will prevail. It is just like loosing of the case by the sole respondent is preordained.”
Compounding of the offences permitted under IT Act; Orissa HC refuses to exercise power under S. 482 for quashing proceedings under S. 276(B) of Income Tax Act
The Circular dated 17-10-2024 issued by the Central Board of Direct Taxe provides fresh guidelines for compounding of offences under the Income Tax Act.
Orissa HC directs installation of CCTV cameras in all police stations and out-posts by 31st March
The State Officials/police personnel have been directed to strictly follow the SOP formulated by the State Government on ‘Arrest of and Interaction with Members of Armed Forces in Police Stations’, and to circulate the same in Odia language to all the police stations and the police outposts of the State.
‘Suppression of criminal antecedents & failure to disclose pending FIRs has significant consequences’: Orissa HC upholds cancellation of candidature for Junior Overman post
“The role of a writ court to interfere with the discretionary power of the appointing authority is necessarily limited. This discretion, however, must be exercised judiciously, with due regard to the principles of fairness, proportionality, and the objectives of public service. The authority retains the prerogative to evaluate a candidate’s fitness/ including instances of prior criminal antecedents or suppression of information.”
‘Objective of Freedom Fighters’ Pension Scheme to honour genuine freedom fighters without harassment or delay’; Orissa HC directs for release of pension to 100-yr-old freedom fighter
The Scheme requires submission of two co-prisoners’ certificates as incarceration proof, however, the petitioner was able to submit only one affidavit from a co-prisoner. The Court accepted the same as sufficient proof of the petitioner’s claim.
‘Anathema to democratic & orderly society’; Orissa HC grants bail to young woman lawyer over alleged custodial assault, harassment
The petitioner- accused is a practising lawyer and daughter of a Brigadier of the Indian Army. However, instead of registering her complaint for road rage, it was alleged that the Police personnel started misbehaving with her and her Indian Army Major- friend.
Dr Justice Bidyut Ranjan Sarangi, Chief Justice of Jharkhand High Court, bids farewell after a brief tenure of 15 days
A stellar career spanning 28 years as an advocate and 11 years as a Judge, Dr Justice B.R. Sarangi’s resume simply speaks for itself. Elevated as Chief Justice of Jharkhand High Court on 05-07-2024, Dr Justice Sarangi retires on 19-07-2024 after a brief tenure of 15 days.
Orissa HC sets aside wife’s conviction u/s 302 for setting husband ablaze with kerosene for lack of clinching evidence
“A very careful, cautious and meticulous appreciation of evidence is necessary when the case is based on circumstantial evidence, the prosecution must elevate its case from the realm of ‘may be true’ to the plane of ‘must be true’.”
A commissioning mother, who begotten child through surrogacy is entitled to maternity leave and other benefits: Orissa High Court
“A child born out of surrogacy to be treated in the similar manner as a child born out of the natural process and provide the commissioning mother with all the benefits provided thereto.”
‘Reluctance to marry after engagement cannot be made penal offence’; Orissa HC quashes Trial Court’s cognizance order for offence u/s. 306
“The case unveils the kind of damage caused in the minds of young people due to societal pressure, particularly in this age where psyche of the society as a whole is dominated by internet and social media platforms. It is unfathomable that a highly educated young girl, who was pursuing her Ph.D in Electrical Engineering, could even thought of taking her own life.”
Orissa HC upholds OSEPA merit list for recruitment of Schematic Junior Teachers; holds Clause 8.3 of Resolution for district wise draft merit list violative of Art. 14 & 16
“It is settled law that a recruiting agency for recruitment to a public post is under obligation to strictly follow the terms of advertisement if it lays down a procedure for selection as well as a statutory rules, if any, governing such recruitment/selection process.”
Bail in NDPS | Orissa High Court grants bail to accused possessing 22 kgs Ganja for being a first-time offender
“The Court noted the progress in the investigation and directed to release the accuse. However, it was clarified the order shall not be implemented if it is discovered that the accused has any criminal antecedents.”
[Rape & Murder of 6-yr-old] ‘Every saint has past & every sinner has future, human endeavour should be to hate sin & not sinner’; Orissa HC commutes death sentence to life imprisonment
“In case of no material on record including circumstances to satisfy the ingredients of ‘rape’ or ‘aggravated penetrative sexual assault’ committed on the deceased minor, it would be too risky to convict the accused either under Section 376-AB of the IPC or under Section 6 of the POCSO Act. The ingredients of offence under Section 354 of the were squarely made out.”
Whether accused under custody in one case can seek anticipatory bail for another case? Orissa HC answers
“The investigating agency, if it feels necessary for the purpose of interrogation, can seek remand of the accused whilst he is in custody in connection with the previous case and if such order granting remand is passed, it would no longer be open to the accused to seek anticipatory bail, but he can seek regular bail.”
Reasonable opportunity should be given to accused to fulfill conditions of bail: Orissa High Court
Bail was granted to the accused on 03-10-2023, however, the bail bond was not accepted by the Trial Court for a delay of three days in complying with the conditions of bail.
Read why Orissa HC altered brother’s conviction from S. 307 to S. 326 IPC for shooting arrow at brother and causing grievous injury
“The ‘intent’ under Section 307 of the IPC cannot be determined solely by the severity of the harm done to the injured.”
Bar on grant of anticipatory bail in cases under SC and ST Act not absolute when alleged offences, prima facie, not made out: Orissa HC reiterates
The Orissa High Court granted anticipatory bail to a doctor for his apprehension of arrest in a case related to medical termination of pregnancy, where a premature baby girl was born.