HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Reliance; Rights of Disabled Persons; NEET UG 2024; Organ trafficking; Bhopal Gas Tragedy and more
A quick legal roundup to cover important stories from all High Courts this week.
Orissa High Court
‘Citizen’s Charter would be a pioneering influence in BMC’s initiatives’; Orissa HC directs introduction of Charter for timely public services
“Information and Facilitation Counters, Public Grievance Cells are the basic ingredients for materializing the citizen’s charter and should be set up along with new software for public grievance redress and monitoring system to enable a centralised system of redressal and monitoring.”
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Briar App; Internet Gaming Disorder; Dalai Lama; Centipede in Amul Ice-cream and more
A quick legal roundup to cover important stories from all High Courts this week.
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’.”
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Lakshmi Puri’s defamation; Agniveer recruitment; Cancer patient’s termination of pregnancy; and more
A quick legal roundup to cover important stories from all High Courts this week.
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.”
Dr. Justice Bidyut Ranjan Sarangi appointed as 15th Chief Justice of Jharkhand High Court
Supreme Court Collegium on 27-12-2023 recommended the appointment of Dr. Justice B R Sarangi, as next Chief Justice of Jharkhand High Court after the post fell vacant with the retirement of former Chief Justice, Justice Sanjaya Kumar Mishra on 28-12-2023.
‘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.”
‘Awards of Lok Adalat are not independent verdict, should strive to function as conciliators and have no jurisdiction to try policy matters’: Orissa HC
“The Lok Adalat should resist their temptation to play the role of regular Judges rather they should constantly strive to function as conciliators. The endeavour and effort of the Lok Adalats should be to guide and persuade the parties, with reference to principles of justice.”
Orissa High Court explains scope of High Court’s power under Section 37 of Arbitration and Conciliation Act
Orissa High Court held that the court’s intervention is limited and emphasised on the autonomy of the arbitral process and the finality of the arbitral award.
Orissa HC upholds Forest Rangers’ promotion who were promoted through reservation under OFS Group A (JB), 2013
“Denial of consideration of the cases of the appellants, who had completed five years of continuous service in the rank of OFS Group-A (JB) for their promotion in the rank of OFS Group-A (Senior), would amount to nullifying their promotions to the rank of OFS Group-A (JB) from the post of Forest Rangers, without following due procedure.”
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.”
Orissa HC sets aside husband’s conviction for wife’s murder for having no link in chain of circumstantial evidence & failure to prove last seen theory
“It is never the intention of the legislature to say that merely because two persons were residing together in a house along with others and one of them suffered homicidal death, it would not necessarily mean that the deceased was last seen in the company of others.”
Orrisa High Court overturns conviction in 12-year-old religious riot & mob attack murder case
“The evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only and it does not have any bearing upon a co-accused, who have been tried on the basis of evidence recorded in separate trial, though for the commission of same offences charged has been framed in both the trial.”
‘Criminal justice not one-sided, balance b/w conflicting rights & duties must be drawn’; Orissa HC permits recall of witness at stage of death reference
The Court permitted to put the questions mentioned in the questionnaire to the informant in the cross-examination. Regarding the evidentiary value of the same, the Court added that it will be decided during hearing of the criminal appeal and the application for confirmation of sentence.
POCSO| ‘No absolute bar on recalling victim witness but each case must be evaluated on its own evidence’; Orissa HC dismisses application to recall child victim to Court
“There is no absolute bar under Section 33(5) of the POCSO Act to recall a victim witness, every case has to be weighed on the strength of its own evidence and necessity of recalling the child victim.”
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Electro Homeopathy; Right to Education; Universal Studios; Custodial Torture, and more
A quick legal roundup to cover important stories from all High Courts this week.
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Manual Scavenging; Union Minister Amit Shah; Rape & Murder of 6-yr-old; Victims of Terrorism; and more
A quick legal roundup to cover important stories from all High Courts this week.
[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.”