Orissa High Court
‘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.”
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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.”
Once school declared an aided educational institution, State Education Tribunal has jurisdiction to adjudicate questions of employment & not Regional Director: Orissa HC
“The School was given the status of grant-in-aid and become a non- Government aided educational institution within the meaning of Section 2(b) of the Orissa Education Act, 1969 during pendency of the appeal, which was related to the termination of services of the school peon, the Regional Director ceased to have jurisdiction and it was the State Education Tribunal, which was the competent forum to adjudicate.”
HIGH COURT MAY 2024 WEEKLY ROUNDUP | Stories on Delhi serial bomb blasts; Karnataka State Legislative Elections 2023; Childbirth after sterilization; and more
A quick legal roundup to cover important stories from all High Courts this week.
[Childbirth after sterilization] Orissa HC orders Rs. 30K compensation to woman who delivered child after sterilization, considering economic status
The petitioner underwent sterilization when State promoted the Green Card Scheme, whereby, having two-children or fewer was promoted, through various incentives like providing landed properties, reservation of seats in higher education for those two children.
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Orissa HC directs Sambalpur University to pay 5 lakh compensation for wrongly declaring student as ‘fail’, causing loss of 10 years of professional life
“Loss of efficient examination conduction can cause anxiety and uncertainty among students while hindering their ability to make informed decisions, and such actions should be compensated by the authorities concerned.”
‘Undertrial and convict cannot seek habeas corpus for release citing infringement of right to life and liberty’; Orissa HC denies relief to maoist leader Sabyasachi Panda
Sabyasachi Panda has been in custody for the last nine years as an undertrial prisoner in 131 cases and was acquitted in 89 cases.
HIGH COURT MARCH 2024 ROUNDUP | Stories on 2006 Mumbai fake encounter; Arvind Kejriwal Arrest; W.B. Assembly Election 2021; UPSC Prelims 2024; and more
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