The Orissa High Court on Thursday said that in view of the orders passed by the Supreme Court in In Re: Cognizance for Extension of Limitation on April 27, the limitation period of filing prescribed under the general law or Special Laws stands extended until further orders. A Division Bench comprising of Chief Justice Dr. S. Muralidhar and Justice BP Routray, while hearing the...
The Orissa High Court on Thursday said that in view of the orders passed by the Supreme Court in In Re: Cognizance for Extension of Limitation on April 27, the limitation period of filing prescribed under the general law or Special Laws stands extended until further orders.
A Division Bench comprising of Chief Justice Dr. S. Muralidhar and Justice BP Routray, while hearing the suo moto case pertaining to extension of limitations noted that the need for it to pass any separate order on the above aspect of extension of limitation is obviated.
However, the Bench has issued following directions on the aspects that are not covered by the above Supreme Court order:
- All interim orders/directions issued or protection granted including any order requiring any compliance by the parties to such proceedings, by this Court or any court subordinate to it or any Family Court or Labour Court or any Tribunal or any other Judicial or Quasi Judicial forum in the State of Odisha, over which this Court has power of superintendence, subsisting as on this day, and those passed hereafter, unless a longer date is specified, shall stand extended till 30th June, 2021.
- The interim orders or directions of any court in the State, which are not of a limited duration and were meant to operate till further orders, shall continue to remain in force until modified / altered / vacated by specific order of the court concerned in a particular case.
- Filing of written-statement or return in any Suit or proceeding pending before any Civil Court or any other forum, unless specifically directed, shall stand extended till 30th June, 2021. It is however clarified that, if the parties are in a position to file such written-statement or return, they may file it before such date.
- The orders of eviction, dispossession, demolition, etc. passed by this Court or any court subordinate to it or any Tribunal or judicial or quasi judicial forum, except those in relation to medical jurisdiction, shall remain in abeyance till 30th June, 2021.
- All orders granting interim protection in applications under Section 438 Cr PC by the High Court or Sessions Courts and limited by time-frame specifying an expiry date, shall stand extended till 30th June, 2021. However, any party aggrieved by the conduct of the accused on such interim protection, may move the Court in seisin over the matter for cancellation of the interim protection, if prejudice is caused to him / her.
- All orders granting interim bail under Section 439 Cr PC by the High Court or Sessions Courts and limited by timeframe specifying an expiry date, shall stand extended till 30th June, 2021 subject to the condition that, on every 10th day from today the defence counsel shall file a petition supported by affidavit before the competent court in seisin over the matter, to the effect that the person on interim bail is not abusing his/her liberty and he/she is living within the jurisdiction of the Court. If the 10th day falls on a holiday, such affidavit may be filed on the re-opening day succeeding next.
- Parole granted to a person through orders passed by a Court exercising the criminal jurisdiction and limited by timeframe specifying an expiry date, shall stand extended till 30th June, 2021.
- Unless there is necessity of arrest for maintenance of law and order, in a cognizable offence prescribing sentence up to seven years imprisonment, the police should not be in a hurry to arrest the accused without complying with the provision of Section 41(A) Cr PC. This shall be effective till 30th June, 2021. (This is however not an interdict or a direction to curb power of the police to arrest, but on the face of the crisis, an advisory to be followed by the police so far as it is practicable and possible).
- State Government or any of its Department or any Municipal Corporation / Council / Board or any Gram Panchayat or any other local body or any other agency and instrumentality of the State, except where it is a medical facility, in case lockdown prevails, shall not take any action for eviction, and demolition in respect of the property, over which any citizen or person or party or any Body Corporate has physical or symbolic possession as on today till 30th June, 2021.
- If the Government of Odisha and/or any of its Department and/or functionaries, Central Government and/or its departments or functionaries or any Public Sector Undertakings or any Public or Private Companies or any Firm or any individual or person is/are, by the order of this Court or any Court subordinate to it or the Tribunals, required to do a particular thing or carry out certain direction in a particular manner in a time frame, which expired or is going to expire at any time, during the period of lockdown or the extended lockdown, if there is any, time for compliance of such order shall stand extended up 30th June, 2021, unless specifically directed otherwise.
The Court has further clarified:
Those interim orders / directions, which are not for a limited duration and are to operate until further orders, shall remain unaffected.
In case, extension of interim orders causes undue hardship and prejudice of any extreme nature to any party, such party would be at liberty to seek appropriate relief before the competent Court.
Direction no. (10) shall not be a bar if the State is required to resort to eviction or demolition for any urgent public purpose in the larger interest of the public.
Case Title: In Re: Court on its Own Motion v. Union of India & Ors.
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