Orissa HC Orders Release Of Benefits With Arrears To 100-Yr-Old Freedom Fighter Denied Pension For Lack Of Incarceration Proof

In a notable order, the Orissa High Court has come to the relief of a centenarian freedom fighter who was denied pension and other benefits by the State and Union Governments for want of proof of his incarceration during the struggle for freedom, as per the existing rules.While highlighting the noble objects with which the pension schemes have been framed, Justice Sashikanta Mishra in his order observed –“…it would be too much to expect the petitioner to produce clear-cut or...

'Shocked & Deeply Pained': Orissa High Court Summons Health Secretary Over Encroachment, Mismanagement At Paediatric Hospital

The Orissa High Court has expressed shock over the 'distressing condition' in which the Sardar Vallabhbhai Patel Post Graduate Institute of Paediatrics (Sishu Bhawan) is functioning and has asked the Secretary, Department of Health & Family Welfare of the State Government to personally appear to address the issue.Upon being informed about the pathetic condition of the premiere...

Dispute Related To Infringement Of Copyright Is Arbitrable, Arbitrator Can Be Appointed U/S 11 Of Arbitration Act: Orissa High Court

The Orissa High Court bench of Chief Justice Chakradhari Sharan Singh has held that dispute related to infringement of copyright is arbitrable for which arbitrator can be appointed by the court under section 11 of the Arbitration Act. Brief Facts The present application has been filed under section 11(6) of the Arbitration Act, seeking appointment of an Arbitrator to resolve...

Orissa High Court Orders ₹50 Lakhs Compensation & Family Pension To Widow Of On-Duty Constable Who Died Of COVID-19

The Orissa High Court has ordered the State authorities to pay an ex-gratia compensation amount to the tune of rupees fifty lakhs along with special family pension to the widow of a police constable who died of COVID-19 while on-duty.Discarding the argument of the State that the deceased was not deployed in field duty, the Single Bench of Justice Krushna Ram Mohapatra observed –“He might...

Common People Shouldn't Be Frightened By Complex Court Procedures, No Place For Fear In Independent India: President Droupadi Murmu

The President of India Droupadi Murmu said that there is no place of fear in independent India and the system must ensure that common people are not scared of approaching Court and resorting to Court procedures.The President was speaking at Bhubaneswar on Thursday where she inaugurated the new Judicial Court Complex for the judgeship of Khordha district. The event was attended by Raghubar...

S. 106 TP Act | 15 Days' Notice To 'Tenant Holding Over' A Must Before Eviction: Orissa High Court

The Orissa High Court has reiterated that the lessor is required to give a minimum 15-days-notice to the lessee in the nature of 'tenant holding over', as prescribed under Section 106 of the Transfer of Property Act, before seeking to evict him from his immoveable property.While deciding a regular second appeal, the Single Bench of Justice Sashikanta Mishra explained the vital differences...

If State Doesn't Question Suit Maintainability For Lack Of Notice U/S 80 CPC In Written Statement, It Can't Do So At Appellate Stage: Orissa HC

The Orissa High Court has reiterated that the State and its agencies cannot challenge the maintainability of a suit, for the first time at the stage of appeal, on the ground that no prior notice as prescribed under Section 80 of the Code of Civil Procedure was issued to them before instituting the suit.Clarifying the position of law, the Single Bench of Justice Ananda Chandra...

Trader Not Liable To Pay Social Welfare Surcharge On Customs Duty Which Is Exempted Under MEIS Scheme: Orissa High Court

The Orissa High Court has held that Social Welfare Surcharge (SWS) leviable on customs duty will be nil where a trader is exempted from paying customs duty under the Merchandise Exports from India Scheme (MEIS).Section 110 of the Finance Act 2018 contemplates levy of SWS on imported goods specified in the First Schedule to the Customs Tariff Act, 1975. As per sub-section (3), SWS is calculated...

'Pensionary Benefit To Retired Employees Is A Vested Right Subject To Fulfilment Of Prescribed Conditions', Orissa High Court Dismisses Claim For post-retirement benefits

A Single Judge Bench of Orissa High Court comprising Justice Dr. S.K. Panigrahi dismissed a Petition seeking pensionary benefits. The Court held that in absence of Rules specifying the grant of such rights, the Petitioner would not be entitled to any benefits.BackgroundThe Petitioner was appointed to the position of State Information Commissioner in Odisha. As per the recommendations of...

Wife Not Reporting About Missing Of Husband & Staying With Paramour Not Criminal Conspiracy U/S 120-B IPC: Orissa High Court

The Orissa High Court on Thursday held that a wife not reporting the police about missing status of husband, not trying to trace him out and living passively with another man will not amount to criminal conspiracy.While acquitting the appellant-wife of the charge of criminal conspiracy, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed –“…it is...

MSME Council Award Can Be Challenged Only U/S 34 Of Arbitration Act, Not Under Articles 226 Or 227: Orissa High Court

The Odisha High Court bench of Chief Justice Chakradhari Sharan Singh and Justice Murahari Sri Raman has upheld that an arbitral award passed by the Micro and Small Enterprises Facilitation Council (MSEFC) could only be challenged in accordance with Section 34 of the Arbitration and Conciliation Act, 1996, as mandated by Section 19 of the MSMED Act. The court held that the Single...

Wife Asking Hungry Husband To Wait For Preparation Of Food Not 'Grave & Sudden Provocation': Orissa High Court Upholds Murder Conviction

The Orissa High Court has recently held that a wife asking her husband to wait for some time to have food, as preparation of food was underway, is not grave and sudden provocation which would lead him to cause injuries to her and take away her life.While upholding the conviction of the appellant-husband for murder of his wife, the Division Bench of Justice Sangam Kumar Sahoo and...