Orissa High Court
Orissa High Court Grants ₹2 Lakh Interim Compensation For Death Of Man Who Allegedly Fell From Moving Train While In Police Custody
The Orissa High Court has ordered rupees two lakh interim compensation to the mother of a 22 year-old man who allegedly died of falling from moving train while he was under the custody of the police.The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi held:“Though the authorities have termed the incident as a negligent act of the deceased, foul play cannot be ruled out at this...
S.133 CrPC | Magistrate's Duty To Remove Encroachments From Public Properties 'Mandatory' In Nature; Orissa High Court Issues Guidelines
The Orissa High Court has issued a slew of guidelines to Executive Magistrates for the removal of encroachments from public properties. It has further clarified that any dereliction in complying with the guidelines would entail disciplinary action against such Magistrates.Construing the duty of Magistrates under Section 133 of the Code of Criminal Procedure to be 'mandatory' in nature,...
Odisha Court Awards Death Sentence To Five Persons For Committing Murder, Chopping & Attempting To Eat Body Parts Over Political Rivalry
A Sessions Court in Odisha's Keonjhar has convicted and sentenced five persons to capital sentence and ordered to hang them by neck till death for committing murder of an ex-Block chairman and Congress leader, amputating his hands and legs and attempting to eat the body parts.Describing the depravity with which the crime got unfolded, the Additional District & Sessions Judge of Anandapur...
Passing Orders Without Granting Opportunity For Cross-Examination Violative Of Principles Of Natural Justice: Orissa High Court
The Orissa High Court has held that denying the opportunity for cross-examination of witnesses before passing orders, involving civil consequences is violative of the principles of natural justice.While granting relief to the petitioners against the order of the Railway Tribunal, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed:“Justice must not only be done but must also...
Denying Compassionate Appointment To Dependant 'Married Daughters' Violative Of Articles 14, 15 & 16(2) Of Constitution: Orissa High Court
The Orissa High Court has reiterated that married daughters cannot be denied of benefits under the Rehabilitation Assistance Scheme for appointment on compassionate grounds, after death of their fathers while in service.While granting relief to a lady, who was denied compassionate appointment on the ground of her marriage pursuant to the application, the Single Bench of Dr. Justice Sanjeeb...
Orissa High Court Annuls 2019 Election Of Congress MLA Mohammed Moquim For Improper Declaration Of Pending Criminal Cases
The Orissa High Court, on Monday, nullified the election of Congress MLA Mohammed Moquim from Barabati Constituency in Cuttack. While holding the 2019 election of the legislator to be void, the Single Bench of Justice Sangam Kumar Sahoo observed –“…the Respondent has not made proper and full declaration about the thirteen criminal cases pending against him in the affidavit filed in Form...
Excess Payment Made To Govt Employee Without His Fault Can't Be Recovered From His Leave Encashment Benefits After Retirement: Orissa High Court
The Orissa High Court has held that excess payment made to a government employee cannot be recovered by the employer from his 'leave encashment benefits' after his retirement, especially when it is apparent that the excess payment was erroneously made by the employer without any fault on the part of the employee.Granting relief to a former Mail Man in the postal department, the Division Bench...
Orissa High Court Asks State To Apprise Steps Taken To Provide Free Medical Treatment & Surgeries To Acid Attack Victims
The Orissa High Court has asked the State to apprise it about the steps taken by the Government to provide free medical treatment and reconstructive surgeries to the victims of acid attacks.The Single Bench of Justice Sangam Kumar Sahoo was hearing a bail application filed under Section 389 of the CrPC by a person convicted for causing assault to the victim by acid attack. On the previous...
Justice Chakradhari Sharan Singh Takes Oath As 34th Chief Justice Of Orissa High Court
Justice Chakradhari Sharan Singh, senior-most puisne Judge of the Patna High Court, on Wednesday, took oath as the 34th Chief Justice of the Orissa High Court. Raghubar Das, Governor of Odisha administered him the oath of office.His name was recommended for the post by the Collegium of the Supreme Court on November 2, 2023. The Centre notified his appointment last week.While recommending...
Murder Conviction Can't Be Solely Based Upon Evidence Found From 'Microscopic Hair Comparison': Orissa High Court
The Orissa High Court has recently held that the evidence adduced from the 'microscopic hair comparison' cannot be solely used to record a conviction for murder against an accused person.While doubting the conclusive nature of such scientific evidence, the Division Bench of Justice Sangam Kumar Sahoo and Justice Sanjay Kumar Mishra observed –“In Modi's “A text book of Medical...
Acting CJ Of Orissa High Court Reconstitutes Commercial Appellate Division Comprising Justices AK Mohapatra & MS Raman
The Acting Chief Justice of the Orissa High Court Dr. Justice Bidyut Ranjan Sarangi has reconstituted the 'Commercial Appellate Division' having a single Division Bench comprising Justice Aditya Kumar Mohapatra and Justice Murahari Sri Raman.Section 5 of the Commercial Courts Act, 2015 empowers the Chief Justices of High Courts to constitute Commercial Appellate Division having one or...
