SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ('the Act'), if no prima facie offence is made out.While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held...

Orissa High Court Formulates SOP For Disbursal Of Enhanced Pay To Judicial Officers

Pursuant to the directions given in All India Judges' Association v. Union of India & Ors., whereby the Supreme Court ordered the State Governments to pay the arrears to judicial officers in terms of enhanced pay scales as per the recommendations of the Second National Judicial Pay Commission (SNJPC), the Acting Chief Justice of the Orissa High Court Dr. Justice Bidyut Ranjan Sarangi...

Orissa High Court Weekly Round-Up: January 15 To January 21, 2024

Citations: 2024 LiveLaw (Ori) 4 To 2024 LiveLaw (Ori) 9Nominal Index:Jaga @ Jagabandhu Mohalik v. State of Orissa, 2024 LiveLaw (Ori) 4Sk. Sadab Kadir & Ors. v. Saher Saniya, 2024 LiveLaw (Ori) 5Maxi @ Maximus Soreng v. State of Odisha, 2024 LiveLaw (Ori) 6Sangram Keshari Mohanty v. State of Odisha & Ors., 2024 LiveLaw (Ori) 7Krushna Dom @ Domb v. State of Odisha, 2024 LiveLaw (Ori)...

Orissa High Court Orders Transport Commissioner To Frame Policy To Avoid Congestion Of 'Seized Vehicles' In Govt Office Premises

The Orissa High Court has directed the Transport Commissioner, Government of Odisha to discuss the issue of congestion of 'seized vehicles' in the premises of police stations, forest offices and excise offices across the State and to frame appropriate policy to decongest and to avoid unnecessary wear and tear of vehicles.While disposing of a revision petition filed by an accused under the...

'Temper Runs High In People Of Scheduled Area': Orissa High Court Alters Murder Conviction Of Man From SC Community To Culpable Homicide

The Orissa High Court, on Tuesday, altered the conviction of a man belonging to scheduled caste community from murder to one of culpable homicide not amounting to murder, inter alia, observing that temper runs high in people belonging to scheduled areas and they at times behave in 'unexpected manners'.While granting partial relief to the appellant, the Division Bench of Justice Debabrata Dash...

Assessee To Approach Tribunal On Failure Of GST Dept. To Follow CESTAT's Direction, Writ Petition Not Maintainable: Orissa High Court

The Orissa High Court has held that the writ petition is not maintainable as the assessee has to approach the tribunal on the failure of the GST department to follow the direction of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT).The bench of Acting Chief Justice Dr. B.R. Sarangi and Justice Murahari Sri Raman has observed that it is incumbent upon the authority to give...

No Departmental Proceeding Or Deduction In Retiral Benefits Post Retirement In Absence Of Enabling Provision: Orissa High Court

The Orissa High Court has reiterated that in absence of specific rule/provision, no departmental proceeding can be continued against an employee nor any deduction can be made from his retirement benefits once he retires from service while a departmental enquiry is pending against him.While granting relief to a retired academician, the Single Bench of Justice Biraja Prasanna Satapathy...

Time Of Death In Post-Mortem Report Can't Be Applied With 'Mathematical Precision': Orissa HC Acquits Man Booked For Murder Of Wife & New Born

The Orissa High Court has acquitted a man convicted by the trial Court for committing murder of his wife and new-born female baby and throwing their dead bodies inside a well in the year 1998.While giving benefit of doubt to the appellant, the Division Bench of Justice Sangam Kumar Sahoo and Justice Sanjay Kumar Mishra observed –“Though this Court has a bounden duty to render justice to...

S.12 DV Act | 'Domestic Incident Report' By Protection Officer Not Mandatory To Grant Interim Maintenance: Orissa High Court

The Orissa High Court has held that 'Domestic Incident Report' (DIR) from the 'Protection Officer' is not mandatory and hence, not a pre-requisite to grant relief to an aggrieved woman under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 ('the Act').Interpreting the above provision of the Act, the Single Bench of Justice Chittaranjan Dash observed:“Section...

Orissa High Court Weekly Round-Up: January 08 To January 14, 2024

Citations: 2024 LiveLaw (Ori) 1 To 2024 LiveLaw (Ori) 3Nominal IndexRasa @ Rasananda Bhoi v. State of Odisha & Ors., 2024 LiveLaw (Ori) 1HB v. MJ, 2024 LiveLaw (Ori) 2Jharu Naik & Anr. v. State of Odisha, 2024 LiveLaw (Ori) 3Judgments/Order Reported This Week:Doctors Should Write In Capital Letters Or Legible Handwriting: Orissa High CourtCase Title: Rasa @ Rasananda Bhoi v. State...

Mere 'Absconding' Not Conclusive Proof Of Guilt Against Accused In Cases Of Murder: Orissa High Court

The Orissa High Court has clarified that merely because an accused person absconded, he cannot be held guilty of the alleged crime and in cases of grave crimes like murder, the solitary conduct of the accused in absconding may not be given undue weightage ignoring other factors.While reiterating the position of law, the Division Bench of Justice Sangam Kumar Sahoo and Justice Sanjay Kumar...

Person Added As Accused U/S 319 CrPC During Trial Can Also Apply For 'Anticipatory Bail' U/S 438 CrPC: Orissa High Court

The Orissa High Court has held that a person, who is added as an accused during trial by the Court under Section 319 of the Code of Criminal Procedure, is also entitled to seek anticipatory bail if he is summoned by the Court.The Single Bench of Justice Sashikanta Mishra clarified that under Section 319(3) of the CrPC, the trial Court is empowered to detain a person summoned by it for the sake...