Orissa High Court Orders ₹10 Lakh Compensation For Father Of Minor Mauled To Death By Stray Dogs In 2016

The Orissa High Court, on Wednesday, ordered the Puri Municipal Corporation to pay rupees ten lakhs compensation to the father of a minor boy who was attacked and mauled to death by four street/stray dogs in 2016.While fixing the responsibility of the Municipal Corporation, the Division Bench of Acting Chief Justice Dr. BR Sarangi and Justice MS Raman held:“The facts and circumstances...

Trial Courts Must Be Circumspect Before 'Pestering' On Personal Attendance Of Doctors, Public Servants While Issuing Summons: Orissa High Court

The Orissa High Court has held that trial Courts must be careful and should balance the mandate of law (requiring personal attendance of an accused) and requirements of the general public while pestering on the personal attendance of a public servant, particularly a doctor, whose presence is very much necessary in the hospital.While dispensing with the personal attendance of lady...

Orissa High Court Raps Ex-Collector Of Cuttack For Filing False Affidavit In Illegal Sand Mining Case

The Orissa High Court has come down heavily on the State authorities and particularly, on a former Collector of Cuttack for swearing a false affidavit and submitting the same before the Court.While taking cognizance of the matter, the Division Bench of Acting Chief Justice Dr. Bidyut Ranjan Sarangi and Justice Murahari Sri Raman sternly observed,“It is observed on scrutiny that...

Orissa High Court Allows Expenditure Towards Contribution For Running Of School As Business Expenditure

The Orissa High Court has held that the expenditure towards the contribution for the running of the school is a business expenditure.The bench of Justice S.K. Panigrahi and Justice G. Satapathy has observed that expenditure towards contribution for the running of the school is an expenditure for the smooth functioning of the business of the assessee and also an expenditure wholly and...

Orissa High Court Issues Contempt Notice To DSP For Non-Appearance Despite Notice; Orders DGP To Ensure His Presence On Next Date

The Orissa High Court has issued contempt notice to a police officer in the rank of Deputy Superintendent of Police (DSP) for not appearing before it through virtual mode despite of previous notice and intimation through Government lawyer.The Single Bench of Justice Sangam Kumar Sahoo also directed the Director General of Police (DGP) to ensure the presence of the DSP before the Court on the...

Appeal Against ITAT Order Dismissing Revenue’s Recall Application Does Not Lie Before High Court: Orissa High Court

The Orissa High Court has held that the order passed by the Income Tax Appellate Tribunal (ITAT) dismissing the department’s appeal on the ground of the low tax effect is appealable before the High Court under Section 260A of the Income Tax Act, 1961; however, an appeal against the ITAT order dismissing Revenue’s recall application does not lie before the High Court.The bench of Acting...

Denial Of Promotion/Service Benefits For Prolonged Pendency Of Criminal Trial Amounts To ‘Double Jeopardy’: Orissa High Court

In an important decision, the Orissa High Court has opined that denial of promotion and other statutory rights and service benefits, merely because of long pendency of criminal trial, amounts to ‘double jeopardy’ and violates constitutional rights of the delinquent employee.While directing the authorities to give promotion to the petitioner, making it subject to result of the criminal...

Husband's Request To Father-in-Law For Money To Arrange Job With Assurance Of Repayment Not 'Dowry Demand' : Orissa High Court

The Orissa High Court has held that a request for a sum of money by the husband to his in-laws for arranging a job for himself, which he assured to repay, will not amount to demand of ‘dowry’ as per Section 2 of the Dowry Prohibition Act.The Single Bench of Justice Sangam Kumar Sahoo was hearing an appeal filed a person accused of committing murder of his wife in connection with demand...

Article 233(2) | 7 Yrs Continuous Practice As Advocate Must Be 'Immediately' Before Recruitment As District Judge From Bar: Orissa HC

The Orissa High Court has held that a person must have practiced as an Advocate continuously for seven years 'immediately' before submitting application for direct recruitment in the cadre of District Judge from the Bar.The Division Bench of Justice Debabrata Dash and Justice Gourishankar Satapathy clarified that mere seven year (or more) experience as an Advocate at a point of time in the...

'Sarpanch-patism’ Or Husband Working As 'Proxy' For Sarpanch Wife Defeats Purpose Of Women Reservation: Orissa High Court

The Orissa High Court has expressed serious concerns over husbands/male members of women sarpanches acting as ‘proxy sarpanch’ and discharging duties as de facto sarpanch in the place of elected female sarpanches.The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi held that such system of ‘proxy sarpanch’ or ‘sarpanch-patism’ defeats the very purpose of the Constitution...

Orissa High Court Directs State To Consider Using Facial Biometrics To Identify ATM Users, Deter Criminal Activities

The Orissa High Court has directed the State to have discussion with all bank authorities and particularly, with the authorities of the Reserve Bank of India (RBI) to install ‘facial biometric identification systems’ at all the Automated Teller Machines (ATMs) so as to facilitate investigating agencies to retrieve identities of persons using such facilities for illegal purposes.The...

S.294 CrPC | Not Mandatory To Examine Doctor If Genuineness Of Post-Mortem Report Not Disputed By Accused: Orissa High Court

The Orissa High Court has clarified that it is not mandatory to examine the doctor, who conducted the post-mortem examination, if the genuineness of his report is not disputed by the accused. It further held that once the accused admits the report to be genuine, it can be read as substantive evidence.While elucidating the mandate of the provision under Section 294 of the Code of...