Orissa High Court
Relationship Between Bench And The Bar Has Improved In Odisha Both At High Court & District Court Levels: Chief Justice Muralidhar
Chief Justice of the Orissa High Court Dr. Justice S. Muralidhar presided over his Court for the last time this morning, as he demits office on superannuation. He shared the Bench with Justice Subhasis Talapatra, the Chief Justice designate of the Court.Three Public Interest Litigation (PILs) were listed before the ceremonial Bench for hearing, out of which two matters were related...
‘I Consider Myself Most Fortunate To Have Been Sent To Odisha As Its Chief Justice’: CJ Muralidhar Retires
After serving as the 32nd Chief Justice of the Orissa High Court for over two years and seven months, Dr. Justice S. Muralidhar attended the Full Court Reference this afternoon which was called by the Court for giving him farewell, as demits office on superannuation. The event was presided over by Justice Subhasis Talapatra, the Chief Justice designate and all the Judges of the...
‘Victim Attempted To Entangle Accused In Criminal Case’: Orissa High Court Quashes Rape Case Alleging False Promise Of Marriage
The Orissa High Court has quashed a criminal case pending against a man who was accused of raping a woman on false promise of marriage.While giving relief to the accused, the Single Judge Bench of Justice Sashikanta Mishra was of the view that the victim tried to foist a false case upon the accused to pressurize him and observed,“…if the facts of the case and the materials on record...
'Grown Up Lady Having Experience Of Sex Failed To Offer Resistance': Orissa High Court Acquits Man Accused Of Raping Sister-In-Law
The Orissa High Court recently acquitted a man accused of committing rape on his sister-in-law observing that she being a grown-up lady, having experience of sexual intercourse, failed to offer resistance to the alleged forceful act.While giving relief to the accused-appellant, the Single Judge Bench of Justice Sangam Kumar Sahoo said,“If the victim, who is a grown up lady and having...
Orissa High Court Asks Balasore SP To Reconsider Restrictions Put On Moharrum Tazia Procession
The Orissa High Court has directed the Superintendent of Police, Balasore to reconsider the restrictions placed on observation of Moharram Tazia procession at certain places of Balasore district, keeping in view the possible law and order situation.An order dated 26.07.2023 passed by the SP, Balasore restricting the Moharrum Tazia Procession only through some selected streets under certain...
Prosecutrix Voluntarily Accompanied Accused To Jungle For Sex Despite Knowing He's Married: Orissa High Court Sets Aside Rape Conviction
The Orissa High Court has set aside the order of conviction passed against a rape accused observing that the victim of the offence used to accompany him regularly to a jungle and was keeping sexual relation with him despite knowing fully well that he is married.While referring the sexual act to be consensual, the Single Bench of Justice Sangam Kumar Sahoo held,“She was freely exercising...
Orissa High Court Celebrates 75th Anniversary, President Droupadi Murmu Joins As Chief Guest
The Orissa High Court completed its 75 years of existence on Wednesday. Since July 26, 2022 a series of functions were held by the High Court to acknowledge the contributions of various people in taking forward the institution to greater heights over the last 75 years.A Valedictory Ceremony was held at Jawaharlal Nehru Indoor Stadium, Cuttack yesterday where Smt. Droupadi Murmu, President...
POCSO Act | School Leaving Certificate Can’t Be Solely Relied Upon To Prove Date Of Birth Of Victim: Orissa High Court
The Orissa High Court has recently held that ‘School Leaving Certificate’ (SLC) has no independent evidentiary value and the same cannot be solely relied upon to prove the date of birth of victims in cases under the Protection of Children from Sexual Offences Act (POCSO Act).While elaborating the position of law, the Single Bench of Justice Sangam Kumar Sahoo observed,“S.L.C. has...
Odisha Civil Services: Candidate With Temporary Disability Precluded From Appearing In Viva, High Court Stays Publication Of Result
The Orissa High Court has issued notice to the Odisha Public Service Commission (OPSC) as the recruiting body did not allow a candidate having 40% temporary physical disability to attend the ‘personality test’ of the Odisha Civil Services Examinations-2021. While giving interim relief to the candidate, the Single Judge Bench of Justice Aditya Kumar Mohapatra ordered,“Opposite Party...
Courts Should Not Sentence Kidnapping Convict Both U/S 363 & 366 In View Of Mandate U/S 71 IPC: Orissa High Court
The Orissa High Court has recently held that a convict should not be sentenced both under Section 363 (punishment for kidnapping) and Section 366 (kidnapping, abducting or inducing woman to compel her for marriage etc.) of the Indian Penal Code as Section 366 squarely covers the substantive punishment which is prescribed under Section 363.Clarifying the procedure to be adopted by the trial...
S.444 CrPC | Court Should Not Initiate Criminal Proceedings Against Surety If He Seeks To Discharge Himself: Orissa High Court
The Orissa High Court has recently held that Courts should not initiate criminal proceedings against sureties if they seek to discharge themselves. The Single Judge Bench of Justice Sangam Kumar Sahoo ruled that Courts must comply with the mandate of Section 444 of the Code of Criminal Procedure and should give a reasonable opportunity of hearing to the sureties before their bonds...
Orissa High Court Division Bench Delivers 75 Judgments In A Day
In a rare feat, a Division Bench of the Orissa High Court comprising Justice Debabrata Dash and Dr. Justice Sanjeeb Kumar Panigrahi listed 75 cases for delivery of judgments on Monday.The cases include Criminal Appeals (CRLA), Jail Criminal Appeals (JCRLA) and Government Appeals (GCRLA). Apart from delivering the aforesaid judgments, the Bench had also listed 13 matters for...