Orissa High Court
Bail Granted U/S 436 CrPC Can Be Cancelled Only By High Court Or Sessions Court U/S 439(2): Orissa High Court
The Orissa High Court has recently held that bail granted under Section 436 of the Code of Criminal Procedure cannot be cancelled by the same Court and that can only be done by the Court of Sessions or High Court under Section 439(2) of the Code.While clarifying the position of law, the Single Judge Bench of Justice Sashikanta Mishra observed,“Section 436 Cr.P.C. itself does not contain...
Denial Of Maternity Leave An Assault On Dignity Of Woman Employee, Offends Article 21: Orissa High Court
The Orissa High Court has observed that denial of maternity leave is against the fundamental right to life with dignity of women as provided under Article 21 of the Constitution. While providing relief to a teacher of government-aided school, the Single Bench of Justice Sashikanta Mishra held,“If a woman employee is denied this basic human right it would be an assault on her dignity as...
Vedanta Moves Orissa High Court Challenging Tender Issued By NALCO As Discriminatory Against SEZ Units
The Orissa High Court has issued notice in a writ petition filed by Vedanta Ltd. challenging eligibility conditions prescribed by the National Aluminium Company (NALCO) for participation in the tender for sale of calcined alumina for a period spanning from August 2023 to March 2024.While denying any interim relief to Vedanta to take part in the bid, the Division Bench of Dr. Justice Bidyut...
Orissa High Courts Calls Explanation From Judicial Officer For Sentencing Rape Convict To Less Than Minimum Sentence Prescribed
The Orissa High Court has ordered a senior Judicial Officer in the rank of District Judge to submit explanation as to why he sentenced a person, convicted under Section 376(1) of the IPC for commission of rape, to seven years of rigorous imprisonment when the minimum sentence prescribed under that provision is ten years. While disapproving the order of sentence passed by the Trial Court...
Hindu Succession Act | Daughters Get Equal Coparcenary Rights As Sons Even If Father Died Before 2005 Amendment : Orissa High Court
The Orissa High Court has reiterated daughters’ entitlement to inherit ancestral property in view of their equal coparcenary rights, as were conferred on them by the Hindu Succession (Amendment) Act, 2005, irrespective of date of death of their fathers.Following the conclusion reached by the Supreme Court in its landmark decision in Vineeta Sharma v. Rakesh Sharma & Ors., the Division...
Orissa High Court Orders Fresh Probe By CID In Suspicious Death Of Former Hockey Player Birendra Lakra’s Friend
The Orissa High Court has recently ordered reinvestigation by CID (Crime Branch) into a suspicious death case where former Hockey Player Birendra Lakra is an accused. While underlining shoddy investigation by the police, the Single Judge Bench of Justice Sashikanta Mishra observed,“In fact, even the evidence collected by the I.O. is not such as would completely rule out foul play. There...
Orissa High Court Warns Of Contempt Action After Uttar Pradesh Police Fails To Cooperate In NDPS Case
The Orissa High Court has cautioned the Uttar Pradesh police of contempt action as it repeatedly failed to cooperate with Odisha officials in a bail matter pertaining to offence under the Narcotic Drugs and Psychotropic Substances Act, 1985. The Single Bench of Justice Sangam Kumar Sahoo was hearing an application under Section 439 of the CrPC for grant of bail to the accused-petitioner...
Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court
The Orissa High Court has recently held that undressing a girl under the age of 12 years, sleeping over her and merely asking her to penetrate her private part with male organ of the accused does not amount to rape. However, the Single Judge Bench of Justice Sangam Kumar Sahoo was of the opinion that such act would come under the purview of ‘aggravated sexual assault’ punishable under...
Supreme Court Collegium Proposes Name Of Justice Subhasis Talapatra As Chief Justice Of Orissa High Court
The Supreme Court Collegium today proposed to recommend the name of Justice Subhasis Talapatra, the senior-most Judge from the Tripura High Court, for appointment as the Chief Justice of the Orissa High Court. A vacancy in the office of the Chief Justice of the High Court of Orissa would arise in August 2023 consequent upon the retirement of CJ S MuralidharJustice Talapatra was elevated as...
No Universal Rule To Acquit An ‘Absconding Accused’ Upon Acquittal Of Other Co-Accused: Orissa High Court
The Orissa High Court has clarified that there is no strict rule that an ‘absconding accused’ must be given the benefit of acquittal in case his co-accused are acquitted of the same charges. While denying relief to a person accused of committing culpable homicide, the Single Judge Bench of Justice Savitri Ratho said,“…it is apparent that there is no universal rule that in each and...
Orissa High Court Upholds Conviction Of ‘Tantrik’ For Trafficking & Repeatedly Raping Minor Girl
The Orissa High Court has recently upheld the order of conviction and sentences imposed upon a ‘tantrik’ for kidnapping and trafficking a minor girl out of the lawful guardianship of her parents and for repeatedly committing sexual intercourse with her against her will. While denying relief to the accused, the Single Judge Bench of Justice Sangam Kumar Sahoo said,“It cannot be lost sight...
May Have Chilling Effect On Press Freedom: Orissa HC Quashes Case Against Journalist Accused Of Dissuading Public From Availing Covid-19 Treatment
The Orissa High Court has quashed pending criminal proceedings against an Input Editor of the news agency named Odisha Television Network (OTV) for telecasting a conversation between a Covid-19 patient and another person wherein the patient criticised certain inactions of the State Government in tackling the COVID pandemic.While granting relief to the journalist, the Single Judge Bench of...