Orissa High Court
Orissa High Court Denies Anticipatory Bail To Man Accused Of Ransacking Shops, Raising Slogans Against Muslims During Hanuman Jayanti Celebration
The Orissa High Court has recently denied anticipatory bail to a person accused of leading a group of people to attack shops belonging to Muslim community and raising slogans against them, which led to a violent situation in Sambalpur town last month.While rejecting the pre-arrest bail application, the Single Judge Bench of Justice Chittaranjan Dash said,“…grant of pre arrest bail...
Objections As To Territorial Jurisdiction Can’t Have Much Impact While Court Exercises ‘Parens Patriae’ Jurisdiction: Orissa High Court
Recently, the Orissa High Court ordered restoration of custody of a minor girl to her father by issuing the writ habeas corpus under the parens patriae jurisdiction. While passing the order, it held that technical objection, such as objections regarding territorial jurisdiction, cannot be accorded much importance while the High Court exercises its parens patriae jurisdiction.The Division Bench...
Muslims Can’t Adopt Under Personal Law; Must Follow Procedure Prescribed Under Juvenile Justice Act For Adoption: Orissa High Court
The Orissa High Court has clarified that Muslims cannot seek adoption of minor children under their personal laws and they must strictly follow the prescriptions laid down under the Juvenile Justice (Care and Protection of Children) Act (‘JJ Act’) to undertake any such adoption.While passing order for restoration of custody of a minor girl with her father, from the couple who claimed to...
Promotion Can’t Be Granted To Govt Servant Making It Subject To Outcome Of Pending Criminal Case Against Him: Orissa High Court
The Orissa High Court has recently reiterated that ad-hoc or regular promotion cannot be granted to a government servant making it contingent upon the outcome of the criminal case pending against him.While setting aside the order of the Single Judge who permitted such promotions to a number of government employees, the Division Bench of Chief Justice Dr. S. Muralidhar and Justice...
Orissa HC Imposes ₹25K Cost On Wife For Suppressing Timeline Prescribed By Supreme Court For Disposal Of Matrimonial Dispute By Family Court
The Orissa High Court has recently imposed costs of Rs. 25,000/- on a wife for suppressing the timeline fixed by the Supreme Court, while allowing transfer of the case, for disposal of the marital dispute by the Family Court.Observing that she made an attempt to mislead the Court to obtain a favourable order, the Single Judge Bench of Justice Krushna Ram Mohapatra said,“…this Court with...
Orissa High Court Commences Uploading ‘Digitally Signed’ Copies Of Judgments & Orders On Its Website
The Orissa High Court has amended the Rules of the High Court of Orissa, 1948 to insert Chapter XXI-A under Part-V which introduces the system of ‘digitally signed copies’ of orders and judgments of the Court. Rules under the chapter mandate the secretarial staff preparing the order or judgment to append his/her digital signature on the soft copy of the order/judgment. The concerned staff...
“Sadly Not Alive To Constitutional Obligation”: Orissa HC Frowns Upon NDPS Judge For Rejecting Default Bail Despite Non-Submission Of Chargesheet
The Orissa High Court has criticised a Special NDPS Judge for not applying ‘judicial mind’ while denying default bail to an accused person basing upon chargesheet submitted against a co-accused. Terming the rejection order as ‘blatantly illegal’, the Single Judge Bench of Justice Sashikanta Mishra observed,“It has also been emphasized time and again that the right to be released...
Orissa High Court Passes Standing Order For Listing Bail Applications Arising Out Of Same FIR Before Same Bench
After the Supreme Court expressed concern over the prevailing practice of the Orissa High Court listing bail applications of different persons accused of crime emanating from the same FIR, the High Court has passed a Standing Order issuing following instructions modifying paragraphs 1, 2 and 3 of Standing Order No. 1 of 2020 relating to listing of bail applications under sections 438 and...
Orissa High Court Allows Writ Petition Against Arbitrator’s Order Directing Evaluation Of Assets, Being Expansion Of Scope Of Reference
The Orissa High Court has set aside the order passed by the Arbitral Tribunal under Section 26 of the Arbitration and Conciliation Act, 1996 (A&C Act), where the Tribunal had directed the appointment of an expert evaluator for evaluating the assets of the counter-claimant in the arbitral proceedings involving money claims. While noting that the claims and counter claims raised by...
100 More Courts In Districts Of Odisha Will Be Made Paperless Within Next 3 Months: Chief Justice Muralidhar
Dr. Justice S. Muralidhar, Chief Justice of the Orissa High Court has announced that 100 more paperless Courts shall be opened across various districts of Odisha within the next three months. In September last year, the then CJI UU Lalit had inaugurated 34 Paperless Courts across all 30 districts of Odisha.He was speaking at the valedictory ceremony of the two-day National Conference...
S.73 Evidence Act | Specimen Document Must Be Admitted By All Parties Before Comparing With Disputed Handwriting: Orissa High Court
The Orissa High Court has clarified that under Section 73 of the Indian Evidence Act, a specimen document must be admitted by all the parties to the dispute before that is used for comparison of hand-writing with disputed signature or document.While explaining the requirement under the said provision, the Single Judge Bench of Justice Bibhu Prasad Routray said,“Section 73 of the Indian...
S.166 MV Act | Compensation Can Be Granted Even When Accident Is Caused By ‘Standing Vehicle’: Orissa High Court
The Orissa High Court has recently reiterated that the expression “use of motor vehicles” employed under Section 165 of the Motor Vehicles Act (MV Act) includes accident caused by the offending vehicle when it is not moving and is in static/standing position.While setting aside a contrary order of the Motor Vehicle Claims Tribunal, a Single Bench of Justice Bibhu Prasad...