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...

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...