Orissa High Court
Elephant Corridors: Orissa High Court Stays Proceedings In Case Pending Before NGT
Observing that parallel proceedings before National Green Tribunal (NGT) and high court are not desirable, the Orissa High Court has stayed the proceedings before NGT in a case pertaining to elephant corridors till next date.On April 6, the NGT had granted one month time to the State for notifying the elephant corridors and warned that otherwise the authorities shall be liable under section 26...
Loan Amount Forming Basis Of Complaint U/S 138 NI Act Cannot Be Amended After Adducing Evidence And Cross-Examination: Orissa High Court
The Orissa High Court has held that a complainant under Section 138 of the Negotiable Instruments Act (NI Act) cannot be allowed to amend his complaint petition to change the loan amount which formed the basis of the complaint, especially when he adduced evidence stating the same amount.While setting aside an order allowing such amendment, a Single Bench of Justice Sashikanta...
Orissa High Court Orders Fresh Crime Branch Probe Into Decade Old Alleged ‘Honour Killing’ Case
The Orissa High Court has recently ordered fresh investigation by the Crime Branch into over a decade old ‘honour killing’ of a man in Rayagada district. While handing over the responsibility to the agency, the Single Judge Bench of Justice Sanjeeb Kumar Panigrahi said,“On perusal of the materials available in the case diary it reveals that there are some infirmities especially with...
High Court Can Acquit A Convict Even In Absence Of Appeal To Prevent Continuity Of Manifest Injustice: Orissa High Court
The Orissa High Court has held that even if a person, who was convicted by trial court, does not prefer appeal against his conviction and sentence, the High Court can still invoke its inherent power under Section 482 and 401 of the Code of the Criminal Procedure to acquit him of charges which cannot be sustained against him on the basis of available evidence.While acquitting a...
Orissa High Court Issues Standing Order Instructing Advocates Not To Seek Bail Or Stay Of Arrest/ Coercive Action U/S 482 CrPC
The Orissa High Court on Wednesday issued a Standing Order barring the advocates from seeking bail/interim bail/stay of arrest or coercive action under Section 482 of the Code of Criminal Procedure. It also issued the following instructions pertaining to filing and listing of petitions under the said provision.In every petition filed under Section 482 Cr.P.C. seeking the quashing of...
Requires Immediate Attention: Orissa High Court Seeks Report On Prevalence Of Chronic Malnutrition Among Children In Jajpur
The Orissa High Court has expressed serious concern over the plight of young children, many of them belonging scheduled tribes, stated to be suffering from chronic malnutrition and prolonged hunger. The PIL states the condition of the children in various areas of Jajpur district is so dire that many of them have died.Taking note of the situation, the bench of Chief Justice Murlidhar and...
Orissa High Court Launches Online RTI Portal In Compliance With Supreme Court Direction
The Orissa High Court on Wednesday launched the ‘Online RTI Portal’ of the Court. The Registry notified that citizens may register themselves on the RTI Portal to obtain information under the Right to Information Act, 2005 by visiting the website of the High Court. The Standard Operating Procedure and Guidelines for use of the portal can be accessed here.Last month, the Supreme Court...
S.27(2) POCSO Act | Accused Not Prejudiced Only Because Female Victim Was Examined By Male Doctor: Orissa High Court
The Orissa High Court has clarified that non-compliance of mandate under Section 27(2) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) does not prejudice the rights of an accused. The provision requires girl victims to be medically examined only by female doctors.While highlighting the objective behind incorporation of the said provision, the Single Judge Bench of...
“Damocles Sword Is Hanging”: Orissa HC Quashes Criminal Case Against Ex-Students Of Madhusudan Law College For Obstructing Public Road In 2017
The Orissa High Court has recently quashed pending criminal proceedings against multiple former students of Madhusudan Law College, Cuttack for obstructing a public road in the course of staging a protest against the then Principal of the College back in 2017.Noting undue delay in submission of chargesheet as well as framing of charges and having regard for the future prospects of the...
Orissa High Court Monthly Digest: March 2023
Nominal Index [Citations 30 -50]1. Prangya Paramita Harichandan v. Orissa University of Agriculture and Technology & Ors., 2023 LiveLaw (Ori) 30 2. Amrita Ray v. State of Odisha & Ors., 2023 LiveLaw (Ori) 31 3. M/s. Unideep Food Processing (P) Ltd. v. ITAT, 2023 LiveLaw (Ori) 32 4. Laxmi Sahu v. State of Odisha & Ors., 2023 LiveLaw (Ori) 33 5. M/s. Unideep Food Processing (P)...
Orissa High Court Quarterly Digest: January-March, 2023
Nominal Index [Citations 1 - 50]1. Animesh Chakraborty v. State of Odisha, 2023 LiveLaw (Ori) 12. Vedanta Limited, Jharsuguda v. Union of India, 2023 LiveLaw (Ori) 23. Soli @ Sulachana Jena & Anr. v. Chief Executive Officer, NESCO (Electrical), Balasore & Anr., 2023 LiveLaw (Ori) 34. Sk. Jumman @ Badruddin v. State of Odisha, 2023 LiveLaw (Ori) 45. Santosh Kumar Nayak v. State of...
“Court Not Supposed To Act As Agent Of Prosecution”: Orissa HC Pulls-Up Trial Judges For Rejecting Default Bail Despite Non-Submission Of Chargesheet
The Orissa High Court has criticised a Magistrate and a Sessions Judge for rejecting default bail of two persons accused of murder, despite the fact that the chargesheet was not filed before the Court within the stipulated statutory period.While setting aside the orders of both the Courts below, the Single Judge Bench of Justice Sashikanta Mishra said,“It must be kept in mind that the Court...