Orissa High Court
Orissa High Court Orders ₹10 Lakhs Compensation For Minor's Death After Wall Collapse In Govt Primary School, Directs Safety Audits
The Orissa High Court has ordered the State to pay rupees ten lakhs compensation to the parents of a minor boy who succumbed to injuries sustained after a toilet wall collapsed inside the school campus.While providing relief to the bereaved petitioners/parents, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed –“…it is evident that the collapse of the toilet building wall...
S.306 IPC | Merely Rejecting To Marry Girl After Being Engaged To Her Doesn't Amount To Abetment Of Suicide: Orissa High Court
The Orissa High Court has held that merely rejecting to marry a girl after getting engaged to her per se would not amount to 'abetment of suicide' as provided under Section 306 of the Indian Penal Code.While quashing the criminal proceedings against the petitioner, the Single Bench of Justice Sibo Sankar Mishra observed –“…this court feels that act of entering into the engagement with...
Limitation Period For Arbitration Starts From Date When Cause Of Action Accrued: Orissa High Court
The Orissa High Court bench of Justice D. Dash has held that the period of limitation for commencing arbitration runs from the date when the cause of arbitration accrued. This means from the date when the claimant first acquired the right to either take action or require arbitration. Therefore, the bench held that the limitation period for starting arbitration matches the...
No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court
The Orrisa High Court bench of Justice D. Dash held that in a petition under Section 34 of the Arbitration and Conciliation Act, 1996, reappreciating evidence is not allowed in order to replace the arbitrator's view with another. It held that the views expressed by the arbitrator must be considered as possible interpretations based on the factual circumstances. Section 34 deals...
Appellate Court Can't Order Re-Imprisonment Of Prematurely Released Convict Unless Vires Of Such Release Challenged: Orissa High Court
Clarifying a significant anomaly, the Orissa High Court has held that the executive authorities have unhindered power to consider the case of life convicts for premature release even when their appeal is pending before the Appellate Court.The Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash also held that the Appellate Court, after deciding the appeal and upholding...
Ex-Union Minister Dilip Ray Moves Orissa HC Challenging Election Of BJD's Sarada Nayak As Rourkela MLA
Former Union Minister Dilip Ray has filed an election petition before the Orissa High Court challenging the election of Biju Janata Dal (BJD) candidate Sarada Prasad Nayak as MLA from Rourkela constituency on the ground of filing of false affidavit along with nomination papers.Ray, who had been a Minister of Coal, was convicted in 2020 and sentenced to three years jail in connection with a...
'Punishment Shouldn't Be Disproportionately Great': Orissa HC Acquits One & Commutes Death Sentence Of Another For Rape & Murder Of 6-Yr-Old Girl
The Orissa High Court today, while answering death reference of two persons, acquitted one of them and commuted the capital punishment imposed on the other. The two were convicted and sentenced to the extreme penalty of death in 2022 for committing murder of a six-year-old girl, after subjecting her to rape.While answering the death reference in negative, the Division Bench of Justice...
Retired Judge Of Orissa High Court Justice Pradyumna Kumar Mohanty Passes Away
Justice Pradyumna Kumar Mohanty, former Judge of the Orissa High Court passed away today in Cuttack. He was 79-years-old.Justice Mohanty was born on 02.01.1945. After completing his schooling, he obtained a degree in law and was enrolled as an Advocate on December 09, 1968. He primarily practised civil, criminal, constitutional, service, educational and revenue matters in the original,...
"General, Omnibus Allegations": Orissa High Court Grants Bail To BJP MLA Prashant Jagdev In EVM Vandalisation Case
The Orissa High Court on Wednesday granted bail to Prashant Jagdev, the newly elected Bharatiya Janata Party (BJP) MLA from Khurda constituency, who was arrested last month for allegedly vandalising an Electronic Voting Machine (EVM) and misbehaving with polling officials.While extending relief to the legislator, the Vacation Bench of Justice Sashikanta Mishra observed, "After going through...
Orissa High Court Turns Down Plea Of Independent MLA Candidate For Heightened Security In Polling Booths
The Orissa High Court on Thursday dismissed two writ petitions seeking heightened security arrangements in sensitive polling booths in the district of Jajpur in the fourth phase of the Lok Sabha and Assembly elections, which is going to be held on June 1, 2024.While turning down the plea of an independent MLA candidate from Dharmasala Assembly Constituency, the Vacation Division Bench of...
S. 33(5) POCSO Act | No Absolute Bar To Recall Child Victim For Further Cross-Examination: Orissa High Court
The Orissa High Court has recently reiterated that there is no absolute bar to recall a child victim under the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') for the purpose of further cross-examination by the accused.Reaffirming the position of law, the Single Bench of Justice Sibo Sankar Mishra observed:“I am of the considered view that there is no absolute bar...
Information Related To Outcome Of Tax Evasion Petition Sought Under RTI Act Can't Be Provided: Orissa High Court
The Orissa High Court has held that information related to the outcome of a tax evasion petition sought under the Right to Information Act cannot be provided.The bench of Justice B.R. Sarangi and Justice G. Satapathy has observed that the claim of the petitioner with regard to the supply of information sought in the application filed under the Right to Information Act is not permissible in...