Orissa High 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...
Senior-Most High Court Judges Have Constitutional Right To Be Appointed As Chief Justices, Transfer Policy Can't Ignore Seniority: Ex-CJI GB Patnaik
Former CJI Justice Gopala Ballav Patnaik has opined that the senior-most Judge of every High Court has a constitutional right to be appointed as Chief Justice of a High Court. He said that merely because of introduction of the transfer policy, the appointing authorities must not ignore seniority of Judges.“How is it possible that more than two or three Judges from the same High Court are...
Orissa High Court Felicitates Its Former Chief Justices & Judges While Celebrating 75th Year Of Its Establishment
As a part of celebration of 75th year of its establishment, the Orissa High Court on Saturday felicitated its former Chief Justices and Judges in a function held at Jawaharlal Nehru Indoor Stadium, Cuttack. The event was presided over by Justice Bhushan Ramkrishna Gavai, Judge, Supreme Court of India in the presence of Dr. Justice S. Muralidhar, Chief Justice of the Orissa High Court and...
Orissa High Court Weekly Round-Up: April 3 To April 9, 2023
Nominal Index1. Litumanjari Pradhan v. Chairman, Council of Higher Secondary Education, Bhubaneswar & Ors., 2023 LiveLaw (Ori) 42 2. Jayanti Naik v. State of Odisha & Ors., 2023 LiveLaw (Ori) 43 3. Hemalata Mohapatra v. Bijay Kumar Pradhani, 2023 LiveLaw (Ori) 44 4. Khudia @ Khudiram Tudu v. State of Odisha, 2023 LiveLaw (Ori) 45 5. Midiyan Pani & Ors. v. State of Orissa,...
Orissa High Court Rightly Regarded As ‘Custodian Of Constitution’: Justice BR Gavai
While addressing the felicitation ceremony of former Chief Justices and Judges of the Orissa High Court as a part of its celebration of 75th year of establishment, Justice Bhushan Ramkrishna Gavai, Judge, Supreme Court said that the High Court has rightly been regarded as ‘custodian of the Constitution’. The event was attended by several dignitaries including former Chief...
Executive Magistrate Not Empowered To Record Confession For Offences Under Essential Commodities Act: Orissa High Court
The Orissa High Court has held that an Executive Magistrate is not empowered to record confession for offences committed under the Essential Commodities Act, 1955. It also held that in absence of any specific procedure governing recording of confession and trial under the Act, the Code of Criminal Procedure shall apply. While clarifying the position of law, the Single Judge Bench...
Wife Can’t Prosecute Extra-Marital Partner Of Husband For Domestic Violence Only Because She Lived In Their House: Orissa High Court
The Orissa High Court has observed that an illicit/extra-marital partner of husband cannot be prosecuted under the Domestic Violence Act by wife merely because she lived in the house of the couple. The Court said, both the women (wife and extra-marital partner) do not share ‘domestic relationship’ as per Section 2(f) of the Act merely because they stayed under the same roof.While...
S.329(2) CrPC | Physical Presence Of Accused Essential For Determining Unsoundness Of Mind Making Him Incapable To Enter Defence: Orissa High Court
The Orissa High Court has clarified that physical presence of accused in the Court is essential, under Section 329(2) of the Code of Criminal Procedure, to assess if unsoundness of mind renders him incapable to enter defence. It underlined that the concerned Court must not pass order to that effect without examining the accused, merely basing upon medical certificate.Elucidating the point of...