Orissa High Court
Prior Approval Of The Superior Officer Before Passing Of The Assessment/Reassessment Order Pursuant To A Search Operation Is A Mandatory Requirement: Orissa High Court
The Orissa High Court has held that the requirement of prior approval of the superior officer before an order of assessment or reassessment is passed pursuant to a search operation is a mandatory requirement of Section 153D of the Income Tax Act.The division bench of Chief Justice S. Muralidhar and Justice M.S. Raman has observed that approval of the superior officer before an order of...
“Legal System Completely Failed Him”: Orissa High Court Orders ₹10 Lakh Compensation To Wife Of Tribal Man Killed In Police Custody
The Orissa High Court has ordered the Central Reserve Police Force (CRPF) and the Odisha Police to pay an amount of rupees ten lakhs as compensation to the wife of a tribal man who was killed in their custody in 2010.The Division Bench of Chief Justice Dr. S. Muralidhar and Justice Murahari Sri Raman said it is no coincidence that the deceased tribal, who was tortured to death after...
Unrealistic To Expect GST Return Filing Without Actual Commencement Of Business: Orissa High Court Directs Dept. To Process Licence Application
The Orissa High Court has held that the license application should not be rejected only because a GST return has not been filed yet, since it is unrealistic to expect that to happen without the actual commencement of its business.The division bench of Chief S. Muralidhar and Justice G. Satapathy has observed that unless the petitioner is issued a license and is able to commence its business,...
Orissa High Court Chief Justice Throws Open ‘Museum Of Justice’
The refurbished Museum of Justice set up by the Orissa High Court inside the Barabati Quila (Fort), Cuttack, was thrown open for public on Friday in the presence of Chief Justice Dr. S. Muralidhar and the Judges of the High Court. The Museum was inaugurated by Prof. Ganeshi Lal, Governor of Odisha on February 25, 2023.A consultative committee of historians, conservation experts and legal...
Orissa High Court Quashes Police Circular Order Conferring ‘Power Of Investigation’ On Graduate Constables & CI Havildars
The Orissa High Court has recently nullified a Police Circular Order (PCO) which conferred ‘power of investigation’ on Graduate Constables and Crime Intelligence Havildars. While setting aside the order, the Single Judge Bench of Justice Aditya Kumar Mohapatra held,“…this Court by no stretch of imagination could presume that the legislatures while enacting Sections 156 and 157 of...
Orissa High Court Orders Govt To Provide More Ambulances To Jails; Directs DLSA Secretaries To Undertake Unannounced Jail Visits
The Orissa High Court has on Thursday given a number of directions to the State Government for improving the conditions of jails across the State. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Gourishankar Satapathy has also asked the District Legal Services Authorities (DLSAs) to pay unannounced visits to jails in their respective jurisdictions to assess prison...
Orissa High Court Orders District Legal Services Authorities To File Applications On Behalf Of 45 Prisoners Unable To Furnish Bail Bonds
The Orissa High Court has directed the District Legal Services Authorities (DLSAs) of eight districts to file appropriate applications before respective criminal courts for release of about 45 prisoners who have already been granted bail, but unable to exit the prisons due to inability to furnish bail bonds.A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Gourishankar Satapathy...
Orissa High Court Weekly Round-Up: February 27 To March 5, 2023
Nominal IndexPrangya Paramita Harichandan v. Orissa University of Agriculture and Technology & Ors., 2023 LiveLaw (Ori) 30Amrita Ray v. State of Odisha & Ors., 2023 LiveLaw (Ori) 31M/s. Unideep Food Processing (P) Ltd. v. ITAT, 2023 LiveLaw (Ori) 32Laxmi Sahu v. State of Odisha & Ors., 2023 LiveLaw (Ori) 33Judgments/Orders Reported This Week‘Horizontal Quota’ For A...
Chokad Is Not An Industrial Input: Orissa High Court Quashes Order Imposing 4% VAT
The Orissa High Court has quashed the order imposing a 4% value-added tax (VAT) on the wheat bran (chokad) as it is not an industrial input.The division bench of Chief Justice S. Muralidhar and Justice M. S. Raman has observed that it was necessary for the Department to show that there was a notification issued by the State Government identifying ‘Chokad’ as an ‘industrial input'. In...
Kinley Water Falls Within Water, Not Aerated Or Mineral Water, Comes Within Tax Free List: Orissa High Court
The Orissa High Court held that the sale of packaged drinking water under the brand name Kinley Water falls within the expression "water but not aerated or mineral water sold in bottles or sealed containers," which is covered under Entry No.39 of the Tax-Free List.The division bench of Chief Justice S. Murlidhar and Justice Murhari Sri Raman has observed that the packaged drinking water...
Orissa High Court Sets Aside Order Pronounced ‘15 Months’ After Hearing Concluded; Says Authority May Forget Parties' Submissions After So Long
The Orissa High Court has recently set aside an order by a Revenue Divisional Commissioner which was pronounced 15 months after hearing of the case concluded. Additionally, the Court directed all the judicial and quasi-judicial authorities in the State to abide by the mandate of Order 20 Rule 1, CPC which prescribes time limit for delivery of judgment.While deprecating unreasonable delay...
Orissa High Court Monthly Digest: February 2023
Nominal IndexAshok Kumar Das v. Kapileswar Samal & Ors., 2023 LiveLaw (Ori) 14Smt. Geeta Tiwari & Anr. v. State of Orissa & Anr., 2023 LiveLaw (Ori) 15Cuttack Central Co-operative Bank Ltd. v. Asst. Commissioner of Income Tax, 2023 LiveLaw (Ori) 16Rabindra Kumar Jena v. Republic of India (CBI), 2023 LiveLaw (Ori) 17Sureswar Mishra v. State of Odisha, 2023 LiveLaw (Ori)...