Orissa High Court
Assesses Failed To File Affidavit Proving Repayment Of Loans: Orissa High Court Sustains Addition On “Unsecured Loan”
The Orissa High Court has sustained the addition of unsecured loans under Section 68 of the Income Tax Act, 1961.The division bench of Chief Justice S. Muralidhar and Justice M.S. Raman has observed that the direction issued by the ITAT in the first round was to the effect that the AO should verify whether the assessee had repaid the amount "by calling all the creditors". Therefore, it is the...
Orissa High Court Directs State To Furnish List Of Agencies Engaged For Cleaning Of Sewers & Septic Tanks
The Orissa High Court on Thursday ordered the State to provide the list of agencies engaged on outsourcing basis to clean sewers and septic tanks. It also directed them to indicate in a chart as to whether the Standard Operating Procedures (SOPs) and training manuals have been provided to them and also if those are strictly complied with.While expressing concern over death of workers engaged...
S. 97 CrPC | Second Application For Search Of Persons Wrongfully Confined Can Be Entertained If New Facts & Circumstances Arise: Orissa High Court
The Orissa High Court has clarified that a second application under Section 97 of the Code of Criminal Procedure is not barred by the principle of res judicata and can be entertained if some new facts and circumstances arise warranting intervention. Notably, the Section provides “search for persons wrongfully confined”.While allowing the revision petition filed against the dismissal of...
Will Estoppel Apply In Favour Of Person Who Unaware Of Failure In Intermediate Exam Gets Higher Education, Job? Orissa HC Full Bench To Decide
A Full Bench of Orissa High Court comprising Chief Justice Dr. S. Muralidhar, Dr. Justice Sanjeeb Kumar Panigrahi and Justice Murahari Sri Raman on Wednesday reserved judgment in a reference which was made by a Division Bench to decide the correctness of a decision rendered by another Division Bench wherein it was held that the rule of estoppel will apply in favour of a person who without...
‘Horizontal Quota’ For A Particular Social Category Can’t Be Filled By Candidates Of Other Social Category: Orissa High Court
The Orissa High Court has clarified that unlike ‘vertical reservation’ in which principle of mobility is applicable, ‘horizontal reservation’ for a particular social category can only be granted to candidates coming under that social category and not beyond that. For example: horizontal quota meant for unreserved category women cannot be occupied by SC/ST/OBC category...
Won't Spare Them: Orissa High Court Pulls Up State Education Dept Over "Pathetic" Infrastructure In Schools
The Orissa High Court has pulled-up the School and Mass Education Department (S&ME), Government of Odisha for lack of basic infrastructure in numerous primary and upper-primary schools of the State.While expressing shock over poor condition of the existing facilities, the Division Bench of Chief Justice Dr. S. Muralidhar and Justice Murahari Sri Raman said,“The photographs attached to...
Orissa High Court Orders District Authorities Of Puri To Enquire Alleged Excommunication Of Three Families As ‘Untouchables’
Taking a tough stand against the illegal practice of ‘untouchability’, the Orissa High Court on Tuesday ordered the District Social Welfare Officer (DSWO), Puri to make an enquiry into the alleged ousting of three families from their village after being considered as ‘untouchables’. While dictating the order, a Division Bench of Chief Justice Dr. S. Muralidhar and...
Orissa High Court Weekly Round-Up: February 20 To February 26, 2023
Nominal IndexM. Rajamma v. State of Orissa & Ors., 2023 LiveLaw (Ori) 23Hrusikesh Sahoo & Anr. v. State of Orissa, 2023 LiveLaw (Ori) 24Smt. Renuka Sethi & Ors. v. Babu Sahu & Anr., 2023 LiveLaw (Ori) 25PCIT (Central) versus Narayan Kumar Khaitan, 2023 LiveLaw (Ori) 26Management Committee, CFH Scheme, Paradip Port v. Paradip Port Workers Union & Anr., 2023 LiveLaw...
Odisha Governor Inaugurates Refurbished ‘Museum Of Justice’ In Cuttack
The Governor of Odisha Prof. Ganeshi Lal on Saturday inaugurated the refurbished ‘Museum of Justice’ inside historic Barabati Quila of Cuttack. The event was attended by Chief Justice of Orissa High Court Dr. Justice S. Muralidhar, Judges of the High Court, former CJI Justice G.B. Patnaik and former Chief Justice of Tripura High Court Justice Jaswant Singh.Realizing the need to preserve...
[Motor Accident] Managerial Skills Of Deceased To Run Business Can Be Considered While Counting 'Loss Of Dependency': Orissa High Court
The Orissa High Court, while placing reliance upon recent decisions of the Apex Court, has clarified that managerial skills and expertise of a deceased person to run his business is to be taken into account while counting the loss of dependency of his dependants, who continue his business.Reaffirming the position, a Single Judge Bench of Justice Bibhu Prasad Routray observed,“Perusal...
Contractual Employee Can’t Be Removed From Service Without Following Rules Of Natural Justice, Orissa High Court Reiterates
The Orissa High Court has reiterated that the rules of natural justice are required to be followed before disengaging even a contractual employee.While providing relief to a junior teacher (contractual), who was removed without being provided an opportunity to defend himself, a Single Judge Bench of Justice Sashikanta Mishra said:“This Court is not impressed with the argument that being...
Mere Admission Of Different Date Of Birth Not Better Proof Than School Leaving Certificate: Orissa High Court
The Orissa High Court has observed that mere admission by a person of a different date as his date of birth cannot stand in the face of documentary proof of date of birth like School Leaving Certificate.While providing relief to a workman against his management, a Division Bench of Justices Arindam Sinha and Sanjay Kumar Mishra said,“This admission cannot stand in face of the...