Orissa High Court
Orissa High Court Orders State To Publicize Information About Basic Amenities & Drop Out Rates Of All Primary Schools
The Orissa High Court has ordered the State Government to publicize information regarding basic amenities provided to children in the schools imparting elementary education and their admission as well as drop-out rates.The Division Bench of Chief Justice Chakradhari Sharan Singh and Justice Murahari Sri Raman, on Wednesday, was hearing a Public Interest Litigation (PIL) at the instance of...
Date From Which Regularization Is Granted Is Decided By Employer, Employee Can't Claim It Without Any Basis: Orrisa High Court
The Orrisa High Court bench of Justice Sashikanta Mishra held that the date from which regularization is to be granted to an employee is a matter to be decided by the employer keeping in view several factors. The bench held that it depends on the nature of the work, the number of posts lying vacant, the financial condition of the employer, the additional financial burden caused,...
'No Work, No Pay' Can't Be Universally Applied, Especially Where Fault Lies With Employer: Orissa High Court
The Orissa High Court single bench of Justice Sashikanta Mishra held that the principle of “no work, no pay” cannot be universally applied, especially when the employer is at fault for not utilizing the services of the respective employee. Brief Facts: The Petitioner was appointed as Lecturer in History at Joda Women's College on 05.09.1988 and was subsequently terminated by...
S.391 CrPC | Additional Evidence Of Witness Can Be Recorded At Stage Of Death Reference If Needed For Arriving At Just Conclusion: Orissa High Court
The Orissa High Court has recently allowed a petition filed on behalf of nine persons, convicted and sentenced to death by trial Court for murder of three family members on the suspicion of witchcraft, for recording of additional evidence of a prosecution witness at the stage of hearing of death reference by the High Court.While allowing the prayer of the convicts, the Division Bench of...
Banks Should Release Title Deeds Of Property Which Were Not Intended To Be Secured Asset For A Particular Loan : Orissa High Court
A single judge bench of the Orissa High Court comprising of Dr. S.K. Panigrahi, J., while deciding a Writ Petition in the case of Balaram Choudhury vs. Indian Bank, Bhubaneshwar, held that banks have to release the title deeds of property which is not intended to be secured asset for a particular loan as it will not create any security interest in favor of the bank. Background...
Orissa High Court Grants Bail In 3 Different Cases Of Rape, Murder & Abetment To Suicide Citing Delay In Trial But Asks Accused To Plant Trees
The Orissa High Court on Monday granted bail/interim bail to three different persons, in three different cases, accused of committing rape of a minor girl belonging to SC/ST category, murder and abetment to suicide of a minor respectively.While passing such orders, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi underlined the importance of speedy trial and held –“…in a given...
Mere Implication Of Name In Vigilance Case Cannot Prevent Acceptance Of Application For Voluntary Retirement: Orissa High Court
A single bench of the Orissa High Court comprising of Justice Aditya Kumar Mohapatra while deciding a Writ Petition in the case of Govind Nag vs State of Orissa & Ors has held that mere implication of the name of the officer in a vigilance case could not stand in way of accepting an application for voluntary retirement of the officer. Background Facts Govind Nag...
Reassessment Order Can't Merely Be Based On Tax Evasion Report Or An Audit Report: Orissa High Court
The Orissa High Court has held that reassessment orders cannot merely be based on a tax evasion report or an audit report.The bench of Justice B.R. Sarangi and Justice G. Satapathy has observed that it is not enough if the Assessing Officer refers to the tax evasion report or an audit report; he has to independently apply his mind and record his satisfaction that there has been an escapement...
“Every Sinner Has A Future”: Orissa High Court Commutes Death Sentence Of Man Convicted By Trial Court For Rape & Murder Of 6-Yr-Old Girl
The Orissa High Court, on Monday, commuted the capital punishment awarded to a man who was convicted by the trial court for committing rape and murder of a 6-year-old girl in 2018.While sentencing him to life, the Division Bench of Justice Sangam Kumar Sahoo and Justice Radha Krishna Pattanaik observed –“No material has been produced before us by the learned State counsel that there is...
Date Of Birth Recorded In HSC Pass Certificate Is To Be Taken As The Date Of Birth For All Purposes: Orissa High Court
A single bench of the Orissa High Court comprising of Justice Biraja Prasanna Satapathy while deciding a Writ Petition in the case of Madan Raul vs State of Orissa & Ors has held that date of birth recorded in the HSC Pass Certificate is to be taken as the Date of birth for all purposes. Background Facts Madan Raul (Petitioner) entered into service in 1968 as a...
Reengagement Of Casual Labourer Cannot Ordered By Court If He Was Engaged In Temporary Scheme: Orrisa High Court
The Orrisa High Court (“High Court”) division bench of Chief Justice Chakradhari Sharan Singh andJustice M.S. Raman held that upon the expiry of a temporary scheme, the reengagement of a casual labourer cannot be ordered by the court. Brief Facts: The Petitioner, a workman, worked under the management of Horticulturist, Bhubaneswar on a Nominal Muster Roll (NMR)...
Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum
The Orrisa High Court single bench of Justice Aditya Kumar Mohapatra dismissed a writ petition against private companies based on the reason that private companies do not classify as the State, as defined under Article 12 of the Indian Constitution. The employees were set at liberty to pursue the matter in an appropriate forum. Brief Facts: All Odisha Bharati Infratel...