Orissa High Court Refuses To Stay Release Of Odia Movie 'Sanatani' For Allegedly Being Derogatory To Christian Religion

The Orissa High Court has declined to stay the release of Odia movie 'Sanatani' amidst allegations of it being derogatory to Christian religion and having potential to cause unrest and disruption of the law-and-order situation.Two writ petitions filed by the petitioners Idma Kurami and Amodh Kumar Bardhan were jointly taken up for hearing on Wednesday by the Division Bench of Acting Chief...

S. 175(3) BNSS | Mandatory For Magistrate To Hear Police Officer On Refusal To Register FIR Before Passing Order For Investigation: Orissa HC

The Orissa High Court has held that before passing order for investigation, it is mandatory for the Magistrate to hear the submissions of the police officer upon his refusal to register First Information Report (FIR), apart from considering the application supported by an affidavit made by the complainant to the Superintendent of Police and making proper inquiry.Clarifying the position of...

Order 32 CPC | 'Next Friend' Of Minor Need Not Necessarily Be A Guardian U/S 4(b) Of Hindu Minority & Guardianship Act: Orissa High Court

The Orissa High Court has held that the 'next friend', as provided under Order XXXII of the Code of Civil Procedure (CPC), need not necessarily be a 'duly appointed guardian' as defined under Section 4(b) of the Hindu Minority and Guardianship Act, 1956 (the 1956 Act).Elucidating the position of law as to eligibility for appointment as 'next friend', the Single Bench of Justice Sanjay...

'Bhagavad Gita Says Realisation Of Guilt Leads To Redemption': Orissa HC Quashes Case Against 'Name-Sake' Who Returned Mistakenly Received Compensation

The Orissa High Court has quashed a criminal case against a 'name-sake person', for receiving a compensation amount against the acquisition of land in good faith, whose name, parentage and address resembled another person who was in fact entitled to the amount.As the petitioner returned the received money after knowing about the mistake, the Bench of Justice Sibo Sankar Mishra deemed it proper...

Judiciary Aspirant's Answer To A Question Not Evaluated: Orissa HC Cautions Public Service Commission, Orders ₹1 Lakh Compensation

The Orissa High Court on Monday orally criticised the Odisha Public Service Commission (OPSC) for "haphazard scrutiny" which resulted in non-evaluation of a long question carrying 12.5 marks of a candidate of Odisha Judicial Service Examination-2022.Acknowledging the serious flaw in marking process highlighted by the petitioner, the Division Bench of Justice Sangam Kumar Sahoo and...

Orissa High Court Comes To Rescue Of Tribal Family Ostracised For 18 Years Over Suspected Sorcery, Allows Them To Perform Death Rituals

The Orissa High Court has recently come to the rescue of a family, hailing from a tribal hamlet in the Bangiriposi region of Mayurbhanj district, statedly ostracized by the co-villagers for decades and even prevented from observing death rituals of a family member.Sundar Mohan Majhi, a tribal man sought interference of the Court by filing a writ petition seeking action against the accused...

'Tender Years Doctrine': Orissa HC Restores Custody Of Infant Girl With Mother Accused Of Abandoning Her And Kidnapping Male Child

The Orissa High Court has restored the custody of an infant girl with her biological mother, who was accused of abandoning her while stealing a male child from a hospital. The Court applied the 'doctrine of tender years' to grant relief to the mother who is facing trial for commission of offence of kidnapping.The Single Bench of Justice Sibo Sankar Mishra highlighted the...

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court

The Orissa High Court bench of Justice S.K. Panigrahi has held that a plain reading of Sections 6 and 10(3) of the Commercial Courts Act, 2015, leads to the conclusion that the appropriate 'court' to consider a commercial dispute, even if it arises under the Arbitration and Conciliation Act, would be the commercial court and an appeal would, therefore, lie only before the...

Employee Has No Vested Right To Choose Place Of Posting & Designation: Orissa High Court

The Orissa High Court has recently reiterated that an employee has no vested right to choose his place of posting or designation and it is only the prerogative of the employer to decide the same keeping the public interest and larger exigency in view.While setting aside challenge of the petitioner to the decision of the Administrative Tribunal, the Division Bench of Justice Sangam Kumar Sahoo...

Access Of Differently-Abled Devotees To Puri Jagannath Temple: Orissa High Court Seeks Response From Temple Administration

The Orissa High Court has sought response from the administration of Lord Jagannath Temple, Puri regarding steps taken for providing access to differently-abled devotees, especially wheel-chair bound persons, to have darshan of the deity.The petitioner Advocate Mrinalini Padhi filed the writ petition seeking implementation of the assurance given by the temple authority before the Supreme...

Violation Of Provisions Of Arbitration Act Or MSMED Act Can Be Adjudicated By Court U/S 34 Of Arbitration Act: Orissa High Court

An Orissa High Court bench of Justice K.R. Mohapatra has dismissed a writ petition upon holding that the petitioner, without availing the efficacious statutory remedy u/s 34 of the Arbitration Act had approached the Court under Articles 226 and 227 of the Constitution for which the Court was not inclined to exercise its discretionary power to entertain it.Additionally, the court held...

Plea In Orissa High Court To Declare Netaji Subhash Chandra Bose As 'National Son' & To Declassify Secret Files On Him

A writ petition has been filed in the Orissa High Court with a prayer to declare Netaji Subhash Chandra Bose as the 'National Son' and to declassify as well as to make public secret files, including Intelligence Bureau (IB) documents, regarding him.The petition filed by one Pinakpani Mohanty also seeks to declare the birthday of Netaji (January 23) as a 'National Day' and his birthplace museum...