'Voluntary Intoxication Not A Defence': Orissa High Court Upholds Man's Conviction For Strangulating & Beheading Mother

The Orissa High Court has upheld the conviction and life term of a man who was held guilty for strangulating and severing the head of his own mother under the influence of ganja.Declining to interfere with the trial Court judgment, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash held:“The instant case has exposed this Court to a very unfortunate set of facts...

Orissa High Court Dismisses Plea Seeking Cancellation Of Odisha Judicial Services Preliminary Examination 2023

The Orissa High Court on Thursday dismissed a plea seeking cancellation of Odisha Judicial Services Preliminary Examination-2023 and to conduct the same afresh on the ground that 15 questions and their corresponding answer keys were defective. The Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash was hearing the writ petition filed by some of the candidates...

Orissa High Court Upholds Conviction & Life Term Of Man For Committing Murder Of Mother & 18-Day-Old Brother

The Orissa High Court has upheld the conviction and life imprisonment of man who was found guilty for commission of murder of his mother and 18-days-old infant brother. Rejecting the plea of insanity advanced by the appellant, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed – “Key pieces of evidence, including the consistent testimonies...

Didn't Use 'Sharp Side' Of Axe, Not Murder: Orissa High Court Alters Conviction To Culpable Homicide

The Orissa High Court has altered the murder conviction of a man, who was found guilty by the trial Court for committing murder of his nephew, to one for culpable homicide not amounting to murder under Section 304, Part-I of the IPC.While providing partial relief to the appellant, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash stressed that despite possessing...

CPC Provisions Govern Stay Of Execution Proceedings Initiated Under Section 36(1) Of Arbitration Act: Orissa High Court

The Orissa High Court bench of Justice Sanjay Kumar Mishra has held that held that since the Arbitration Act is silent on the aspect of filing an application before the executing court to stay the operation of execution proceedings initiated under Section 36(1) of the Arbitration Act, the provisions of the CPC would be followed for this purpose. The High Court noted that...

Delay In Issuing Death Certificate: Orissa HC Asks Bhubaneswar Municipal Corporation To Introduce 'Citizen's Charter', Set Service Delivery Timelines

In order to usher a change in the attitude of municipal officials serving the general public, the Orissa High Court has directed the Bhubaneswar Municipal Corporation (BMC) to introduce a 'Citizen's Charter' highlighting the commitment of the Corporation towards citizens.While expressing grief over delay in services provided by the BMC, the Single Bench of Dr. Justice Sanjeeb Kumar...

Temporary Shops Erected During Rath Yatra Can't Encroach Upon 'Bada Danda', No Commercial Activity Allowed: Orissa High Court

The Orissa High Court has directed the Puri Municipality to ensure that temporary shops erected during Rath Yatra do not encroach upon the 'Bada Danda' (the Grand Road of Lord Jagannath) and also no commercial activity is undertaken in those shops.While issuing the order to the municipal body, the Division Bench of Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho said...

'Supply BNS Bare Act To Bar Library': Orissa High Court Judge Puts Condition For Granting Adjournments

In a peculiar development, the Orissa High Court has granted adjournments to some parties on the condition that they must supply a copy of Bare Act of Bharatiya Nyaya Sanhita (BNS) to the Bar Library.Dr. Justice Sanjeeb Kumar Panigrahi was hearing certain criminal revision petitions. In one of such cases, despite of call no one appeared on behalf of the opposite party, i.e. 'Balasore Sadar...

'Undergone Mental Agony For Seven Years': Orissa HC Reduces Sentence Of Man Convicted U/S 354 IPC For Groping Co-Worker

The Orissa High Court, while upholding guilt of a man for groping the breast of a co-worker in 2018, has reduced the sentence awarded by the trial Court to the period already undergone keeping in view, inter alia, the prolonged period of mental agony for pendency of trial.Providing relief to the 57 years-old appellant, the Single Bench of Justice Debabrata Dash observed –“…the accused...

Former Judge Of Orissa High Court Justice Choudhury Pratap Kishore Misra Passes Away

Justice Choudhury Pratap Kishore Misra, a former Judge of the Orissa High Court and veteran jurist breathed his last in the Friday morning. He was 82 years old and ailing for the last few months.Justice Misra was born on January 05, 1942. After completing his legal education, he got himself enrolled in the Bar on November 08, 1971, and practiced in the Orissa High Court for almost three...

Woman Attaining Motherhood Through Surrogacy Entitled To 'Maternity Leave': Orissa High Court

In a landmark decision, the Orissa High Court has held that a woman employee who attains motherhood through 'surrogacy' is also entitled to avail the benefit of maternity leave as it is not only beneficial for the concerned woman but also needed for a healthy rearing of a new-born.Granting judicial sanction to the vital right of female employees, the Single Bench of Dr. Justice Sanjeeb...

S.27 Evidence Act | Discovery Not Vitiated Merely If Material 'Openly Accessible', Unless It Is Visible To 'Bare Eyes' Of People: Orissa High Court

The Orissa High Court has reiterated that the statement of an accused leading to discovery of an object/material is not vitiated if the same is 'openly accessible', rather it can said to be tainted when it is visible to the 'bare eyes' of the people passing through the area.Clarifying the position of law, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash...