Orissa High Court
Orissa High Courts Bins PIL Filed By BJP Leader Seeking To Restrain State Govt From Using BJD's 'Conch' Symbol In Welfare Schemes
The Orissa High Court has dismissed a petition seeking to restrain the Odisha Government from using the 'conch' symbol of ruling Biju Janata Dal (BJD) from the advertisements of different welfare schemes.A writ petition in the nature of Public Interest Litigation (PIL) was filed by Jatin Mohanty, General Secretary of Bharatiya Janata Party (BJP), praying to restrain the Government from using...
MSME Act | Council Cannot Entertain Application For Maintainability Of Reference At Conciliation Stage: Orissa High Court
The Orissa High Court single bench of Justice KR Mohapatra held that Micro & Small Enterprises Facilitation Council doesn't have power to entertain an application with regard to the maintainability of the reference at the conciliation stage under Micro, Small And Medium Enterprises Development Act, 2006. It held that question of maintainability can only be adjudicated if arbitration...
'Entitled To Live With Dignity': Orissa High Court Grants Bail To NDPS Accused Suffering From HIV-AIDS
The Orissa High Court has granted bail to a man accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 observing that his living with dignity in a congenial environment is not possible behind bars as he suffers from HIV-AIDS.While granting relief to the petitioner, the Single Bench of Justice Savitri Ratho held:“As the petitioner is HIV+, even though the jail authorities...
Exact Time Of Death Can't Be Conclusively Ascertained On Basis Of Presence Or Absence Of 'Rigor Mortis': Orissa High Court
The Orissa High Court has recently held that the conclusive proof of exact time of death cannot be ascertained on the basis of presence or absence of 'rigor mortis', which is a post-mortem change resulting in stiffening of body muscles due to chemical changes in the dead body.While clarifying the position with regard to reliability of the scientific evidence, the Division Bench of Justice...
Orissa High Court Grants ₹2 Lakh Interim Compensation For Death Of Man Who Allegedly Fell From Moving Train While In Police Custody
The Orissa High Court has ordered rupees two lakh interim compensation to the mother of a 22 year-old man who allegedly died of falling from moving train while he was under the custody of the police.The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi held:“Though the authorities have termed the incident as a negligent act of the deceased, foul play cannot be ruled out at this...
S.133 CrPC | Magistrate's Duty To Remove Encroachments From Public Properties 'Mandatory' In Nature; Orissa High Court Issues Guidelines
The Orissa High Court has issued a slew of guidelines to Executive Magistrates for the removal of encroachments from public properties. It has further clarified that any dereliction in complying with the guidelines would entail disciplinary action against such Magistrates.Construing the duty of Magistrates under Section 133 of the Code of Criminal Procedure to be 'mandatory' in nature,...
Odisha Court Awards Death Sentence To Five Persons For Committing Murder, Chopping & Attempting To Eat Body Parts Over Political Rivalry
A Sessions Court in Odisha's Keonjhar has convicted and sentenced five persons to capital sentence and ordered to hang them by neck till death for committing murder of an ex-Block chairman and Congress leader, amputating his hands and legs and attempting to eat the body parts.Describing the depravity with which the crime got unfolded, the Additional District & Sessions Judge of Anandapur...
Passing Orders Without Granting Opportunity For Cross-Examination Violative Of Principles Of Natural Justice: Orissa High Court
The Orissa High Court has held that denying the opportunity for cross-examination of witnesses before passing orders, involving civil consequences is violative of the principles of natural justice.While granting relief to the petitioners against the order of the Railway Tribunal, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed:“Justice must not only be done but must also...
Denying Compassionate Appointment To Dependant 'Married Daughters' Violative Of Articles 14, 15 & 16(2) Of Constitution: Orissa High Court
The Orissa High Court has reiterated that married daughters cannot be denied of benefits under the Rehabilitation Assistance Scheme for appointment on compassionate grounds, after death of their fathers while in service.While granting relief to a lady, who was denied compassionate appointment on the ground of her marriage pursuant to the application, the Single Bench of Dr. Justice Sanjeeb...
Orissa High Court Annuls 2019 Election Of Congress MLA Mohammed Moquim For Improper Declaration Of Pending Criminal Cases
The Orissa High Court, on Monday, nullified the election of Congress MLA Mohammed Moquim from Barabati Constituency in Cuttack. While holding the 2019 election of the legislator to be void, the Single Bench of Justice Sangam Kumar Sahoo observed –“…the Respondent has not made proper and full declaration about the thirteen criminal cases pending against him in the affidavit filed in Form...
Excess Payment Made To Govt Employee Without His Fault Can't Be Recovered From His Leave Encashment Benefits After Retirement: Orissa High Court
The Orissa High Court has held that excess payment made to a government employee cannot be recovered by the employer from his 'leave encashment benefits' after his retirement, especially when it is apparent that the excess payment was erroneously made by the employer without any fault on the part of the employee.Granting relief to a former Mail Man in the postal department, the Division Bench...