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...

Orissa High Court Takes Suo Motu Cognizance Of Need For Background Analysis Of Convicts In Death Penalty Cases

The Orissa High Court has taken suo motu cognizance of need for background analysis of the convicts, so as to ascertain mitigating circumstances in their favour, before imposing the extreme sentence of death.Emphasizing the importance of providing real and effective hearing on the question of sentence, the Division Bench of Justice Sangam Kumar Sahoo and Justice Radha Krishna Pattanaik...

Trespassers Must Accept Responsibility For Risk In Crossing Railway Tracks, Railways Not Accountable: Orissa HC Dismisses Writ For Compensation

The Orrisa High Court single bench of Dr. Justice Sanjeeb Kumar Panigrahi dismissed a writ petition seeking compensation from Railways in two separate incidents resulting in fatalities on railway tracks. The bench held that the deceased individuals were not passengers but trespassers who were struck by a train while on the tracks.The High Court held that trespassing on railway tracks...

Orissa High Court Launches 'Online RTI Portal' For District Judiciary

The Orissa High Court has launched online 'Right to Information (RTI) portal' for the District Judiciary of the State.The facility has been made available to the citizen from April 30, 2024. The notification issued to this effect reads thus:“Citizens may register themselves on the RTI Portal to obtain information under the RTI Act from the district judiciary by visiting the website of the...

Orissa High Court Orders State To Disburse ₹30K Compensation To Woman Who Conceived Even After Undergoing Sterilization

The Orissa High Court has ordered the State to grant rupees thirty thousand compensation to a woman, who conceived and delivered a baby girl even after undergoing a sterilization surgery hosted by the State Government.While granting relief to the lady, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi ordered –“…considering the poor economic status of the petitioner and ...

"Politically Motivated": Orissa HC Slaps ₹5 Lakh On Company Secretary Who Challenged Union Minister Ashwini Vaishnaw's 2019 Election

The Orissa High Court has dismissed a writ petition filed by a Company Secretary challenging the 2019 election of Union Railway Minister Ashwini Vaishnaw to Rajya Sabha on the ground of submission of false affidavit along with the nomination papers.While discouraging filing of such 'politically motivated' petitions, the Division Bench of Chief Justice Chakradhari Sharan Singh and Justice...

POCSO Act Has Caused Widespread Injustice In Tribal Hamlets & Rural India Causing 'Uncalled For Arrest & Incarcerations': Orissa High Court

The Orissa High Court has flagged the issue of widespread injustice caused to the people of rural area, particularly to the people of tribal hamlets due to the strict provisions of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act').The Single Bench of Justice Sibo Sankar Mishra said that the legislation has resulted in uncalled for arrests and incarcerations of...

“POCSO Act Led To Increase In Vindictive Litigation”: Orissa High Court Quashes Cases Based On Mutual Settlement, Marriage

The Orissa High Court has expressed concerns about the misuse of the provisions of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act'), especially by way of prosecution of young males in cases of mutual adolescent romantic relationship.While allowing a batch of petitions praying to quash criminal proceedings under the stringent legislations, the Single Bench of...