State Must Provide Infrastructure & Manpower To Forensic Labs: Orissa High Court Stresses On Timely Submission Of Chemical Test Reports

The Orissa High Court has recently ordered the State to ensure proper infrastructure and man-power for effective functioning of the Forensic Science Laboratories.Underlining the importance of timely receipt of chemical examination reports in criminal cases as well as the possible hindrances in deciding cases in case of non-submission of such reports, the Single Bench of Justice Sangam Kumar...

Orissa High Court Upholds Conviction, 3 Yrs Imprisonment Of Congress MLA Mohammed Moquim In Loan Fraud Case

The Orissa High Court, on Wednesday, upheld the conviction of Congress MLA from Cuttack-Barabati constituency Mohammed Moquim in the Orissa Rural Housing Development Corporation (ORHDC) loan fraud matter, wherein he was sentenced to rigorous imprisonment for three years by the Special Judge (Vigilance), Bhubaneswar in 2022.While denying relief to the legislator, the Single Bench of Justice...

Employee Can Be Dismissed Even After Retirement If Found Guilty In Disciplinary Proceeding Initiated During Service: Orissa High Court

The Orissa High Court has held that an employer has the right to dismiss an employee from service even after his retirement with retrospective effect, if he is found to be guilty in a disciplinary proceeding which was initiated during his service period.The Single Bench of Justice Sanjay Kumar Mishra, however, clarified that an employer cannot direct forfeiture of payment of gratuity to...

Prosecution Must Examine Magistrate Who Conducted Test Identification Parade As 'Witness' During Trial: Orissa High Court

The Orissa High Court has held that the prosecution must examine the Magistrate, who conducts the Test Identification Parade (TIP), as a 'prosecution witness' so as to ascertain the and identify any irregularity caused during such exercise.Highlighting the importance of the testimony of the Magistrate for the cause of justice, the Single Judge Bench of Justice Sangam Kumar Sahoo held –...

Convict Can't Seek Writ Of Habeas Corpus For Release From Custody: Orissa High Court Denies Relief To Maoist Leader Sabyasachi Panda

The Orissa High Court has clarified that a convict as well as an undertrial prisoner cannot claim remedy under the writ of habeas corpus, seeking to release him from lawful imprisonment/custody, on the ground of violation of fundamental right to life and personal liberty.While denying relief to Maoist leader Sabyasachi Panda, the Division Bench of Justice Arindam Sinha and Justice Mruganka...

Orissa High Court Grants ₹5 Lakhs Compensation To +3 Student Wrongly Declared As 'Fail' By Sambalpur University In 1999

The Orissa High Court has ordered Sambalpur University to pay five-lakh rupees compensation to a student who was erroneously declared as 'fail' in his +3 examinations held in 1999.While highlighting the delicate role played by the Universities in deciding the future of students, the Single Judge Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed–“Universities hold a...

Name Of Sexual Assault Victim Not To Be Disclosed In Deposition Sheets; Signature Of Prosecutrix To Be Taken On 'Separate Sheet': Orissa High Court

The Orissa High Court has expressed anguish over disclosure of names of victims of sexual offences in case records/deposition sheets despite clear statutory mandate against mentioning the same, which has been endorsed and reiterated by the authoritative pronouncements of the Supreme Court time and again.While pointing out the error committed by the trial Court Judge, the Single Bench of...

Service Of A Government Servant Does Not Qualify For Pension Unless Their Appointment, Duties, And Pay Are Regulated By Or Under The Orders Of The Government: Orissa High Court

A division bench of the Orissa High Court, comprising Mr. Chakradhari Sharan Singh (Chief Justice) and Mr. M.S. Raman (Judge), while deciding an Appeal in the case of State of Odisha & Ors vs. Banamali Samal & Ors held that the service of a government servant does not qualify for pension unless he is appointed and his duties and pay are regulated by the government or under the orders...

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...