Orissa High Court Weekly Round-Up: January 15 To January 21, 2024

Citations: 2024 LiveLaw (Ori) 4 To 2024 LiveLaw (Ori) 9

Nominal Index:

Jaga @ Jagabandhu Mohalik v. State of Orissa, 2024 LiveLaw (Ori) 4

Sk. Sadab Kadir & Ors. v. Saher Saniya, 2024 LiveLaw (Ori) 5

Maxi @ Maximus Soreng v. State of Odisha, 2024 LiveLaw (Ori) 6

Sangram Keshari Mohanty v. State of Odisha & Ors., 2024 LiveLaw (Ori) 7

Krushna Dom @ Domb v. State of Odisha, 2024 LiveLaw (Ori) 8

M/s. Ipinit Vanaspati Ltd., Cuttack & Ors. v. Principal Commissioner, GST & Central Excise, Bhubaneswar, Odisha, 2024 LiveLaw (Ori) 9

Judgments/Orders Reported This Week:

Mere 'Absconding' Not Conclusive Proof Of Guilt Against Accused In Cases Of Murder: Orissa High Court

Case Title: Jaga @ Jagabandhu Mohalik v. State of Orissa

Citation: 2024 LiveLaw (Ori) 4

The Orissa High Court clarified that merely because an accused person absconded, he cannot be held guilty of the alleged crime and in cases of grave crimes like murder, the solitary conduct of the accused in absconding may not be given undue weightage ignoring other factors. While reiterating the position of law, the Division Bench of Justice Sangam Kumar Sahoo and Justice Sanjay Kumar Mishra held –

“…it is clear that mere fact of abscondence cannot, ipso facto, result in an irresistible inference that the person absconding necessarily had the guilty intention to commit the crime alleged. Further, when the accusation is for a grave crime, like the one under section 302 of the IPC, i.e. murder, the solitary conduct of the accused in absconding cannot be given much weightage so as to ignore the fact that there is no other clinching evidence available to implicate him in the ghastly crime.”

S.12 DV Act | 'Domestic Incident Report' By Protection Officer Not Mandatory To Grant Interim Maintenance: Orissa High Court

Case Title: Sk. Sadab Kadir & Ors. v. Saher Saniya

Citation: 2024 LiveLaw (Ori) 5

The Orissa High Court held that 'Domestic Incident Report' (DIR) from the 'Protection Officer' is not mandatory and hence, not a pre-requisite to grant relief to an aggrieved woman under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 ('the Act'). Interpreting the above provision of the Act, the Single Bench of Justice Chittaranjan Dash observed:

“Section 12(1) requires the Magistrate to take into consideration the Domestic Incident report. However the Domestic Incident Report is not mandatory for passing orders and/ or shall be taken into consideration only in cases where it has been filed.”

Time Of Death In Post-Mortem Report Can't Be Applied With 'Mathematical Precision': Orissa HC Acquits Man Booked For Murder Of Wife & New Born

Case Title: Maxi @ Maximus Soreng v. State of Odisha

Citation: 2024 LiveLaw (Ori) 6

The High Court acquitted a man convicted by the trial Court for committing murder of his wife and new-born female baby and throwing their dead bodies inside a well in the year 1998. While giving benefit of doubt to the appellant, the Division Bench of Justice Sangam Kumar Sahoo and Justice Sanjay Kumar Mishra observed –

“Though this Court has a bounden duty to render justice to those two innocent departed souls, but at the same time, the hands of justice are tied with the threads of strict procedures and proof that are needed to be followed while recording a conviction against a person. As long as someone's innocence is not completely ruled out by way of established facts and evidence, this Court has no option but to be loath to put him behind the bars.”

No Departmental Proceeding Or Deduction In Retiral Benefits Post Retirement In Absence Of Enabling Provision: Orissa High Court

Case Title: Sangram Keshari Mohanty v. State of Odisha & Ors.

Citation: 2024 LiveLaw (Ori) 7

The Orissa High Court has reiterated that in absence of specific rule/provision, no departmental proceeding can be continued against an employee nor any deduction can be made from his retirement benefits once he retires from service while a departmental enquiry is pending against him. While granting relief to a retired academician, the Single Bench of Justice Biraja Prasanna Satapathy held –

“…this Court is of the view that the proceeding against the Petitioner since could not be completed prior to his superannuation which fell due on 31.08.2015, the proceeding cannot continue in absence of any provision to that effect either under the 1974 Rules or under the 1981 Rules.”

'Temper Runs High In People Of Scheduled Area': Orissa High Court Alters Murder Conviction Of Man From SC Community To Culpable Homicide

Case Title: Krushna Dom @ Domb v. State of Odisha

Citation: 2024 LiveLaw (Ori) 8

The Orissa High Court, on Tuesday, altered the conviction of a man belonging to scheduled caste community from murder to one of culpable homicide not amounting to murder, inter alia, observing that temper runs high in people belonging to scheduled areas and they at times behave in 'unexpected manners'. While granting partial relief to the appellant, the Division Bench of Justice Debabrata Dash and Justice Gourishankar Satapathy held –

“…the parties are members of Scheduled Caste and hail from rural pocket situated within the Scheduled Area of the State where ordinarily their temper run high and for silly reasons, they many a times behave differently, at times in a quite an unexpected manner”

Assessee To Approach Tribunal On Failure Of GST Dept. To Follow CESTAT's Direction, Writ Petition Not Maintainable: Orissa High Court

Case Title: M/s. Ipinit Vanaspati Ltd., Cuttack & Ors. v. Principal Commissioner, GST & Central Excise, Bhubaneswar, Odisha

Citation: 2024 LiveLaw (Ori) 9

The Division Bench of Acting Chief Justice Dr. B.R. Sarangi and Justice Murahari Sri Raman held that the writ petition is not maintainable as the assessee has to approach the Tribunal on the failure of the GST department to follow the direction of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT).