Nominal Index

1. Litumanjari Pradhan v. Chairman, Council of Higher Secondary Education, Bhubaneswar & Ors., 2023 LiveLaw (Ori) 42

2. Jayanti Naik v. State of Odisha & Ors., 2023 LiveLaw (Ori) 43

3. Hemalata Mohapatra v. Bijay Kumar Pradhani, 2023 LiveLaw (Ori) 44

4. Khudia @ Khudiram Tudu v. State of Odisha, 2023 LiveLaw (Ori) 45

5. Midiyan Pani & Ors. v. State of Orissa, 2023 LiveLaw (Ori) 46

6. M/s. Jena Trading and Co. v. CT and GST Officer, 2023 LiveLaw (Ori) 47

7. Ananda Ch. Sahu v. State of Odisha, 2023 LiveLaw (Ori) 48

8. Rabindra Kumar Mishra & Anr. v. State of Odisha & Anr., 2023 LiveLaw (Ori) 49

9. Prafulla Chandra Mohapatra @ Prusty v. State of Odisha, 2023 LiveLaw (Ori) 50

Judgments/Orders Reported

Promissory Estoppel Not To Apply In Favour Of Student Who Despite Knowledge Of Failure In Intermediate Exam Acquired Higher Qualification: Orissa HC Full Bench

Case Title: Litumanjari Pradhan v. Chairman, Council of Higher Secondary Education, Bhubaneswar & Ors.

Citation: 2023 LiveLaw (Ori) 42

A Full Bench of Orissa High Court answered a reference deciding the correctness of a decision rendered by a Division Bench wherein it was held that the rule of estoppel will apply in favour of a student, who without knowing that he has failed in matriculation/intermediate examination, gets higher education and joins service. The Bench comprising Chief Justice Dr. S. Muralidhar, Dr. Justice Sanjeeb Kumar Panigrahi and Justice Murahari Sri Raman said the decision of the Division Bench is no longer good law.

“It is no doubt true that the Courts have, more often than not, leaned in favour of the students, but as the things stand, a line must be drawn between cases where there have been a bona fide error and cases where the circumstances are dubious,” said the court.

Orissa High Court Asks Collector To Reconsider Appeal For Issuance Of ST Certificate On Basis Of Mother’s Tribe

Case Title: Jayanti Naik v. State of Odisha & Ors.

Citation: 2023 LiveLaw (Ori) 43

The Orissa High Court ordered an appellate authority (collector) to reconsider an appeal against denial of tribe certificate to a boy who was brought up by his tribal mother. The woman had been deserted by her non-tribal husband. While giving relief to the petitioner, the Single Judge Bench of Justice Arindam Sinha observed,

“The appellate authority thereafter went on to take view that the Tahsildar had properly followed the procedures as per rules and regulations, while rejecting the application of appellant. Assertion of petitioner on facts regarding bringing up of her son in the tribal community was not even looked at.”

Section 138, NI Act | Proceedings Can’t Be Invalidated Merely Because Costs For Miscellaneous Expenses Claimed Alongwith Cheque Amount: Orissa High Court

Case Title: Hemalata Mohapatra v. Bijay Kumar Pradhani

Citation: 2023 LiveLaw (Ori) 44

The Orissa High Court held that a proceeding under Section 138 of the Negotiable Instruments Act cannot be invalidated only because the notice claims costs for some miscellaneous expenses alongside demanding the cheque amount. While relying on the decisions of the Apex Court, the Single Judge Bench of Justice Radha Krishna Pattanaik observed,

“…in view of the settled legal position in K.R. Indira (supra), the irresistible conclusion is that the defect in notice cannot invalidate the proceeding when the demand is only for the cheque amount with additional claim towards the miscellaneous expenses…”

“Criminal Trial Is Not IPL T20 Match”: Orissa High Court Sets Aside Rape Conviction As Defence Counsel Not Granted Reasonable Time For Preparation

Case Title: Khudia @ Khudiram Tudu v. State of Odisha

Citation: 2023 LiveLaw (Ori) 45

The Orissa High Court set aside the conviction and sentence imposed on a rape accused on the ground that the State Defence Counsel, who represented him in the Trial Court, was neither supplied with police papers nor given a reasonable amount of time to prepare for the cross-examination of the victim. Expressing dissatisfaction over the hurried-up manner in which the cross-examination was completed, the Single Judge Bench of Justice Sangam Kumar Sahoo observed,

“Engaging a new State Defence Counsel without providing him police papers and just asking him to inspect the case record and to cross-examine the victim and also taking consent from him to conclude the cross-examination on that day itself, in my humble view, is a gross illegality and the accused has been seriously prejudiced by such action of the trial Court. A criminal trial is not an IPL T20 match where every ‘substitute player’ can be an ‘impact player’.”

Orissa High Court Quashes Criminal Case Against 146 Villagers Who Gathered In Church Amid COVID Restrictions To Offer Prayers For Departed Soul

Case Title: Midiyan Pani & Ors. v. State of Orissa

Citation: 2023 LiveLaw (Ori) 46

The Court quashed a criminal case pending against 146 villagers of a village in Rayagada district for allegedly congregating in a Church to offer prayers for a departed soul at a time when the COVID-19 pandemic was prevailing and government guidelines restricting gatherings were imposed. While granting relief, the Single Judge Bench of Justice Sashikanta Mishra said,

“…this Court finds lack of evidence of any criminal intention on the part of the Petitioners, rather, the congregation was for a pious reason to pray for a departed soul. Obviously, no criminality can be attributed in such a case.”

Different Amount Mentioned In Tax Invoice And E-Way Bill: Orissa High Court Orders Issuance Of Fresh Assessment Order

Case Title: M/s. Jena Trading and Co. v. CT and GST Officer

Citation: 2023 LiveLaw (Ori) 47

The Orissa High Court held that different amounts mentioned in a tax invoice and e-Way Bill indicate a palpable error in the waybill, which may be construed as a human error. The Division Bench of Justice Bidyut Ranjan Sarangi and Justice Murahari Sri Raman quashed the assessment order and remitted the matter back to the assessing authority for reconsideration in accordance with the law.

Executive Magistrate Not Empowered To Record Confession For Offences Under Essential Commodities Act: Orissa High Court

Case Title: Ananda Ch. Sahu v. State of Odisha

Citation: 2023 LiveLaw (Ori) 48

The Orissa High Court held that an Executive Magistrate is not empowered to record confession for offences committed under the Essential Commodities Act, 1955. It also held that in absence of any specific procedure governing recording of confession and trial under the Act, the Code of Criminal Procedure shall apply. While clarifying the position of law, the Single Judge Bench of Justice Sashikanta Mishra observed,

“The very words, ‘or under any other law for the time being in force’ implies that investigations conducted in respect of offences under Special Acts like the Essential Commodities Act shall also be governed by the provisions under Section 164 of CrPC unless a specific procedure is laid down in such Act(s).”

Wife Can’t Prosecute Extra-Marital Partner Of Husband For Domestic Violence Only Because She Lived In Their House: Orissa High Court

Case Title: Rabindra Kumar Mishra & Anr. v. State of Odisha & Anr.

Citation: 2023 LiveLaw (Ori) 49

The Orissa High Court observed that an illicit/extra-marital partner of husband cannot be prosecuted under the Domestic Violence Act by wife merely because she lived in the house of the couple. The Court said, both the women (wife and extra-marital partner) do not share ‘domestic relationship’ as per Section 2(f) of the Act, which is a pre-condition to invoke the provisions of the statute, merely because they stayed under the same roof.

Section 329(2) CrPC | Physical Presence Of Accused Essential For Determining Unsoundness Of Mind Making Him Incapable To Enter Defence: Orissa High Court

Case Title: Prafulla Chandra Mohapatra @ Prusty v. State of Odisha

Citation: 2023 LiveLaw (Ori) 50

The Orissa High Court clarified that physical presence of accused in the Court is essential, under Section 329(2) of the Code of Criminal Procedure, to assess if unsoundness of mind renders him incapable to enter defence. It underlined that the concerned Court must not pass order to that effect without examining the accused, merely basing upon medical certificate. While elucidating the point of law, the Single Judge Bench of Justice Radha Krishna Pattanaik said,

“…to determine the mental faculty of the accused and whether he is capable to defend himself, it shall have to be assessed by the Court and for the said purpose his examination is necessary and the same is the statutory mandate. Merely by referring to the medical papers and certificate of the Medical Board, a Court is not to pass any such order either discharging him or postponing the trial.”

Important Developments

Orissa High Court Rightly Regarded As ‘Custodian Of Constitution’: Justice BR Gavai

While addressing the felicitation ceremony of former Chief Justices and Judges of the Orissa High Court as a part of its celebration of 75th year of establishment, Justice Bhushan Ramkrishna Gavai, Judge, Supreme Court said that the High Court has rightly been regarded as ‘custodian of the Constitution’.

“The long and celebrated history of the High Court of Orissa was borne on the principles of cooperation between the Bar and the Bench and the shared values on how justice should be made accessible to each and every resident of the State. In the past 75 years, the High Court has rightly come to be regarded as ‘custodian of the Constitution’, having disseminated principles of law and jurisprudence that sought to enrich our citizen’s rights even today,” he said.

The event was attended by several dignitaries including former Chief Justices of India, Justice Gopala Ballav Patnaik and Justice Dipak Misra; Chief Justice Dr. Justice S. Muralidhar and Judges of the High Court; a number of former Chief Justices and Judges of the High Court.

“I Hope Chief Justice Muralidhar Will Be Elevated To Supreme Court Soon”: Former CJI Justice GB Patnaik

The former Chief Justice of India, Justice Gopala Ballav Patnaik has expressed hope that the incumbent Chief Justice of the Orissa High Court Dr. Justice S. Muralidhar will soon be considered for elevation to the Supreme Court. On Saturday, Justice Patnaik was speaking at the felicitation ceremony of the former Chief Justices and Judges of the Orissa High Court as a part of its 75th year anniversary celebration. Notably, Justice Muralidhar has been serving as Chief Justice of the Orissa High Court since January, 2021. Last year the Supreme Court Collegium had recommended to transfer him as the Chief Justice of the Madras High Court. However, the recommendation did not get approval of the centre.