Orissa High Court
"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 Murahari Sri Raman observed –“The Courts exercising power of judicial review have duty to discourage filing...
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 people from tribal areas and held – “Adivasi and the tribal have their unique customs and traditions with...
“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 Justice Sibo Sankar Mishra observed– “The POCSO Act was enacted with the ultimate objective of prohibiting...
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...