People Can’t Be Denied Benefits Of Welfare Schemes Only Because They Don’t Possess Aadhaar Card Or Mobile Number: Orissa High Court

The Orissa High Court has cautioned both the Union and State Governments that they must not deny benefits of different welfare schemes to the needy people belonging to vulnerable sections only because they do not possess identity proof like Aadhaar Card or mobile number.While hearing a Public Interest Litigation (PIL) pertaining to serious condition that has emerged in Jajpur district due to severe malnutrition of children, the Division Bench of Chief Justice Dr. S. Muralidhar and Justice...

Orissa High Court Orders State Govt To Ensure Eradication Of ‘Severe & Acute Malnourishment’ Among Children By End Of 2023

While hearing a Public Interest Litigation (PIL) pertaining to a serious condition which has emerged in district of Jajpur, particularly in Danagadi and Sukinda blocks, due to severe malnutrition among some children, the Division Bench of Chief Justice Dr. S. Muralidhar and Justice Gourishankar Satapathy has ordered the State Government to take all necessary measures to eliminate severe and acute malnourishment by the end of 2023.Statistics Of SAM & MAM ChildrenThe Collector, Jajpur informed...

Orissa High Court Denies Anticipatory Bail To Man Accused Of Ransacking Shops, Raising Slogans Against Muslims During Hanuman Jayanti Celebration

The Orissa High Court has recently denied anticipatory bail to a person accused of leading a group of people to attack shops belonging to Muslim community and raising slogans against them, which led to a violent situation in Sambalpur town last month.While rejecting the pre-arrest bail application, the Single Judge Bench of Justice Chittaranjan Dash said,“…grant of pre arrest bail vis-à-vis the allegations made in the F.I.R. will have a great ramification when the situation is volatile and as...

Objections As To Territorial Jurisdiction Can’t Have Much Impact While Court Exercises ‘Parens Patriae’ Jurisdiction: Orissa High Court

Recently, the Orissa High Court ordered restoration of custody of a minor girl to her father by issuing the writ habeas corpus under the parens patriae jurisdiction. While passing the order, it held that technical objection, such as objections regarding territorial jurisdiction, cannot be accorded much importance while the High Court exercises its parens patriae jurisdiction.The Division Bench of Justice Subhasis Talapatra and Justice Savitri Ratho rejected such objections and held,“While...

Muslims Can’t Adopt Under Personal Law; Must Follow Procedure Prescribed Under Juvenile Justice Act For Adoption: Orissa High Court

The Orissa High Court has clarified that Muslims cannot seek adoption of minor children under their personal laws and they must strictly follow the prescriptions laid down under the Juvenile Justice (Care and Protection of Children) Act (‘JJ Act’) to undertake any such adoption.While passing order for restoration of custody of a minor girl with her father, from the couple who claimed to have adopted the child, the Division Bench of Justice Subhasis Talapatra and Justice Savitri Ratho...

Promotion Can’t Be Granted To Govt Servant Making It Subject To Outcome Of Pending Criminal Case Against Him: Orissa High Court

The Orissa High Court has recently reiterated that ad-hoc or regular promotion cannot be granted to a government servant making it contingent upon the outcome of the criminal case pending against him.While setting aside the order of the Single Judge who permitted such promotions to a number of government employees, the Division Bench of Chief Justice Dr. S. Muralidhar and Justice Gourishankar Satapathy observed,“…it is not possible for this Court to sustain the impugned orders of the learned...

Orissa HC Imposes ₹25K Cost On Wife For Suppressing Timeline Prescribed By Supreme Court For Disposal Of Matrimonial Dispute By Family Court

The Orissa High Court has recently imposed costs of Rs. 25,000/- on a wife for suppressing the timeline fixed by the Supreme Court, while allowing transfer of the case, for disposal of the marital dispute by the Family Court.Observing that she made an attempt to mislead the Court to obtain a favourable order, the Single Judge Bench of Justice Krushna Ram Mohapatra said,“…this Court with pain observes that the Petitioner has suppressed the material facts before this Court in the writ petition,...

Orissa High Court Commences Uploading ‘Digitally Signed’ Copies Of Judgments & Orders On Its Website

The Orissa High Court has amended the Rules of the High Court of Orissa, 1948 to insert Chapter XXI-A under Part-V which introduces the system of ‘digitally signed copies’ of orders and judgments of the Court. Rules under the chapter mandate the secretarial staff preparing the order or judgment to append his/her digital signature on the soft copy of the order/judgment. The concerned staff is required to upload the digitally signed copy of the order/judgment on the website of the High Court on...

“Sadly Not Alive To Constitutional Obligation”: Orissa HC Frowns Upon NDPS Judge For Rejecting Default Bail Despite Non-Submission Of Chargesheet

The Orissa High Court has criticised a Special NDPS Judge for not applying ‘judicial mind’ while denying default bail to an accused person basing upon chargesheet submitted against a co-accused. Terming the rejection order as ‘blatantly illegal’, the Single Judge Bench of Justice Sashikanta Mishra observed,“It has also been emphasized time and again that the right to be released on default bail is akin to the fundamental right to liberty guaranteed under Article 21 of the Constitution of India....

Orissa High Court Passes Standing Order For Listing Bail Applications Arising Out Of Same FIR Before Same Bench

After the Supreme Court expressed concern over the prevailing practice of the Orissa High Court listing bail applications of different persons accused of crime emanating from the same FIR, the High Court has passed a Standing Order issuing following instructions modifying paragraphs 1, 2 and 3 of Standing Order No. 1 of 2020 relating to listing of bail applications under sections 438 and 439, CrPC.Instructions for Listing of Applications U/S 438 CrPCAll the bail applications under section 438...

Orissa High Court Allows Writ Petition Against Arbitrator’s Order Directing Evaluation Of Assets, Being Expansion Of Scope Of Reference

The Orissa High Court has set aside the order passed by the Arbitral Tribunal under Section 26 of the Arbitration and Conciliation Act, 1996 (A&C Act), where the Tribunal had directed the appointment of an expert evaluator for evaluating the assets of the counter-claimant in the arbitral proceedings involving money claims. While noting that the claims and counter claims raised by...

100 More Courts In Districts Of Odisha Will Be Made Paperless Within Next 3 Months: Chief Justice Muralidhar

Dr. Justice S. Muralidhar, Chief Justice of the Orissa High Court has announced that 100 more paperless Courts shall be opened across various districts of Odisha within the next three months. In September last year, the then CJI UU Lalit had inaugurated 34 Paperless Courts across all 30 districts of Odisha.He was speaking at the valedictory ceremony of the two-day National Conference...