'No One More Suited Than Her': Orissa High Court Appoints Wife As Legal Guardian Of Comatose Husband

Filling a legislative void by judicial intervention, the Orissa High Court has recently appointed the wife of a person lying in 'comatose'/ 'vegetative state' to manage his personal, financial, legal, medical and business matters as his 'legal guardian'.Dr. Justice Sanjeeb Kumar Panigrahi not only called attention to the vacuum in the existing statutory regime regarding appointment of guardian of people in vegetative state but also emphasised the role of a wife in managing the personal and...

Justice Dixit Krishna Shripad Sworn-In As Judge Of Orissa High Court

Justice Dixit Krishna Shripad has been sworn in as a Judge of the Orissa High Court on Monday (May 12). Orissa High Court Chief Justice Harish Tandon administered the oath of office to Justice Shripad, a former Judge of Karnataka High Court, who was recommended by the Supreme Court Collegium to be transferred last month to the Orissa High Court. The Centre notified his transfer on May 1....

Superior Authorities Should Ordinarily Refrain From Passing Derogatory Remarks Against Judicial Officers: Orissa High Court

The Orissa High Court has recently called upon superior judicial authorities to desist from passing strictures, derogatory remarks or scathing criticism against judicial officers without affording an opportunity of hearing to them.The Division Bench of Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra, while quashing an adverse entry from the Confidential Character Roll (CCR) of a...

Dissenting Judge Must Express Dissent In Open Court If Main Order Is Dictated In Court: Orissa High Court

The Orissa High Court has crystalised that when order is dictated in the open Court by a Bench consisting of two or more Judges, the Judge(s) who intends to differ from the opinion of the Bench or put up a dissenting judgment must dictate his dissenting order or at least, indicate his intention about recording the dissent in the open Court.The Division Bench of Justice Sangam Kumar Sahoo...

Orissa HC Sets Aside Disciplinary Action Against Ex-Registrar General Who Registered Suo Moto Case Without Chief Justice's Approval

In a major relief to a former Registrar General, the Orissa High Court on Friday exonerated him from all disciplinary actions taken against him by the administrative side of the Court for allegedly registering a suo moto writ petition, purportedly being directed by a Division Bench of the Court, without the approval of the then Chief Justice.While setting aside all the charges levelled...

Lawyers Running Individual Practice Exempt From Levy Of GST, Service Tax: Orissa High Court

The Orissa High Court has reminded the GST and Service tax authorities not to harass practicing lawyers by issuing them notices for levy of GST or service tax.A Chief Justice Harish Tandon and Justice BP Routray thus quashed the notices issued to a Bhubaneswar based lawyer demanding service tax of Rs.2,14,600/- and penalty of Rs.2,34,600/- plus interest.It observed, “in view of the...

Orissa High Court Denies Anticipatory Bail To IAS Manish Agarwal In PA's Suspicious Death Case

The Orissa High Court has rejected anticipatory bail to Manish Agarwal, IAS & former Collector of Malkangiri district and some of his staff, in a case relating to the suspicious death of his Personal Assistant (PA) in the year 2019. While denying relief to the senior bureaucrat, the Bench of Justice V. Narasingh observed –“…taking into account the nature of allegations and keeping...

'Trial Conducted In Perfunctory Manner': Orissa High Court Sets Aside Death Sentence For Rape & Murder Of Minor Girl, Orders Fresh Trial

The Orissa High Court has set aside the extreme penalty of death imposed upon a man for rape and murder of a five-year-old girl on the ground that the Sessions Court conducted the trial in a 'perfunctory' and 'mechanical' manner without even ensuring proper legal representation to the accused, and denying adequate opportunity to put forward mitigating circumstances.While remanding the case...

Orissa High Court Issues Guidelines For Releasing Seized Currency Pending Trial, Says Circulation Will Aid Economy

In an important development, the Orissa High Court has opined that currency notes seized in connection with criminal cases, including economic crimes, can be released in the custody of the accused pending trial of the case after following certain safeguards.Justice Sibo Sankar Mishra reasoned that money, as a movable property, should not remain stagnant in judicial custody when it can...

Orissa HC Imposes ₹10K Cost On Man Claiming To Be Odia Litterateur, Demanding 'Padma Shri' & Alleging Wrongful Award On His Name-Sake

The Orissa High Court on Wednesday imposed a cost of Rs 10,000 on a man named Antaryami Mishra who had stated to be a doctor by profession and an Odia litterateur, for not only claiming his entitlement to the country's fourth highest civilian honour–'Padma Shri' but also disputing conferment of the same on a journalist having the same name.Dr. Justice Sanjeeb Kumar Panigrahi in his...

Orissa High Court Issues Guidelines For Interim Release/Disposal Of Seized Properties Pending Investigation/Trial

The Orissa High Court has issued a set of detailed guidelines for interim release or disposal of properties, seized in connection with criminal cases, pending investigation/inquiry/trial. All the District/Sub-ordinate Courts and investigating agencies have been directed to comply with the said guidelines for disposal of property, unless retention thereof is essential for the purpose...

'Dying Declaration Need Not Be Addressed To A Particular Person': Orissa HC Upholds Conviction Of Man For Brother's Murder

The Orissa High Court has held that a dying declaration need not be addressed to a particular person and even the deceased yelling in pain, disclosing name of the murderer, can also be accepted as a valid dying declaration, if Court is satisfied about the voluntariness as well as veracity of the declaration.While upholding the conviction of a man for murder of his brother, the Division Bench...