Forced Marriage Not Conducive To Healthy Society: Orissa HC Allows Woman To Live Away From Her Parents & Husband, Grants Police Protection

The Orissa High Court has allowed a girl, who was forced into a marriage by her parents against her will, to live independently away from her husband as well as parents. The Court went a step ahead in directing the police to ensure the safety and security of the girl.Taking a cue from this case, the Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman asked the State to conduct sensitization programs for educating parents to refrain from imposing their decisions on major...

Writ Petition Can't Be Entertained Seeking Deletion Of Deceased's Name From Record Of Rights, Tahasildar Enquiry Needed: Orissa High Court

The Orissa High Court has held that a writ petition seeking deletion of deceased person's name from Record of Rights (RoR) cannot be entertained as an enquiry by the jurisdictional Tahasildar is a necessary precondition before replacing a deceased person with his legal representatives.Clarifying the jurisdictional issue, the Bench of Justice Ananda Chandra Behera held –“It is the settled propositions of law that, for deletion of the name of a recorded tenant from a R.o.R on the ground of his/her...

Non-Registration Of Valid Adoption No Ground To Deny Compassionate Appointment To Adopted Son: Orissa High Court

The Orissa High Court has recently ruled that non-registration of an adoption deed before the death of adoptive father cannot be taken as a ground to deny the benefit of compassionate appointment to adoptive son, if the essential requirements of a valid adoption are otherwise complied with.Providing relief to the adoptive son of an ex-railway employee, the Division Bench of Justice Dixit...

Orissa High Court Refuses Bail To Accused In 2024 Spurious Liquor Tragedy That Claimed Five Lives

The Orissa High Court has denied bail to five persons accused of selling spurious liquor, allegedly containing ammonium nitrate and ammonium sulphate, which caused death of five persons apart from causing illness of dozen others in K. Nuagaon area of Ganjam district in August 2024.Denying any relief at this stage, the Bench of Justice Gourishankar Satapathy observed –“What is relevant at...

Orissa High Court & District Courts Campuses Vacated Following Bomb Threat

The Orissa High Court as well as the Cuttack District and Sessions Court campuses were vacated on Thursday (January 8) following a bomb threat.Upon receiving the mail, the Registry informed the Courts of the same following which the judicial works were halted. Advocates and staff were seen rushing out of Courts.Evacuation process in the campuses are undergoing. The police as well as...

'Highest Positions In Legal Profession Always Reserved For Hardworking & Patient Young Lawyers': Justice SK Sahoo Bids Adieu To Orissa High Court

The Orissa High Court, under the leadership of Chief Justice Harish Tandon, organized a farewell ceremony on Monday (January 05) for Justice Sangam Kumar Sahoo, who has recently been appointed as the Chief Justice of the Patna High Court. A Full Court Reference was held in the Chief Justice's old Court room in the afternoon, which was attended not only by the Judges of the Court but also...

Orissa High Court Annual Digest 2025

Nominal Index [Citations 1-175]MH BLAND S.L. v. MV PROPEL FORTUNE (IMO 9500699), 2025 LiveLaw (Ori) 1Doyel Dey v. The Judge, Family Court, Balasore & Anr., 2025 LiveLaw (Ori) 2Sonel Sekhar Nayak & Ors. v. State of Odisha & Anr., 2025 LiveLaw (Ori) 3Binod Pattanayak v. Union of India, 2025 LiveLaw (Ori) 4Ashok Kumar Swain & Ors. v. Union of India & Ors., 2025 LiveLaw...

Criminal Breach Of Trust And Cheating Cannot Co-Exist On Same Facts: Orissa High Court

The Orissa High Court has reiterated that the offences of 'criminal breach of trust' and 'cheating' cannot co-exist in a given case based on same set of facts, since in the offence of cheating, criminal intention is necessary at the time of making false and misleading representation but in the offence of criminal breach of trust, there may not be any prior criminal intention, which begins...

'Win-Win Situation For All': Orissa High Court Quashes FIR Alleging Cheating After Parties Resolve Dispute Through Mediation

The Orissa High Court has recently quashed a First Information Report (FIR) alleging commission of offences of cheating and dishonestly inducing delivery of property, uttering obscene words to the annoyance of others in public and criminal intimidation, after the informant and the accused persons settled the dispute among themselves amicably through mediation.Agreeing to draw curtains on...

GST Demand Stayed As Audit Report Issued By Unauthorised Officer: Orissa High Court Finds Prima Facie Jurisdictional Defect

The Orissa High Court has stayed further proceedings arising from a Goods and Services Tax (GST) demand-cum-show cause notice issued under Section 73 of the Central Goods and Services Tax Act, 2017, after finding a prima facie jurisdictional defect in the audit process that formed the basis of the demand. The interim order was passed in a writ petition which challenged an audit notice...

GST | Parallel Proceedings On Sanctioned Refund An 'Overstep': Orissa High Court Quashes Recovery Proceedings As Appeal Order Stands

The Orissa High Court in a matter concerning, Double Jeopardy on Refund of about Rs. 14 crores where recovery proceedings were initiated under Section 73 for Refund already sanctioned by the Appellate Authority, has quashed the Show Cause Notice for recovery. In a recent judgment, the Division Bench, comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman, observed that...

Orissa High Court Orders Change Of Gender In Mutation Certificate After Woman Undergoes Sex Reassignment Surgery

The Orissa High Court has recently ordered the General Administration Department of the State Government to change the name and gender of a woman in the property mutation certificate after she changed her gender from female to male by undergoing Sex Reassignment Surgery (SRS).Giving relief to the petitioner, the Bench of Justice Ananda Chandra Behera held –“Here, in this matter at hand,...