'Work With Love Or Sit Outside Temple': Orissa High Court Cites Khalil Gibran, Upholds Bank Employee's Removal For Defying Transfer

“And if you cannot work with love but only with distaste, it is better that you should leave your work and sit at the gate of the temple and take alms of those who work with joy,” the Orissa High Court quoted Lebanese-American writer Kahlil Gibran as it denied to grant any relief to a former female bank employee who was removed from service due to unauthorized absence from office upon...

'Sinister Motive To Gain Popularity': Orissa High Court Dismisses PIL Seeking To Rename 'Cuttack' As 'Katak', Imposes ₹10K Costs

The Orissa High Court has dismissed a Public Interest Litigation (PIL) seeking to rename the city of 'Cuttack' as 'Katak'. A Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman found the case to be a publicity driven litigation and imposed a cost of rupees ten thousand. “Once a litigation of such nature has already been dismissed with categorical finding that it...

Orissa High Court Upholds Conviction, Reduces Sentence In Attempt To Murder Case After Over 3 Decades

The Orissa High Court has recently reduced the sentence of imprisonment imposed upon a man who was found guilty for attempt to murder of a lady whom he stabbed multiple times in the year 1992, causing serious abdominal injuries including protrusion of intestines.A Bench of Justice Sibo Sankar Mishra though upheld the order of conviction handed down by the trial Court, due to passage of almost...

'Prolonged Litigation Aggravates Bitterness': Orissa High Court Quashes Criminal Case Against In-Laws After Settlement

The Orissa High Court has recently quashed a criminal proceeding, which was initiated in 2016 by a woman against her in-laws on the alleged ground of cruelty and matrimonial torture, after both the sides settled the dispute amicably amongst themselves. Invoking the inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bench of Dr. Justice Sanjeeb Kumar...

'Can't Resort To Coercive Measures': Orissa High Court Denies Relief To Contractor Who Locked Mini Stadium Over Unpaid Dues

The Orissa High Court has dismissed a petition challenging an ex-parte order passed against a contractor, asking him to remove obstruction, who allegedly locked a Mini Stadium in the district of Cuttack over non-payment of his dues by the government authorities.A Bench of Dr. Justice Sanjeeb Kumar Panigrahi held that the petitioner cannot be allowed to take coercive measures to the detriment...

Orissa High Court Reduces Sentence Of Imprisonment Of 26-Yr-Old Man Convicted For Raping 80-Yr-Old Lady

The Orissa High Court upheld a trial court order which convicted a 26-year-old man for raping an 80-year-old woman noting that the prosecution had proved the case beyond reasonable doubt. It however reduced the sentence imposed from 12 years imprisonment as imposed by trial court, to 10 years imprisonment. While upholding the findings of the trial Court on the guilt of the accused-appellant,...

Divorce On Ground Of 'Desertion' By Wife Doesn't Absolve Husband From Providing Her Maintenance U/S 125 CrPC: Orissa High Court

The Orissa High Court has held that merely because divorce was granted in favour of husband on the ground of desertion by wife, it per se does not bar grant of maintenance to the wife subsequent to the divorce. Clarifying the position of law, the Bench of Dr. Justice Sanjeeb Kumar Panigrahi was of the opinion that–“Under the BNSS, the maintenance provision stands renumbered as Section...

'Publicity Driven Exercise': Orissa High Court Quashes Case Against Mukesh Ambani Over Supply Of 'Defective Mobile' To Lawyer In 2003

The Orissa High Court has quashed a criminal complaint and summoning order issued by a Magisterial Court against the Reliance Industries Limited (RIL) and its Chairman Mukesh Ambani over supply of a defective mobile handset to a lawyer in the year 2003.While setting aside the impending criminal prosecution, the Bench of Dr. Justice Sanjeeb Kumar Panigrahi termed the entire exercise as...

S.145 NI Act | Only Complainant Can Lead Evidence By Affidavit In Cheque Bounce Cases, Not Accused: Orissa High Court

The Orissa High Court has held that only the complainant in a cheque dishonour case, under Section 138 of the Negotiable Instruments Act, 1881 ('the Act'), may give his evidence-in-chief by way of an affidavit as per Section 145(1) of the Act. It clarified that the same procedure is not applicable to the accused, who is required to render his examination-in-chief before the Court...

Identical Evidence: Orissa High Court Quashes Disciplinary Action After Criminal Court Acquittal

A Division Bench of the Orissa High Court comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra held that departmental proceedings based on identical evidence must be set aside when a criminal court has acquitted the employee on the merits, leaving the disciplinary findings based on “no evidence.” Background Facts The employee (respondent) was serving as a...

Muslim Man Allegedly Stripped, Forced To Utter 'Jay Sri Ram': Orissa High Court Orders DSP To Supervise Probe

The Orissa High Court has recently ordered the State's Director General of Police (DGP) to handover the investigation to an officer not below the rank of Deputy Superintendent of Police (DSP) or Sub-Divisional Police Officer (SDPO) in an alleged case of public stripping of a Muslim man and coercing him to utter 'Jay Sri Ram'.Allowing the petition filed by the father of the victim, the Bench...

After Superannuation, Only Government & Not Subordinate Authority Competent To Impose Penalty, As Per Rules : Orissa HC

A Division Bench of the Orissa High Court comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra held that after superannuation, only the Government is authorised under the rules to pass the order of penalty in a departmental proceeding even initiated prior to the retirement. A subordinate authority cannot impose such penalty. Background Facts The employee...