Orissa High Court
S.35(3) BNSS | Asking Accused To Appear Before Police In Regular Intervals Such As Every 15 Days Not Proper: Orissa High Court
The Orissa High Court has held that while the police has power to issue notice to the accused to appear when required for investigation under Section 41A(1) CrPC/Section 35(3) BNSS , it however said that requiring the accused persons to appear every 15 days is not proper. Clarifying this significant procedural aspect vis-à-vis arrest, the Bench of Justice Savitri Ratho notably observed–“As it is provided in Section 41 A that the police officer is to, “issue a notice directing the person...
S.12(5) DV Act | Disposal Of Domestic Violence Plea Within 60 Days Not Practical But Long Adjournments Must Be Avoided: Orissa High Court
The Orissa High Court has said while it may not be practical for a Magistrate to decide Section 12(1) application under Protection of Women from Domestic Violence Act, within statutory prescribed period of 60 days, however unnecessary and long adjournments should not be given to the parties.Under Section 12(1) an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under the Act....
'No Useful Purpose Would Be Served': Orissa High Court Quashes Cruelty & Dowry Case Against Husband Citing Mutual Divorce
The Orissa High Court recently quashed a criminal case against a husband, accused of demanding dowry and meting out cruelty against his wife, on the basis of divorce of the couple on mutual consent under Section 13-B of the Hindu Marriage Act, 1955 ['the 1955 Act'].A Single Bench of Justice Savitri Ratho was of the opinion that since the marriage has been dissolved with the consent of both...
'Never Bothered About Fate Of School Children': Orissa High Court Upholds Removal Of Teacher For 7 Yrs Unauthorized Absence
The Orissa High Court has recently upheld a single bench order which had confirmed the disengagement/removal order passed against a female school teacher, on the ground of her unauthorised absence from duty for more than 7 years.While expressing disinclination to interfere with the impugned order, the Division Bench of Justice Dixit Krishna Shripad and Justice Chittaranjan Dash emphasised...
Orissa High Court Directs DGP & Home Department To Train Police Officers To Mandatorily Provide Written Grounds To Arrestees
The Orissa High Court has raised concerns about repeated cases of non-compliance of mandatory constitutional as well as procedural requirements, under Article 22(1) of the Constitution and Section 47 of the Bharatiya Nagarik Suraksha Sanhita (akin to Section 50, CrPC) respectively, by police officers to provide grounds of arrest while arresting any person.A Bench of Justice Gourishankar...
Child Custody Disputes Shouldn't Be Decided By Writ Courts Unless Custody Is Illegally Retained: Orissa High Court
The Orissa High Court has held that the Writ Courts should not decide child custody battles through habeas corpus petitions unless it is found that the custody of child is retained in an illegal/unlawful manner. It further ruled that if question of custody entails complexities or requires detailed inquiry, it is incumbent upon the writ court to remit the case to competent Civil Court for...
'Patentee Can't Be Made To Suffer For Negligence Of Agent': Orissa High Court Allows Restoration Of Expired Patent Beyond Deadline
The Orissa High Court has recently allowed a patentee to file application before the Controller for restoration of patent, even after expiry of the permissible restoration window of eighteen months, which ceased to have effect due to non-payment of renewal fees by the patent agent.While granting relief, the Bench of Justice Bibhu Prasad Routray held that a patentee cannot be made to suffer...
“Institutions Must Remain Spaces Of Safety & Dignity”: Orissa High Court Directs Tightened Security At NLU Odisha Campus
The Orissa High Court on Thursday (February 12) issued a slew of directions for ensuring safety and security inside as well as around the campus of National Law University Odisha, Cuttack (NLUO), which is situated near Naraj, a secluded area at the outskirt of the city.A Bench of Dr. Justice Sanjeeb Kumar Panigrahi stressed on the duty and responsibility of the University administration as...
Vague Allegation Of 'EVM Selfie' Doesn't Constitute Corrupt Practice To Nullify MLA's Election: Orissa High Court
The Orissa High Court has dismissed an election petition filed against the election of Biju Janata Dal's (BJD) Sarada Prasad Nayak as the Member of Legislative Assembly (MLA) from the Rourkela Legislative Assembly constituency in the 2024 Assembly Election. A Bench of Justice Sashikanta Mishra categorically held that the fact that an official allegedly posted a selfie with an open...
Orissa High Court Confers Senior Designation On 10 Advocates Including One Female Lawyer
The Orissa High Court, in exercise of power conferred under Section 16 of the Advocates Act, 1961 read with Rule 7(1) of the High Court of Orissa (Designation of Senior Advocate) Rules, 2025, has designated the following ten (10) lawyers as Senior Advocates:Bijoy Kumar DashHarmohan DhalSujata JenaNirod Kumar SahuSanjib Kumar SwainUpendra Kumar SamalLalatendu SamantarayGopinath MishraBiraja...
'Doesn't Cease To Be Daughter After Marriage': Orissa High Court Orders Compassionate Appointment 26 Yrs After Father's Death
The Orissa High Court has held that a daughter's relation with her parents does not cease to exist after marriage, so as to her deny compassionate appointment in lieu of on-duty death of her father. The Court ordered the State Government to provide rehabilitory appointment to the married daughter of a deceased employee 26 years after he died in harness, i.e. in the year 1999.A Division Bench...
Orissa High Court Orders Creation Of State Level Task Force For Checking Misuse Of 'State Emblem', Issues Directions
Taking misuse of the State Emblem of India seriously, the Orissa High Court has directed the State Government to create a State Level Task Force to monitor and review any suggestion, objection and/or report the misuse of the Emblem. Additionally, the Court also issued a slew of directions for preventing institutional as well as individual misuse of the Emblem.A Division Bench of Chief...