S.239 CrPC | Accused Can Be Discharged When Prosecution Materials Even If Unrebutted Don't Indicate Culpability: Orissa High Court

The Orissa High Court has reiterated that an accused should be discharged when the materials produced at the time of consideration for framing of charge are of such a nature that if remain unrebutted, those would not indicate culpability of the accused whatsoever.While ingeminating the principles of law governing discharge of accused under Section 239 of the Code of Criminal Procedure...

Orissa HC Issues Guidelines For Disposal Of Mutation Cases Based On Wills Executed Under Ex-Princely States, Says Probate Not Required

The Orissa High Court has reiterated that probate of Wills executed in ex-princely states/Gadajat states is not necessary and thus, the revenue authorities can proceed for mutation on the basis of un-probated Wills in such areas.A Single Bench of Justice Ananda Chandra Behera referred to a number of precedents on the above position of law and clarified that –“If the Wills are executed in...

Leave Encashment Benefit Can't Be Withheld Only Due To Pendency Of Judicial Or Disciplinary Proceedings: Orissa High Court

The Orissa High Court has reiterated that the leave encashment benefit of a retired government employee cannot be withheld only on the ground that a judicial or disciplinary proceeding was pending against him at the time of his superannuation.While setting aside the order, by which the said post-retirement financial benefit of the petitioner was kept at bay, the Single Bench of Justice...

Adolescent Inter-Faith Relationship: Orissa HC Quashes POCSO Case Against Muslim Man After He Marries Victim, Says Romantic Relationship Not Coercion

The Orissa High Court has recently quashed charges, inter alia, under the stringent Protection of Children from Sexual Offences Act ('POCSO Act') against a Muslim man, accused of kidnapping a minor Hindu girl and having repeated sexual intercourse with her, as he later married the victim girl and started a happy matrimonial life.Taking into account the interest of the parties vis-à-vis...

Dispute Regarding Marital Status Is Within Exclusive Jurisdiction Of Family Court: Orissa High Court

The Orissa High Court has held that dispute as to marital status of parties comes within the exclusive jurisdiction of the Family Court established under the Family Courts Act, 1984 ('the Act') and the same cannot be decided by any other civil court.While nullifying the order passed by a Civil Judge (Senior Division), being altered by the order of the District Judge, the Single Bench of...

Corporal Punishment: Orissa High Court Quashes Criminal Case Against School Teacher But Asks Him To Pay ₹1 Lakh Compensation To Parents

The Orissa High Court has reiterated that 'corporal punishment' by a school teacher upon a student for the purpose of disciplining him cannot amount to an offence under Section 82 of the Juvenile Justice (Care and Protection) Act, 2015 ('the Act').However, the Single Bench of Justice Sibo Sankar Mishra acknowledged the grief of the parents for loss of life of their child and directed...

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court

The Orissa High Court has remarked that an able-bodied husband having government service is statutorily required to maintain his wife and children notwithstanding any marital or other dissention between them.While deciding the challenge to a maintenance order, the Single Bench of Justice Gourishankar Satapathy observed –“…fact remains that once a relationship of marriage is found to...

Well-Qualified Husband Quitting Job To Avoid Paying Maintenance To Wife Can't Be Appreciated In Civilized Society: Orissa HC

The Orissa High Court has remarked that a well-qualified husband, who quits his job to sit idle and remains unemployed in order to deprive his wife of maintenance, cannot be appreciated in a civilised society. While deciding a maintenance dispute, the Single Bench of Justice Gourishankar Satapathy further observed –“Remaining unemployed is one thing and sitting idle having qualification...

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955 ('the Act').Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division...

Practice Experience Can't Be Counted Until AIBE Is Cleared: Orissa HC Disqualifies Lawyer's Nomination As Treasurer In District Bar Election

The Orissa High Court has categorically held that the practice experience of an Advocate enrolled with the State Bar Council cannot be taken into account unless and until he qualifies the All-India Bar Examination (AIBE) conducted by the Bar Council of India (BCI).While disqualifying an Advocate from holding the post of 'treasurer' of a District Bar Association for lack of practice...

'Health Service Providers Fear Potential Criminal Liability': Orissa HC Issues SOP For Medical Termination Of Pregnancies

The Orissa High Court has expressed concern over hesitation amongst health care providers to act promptly in providing medical termination of pregnancies, especially in cases of rape, even when no Court intervention is needed. The Court, in order to address the problem, has issued certain directives which would form part of a comprehensive Standard Operating Procedure (SOP) to govern...

Can't Force 13-Yr-Old Rape Victim Into Motherhood: Orissa High Court Permits Termination Of 26 Weeks Pregnancy

The Orissa High Court on Monday (03 March) allowed the medical termination of more than 24-week-old pregnancy of a minor rape victim aged about 13-year-old, who is also suffering from serious diseases like sickle cell anaemia and epilepsy.The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi termed the unwanted pregnancy of the minor as an 'unbearable burden' on her body and mind and...