NDPS Act | Law Doesn't Sanction Retaining Seized Vehicle Indefinitely Without Furthering Cause Of Justice: Orissa High Court

The Orissa High Court has reiterated that the provisions under the Narcotic Drugs and Psychotropic Substances Act ('NDPS Act') do not mandate indefinite retention of seized vehicles without any justifiable cause, especially when such retention tends to cause degradation and depreciation of the vehicle.Underlining the importance of interim release of vehicle for preventing structural and...

Court Cannot Appoint Arbitrator In Absence Of Arbitration Agreement Between Disputing Parties: Orissa High Court

The Orissa High Court has held that Court cannot appoint an arbitrator to resolve dispute between the parties in absence of any arbitration agreement. The Single Bench of Acting Chief Justice Arindam Sinha (as the Judge then was) referred to Section 11(6-A) (appointment of arbitrators) of the Arbitration and Conciliation Act to hold that –“Reference to arbitration can only be compelled...

Disciplinary Proceedings Can Be Held Pending Criminal Trial Unless Accused Is Prejudiced: Orissa High Court

The Orissa High Court has reiterated that criminal prosecution and disciplinary proceedings can go on simultaneously against a delinquent employee and there is no need to keep the disciplinary actions in standby until the conclusion of the criminal trial.While ingeminating the position of law, the Division Bench of Justice Sangam Kumar Sahoo and Justice Savitri Ratho held, “It is,...

Orissa High Court Fines Woman Who Sought Pet Dog's Custody From Daughter-In-Law After Dowry Dispute

In a peculiar case, the Orissa High Court on Tuesday imposed a cost of rupees one thousand on a lady who filed a writ petition seeking to get back the custody of her pet dog from her daughter-in-law.The matter reportedly emanated from a dowry dispute whereby the daughter-in-law lodged an FIR against the in-laws and left the matrimonial home. Subsequently, the dowry properties were seized from...

'Law Can't Compel To Endure A Marriage Of Suffering': Orissa High Court Grants Divorce To Man Against Whom Wife Registered 45 FIRs

The Orissa High Court recently granted divorce to a couple on the ground of cruelty while noting the conduct of the wife in filing numerous frivolous criminal cases against the husband, attempting to oust his elderly parents from her matrimonial home and repeatedly threatening to commit suicide, which caused grave emotional and psychological distress to the husband.The Division Bench of...

Justice Harish Tandon Takes Oath As 35th Chief Justice Of Orissa High Court

Justice Harish Tandon took oath as the 35th Chief Justice of Orissa High Court on Wednesday. He was administered the oath of office by Dr. Hari Babu Kambhampati, Governor of Odisha. The Judges of the High Court and members of the Bar attended the event which took place in the premises of the High Court.On March 06, 2025, the Supreme Court Collegium had recommended the name of Justice Tandon,...

Limitation Act Doesn't Apply To Writ Petitions But Party Guilty Of Delay & Laches Can't Be Given Relief: Orissa High Court

The Orissa High Court has reiterated that the provisions of the Limitation Act, 1963 are not applicable to writ petitions, however, the principles governing the law of limitation holds some ground even in adjudication of petitions under Article 226 and thus, a party who is guilty of laches cannot be granted relief.While refusing to condone a delay of nineteen years in filing the writ...

Court Lacking Jurisdiction Should Submit Case To Jurisdictional Court Instead Of Dismissing On Technicality: Orissa High Court

The Orissa High Court has held that if a matter comes before a Court for adjudication which does not have jurisdiction to hear and dispose the same, it must submit the case to the jurisdictional Court for appropriate action, instead of dismissing it on technical ground of lack of jurisdiction.While remitting a case, filed under Section 503 of the Bharatiya Nagarik Suraksha Sanhita ('BNSS'),...

Orissa HC Orders Arrest Of Vessels 'Ocean Jade' & 'Ocean Morganite' At Paradeep Port After Owner's Failure To Execute Settlement Agreement

The Orissa High Court on Wednesday ordered arrest of vessels 'Ocean Jade' (IMO:9660750) and 'Ocean Morganite' (IMO:9676498) for failure on the part of its owner to execute the Memorandum of Agreements ('MoAs') by which it had agreed to sell the vessels to the plaintiff as part of a 'distressed deal'.Directing issuance of the letter of marshal, the Admiralty Judge Justice Murahari Sri Raman...

'Allegations Embedded With Hatred, Complete Breakdown Of Marriage For One Decade': Orissa High Court Grants Divorce To Couple

The Orissa High Court has recently granted divorce to a couple on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955, further observing that the couple have indulged in levelling bitter allegations against each other portraying hatred and a complete breakdown of marriage for more than last one decade.Highlighting severe marital dissensions between the husband...

Section 141 NI Act | Executive Director Can't Be Prosecuted For Cheque Dishonour If Company Isn't Made An Accused: Orissa HC Reaffirms

The Orissa High Court has reiterated that the Executive Director of a company is not vicariously liable and cannot be prosecuted under Section 138 of the Negotiable Instruments Act ('NI Act') for dishonour of cheque, issued by him in his official capacity on behalf of the company, if the company itself is not arraigned as an accused.Highlighting the non-compliance of the statutory mandate...

Orissa HC Grants Bail To Couple Accused Of Impersonating PM Modi's Principal Secretary's Relatives To Exert Undue Influence

The Orissa High Court on Monday granted bail to a couple accused of impersonating the daughter and son-in-law of Pramod Kumar Mishra, Principal Secretary to Narendra Modi, Prime Minister of India, for creating undue influence and exerting pressure on senior officials for different fraudulent purposes.While granting the conditional bail to the duo, the Single Bench of Justice Radha...