'Trial Conducted In Perfunctory Manner': Orissa High Court Sets Aside Death Sentence For Rape & Murder Of Minor Girl, Orders Fresh Trial

The Orissa High Court has set aside the extreme penalty of death imposed upon a man for rape and murder of a five-year-old girl on the ground that the Sessions Court conducted the trial in a 'perfunctory' and 'mechanical' manner without even ensuring proper legal representation to the accused, and denying adequate opportunity to put forward mitigating circumstances.While remanding the case...

Orissa High Court Issues Guidelines For Releasing Seized Currency Pending Trial, Says Circulation Will Aid Economy

In an important development, the Orissa High Court has opined that currency notes seized in connection with criminal cases, including economic crimes, can be released in the custody of the accused pending trial of the case after following certain safeguards.Justice Sibo Sankar Mishra reasoned that money, as a movable property, should not remain stagnant in judicial custody when it can...

Orissa HC Imposes ₹10K Cost On Man Claiming To Be Odia Litterateur, Demanding 'Padma Shri' & Alleging Wrongful Award On His Name-Sake

The Orissa High Court on Wednesday imposed a cost of Rs 10,000 on a man named Antaryami Mishra who had stated to be a doctor by profession and an Odia litterateur, for not only claiming his entitlement to the country's fourth highest civilian honour–'Padma Shri' but also disputing conferment of the same on a journalist having the same name.Dr. Justice Sanjeeb Kumar Panigrahi in his...

Orissa High Court Issues Guidelines For Interim Release/Disposal Of Seized Properties Pending Investigation/Trial

The Orissa High Court has issued a set of detailed guidelines for interim release or disposal of properties, seized in connection with criminal cases, pending investigation/inquiry/trial. All the District/Sub-ordinate Courts and investigating agencies have been directed to comply with the said guidelines for disposal of property, unless retention thereof is essential for the purpose...

'Dying Declaration Need Not Be Addressed To A Particular Person': Orissa HC Upholds Conviction Of Man For Brother's Murder

The Orissa High Court has held that a dying declaration need not be addressed to a particular person and even the deceased yelling in pain, disclosing name of the murderer, can also be accepted as a valid dying declaration, if Court is satisfied about the voluntariness as well as veracity of the declaration.While upholding the conviction of a man for murder of his brother, the Division Bench...

Orissa High Court Stays NHRC's Proceedings Against KIIT University In Nepali Student's Death Case

In a temporary relief to the Kalinga Institute of Industrial Technology (KIIT), the Orissa High Court has granted an interim stay on the proceedings and actions initiated by the National Human Rights Commission (NHRC) following the alleged suicidal death of a female under-graduate student from Nepal in February.While passing the said order, Dr. Justice Sanjeeb Kumar Panigrahi observed...

S. 14 HMA | Separate Application Showing Exceptional Hardship/ Depravity Must Be Filed For Seeking Divorce Before 1 Year Of Marriage: Orissa HC

The Orissa High Court has held that since Section 14 of the Hindu Marriage Act, 1955 ('the HMA') bars presentation of petition for divorce within one year of marriage, the petitioner must file a separate application canvassing 'exceptional hardship' or 'exceptional depravity' by the respondent, in order to waive the mandatory waiting period of one year as per the proviso to...

Order VII Rule 11 CPC | Plaint Can Be Rejected For 'Non-Disclosure', Not For 'Non-Existence' Of Cause of Action: Orissa High Court

The Orissa High Court has reiterated that a plaint cannot be rejected under Order VII Rule 11 of the Code of Civil Procedure (CPC) for mere 'non-existence' of cause of action, rather it can be rejected for 'non-disclosure' of the same. Reaffirming the settled principle of law, the Single Bench of Justice Ananda Chandra Behera observed –“So, non-disclosure of cause of action in a plaint...

Family Courts Are Governed By General Principles Of Delay & Laches, Not By Strict Provisions Of Limitation Act: Orissa HC

The Orissa High Court has ruled that the Family Courts are not governed by rigid limitation periods prescribed under the Limitation Act, 1963, rather the general principles of delay and laches apply to their adjudications.The Division Bench of Justice Bibhu Prasad Routray and Justice Chittaranjan Dash further held that disputes relating to 'marital status' of parties is a 'continuing cause...

Children Born Out Of Void Marriage Entitled To Inherit Ancestral & Self-Acquired Property Of Hindu Father: Orissa High Court

The Orissa High Court has held that children born out of second/void marriage are also entitled to inherit not only the self-acquired but also the ancestral properties of their father since Section 16 of the Hindu Marriage Act, 1955 ('HMA') confers legitimacy on children born out of void marriage and the Hindu Successions Act, 1956 ('HSA') gives right to legitimised children to...

Police Dog Cannot Testify In Court, Its Handler's Evidence Is Mere Hearsay And Requires Corroboration: Orissa High Court

The Orissa High Court has upheld a two-decade-old order passed by the Court of Adhoc Additional Sessions Judge, Bhubaneswar whereby it had acquitted two persons accused of committing rape and murder of a minor girl in the year 2003.The Division Bench of Justice Bibhu Prasad Routray and Justice Chittaranjan Dash discarded the evidence of the sniffer dog which pointed at the shop of one of...

Orissa High Court Junks Plea To Put Restrictions On Hanuman Jayanti Procession In Sambalpur, Orally Calls For Religious Tolerance

The Orissa High Court has dismissed a writ petition filed by seven Muslim men seeking to put restrictions on Hanuman Jayanti procession in the city of Sambalpur, which is going to be held between April 06 to April 14.The petitioners cited communal violence during a similar procession in 2023 and apprehended religious disharmony and untoward incidents. However, the Division Bench of Chief...