Orissa High Court
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...
S. 379 BNSS | Court Not Bound To Hold Preliminary Inquiry Before Making Or Refusing To Make Complaint: Orissa High Court
The Orissa High Court has held that it is not mandatory on the part of Court to hold a preliminary inquiry as provided under Section 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) into commission of offences referred to in Section 215, BNSS in order to make or reject to make complaint.While clarifying the procedural provision, the Single Bench of Justice Gourishankar Satapathy...
Orissa HC Recommends Imposing Restrictions On Voluntary Retirement Of Govt Doctors, Issues Directions For Better Working Conditions
The Orissa High Court has suggested the Department of Health and Family Welfare, Government of Odisha to bring in necessary amendments to the Odisha Civil Services (Pension) Rules, 1992 ('the 1992 Rules') so as to put a bar on large-scale exit of government doctors through the voluntary retirement scheme.Expressing deep concern over huge exodus of government physicians, the Single Bench of...
Orissa High Court Denies Claim For Regularization Of Previous Service Due To Extended Delay In Filing
The Orissa High Court bench comprising of Justice Sashikanta Mishra held that claim for regularization of service can be denied due to an extended delay in filing, coupled with the petitioner's subsequent employment in another institution. Background Facts The Petitioner was appointed against an Additional Trained Graduate post on 04.7.1991 in Akhua Odanga High School. She had...
Any Vulnerability In Aadhaar Database Can Lead To Misuse Of Personal & Financial Info, Strengthening Security Framework Need Of Hour: Orissa HC
The Orissa High Court has flagged the issue of misuse of Aadhaar details due to inadequate cybersecurity measures and has called for strengthening its security framework by implementing state-of-the-art encryption, multi-layered authentication protocols and stringent access controls.The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi made the observations while hearing a challenge made...
PAN-Aadhaar Linkage For Demat Accounts Constitutionally Valid: Orissa HC Dismisses Plea Of Ex-MP Against Mandatory Aadhaar Usage
The Orissa High Court has dismissed a plea made by former Member of Parliament (MP) Tathagata Satapathy challenging the requirement of mandatory linking of Aadhaar to Permanent Account Number (PAN) for the purpose of operating dematerialized accounts ('demat accounts').While holding the aforesaid requirement to be constitutional and a reasonable restriction on 'right to privacy', the Single...