Orissa High Court
Probation Of Offenders Act | Orissa HC Releases Man Accused Of Deceitfully Having Sex, Causing Miscarriage Of Minor In 1991
The Orissa High Court has upheld the order of conviction and sentence passed against a man, who was held guilty of having sex with a minor girl by deceitfully inducing her to believe that he was her lawfully married husband and thereafter, causing miscarriage by administering pills.The Single Bench of Justice Biraja Prasanna Satapathy, however, released him under the provisions of Probation...
Article 22(5) | Preventive Detention Order Unconstitutional If All Grounds Of Detention Are Not Communicated To Detenu: Orissa High Court
The Orissa High Court has reiterated that a preventive detention order shall be rendered unconstitutional for being violative of Article 22(5) of the Constitution if it does not specify each and every ground based upon which the order of detention was passed against the detenu.While setting aside a preventive detention order issued against the petitioner, who is accused of drugs-peddling,...
'Presumption That Woman Engages In Intimacy Only To Marry Is Patriarchal': Orissa HC Questions Criminalising Sex On False Promise Of Marriage
The Orissa High Court has questioned the underlying presumption behind criminalisation of sex on 'false promise of marriage' and held that the assumption that a woman engages in acts of intimacy with a man only as a 'prelude' to marriage is a patriarchal thought and not a principle of justice. In a powerful observation against putting fetters on female sexuality and bodily autonomy,...
'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage
The Orissa High Court has quashed rape charges against a man who was accused of having repeated sex with a woman/complainant stretching over a period of about nine years on false promise of marriage. The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi said that non-culmination of the relationship into marriage may be a source of personal grievance but not a crime and...
Orissa High Court Releases Cargo Vessel MV Debi Following Settlement Between Parties, Orders Refund Of Court Fees
The Orissa High Court has ordered release of cargo ship 'MV Debi' which was arrested at the Paradip Port and subsequently ordered to be auctioned last year for its failure to pay berth hire and penal berth hire charges amounting to almost eight crore rupees. The Court has also ordered refund of the court fees paid by the plaintiff-Paradip International Cargo Terminal Pvt. Ltd. Taking...
Detention Of Accused For More Than 6 Years As 'Undertrial' Is Infringement Of Right To Speedy Trial: Orissa High Court
The Orissa High Court has held that detention of an accused as an undertrial for more than six years can be considered as violation of right to speedy trial as guaranteed under Article 21 of the Constitution. While granting bail to a person accused of duping gullible investors of crores of rupees, the Single Bench of Justice Gourishankar Satapathy observed – “True it is that...
'Raises Concerns About Competence Of Judge': Orissa HC Sets Aside Order In POCSO Case Wrongly Treating Major Accused As 'Juvenile'
The Orissa High Court has heavily criticized a Special Court under the Protection of Children from Sexual Offence Act ('POCSO Act') for treating an accused as 'juvenile' and referring the case to Juvenile Justice Board (JJB) despite having enough materials to suggest that the last act in the 'continuing offence' was committed by the accused much after he attained...
'Life Without Liberty Is Like Bird With Crippled Wings': Orissa HC Releases Undertrial In Financial Frauds Case Citing Prolonged Detention
The Orissa High Court ordered release of a person accused of committing multiple financial frauds involving lakhs of rupees after finding that as an undertrial, he has completed more than half of the period of sentence prescribed for the most grievous offence for which he has been charged for. Giving weightage to liberty of the petitioner over onerous bail conditions previously...
S.175(4) BNSS | Magistrate Can Order Probe Against Public Servant Only After Hearing Him & Receiving Report From Superior Officer: Orissa HC
The Orissa High Court has held that a Magistrate can order investigation against a public servant only after complying with the requirements provided under Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), i.e. upon receiving report containing facts and circumstances of the incident from the officer superior to him and after considering the assertions made by the public...
Senior Citizen Not Entitled To Receive Maintenance From Children Unless Shows Inability To Maintain Himself: Orissa High Court
The Orissa High Court has held that simply being a 'senior citizen' does not automatically entitle a person to receive maintenance from children unless shown that he/she is unable to maintain himself/herself from own earnings or out of owned property. While clarifying the position of law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('the 2007 Act'),...
Can't Presume Incapability Of Leprosy Patient To Execute Sale Deed Unless Absence Of Fingers & Palm Proved: Orissa High Court
The Orissa High Court has held that incapacity of a leprosy patient to execute sale deed cannot ipso facto be presumed unless it is further proved to the satisfaction of the Court that he had no fingers and palm, rendering him physically incapable. While rejecting the challenge to two sale deeds executed in the year 1947 and 1964, the Single Bench of Justice Sashikanta Mishra...
Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court
The Orissa High Court has recently held that law does not favour a well-educated woman to sit idle without trying to pursue any work merely to incumber the liability of paying maintenance upon the husband for her sustenance. While lessening the maintenance amount awarded by the Family Court, the Single Bench of Justice Gourishankar Satapathy observed – “Law never appreciates...