Orissa High Court Grants Relief To IMFL Shop Owner; Says License Fee Can't Be Levied During Period Of Closure Due To SC's Highway Liquor Ban

The Orissa High Court recently granted relief to the owner of an IMFL On Shop who was asked to pay license fees from 2018-19 for considering the renewal of the license, even though the shop had been closed following the Supreme Court's judgment in State of Tamil Nadu & Ors. v. K. Balu & Anr. (2016), which ordered the closure of all liquor shops located within 500 metres of National...

Orissa High Court Drops Contempt Action Against Berhampur SP After He Tenders Unconditional Apology For Commenting On Pending Case

The Orissa High Court on Tuesday (November 11) dropped contempt proceedings against Dr. Saravana Vivek M., Superintendent of Police (SP), Berhampur after he personally appeared and tendered unconditional apology for making press statement linking a pending election petition against the sitting Berhampur MLA to the murder of Member of Odisha State Bar Council (OSBC) Advocate Pitabash...

Orissa High Court Orders Personal Appearance Of Berhampur SP For Linking Advocate Pitabash Panda's Murder To Pending Election Case

The Orissa High Court on Friday (November 07) ordered personal presence of Dr. Saravana Vivek M., Superintendent of Police (SP), Berhampur after he admitted to have made a press statement linking a pending election petition against the sitting Berhampur MLA to the murder of Member of Odisha State Bar Council (OSBC) Advocate Pitabash Panda.Last week, while hearing an election petition filed by...

Orissa High Court Grants Visitation Rights To Grandparents Of Two-Year-Old; Says Their Affection Is “Integral For Upbringing”

The Orissa High Court has recently granted visitation rights to the father and the grandparents of a two-year-old toddler, who was allegedly taken away from their custody by his mother when he was merely three-week-old.A Single Bench of Justice Sanjay Kumar Mishra stressed on the importance of an affectionate bond between grand-child and grand-parents for overall development of the child. It...

Court Can't Allow Intervenors Sans Reason, Plaintiff Can't Be Forced To Implead Party Against Whom No Relief Is Sought: Orissa High Court

The Orissa High Court has reiterated that plaintiff being the 'dominus litis' cannot be compelled to implead someone, against whom he seeks no relief, as a defendant in his suit. The Bench of Justice Sashikanta Mishra, however, clarified that if the plaintiff chooses not to add someone as defendant, he does so at his own risk. In the words of the Court –“Court below has not cited any...

Orissa High Court Seeks Explanation From Berhampur SP For Linking Pending Election Case To Advocate Pitabash Panda's Murder

The Orissa High Court on Friday (October 31) expressed serious dissatisfaction over a press-statement made by Dr. Saravana Vivek M., Superintendent of Police (SP), Berhampur linking a pending election petition against the sitting Berhampur MLA to the murder of Member of Odisha State Bar Council (OSBC) Advocate Pitabash Panda.A Single Bench of Justice Sashikanta Mishra was hearing an...

Orissa High Court Denies Bail To Raja Chakra & Another In Alleged Fraud Of ₹175 Crores Linked To Gandhamardan Mines

The Orissa High Court on Friday (October 31) denied bail to youth leader of Biju Janata Dal (BJD) Soumya Sankar Chakra alias Raja Chakra and another man accused of misappropriating Rs. 175 crores by receiving disproportionately high payment for commercial transactions made with a society created for undertaking developmental works around Gandhamardan mine affected areas.Considering gravity of...

Orissa High Court Orders Arrest Of Cargo Vessel 'MV MAGNET TEAM' At Paradip Port Over ₹2.11 Crore Unpaid Dues

The Orissa High Court has recently ordered the arrest of cargo vessel 'MV MAGNET TEAM (IMO: 9233507)' at the Paradip Port for alleged violation of terms of the 'charter party' with a shipping company.Entertaining the urgent plea of the plaintiff-shipping and chartering company, the Admiralty Judge Justice V. Narasingh said –“This Court is persuaded to hold that unless order of arrest...

'No One Should Suffer Because Of Court': Orissa High Court Judge Admits His 'Mistake Of Fact', Recalls Own Judgment In Review

The Orissa High Court has recalled its judgment dismissing a writ petition without hearing the petitioner on the question of delay and also leaving out a material aspect during the course of hearing.In a rare gesture, Justice Sashikanta Mishra candidly admitted to have fallen prey to a 'mistake of fact' while adjudicating the writ petition and thus, observed –“The doctrine actus...

'Lived A Socially Respectable Life': Orissa High Court Reduces Sentence Of Septuagenarian Convicted In 1998 For Outraging Modesty

The Orissa High Court recently upheld the conviction but reduced the term of imprisonment of a man in his late seventies convicted by trial Court in 1998 for outraging and insulting modesty of a scheduled caste woman by trespassing into her house.Accepting the submission on behalf of the appellant/accused regarding his reformed behaviour ever since the said incident, the Bench of Justice...

Court Can't Deny To Pass Decree Based On Mediation Report After Referring Dispute To Mediation: Orissa High Court

The Orissa High Court has held that after referring a dispute to mediation, the referring Court cannot deny to accept the mediation report nor it can defy its duty to pass a decree basing upon the solution/compromise arrived at in the mediation.Setting aside the order of a Civil Court denying a decree based on mediation report, the Bench of Justice Sashikanta Mishra observed –“As...

No Cognizance In 'GR Case' After Accepting Closure Report, Protest Petition Treated As Complaint For Taking Cognizance: Orissa High Court

The Orissa High Court has held that a Court cannot take cognizance in the General Register case ('GR case') after accepting the closure report submitted by the police due to lack of evidence. It further clarified that if the informant files any 'protest petition' against acceptance of the final form, the same may be considered as a 'complaint' [as defined under Section 2(d) of the CrPC/...