'Allegations Can't Be Accepted To Punish Accused Before Trial': Orissa High Court Grants Bail To Eight In OTET Paper Leak Case

The Orissa High Court on Thursday (March 05) granted bail to eight persons, including the Vice-President of the Board of Secondary Education (BSE), taken into custody for their alleged role in leaking the question papers of the Special Odisha Teacher Eligibility Test, 2025 (OTET) days before the examination was scheduled to be held.Citing low prospect of early conclusion of the ongoing trial...

S.7 POCSO Act | Squeezing & Pulling Breast Of Minor Girl Without 'Skin-To-Skin' Contact Amounts To Sexual Assault: Orissa High Court

The Orissa High Court has held that squeezing and pulling the breast of a minor girl, even though the same were done without making any “skin-to-skin” contact, would amount to 'sexual assault' as defined under Section 7 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') which is punishable under Section 8 thereof.While upholding the finding of guilt against...

OMMC Rules | Cancellation Of Lease Not Illegal Merely Because Order Was Issued By 'In-Charge' Mining Officer: Orissa High Court

The Orissa High Court has held cancellation of a lease under the Odisha Minor Mineral Concession Rules, 2016 ('the OMMC Rules') cannot be deemed to be illegal merely because the cancellation order was passed by the Mining Officer (In-charge), while the Mining Officer was the 'competent authority' under such Rules.A Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman...

'Spent Prime Of His Youth In Court Corridors': Orissa HC Raps State For Removing Teacher On Same Grounds After Reinstatement

'What is State without justice, but a band of robbers…,” the Orissa High Court quoted Jeremy Bentham as it castigated the State and its officials for making a teacher belonging to Scheduled Caste (SC) community to fight multiple litigations challenging his illegal removal from the post for the second time on a non-applicable ground, notwithstanding his earlier reinstatement.The Division...

Police Should Record Statements, Preserve Videos Of Amicable Settlements In Criminal Cases: Orissa High Court

The Orissa High Court has recently observed that the police should record statements and preserve videos of amicable settlements between the parties in criminal cases, in order to ensure that the settlement is arrived at voluntarily at the consent of the parties, bereft of any pressure or threats. A Bench of Justice Savitri Ratho advised the police to preserve such videos, which would go a...

S.35(3) BNSS | Asking Accused To Appear Before Police In Regular Intervals Such As Every 15 Days Not Proper: Orissa High Court

The Orissa High Court has held that while the police has power to issue notice to the accused to appear when required for investigation under Section 41A(1) CrPC/Section 35(3) BNSS , it however said that requiring the accused persons to appear every 15 days is not proper. Clarifying this significant procedural aspect vis-à-vis arrest, the Bench of Justice Savitri Ratho notably...

S.12(5) DV Act | Disposal Of Domestic Violence Plea Within 60 Days Not Practical But Long Adjournments Must Be Avoided: Orissa High Court

The Orissa High Court has said while it may not be practical for a Magistrate to decide Section 12(1) application under Protection of Women from Domestic Violence Act, within statutory prescribed period of 60 days, however unnecessary and long adjournments should not be given to the parties.Under Section 12(1) an aggrieved person or a Protection Officer or any other person on behalf of...

'No Useful Purpose Would Be Served': Orissa High Court Quashes Cruelty & Dowry Case Against Husband Citing Mutual Divorce

The Orissa High Court recently quashed a criminal case against a husband, accused of demanding dowry and meting out cruelty against his wife, on the basis of divorce of the couple on mutual consent under Section 13-B of the Hindu Marriage Act, 1955 ['the 1955 Act'].A Single Bench of Justice Savitri Ratho was of the opinion that since the marriage has been dissolved with the consent of both...

'Never Bothered About Fate Of School Children': Orissa High Court Upholds Removal Of Teacher For 7 Yrs Unauthorized Absence

The Orissa High Court has recently upheld a single bench order which had confirmed the disengagement/removal order passed against a female school teacher, on the ground of her unauthorised absence from duty for more than 7 years.While expressing disinclination to interfere with the impugned order, the Division Bench of Justice Dixit Krishna Shripad and Justice Chittaranjan Dash emphasised...

Orissa High Court Directs DGP & Home Department To Train Police Officers To Mandatorily Provide Written Grounds To Arrestees

The Orissa High Court has raised concerns about repeated cases of non-compliance of mandatory constitutional as well as procedural requirements, under Article 22(1) of the Constitution and Section 47 of the Bharatiya Nagarik Suraksha Sanhita (akin to Section 50, CrPC) respectively, by police officers to provide grounds of arrest while arresting any person.A Bench of Justice Gourishankar...

Child Custody Disputes Shouldn't Be Decided By Writ Courts Unless Custody Is Illegally Retained: Orissa High Court

The Orissa High Court has held that the Writ Courts should not decide child custody battles through habeas corpus petitions unless it is found that the custody of child is retained in an illegal/unlawful manner. It further ruled that if question of custody entails complexities or requires detailed inquiry, it is incumbent upon the writ court to remit the case to competent Civil Court for...

'Patentee Can't Be Made To Suffer For Negligence Of Agent': Orissa High Court Allows Restoration Of Expired Patent Beyond Deadline

The Orissa High Court has recently allowed a patentee to file application before the Controller for restoration of patent, even after expiry of the permissible restoration window of eighteen months, which ceased to have effect due to non-payment of renewal fees by the patent agent.While granting relief, the Bench of Justice Bibhu Prasad Routray held that a patentee cannot be made to suffer...