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...

Affidavit Disclosing Assets Mandatory In Maintenance Proceedings: Orissa HC Laments Non-Compliance Of SC Guidelines By Family Court

The Orissa High Court has expressed displeasure over the recalcitrance of a Family Court in following guidelines issued by the Supreme Court which mandated a person to file an affidavit disclosing his/her assets while making a maintenance application and the respondent to submit his reply along with a similar asset affidavit, only after which a maintenance case can be...

Two Persons With Same Name Claim 'Padma Shri', Orissa High Court Orders Their Personal Appearance For Verification Of Portfolios

In a peculiar development, the Orissa High Court on Tuesday was riddled with a controversy revolving around two persons with the same name claiming their respective entitlement to the fourth-highest civilian honour of the country, i.e. Padma Shri.A writ petition was filed by one Antaryami Mishra, a doctor by profession and an Odia litterateur. He informed the Court about his impressive...

Orissa High Court Stays Non-Bailable Warrant Against Malkangiri's Ex-Collector Manish Agarwal In Suspicious Death Case Of His PA

The Orissa High Court on Friday stayed a non-bailable warrant (NBW) issued by the Sub-Divisional Judicial Magistrate (SDJM), Malkangiri against the district's former Collector Manish Agarwal for his repeated disobedience to summons in a case relating to suspicious death of his Personal Assistant (PA) in 2019.Case BackgroundDeba Narayan Panda (deceased) was working as the PA to Manish...

Orissa High Court Refuses To Stay Release Of Odia Movie 'Sanatani' For Allegedly Being Derogatory To Christian Religion

The Orissa High Court has declined to stay the release of Odia movie 'Sanatani' amidst allegations of it being derogatory to Christian religion and having potential to cause unrest and disruption of the law-and-order situation.Two writ petitions filed by the petitioners Idma Kurami and Amodh Kumar Bardhan were jointly taken up for hearing on Wednesday by the Division Bench of Acting Chief...