Orissa High Court
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...
S. 175(3) BNSS | Mandatory For Magistrate To Hear Police Officer On Refusal To Register FIR Before Passing Order For Investigation: Orissa HC
The Orissa High Court has held that before passing order for investigation, it is mandatory for the Magistrate to hear the submissions of the police officer upon his refusal to register First Information Report (FIR), apart from considering the application supported by an affidavit made by the complainant to the Superintendent of Police and making proper inquiry.Clarifying the position of...
Order 32 CPC | 'Next Friend' Of Minor Need Not Necessarily Be A Guardian U/S 4(b) Of Hindu Minority & Guardianship Act: Orissa High Court
The Orissa High Court has held that the 'next friend', as provided under Order XXXII of the Code of Civil Procedure (CPC), need not necessarily be a 'duly appointed guardian' as defined under Section 4(b) of the Hindu Minority and Guardianship Act, 1956 (the 1956 Act).Elucidating the position of law as to eligibility for appointment as 'next friend', the Single Bench of Justice Sanjay...
'Bhagavad Gita Says Realisation Of Guilt Leads To Redemption': Orissa HC Quashes Case Against 'Name-Sake' Who Returned Mistakenly Received Compensation
The Orissa High Court has quashed a criminal case against a 'name-sake person', for receiving a compensation amount against the acquisition of land in good faith, whose name, parentage and address resembled another person who was in fact entitled to the amount.As the petitioner returned the received money after knowing about the mistake, the Bench of Justice Sibo Sankar Mishra deemed it proper...
Judiciary Aspirant's Answer To A Question Not Evaluated: Orissa HC Cautions Public Service Commission, Orders ₹1 Lakh Compensation
The Orissa High Court on Monday orally criticised the Odisha Public Service Commission (OPSC) for "haphazard scrutiny" which resulted in non-evaluation of a long question carrying 12.5 marks of a candidate of Odisha Judicial Service Examination-2022.Acknowledging the serious flaw in marking process highlighted by the petitioner, the Division Bench of Justice Sangam Kumar Sahoo and...
Orissa High Court Comes To Rescue Of Tribal Family Ostracised For 18 Years Over Suspected Sorcery, Allows Them To Perform Death Rituals
The Orissa High Court has recently come to the rescue of a family, hailing from a tribal hamlet in the Bangiriposi region of Mayurbhanj district, statedly ostracized by the co-villagers for decades and even prevented from observing death rituals of a family member.Sundar Mohan Majhi, a tribal man sought interference of the Court by filing a writ petition seeking action against the accused...
'Tender Years Doctrine': Orissa HC Restores Custody Of Infant Girl With Mother Accused Of Abandoning Her And Kidnapping Male Child
The Orissa High Court has restored the custody of an infant girl with her biological mother, who was accused of abandoning her while stealing a male child from a hospital. The Court applied the 'doctrine of tender years' to grant relief to the mother who is facing trial for commission of offence of kidnapping.The Single Bench of Justice Sibo Sankar Mishra highlighted the...
Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court
The Orissa High Court bench of Justice S.K. Panigrahi has held that a plain reading of Sections 6 and 10(3) of the Commercial Courts Act, 2015, leads to the conclusion that the appropriate 'court' to consider a commercial dispute, even if it arises under the Arbitration and Conciliation Act, would be the commercial court and an appeal would, therefore, lie only before the...
Employee Has No Vested Right To Choose Place Of Posting & Designation: Orissa High Court
The Orissa High Court has recently reiterated that an employee has no vested right to choose his place of posting or designation and it is only the prerogative of the employer to decide the same keeping the public interest and larger exigency in view.While setting aside challenge of the petitioner to the decision of the Administrative Tribunal, the Division Bench of Justice Sangam Kumar Sahoo...