Prosecution Must Examine Magistrate Who Conducted Test Identification Parade As 'Witness' During Trial: Orissa High Court

The Orissa High Court has held that the prosecution must examine the Magistrate, who conducts the Test Identification Parade (TIP), as a 'prosecution witness' so as to ascertain the and identify any irregularity caused during such exercise.Highlighting the importance of the testimony of the Magistrate for the cause of justice, the Single Judge Bench of Justice Sangam Kumar Sahoo held –...

Convict Can't Seek Writ Of Habeas Corpus For Release From Custody: Orissa High Court Denies Relief To Maoist Leader Sabyasachi Panda

The Orissa High Court has clarified that a convict as well as an undertrial prisoner cannot claim remedy under the writ of habeas corpus, seeking to release him from lawful imprisonment/custody, on the ground of violation of fundamental right to life and personal liberty.While denying relief to Maoist leader Sabyasachi Panda, the Division Bench of Justice Arindam Sinha and Justice Mruganka...

Orissa High Court Grants ₹5 Lakhs Compensation To +3 Student Wrongly Declared As 'Fail' By Sambalpur University In 1999

The Orissa High Court has ordered Sambalpur University to pay five-lakh rupees compensation to a student who was erroneously declared as 'fail' in his +3 examinations held in 1999.While highlighting the delicate role played by the Universities in deciding the future of students, the Single Judge Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed–“Universities hold a...

Name Of Sexual Assault Victim Not To Be Disclosed In Deposition Sheets; Signature Of Prosecutrix To Be Taken On 'Separate Sheet': Orissa High Court

The Orissa High Court has expressed anguish over disclosure of names of victims of sexual offences in case records/deposition sheets despite clear statutory mandate against mentioning the same, which has been endorsed and reiterated by the authoritative pronouncements of the Supreme Court time and again.While pointing out the error committed by the trial Court Judge, the Single Bench of...

Service Of A Government Servant Does Not Qualify For Pension Unless Their Appointment, Duties, And Pay Are Regulated By Or Under The Orders Of The Government: Orissa High Court

A division bench of the Orissa High Court, comprising Mr. Chakradhari Sharan Singh (Chief Justice) and Mr. M.S. Raman (Judge), while deciding an Appeal in the case of State of Odisha & Ors vs. Banamali Samal & Ors held that the service of a government servant does not qualify for pension unless he is appointed and his duties and pay are regulated by the government or under the orders...

Orissa High Courts Bins PIL Filed By BJP Leader Seeking To Restrain State Govt From Using BJD's 'Conch' Symbol In Welfare Schemes

The Orissa High Court has dismissed a petition seeking to restrain the Odisha Government from using the 'conch' symbol of ruling Biju Janata Dal (BJD) from the advertisements of different welfare schemes.A writ petition in the nature of Public Interest Litigation (PIL) was filed by Jatin Mohanty, General Secretary of Bharatiya Janata Party (BJP), praying to restrain the Government from using...

MSME Act | Council Cannot Entertain Application For Maintainability Of Reference At Conciliation Stage: Orissa High Court

The Orissa High Court single bench of Justice KR Mohapatra held that Micro & Small Enterprises Facilitation Council doesn't have power to entertain an application with regard to the maintainability of the reference at the conciliation stage under Micro, Small And Medium Enterprises Development Act, 2006. It held that question of maintainability can only be adjudicated if arbitration...

'Entitled To Live With Dignity': Orissa High Court Grants Bail To NDPS Accused Suffering From HIV-AIDS

The Orissa High Court has granted bail to a man accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 observing that his living with dignity in a congenial environment is not possible behind bars as he suffers from HIV-AIDS.While granting relief to the petitioner, the Single Bench of Justice Savitri Ratho held:“As the petitioner is HIV+, even though the jail authorities...

Exact Time Of Death Can't Be Conclusively Ascertained On Basis Of Presence Or Absence Of 'Rigor Mortis': Orissa High Court

The Orissa High Court has recently held that the conclusive proof of exact time of death cannot be ascertained on the basis of presence or absence of 'rigor mortis', which is a post-mortem change resulting in stiffening of body muscles due to chemical changes in the dead body.While clarifying the position with regard to reliability of the scientific evidence, the Division Bench of Justice...

Orissa High Court Grants ₹2 Lakh Interim Compensation For Death Of Man Who Allegedly Fell From Moving Train While In Police Custody

The Orissa High Court has ordered rupees two lakh interim compensation to the mother of a 22 year-old man who allegedly died of falling from moving train while he was under the custody of the police.The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi held:“Though the authorities have termed the incident as a negligent act of the deceased, foul play cannot be ruled out at this...

S.133 CrPC | Magistrate's Duty To Remove Encroachments From Public Properties 'Mandatory' In Nature; Orissa High Court Issues Guidelines

The Orissa High Court has issued a slew of guidelines to Executive Magistrates for the removal of encroachments from public properties. It has further clarified that any dereliction in complying with the guidelines would entail disciplinary action against such Magistrates.Construing the duty of Magistrates under Section 133 of the Code of Criminal Procedure to be 'mandatory' in nature,...

Odisha Court Awards Death Sentence To Five Persons For Committing Murder, Chopping & Attempting To Eat Body Parts Over Political Rivalry

A Sessions Court in Odisha's Keonjhar has convicted and sentenced five persons to capital sentence and ordered to hang them by neck till death for committing murder of an ex-Block chairman and Congress leader, amputating his hands and legs and attempting to eat the body parts.Describing the depravity with which the crime got unfolded, the Additional District & Sessions Judge of Anandapur...