Orissa High Court
Passing Orders Without Granting Opportunity For Cross-Examination Violative Of Principles Of Natural Justice: Orissa High Court
The Orissa High Court has held that denying the opportunity for cross-examination of witnesses before passing orders, involving civil consequences is violative of the principles of natural justice.While granting relief to the petitioners against the order of the Railway Tribunal, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed:“Justice must not only be done but must also...
Denying Compassionate Appointment To Dependant 'Married Daughters' Violative Of Articles 14, 15 & 16(2) Of Constitution: Orissa High Court
The Orissa High Court has reiterated that married daughters cannot be denied of benefits under the Rehabilitation Assistance Scheme for appointment on compassionate grounds, after death of their fathers while in service.While granting relief to a lady, who was denied compassionate appointment on the ground of her marriage pursuant to the application, the Single Bench of Dr. Justice Sanjeeb...
Orissa High Court Annuls 2019 Election Of Congress MLA Mohammed Moquim For Improper Declaration Of Pending Criminal Cases
The Orissa High Court, on Monday, nullified the election of Congress MLA Mohammed Moquim from Barabati Constituency in Cuttack. While holding the 2019 election of the legislator to be void, the Single Bench of Justice Sangam Kumar Sahoo observed –“…the Respondent has not made proper and full declaration about the thirteen criminal cases pending against him in the affidavit filed in Form...
Excess Payment Made To Govt Employee Without His Fault Can't Be Recovered From His Leave Encashment Benefits After Retirement: Orissa High Court
The Orissa High Court has held that excess payment made to a government employee cannot be recovered by the employer from his 'leave encashment benefits' after his retirement, especially when it is apparent that the excess payment was erroneously made by the employer without any fault on the part of the employee.Granting relief to a former Mail Man in the postal department, the Division Bench...
Orissa High Court Asks State To Apprise Steps Taken To Provide Free Medical Treatment & Surgeries To Acid Attack Victims
The Orissa High Court has asked the State to apprise it about the steps taken by the Government to provide free medical treatment and reconstructive surgeries to the victims of acid attacks.The Single Bench of Justice Sangam Kumar Sahoo was hearing a bail application filed under Section 389 of the CrPC by a person convicted for causing assault to the victim by acid attack. On the previous...
Justice Chakradhari Sharan Singh Takes Oath As 34th Chief Justice Of Orissa High Court
Justice Chakradhari Sharan Singh, senior-most puisne Judge of the Patna High Court, on Wednesday, took oath as the 34th Chief Justice of the Orissa High Court. Raghubar Das, Governor of Odisha administered him the oath of office.His name was recommended for the post by the Collegium of the Supreme Court on November 2, 2023. The Centre notified his appointment last week.While recommending...
Murder Conviction Can't Be Solely Based Upon Evidence Found From 'Microscopic Hair Comparison': Orissa High Court
The Orissa High Court has recently held that the evidence adduced from the 'microscopic hair comparison' cannot be solely used to record a conviction for murder against an accused person.While doubting the conclusive nature of such scientific evidence, the Division Bench of Justice Sangam Kumar Sahoo and Justice Sanjay Kumar Mishra observed –“In Modi's “A text book of Medical...
Acting CJ Of Orissa High Court Reconstitutes Commercial Appellate Division Comprising Justices AK Mohapatra & MS Raman
The Acting Chief Justice of the Orissa High Court Dr. Justice Bidyut Ranjan Sarangi has reconstituted the 'Commercial Appellate Division' having a single Division Bench comprising Justice Aditya Kumar Mohapatra and Justice Murahari Sri Raman.Section 5 of the Commercial Courts Act, 2015 empowers the Chief Justices of High Courts to constitute Commercial Appellate Division having one or...
SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ('the Act'), if no prima facie offence is made out.While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held...
Orissa High Court Formulates SOP For Disbursal Of Enhanced Pay To Judicial Officers
Pursuant to the directions given in All India Judges' Association v. Union of India & Ors., whereby the Supreme Court ordered the State Governments to pay the arrears to judicial officers in terms of enhanced pay scales as per the recommendations of the Second National Judicial Pay Commission (SNJPC), the Acting Chief Justice of the Orissa High Court Dr. Justice Bidyut Ranjan Sarangi...
Orissa High Court Weekly Round-Up: January 15 To January 21, 2024
Citations: 2024 LiveLaw (Ori) 4 To 2024 LiveLaw (Ori) 9Nominal Index:Jaga @ Jagabandhu Mohalik v. State of Orissa, 2024 LiveLaw (Ori) 4Sk. Sadab Kadir & Ors. v. Saher Saniya, 2024 LiveLaw (Ori) 5Maxi @ Maximus Soreng v. State of Odisha, 2024 LiveLaw (Ori) 6Sangram Keshari Mohanty v. State of Odisha & Ors., 2024 LiveLaw (Ori) 7Krushna Dom @ Domb v. State of Odisha, 2024 LiveLaw (Ori)...