Orissa High Court Denies Anticipatory Bail To Two For Alleged Murder Of Assistant Forest Conservator Soumya Mohapatra

The Orissa High Court in the last week rejected the pre-arrest bail pleas of the then District Forest Officer (DFO), Paralakhemundi and his cook for their alleged involvement in the suspicious death of Assistant Conservator of Forests (ACF) Soumya Ranjan Mohapatra in July, 2021.Upon perusing the case papers, the Bench of Justice V. Narasingh did not find any merit in the anticipatory bail...

Court May Direct Deposit Of 100% Of Awarded Amount Before Granting Stay U/S 36(3) Arbitration Act: Orissa High Court

The Orissa High Court held that directing a 100% deposit of the awarded amount as a pre-condition for granting stay under section 36(3) of the Arbitration and Conciliation Act, 1996 (Act) is legally valid and consistent with the settled jurisprudence of the Supreme Court. Dr. Justice Sanjeeb K. Panigrahi held that “where the arbitral award is in the nature of a money decree,...

Balasore Self-Immolation Case | Orissa High Court Rejects Bail Pleas Of HOD & Principal Of FM College, Grants Bail To Two Student Accused

The Orissa High Court on Wednesday (October 22) rejected the bail pleas of the Head of the Department ('HOD') of Teacher's Education and Principal of the Fakir Mohan Autonomous College, Balasore ('FMAC') for their alleged involvement in unfortunate death of an under-graduate female student, who set herself ablaze by pouring petrol on the college campus in July.Acknowledging the gravity of...

Bank Can't Unilaterally Deduct Money From Pension Account Of Retired Employee To Recover Guaranteed Amount: Orissa High Court

The Orissa High Court has held that a Bank has no legal authority to unilaterally deduct/debit money from the pension account of a retired employee/pensioner merely on the ground that such employee stood as guarantor in a loan which could not be repaid.While asking the Bank to refund the deducted amount to the petitioner, the Bench of Dr. Justice Sanjeeb Kumar Panigrahi remarked –“The...

Orissa High Court Quashes 'Strange' Order By POCSO Court Denying Bail To School Principal Booked In Bailable Offence

The Orissa High Court has quashed an order passed by a Special Court under the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') which denied bail to the Principal of a Higher Secondary School for failing to report alleged sexual harassment meted out to a minor female student by a Lecturer.While setting aside the impugned order, the Bench of Justice Gourishankar...

Orissa High Court Sets Aside Family Court Order Denying Visitation Rights To Father Pending Custody Battle, Orders Fresh Consideration

The Orissa High Court has recently set aside an order passed by a Family Court whereby the biological father was denied visitation rights to meet his son while the custody case is pending for consideration.A Single Bench of Justice Sanjay Kumar Mishra gave much emphasis to the visitation rights of parents and underlined that such rights should be determined keeping in view the best interest...

Cheque Dishonour Proceedings Can Be Sustained Against Directors & Signatories Of Company Even If It Is Declared Insolvent: Orissa High Court

The Orissa High Court, Bench comprising Justice Chittaranjan Dash, has ruled that the proceedings under section 138 of the NI Act will sustain against the directors or signatories of the company even if the entity has been declared insolvent under the IBC, 2016. The complainant extended a loan of Rs. 1 Cr. to Zenith Mining Pvt. Ltd., which remains unpaid. The check issued by...

'Death Certificate Can't Be Sought In Contemplation Of Death': Orissa HC Urges Relaxation On Limitation In Compassionate Appointment Cases

The Orissa High Court has asked the State Government to consider excluding the time period taken by legal heirs in obtaining a death certificate, a legal heir certificate, a distress certificate etc., from the limitation period for applying for a compassionate appointment in lieu of the death of a government employee in harness.While granting relief to a lady seeking rehabilitation assistance...

Objections U/S 47 CPC Can't Be Entertained In Enforcement Of Arbitral Awards U/S 36 Of A&C Act: Orissa High Court

The Orissa High Court has recently held that objections under Section 47 of the Code of Civil Procedure ('CPC') cannot be allowed to be raised in the enforcement proceeding of an arbitral award, as enunciated under the provision of Section 36 of the Arbitration and Conciliation Act, 1996 ('A & C Act').While bringing clarity as to applicability of Section 47 of CPC to arbitral proceedings,...

S. 138 NI Act | Directors Can't Escape Liability For Cheque Dishonour Merely Because Company Is Declared Insolvent: Orissa High Court

The Orissa High Court has recently held that directors of a company cannot be absolved of their liability for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 ('the NI Act') merely because the company was declared insolvent and a Resolution Professional was appointed under the Insolvency and Bankruptcy Code, 2016 ('the IBC').While determining the extent...

Gratuity Can't Be Withheld To Recover Loan Default Even If Retired Employee Was Guarantor : Orissa HC

A Division bench of the Orrissa High Court comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman held that gratuity cannot be withheld or forfeited to recover a loan default, even if the retired employee stood as a guarantor, unless termination occurred for misconduct provided under Section 4(6) of the Payment of Gratuity Act, 1972. Background Facts The...

Informant Can Be Arrayed As Accused If Investigation Reveals His Complicity, No Need To Register Separate FIR: Orissa High Court

The Orissa High Court has recently clarified that the informant of a First Information Report (FIR) can be arrayed as an accused if investigation reveals his complicity or any incriminating material points towards his involvement in the crime.A Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash further made it clear that there is no need on the part of the...