Orissa High Court
Mere 'Absconding' Not Conclusive Proof Of Guilt Against Accused In Cases Of Murder: Orissa High Court
The Orissa High Court has clarified that merely because an accused person absconded, he cannot be held guilty of the alleged crime and in cases of grave crimes like murder, the solitary conduct of the accused in absconding may not be given undue weightage ignoring other factors.While reiterating the position of law, the Division Bench of Justice Sangam Kumar Sahoo and Justice Sanjay Kumar...
Person Added As Accused U/S 319 CrPC During Trial Can Also Apply For 'Anticipatory Bail' U/S 438 CrPC: Orissa High Court
The Orissa High Court has held that a person, who is added as an accused during trial by the Court under Section 319 of the Code of Criminal Procedure, is also entitled to seek anticipatory bail if he is summoned by the Court.The Single Bench of Justice Sashikanta Mishra clarified that under Section 319(3) of the CrPC, the trial Court is empowered to detain a person summoned by it for the sake...
Orissa High Court Criticizes Ineffective Investigation In Cyber Crimes Cases; Asks State To Apprise About Policies To Tackle Such Crimes
The Orissa High Court has expressed grave concerns over inaction of police as well as the State Government to tackle the menace of increasing cyber-crimes in the State. While criticizing the cyber-crime police for its dismal performance, the Single Bench of Justice Chittaranjan Dash held:“From the reports placed in the Court it can very well be presumed that the manner the Cyber Crimes...
Orissa High Court Frowns Upon Police Inaction Against 'Kangaroo Court'; Directs IG To Ensure Action
The Orissa High Court has come down heavily on the police authorities of the State for their 'complacence' in failing to take action against the 'Kangaroo Courts' held in dereliction of provisions of law.While criticizing the police inaction, the Single Bench of Justice Sanjeeb Kumar Panigrahi observed –“It appears that except lodging an FIR against the culprits, the Police have not taken...
Orissa High Court Annual Digest 2023
Citations: 2023 LiveLaw (Ori) 01 To 2023 LiveLaw (Ori) 120 [Citations 1-120]Nominal Index:Animesh Chakraborty v. State of Odisha, 2023 LiveLaw (Ori) 1Vedanta Limited, Jharsuguda v. Union of India, 2023 LiveLaw (Ori) 2Soli @ Sulachana Jena & Anr. v. Chief Executive Officer, NESCO (Electrical), Balasore & Anr., 2023 LiveLaw (Ori) 3Sk. Jumman @ Badruddin v. State of Odisha, 2023...
Joinder Of Wife's Paramour As 'Defendant' Not Mandatory In All Cases Of Divorce On Ground Of Adultery: Orissa High Court
The Orissa High Court has ruled that joinder of paramour of the wife as 'defendant' is not mandatory in all cases of divorce on the ground of adultery.While interpreting Rule 5 of the Hindu Marriage and Divorce (Orissa High Court) Rules, 1956 ('the Rules'), the Division Bench of Justice Arindam Sinha and Justice Mruganka Sekhar Sahoo held:“Though the rule mandates making of the paramour as...
Doctors Should Write In Capital Letters Or Legible Handwriting : Orissa High Court
In an interesting order, the Orissa High Court has directed the Chief Secretary, Government of Odisha to issue direction to all the doctors of the State to write medical prescriptions, post-mortem reports and all other medico-legal documents either in capital letters or in legible handwriting.While highlighting the difficulty faced by the judicial officers to comprehend “zig zag...
Orissa High Court Directs State Govt To Withhold Final Orders On Establishment Of New Districts Sans Court Approval
The Orissa High Court last week directed the State government to refrain from issuing a final order on district reorganization without the leave of the court. This comes as a setback for the state government which was contemplating creating a new district of Padampur, a sub-division of Bargarh district, as a new district."...this Court feels it necessary that the process of reorganization of...
Special Parole Granted During COVID Can't Be Counted While Calculating Period Of Imprisonment: Orissa High Court
The Orissa High Court clarified that the period of special parole availed by prisoners due to the outbreak of the COVID-19 pandemic cannot be counted as a period of imprisonment and thus, while counting the period of imprisonment undergone by a convict, the special parole period has to be excluded.While denying relief to the petitioner who urged the Court to release him from jail custody,...
Accused On Interim Bail Deemed To Be In 'Constructive Custody' Of Court; Need Not Surrender To Avail Regular Bail: Orissa High Court
The Orissa High Court has recently held that the accused released on interim bail is deemed to be in 'constructive custody' of the Court in seisin over the matter and hence, he need not surrender before it again to be released on regular bail.While granting bail to two accused persons, the Single Bench of Justice V. Narasingh observed:“The word custody has not been defined in Cr.P.C.. Yet...
Orissa High Court Imposes ₹1 Lakh Cost On 'Frivolous' Plea Seeking To Declare S.69(ii) Of The Representation Of People Act As Unconstitutional
The Orissa High Court has dismissed a plea seeking to declare Section 69(ii) of the Representation of People Act, 1951 as unconstitutional, and imposed a cost of Rs 1 lakh on the petitioner. The petition, which was filed by one Bibhutibhusan Mohapatra, urged the Court to declare the aforesaid provision unconstitutional to have fair elections because democracy is the basic structure of...
Such Judicial Adventurism Must Be Shunned: Orissa HC Criticises Trial Court For Sending Accused To Police Remand, Despite HC Granting Anticipatory Bail
The Orissa High Court has come down heavily on a Special Vigilance Judge for denying bail to two persons accused in a corruption case and sending them to police remand despite a previous order by the High Court granting them anticipatory bail.Making adverse remarks against the manner in which the trial Judge summoned and remanded the accused into custody, the Single Bench of Justice V....