Orissa High Court
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....
Not Proving 'Viscera Report' In Suspected Cases Of Murder By Poison, Is Misconduct By Investigating Agency: Orissa High Court
The Orissa High Court has reiterated that the investigating agencies are duty bound to send 'viscera sample' for chemical examination in all suspected cases of murder due to 'poisoning' and must place the viscera report before the trial Court after obtaining the same from Forensic Laboratory.While terming the omission on the part of police to obtain viscera report a 'misconduct', the...
Orissa High Court Orders ₹10 Lakh Compensation For Father Of Minor Mauled To Death By Stray Dogs In 2016
The Orissa High Court, on Wednesday, ordered the Puri Municipal Corporation to pay rupees ten lakhs compensation to the father of a minor boy who was attacked and mauled to death by four street/stray dogs in 2016.While fixing the responsibility of the Municipal Corporation, the Division Bench of Acting Chief Justice Dr. BR Sarangi and Justice MS Raman held:“The facts and circumstances...
Trial Courts Must Be Circumspect Before 'Pestering' On Personal Attendance Of Doctors, Public Servants While Issuing Summons: Orissa High Court
The Orissa High Court has held that trial Courts must be careful and should balance the mandate of law (requiring personal attendance of an accused) and requirements of the general public while pestering on the personal attendance of a public servant, particularly a doctor, whose presence is very much necessary in the hospital.While dispensing with the personal attendance of lady...
Orissa High Court Raps Ex-Collector Of Cuttack For Filing False Affidavit In Illegal Sand Mining Case
The Orissa High Court has come down heavily on the State authorities and particularly, on a former Collector of Cuttack for swearing a false affidavit and submitting the same before the Court.While taking cognizance of the matter, the Division Bench of Acting Chief Justice Dr. Bidyut Ranjan Sarangi and Justice Murahari Sri Raman sternly observed,“It is observed on scrutiny that...
Orissa High Court Allows Expenditure Towards Contribution For Running Of School As Business Expenditure
The Orissa High Court has held that the expenditure towards the contribution for the running of the school is a business expenditure.The bench of Justice S.K. Panigrahi and Justice G. Satapathy has observed that expenditure towards contribution for the running of the school is an expenditure for the smooth functioning of the business of the assessee and also an expenditure wholly and...
Orissa High Court Issues Contempt Notice To DSP For Non-Appearance Despite Notice; Orders DGP To Ensure His Presence On Next Date
The Orissa High Court has issued contempt notice to a police officer in the rank of Deputy Superintendent of Police (DSP) for not appearing before it through virtual mode despite of previous notice and intimation through Government lawyer.The Single Bench of Justice Sangam Kumar Sahoo also directed the Director General of Police (DGP) to ensure the presence of the DSP before the Court on the...
Appeal Against ITAT Order Dismissing Revenue’s Recall Application Does Not Lie Before High Court: Orissa High Court
The Orissa High Court has held that the order passed by the Income Tax Appellate Tribunal (ITAT) dismissing the department’s appeal on the ground of the low tax effect is appealable before the High Court under Section 260A of the Income Tax Act, 1961; however, an appeal against the ITAT order dismissing Revenue’s recall application does not lie before the High Court.The bench of Acting...
Denial Of Promotion/Service Benefits For Prolonged Pendency Of Criminal Trial Amounts To ‘Double Jeopardy’: Orissa High Court
In an important decision, the Orissa High Court has opined that denial of promotion and other statutory rights and service benefits, merely because of long pendency of criminal trial, amounts to ‘double jeopardy’ and violates constitutional rights of the delinquent employee.While directing the authorities to give promotion to the petitioner, making it subject to result of the criminal...
Husband's Request To Father-in-Law For Money To Arrange Job With Assurance Of Repayment Not 'Dowry Demand' : Orissa High Court
The Orissa High Court has held that a request for a sum of money by the husband to his in-laws for arranging a job for himself, which he assured to repay, will not amount to demand of ‘dowry’ as per Section 2 of the Dowry Prohibition Act.The Single Bench of Justice Sangam Kumar Sahoo was hearing an appeal filed a person accused of committing murder of his wife in connection with demand...