Orissa High Court
"Very Easy To Blame Lawyer": Orissa HC Refuses To Condone Delay In Case First Launched In 2006, Says Litigant Did Not Keep Touch With Advocate
The Orissa High Court has held that an advocate cannot be blamed for sheer negligence of a party resulting in considerable delay in compliance of Court’s order. While denying condonation of delay to the petitioner, the Division Bench of Chief Justice Subhasis Talapatra and Justice Sangam Kumar Sahoo observed,“It is very easy to change lawyer and to put blame on the earlier lawyer for...
‘Orissa Association For The Blind’ Not State Under Article 12: High Court
The Orissa High Court has held that the ‘Orissa Association for the Blind’ does not come under the definition of ‘State’ as provided under Article 12 of the Constitution and thus, it is not amenable to the writ jurisdiction of the Court. While rejecting a writ petition filed by an employee against the organisation, the Single Judge Bench of Justice Biraja Prasanna Satapathy...
‘A Person Hardly Expected To Outrage Modesty Of Aunt Along With Brother’: Orissa High Court Quashes Man's Conviction U/S 354 IPC
The Orissa High has acquitted a man accused of outraging the modesty of his aunt, being associated with other accused persons including his brother, in a 31-year-old-case. While giving relief to the appellant, the Single Bench of Justice Sashikanta Mishra observed,“Learned Sessions Judge therefore, could not persuade himself to believe that an elder brother and younger brother would...
Display Penal Consequences Of Sexual Harassment, Provide Complaint No.: Orissa HC Gives Last Chance To Centre, State To Comply With S.19(b) POSH Act
The Orissa High Court has given last chance to authorities under both the Union and the State Government to implement the mandate under Section 19(b) of the Sexual Harassment of Women and Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the ‘POSH Act’). The said provision requires all the employers to display at any conspicuous place in the workplace, the penal consequences...
S.32B NDPS Act | Trial Court Must Assign Specific Reasons For Imposing Higher Than Minimum Sentence Prescribed: Orissa High Court
The Orissa High Court has held that the trial Courts must avoid giving generic reasons and must provide specific factors while imposing higher than the minimum sentences prescribed under the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’).While clarifying the mandate under Section 32B of the Act, which provides for factors to be taken into account for imposing higher...
Notaries Cannot Register Marriage Or Issue Marriage Certificates: Orissa High Court
The Orissa High Court has reiterated that ‘notaries’ cannot register marriage as they are not authorised to do so under the Notaries Act, 1952. The Division Bench of Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra, while asking them to abstain from issuing marriage certificates, observed:“Due to such extra-legal and subterfuge arrangements by the Notaries, parties are made...
S.173(8) CrPC | Seeking Permission From Court To Conduct Further Investigation ‘Desirable’ But ‘Not Mandatory’: Orissa High Court
The Orissa High Court has recently held that an order of cognizance cannot be quashed merely because the police conducted ‘further investigation’ under Section 173(8) of the Code of Criminal Procedure without obtaining formal permission from the Court.While refusing to quash the order of cognizance against the petitioner, the Single Bench of Justice Gourishankar Satapathy observed,“The...
‘Violates Privacy, Mental Integrity’: Orissa HC Urges Medical Professionals To Desist From Conducting ‘Two Finger Test’ On Sexual Assault Victims
The Orissa High Court has directed all the medical professionals to desist from conducting ‘two-finger test’ on the victims of sexual assaults to ascertain their virginity. The Single Bench of Justice Sangam Kumar Sahoo reiterated that the said test is unconstitutional being averse to the invaluable dignity of the victims of sexual assault and thus observed,“The medical professionals...
Advocate Attempts To Manhandle Govt Counsel In Open Court: Orissa High Court Directs Action By ‘Appropriate Authority’
In an ugly turn of events, the Orissa High Court has directed action against an Advocate for his prima facie contemptuous conduct of attempting to manhandle a government counsel during the hearing of a case in open Court. Expressing shock over the incident, the Single Bench of Justice Sanjeeb Kumar Panigrahi observed,“Advocates appearing before the Courts are the officers of the Court and...
Writ Of Habeas Corpus Can’t Be Issued To Trace Out ‘Missing Persons’: Orissa High Court
The Orissa High Court has reiterated that the writ of habeas corpus cannot be issued to trace out ‘missing persons’ as proving ‘illegal detention’ by a particular person is a pre-condition before the said writ can be put to use. While declining to grant relief to the petitioner praying for issuance of the writ to trace out her daughter, the Division Bench of Justice Sangam Kumar Sahoo...
AOR Sibo Sankar Mishra & Judicial Officer Ananda Chandra Behera Take Oath As Judges Of Orissa High Court
Advocate-on-Record Sibo Sankar Mishra and Senior Judicial Officer Ananda Chandra Behera took oath as Judges of the Orissa High Court on Tuesday. Their names were recommended by the Collegium of the Supreme Court comprising CJI DY Chandrachud, Justice Sanjay Kishan Kaul and Justice Sanjiv Khanna on August 17, 2023. The Presidential warrants of their appointment were notified by the Union...
After Orissa High Court Nudge, Husband Clears 8 Months Maintenance Arrears To Wife, Daughter Within Hours
The Orissa High Court on Friday ordered a husband to pay eight months’ arrears of maintenance amount granted in favour of his wife and minor daughter, failing which he was warned to be taken into custody as per the procedure of law.The Single Bench of Justice Sangam Kumar Sahoo was hearing a criminal miscellaneous petition filed by the petitioners who are the wife and daughter respectively...