Orissa High Court
Hindu Succession Act | Daughters Get Equal Coparcenary Rights As Sons Even If Father Died Before 2005 Amendment : Orissa High Court
The Orissa High Court has reiterated daughters’ entitlement to inherit ancestral property in view of their equal coparcenary rights, as were conferred on them by the Hindu Succession (Amendment) Act, 2005, irrespective of date of death of their fathers.Following the conclusion reached by the Supreme Court in its landmark decision in Vineeta Sharma v. Rakesh Sharma & Ors., the Division...
Orissa High Court Orders Fresh Probe By CID In Suspicious Death Of Former Hockey Player Birendra Lakra’s Friend
The Orissa High Court has recently ordered reinvestigation by CID (Crime Branch) into a suspicious death case where former Hockey Player Birendra Lakra is an accused. While underlining shoddy investigation by the police, the Single Judge Bench of Justice Sashikanta Mishra observed,“In fact, even the evidence collected by the I.O. is not such as would completely rule out foul play. There...
Orissa High Court Warns Of Contempt Action After Uttar Pradesh Police Fails To Cooperate In NDPS Case
The Orissa High Court has cautioned the Uttar Pradesh police of contempt action as it repeatedly failed to cooperate with Odisha officials in a bail matter pertaining to offence under the Narcotic Drugs and Psychotropic Substances Act, 1985. The Single Bench of Justice Sangam Kumar Sahoo was hearing an application under Section 439 of the CrPC for grant of bail to the accused-petitioner...
Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court
The Orissa High Court has recently held that undressing a girl under the age of 12 years, sleeping over her and merely asking her to penetrate her private part with male organ of the accused does not amount to rape. However, the Single Judge Bench of Justice Sangam Kumar Sahoo was of the opinion that such act would come under the purview of ‘aggravated sexual assault’ punishable under...
Supreme Court Collegium Proposes Name Of Justice Subhasis Talapatra As Chief Justice Of Orissa High Court
The Supreme Court Collegium today proposed to recommend the name of Justice Subhasis Talapatra, the senior-most Judge from the Tripura High Court, for appointment as the Chief Justice of the Orissa High Court. A vacancy in the office of the Chief Justice of the High Court of Orissa would arise in August 2023 consequent upon the retirement of CJ S MuralidharJustice Talapatra was elevated as...
No Universal Rule To Acquit An ‘Absconding Accused’ Upon Acquittal Of Other Co-Accused: Orissa High Court
The Orissa High Court has clarified that there is no strict rule that an ‘absconding accused’ must be given the benefit of acquittal in case his co-accused are acquitted of the same charges. While denying relief to a person accused of committing culpable homicide, the Single Judge Bench of Justice Savitri Ratho said,“…it is apparent that there is no universal rule that in each and...
Orissa High Court Upholds Conviction Of ‘Tantrik’ For Trafficking & Repeatedly Raping Minor Girl
The Orissa High Court has recently upheld the order of conviction and sentences imposed upon a ‘tantrik’ for kidnapping and trafficking a minor girl out of the lawful guardianship of her parents and for repeatedly committing sexual intercourse with her against her will. While denying relief to the accused, the Single Judge Bench of Justice Sangam Kumar Sahoo said,“It cannot be lost sight...
May Have Chilling Effect On Press Freedom: Orissa HC Quashes Case Against Journalist Accused Of Dissuading Public From Availing Covid-19 Treatment
The Orissa High Court has quashed pending criminal proceedings against an Input Editor of the news agency named Odisha Television Network (OTV) for telecasting a conversation between a Covid-19 patient and another person wherein the patient criticised certain inactions of the State Government in tackling the COVID pandemic.While granting relief to the journalist, the Single Judge Bench of...
Orissa High Court Upholds Acquittal Of Three Persons Accused In 2001 Keonjhar Witch-Craft Murder Case
The Orissa High Court has upheld the order of acquittal in favour of three persons accused of committing murder of a lady in 2001 suspecting her to be a ‘witch’. While extending ‘benefit of doubt’ to the accused, the Division Bench of Chief Justice Dr. Justice S. Muralidhar and Justice Gourishankar Satapathy said,“By that yardstick, the evidence brought on record by the...
Orissa High Court Confers 'Senior Designation' Upon 5 Advocates Including 1 Woman Lawyer
The Orissa High Court on Tuesday, while exercising its power under Section 16 of the Advocates Act read with Rule 7(1) of the High Court of Orissa (Designation of Senior Advocates) Rules, 2019, conferred 'Senior Designation' on the following five lawyers, including one woman lawyer. 1. Shri Sunkuru Sudhakar Rao2. Shri Rudra Prasad Kar3. Shri Samir Kumar Mishra4. Shri Prafulla Kumar Rath5....
Orissa High Court Quashes Murder Charge Against Malkangiri’s Ex-Collector For Suspicious Death Of PA, Substitutes With ‘Abetment To Suicide’ Charge
The Orissa High Court has quashed the murder charge levelled against IAS officer Manish Agarwal, a former Collector of the district of Malkangiri, for mysterious death of his Personal Assistant (PA) in 2019. However, the Single Judge Bench of Justice Sashikanta Mishra sustained the charge of abetment to suicide and criminal conspiracy against the ex-District Magistrate and other accused...
Claimants Need Not File Petition In Supreme Court To Transfer Motor Accidents Claims Made In Different Territorial Jurisdictions: Orissa HC Registry
The Registry of Orissa High Court on Wednesday notified that in motor accident claim cases, if the claimant(s) have filed separate claim petition(s) in the territorial jurisdiction of different High Courts, the first claim petition filed by them shall be maintained by the said Claims Tribunal and the subsequent claim petition(s) shall stand transferred to the Tribunal where the first...