'Conviction Based On Surmise & Conjecture': Orissa High Court Acquits Man Held Guilty For Murder Of Adoptive Parents In 1996

The Orissa High Court has recently acquitted a man held guilty by the trial Court for murder of his adoptive parents in the year 1996. While terming the conviction to be based on “surmise and conjecture”, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash held –“The conclusion arrived at by the learned trial Court in convicting the appellant and the...

'Apathy Of Highest Order': Orissa High Court Criticizes Arbitrary Dropping Of RTI Proceeding By Information Commission

The Orissa High Court has come down heavily on the State Information Commission (SIC) for its apathetic and arbitrary attitude in denying/dropping a plea made under the Right to Information Act ('RTI Act') way back in 2018.While highlighting the contradictory stand taken by the Commission in order to avoid providing information, the Bench of Justice V. Narasingh observed –“In the...

Order 21 CPC | Principle Of Res Judicata Not Applicable To Execution Proceedings: Orissa High Court

The Orissa High Court has recently held that the principle of res judicata, as provided under Section 11 of the Code of Civil Procedure (CPC), is not applicable to execution proceedings under Order XXI of the CPC as it is a 'self-contained' and 'independent Order'.Justice Ananda Chandra Behera held that non-applicability of res judicata is a fundamental rule of civil law. In his words –“It...

Railways Strictly Liable For Death Of Passenger Who Accidentally Fell From Train & Was Run Over: Orissa High Court

The Orissa High Court has held that an accidental fall of a passenger from a moving train followed by he being run over by the same train or by another train, is an 'untoward incident' as defined under Section 123(c)(2) of the Railways Act, 1989 ('the Act') which makes the Railway Department strictly liable to pay compensation for the death.While holding the Railway liable for unfortunate...

'No Fetters On Using Upper Ground': Orissa High Court Allows Cuttack Administration To Hold Bali Jatra On Both Lower & Upper Grounds

The Orissa High Court on Thursday (October 09) made it clear that no judicial fetter has been put upon the District Administration of Cuttack for holding the historic 'Bali Jatra', set to commence next month, in the upper ground.The matter was mentioned before a Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh, which was hearing a suo moto public interest litigation...

Orissa High Court Orders Rehabilitation Of 16th-Century Samaleswari Temple's Sevayat During Ongoing Renovation Work

The Orissa High Court has directed the official authorities to take positive steps to rehabilitate a hereditary Sevayat of the 16th Century Samaleswari Temple (in Balangir District), who is performing Sevapuja of Goddess Samaleswari Devi, till the completion of ongoing temple renovation work. A Bench of Justice Sanjeeb K. Panigrahi passed the order while hearing a writ petition...

Orissa HC Allows Premature Withdrawal Of Post Bank Fixed Deposit For Marriage, Says Hindu Law Recognises It As 'Necessity'

The Orissa High Court has ordered the Post Bank to allow a woman to prematurely withdraw/encash a sum of money, which she had invested in fixed deposits, in order to bear the expenses of a marriage in the family.Refuting the stance of the bank that no such premature withdrawal is permissible, the Bench of Justice Dixit Krishna Shripad was of the opinion that marriage is recognised as...

S. 250(1) BNSS | POCSO Accused Can File Discharge Application Within 60 Days Of Receiving Police Papers: Orissa HC Issues Directions

Filling a legislative gap concerning interplay of the Bharatiya Nagarik Suraksha Sanhita ('BNSS') and the Protection of Children from Sexual Offences Act ('POCSO Act') regarding limitation period for filing a 'discharge application', the Orissa High Court has held that an accused under the latter enactment can prefer an application seeking discharge under Section 250(1) of the BNSS within...

Compassionate Appointment Can't Be Denied On Hyper-Technical Medical Terminology When Cause Of Death Falls Within Eligible Diseases: Orissa HC

A Division bench of the Orissa High Court comprising Justice S.K. Sahoo and Justice S. S. Mishra held that when medical records from a premier government hospital clearly establish that the deceased employee suffered from cardiac and kidney ailments and died due to cardiac arrest, such death falls within the diseases specified under the Compassionate Appointment Scheme and the company...

Unfair To Generalise That Wives Are Breeding A Class Of Idle Women To Burden Husbands To Pay Maintenance: Orissa High Court

The Orissa High Court recently observed that unless there is clear material evidence of income or actual prospects of earning, it would be 'unfair' to generalize that educated wives intentionally avoid working only to saddle their husbands with liability to pay maintenance A bench of Justice Gourishankar Satapathy, while dismissing a revision petition filed by a husband against...

'Railway Strictly Liable For Death Of Passenger': Orissa High Court Grants ₹9.23 Lakh Compensation For Man's Death Due To Sudden Train Jolt

“Beneficial legislation must be given effect to in a manner that heals, not in a manner that harms,” the Orissa High Court recently remarked while directing the Railway Department to pay compensation to the kin of a deceased person who succumbed to the fatal injuries sustained during a train travel in the year 2006.Dr. Justice Sanjeeb Kumar Panigrahi criticised the railway department for...

Orissa High Court Dismisses Review Plea Challenging Exoneration Of Ex-Registrar General From Disciplinary Action

The Orissa High Court on Wednesday (September 17) dismissed a review petition, filed by the High Court through its administrative side, against a May, 2025 judgment which exonerated a former Registrar General from disciplinary actions for registering a suo moto case without obtaining permission from the then Chief Justice.A Division Bench of Justice Sangam Kumar Sahoo and Justice Sibo...