Orissa High Court
Orissa HC Imposes ₹25K Cost On Wife For Suppressing Timeline Prescribed By Supreme Court For Disposal Of Matrimonial Dispute By Family Court
The Orissa High Court has recently imposed costs of Rs. 25,000/- on a wife for suppressing the timeline fixed by the Supreme Court, while allowing transfer of the case, for disposal of the marital dispute by the Family Court.Observing that she made an attempt to mislead the Court to obtain a favourable order, the Single Judge Bench of Justice Krushna Ram Mohapatra said,“…this Court with...
Orissa High Court Commences Uploading ‘Digitally Signed’ Copies Of Judgments & Orders On Its Website
The Orissa High Court has amended the Rules of the High Court of Orissa, 1948 to insert Chapter XXI-A under Part-V which introduces the system of ‘digitally signed copies’ of orders and judgments of the Court. Rules under the chapter mandate the secretarial staff preparing the order or judgment to append his/her digital signature on the soft copy of the order/judgment. The concerned staff...
“Sadly Not Alive To Constitutional Obligation”: Orissa HC Frowns Upon NDPS Judge For Rejecting Default Bail Despite Non-Submission Of Chargesheet
The Orissa High Court has criticised a Special NDPS Judge for not applying ‘judicial mind’ while denying default bail to an accused person basing upon chargesheet submitted against a co-accused. Terming the rejection order as ‘blatantly illegal’, the Single Judge Bench of Justice Sashikanta Mishra observed,“It has also been emphasized time and again that the right to be released...
Orissa High Court Passes Standing Order For Listing Bail Applications Arising Out Of Same FIR Before Same Bench
After the Supreme Court expressed concern over the prevailing practice of the Orissa High Court listing bail applications of different persons accused of crime emanating from the same FIR, the High Court has passed a Standing Order issuing following instructions modifying paragraphs 1, 2 and 3 of Standing Order No. 1 of 2020 relating to listing of bail applications under sections 438 and...
Orissa High Court Allows Writ Petition Against Arbitrator’s Order Directing Evaluation Of Assets, Being Expansion Of Scope Of Reference
The Orissa High Court has set aside the order passed by the Arbitral Tribunal under Section 26 of the Arbitration and Conciliation Act, 1996 (A&C Act), where the Tribunal had directed the appointment of an expert evaluator for evaluating the assets of the counter-claimant in the arbitral proceedings involving money claims. While noting that the claims and counter claims raised by...
100 More Courts In Districts Of Odisha Will Be Made Paperless Within Next 3 Months: Chief Justice Muralidhar
Dr. Justice S. Muralidhar, Chief Justice of the Orissa High Court has announced that 100 more paperless Courts shall be opened across various districts of Odisha within the next three months. In September last year, the then CJI UU Lalit had inaugurated 34 Paperless Courts across all 30 districts of Odisha.He was speaking at the valedictory ceremony of the two-day National Conference...
S.73 Evidence Act | Specimen Document Must Be Admitted By All Parties Before Comparing With Disputed Handwriting: Orissa High Court
The Orissa High Court has clarified that under Section 73 of the Indian Evidence Act, a specimen document must be admitted by all the parties to the dispute before that is used for comparison of hand-writing with disputed signature or document.While explaining the requirement under the said provision, the Single Judge Bench of Justice Bibhu Prasad Routray said,“Section 73 of the Indian...
S.166 MV Act | Compensation Can Be Granted Even When Accident Is Caused By ‘Standing Vehicle’: Orissa High Court
The Orissa High Court has recently reiterated that the expression “use of motor vehicles” employed under Section 165 of the Motor Vehicles Act (MV Act) includes accident caused by the offending vehicle when it is not moving and is in static/standing position.While setting aside a contrary order of the Motor Vehicle Claims Tribunal, a Single Bench of Justice Bibhu Prasad...
Elephant Corridors: Orissa High Court Stays Proceedings In Case Pending Before NGT
Observing that parallel proceedings before National Green Tribunal (NGT) and high court are not desirable, the Orissa High Court has stayed the proceedings before NGT in a case pertaining to elephant corridors till next date.On April 6, the NGT had granted one month time to the State for notifying the elephant corridors and warned that otherwise the authorities shall be liable under section 26...
Loan Amount Forming Basis Of Complaint U/S 138 NI Act Cannot Be Amended After Adducing Evidence And Cross-Examination: Orissa High Court
The Orissa High Court has held that a complainant under Section 138 of the Negotiable Instruments Act (NI Act) cannot be allowed to amend his complaint petition to change the loan amount which formed the basis of the complaint, especially when he adduced evidence stating the same amount.While setting aside an order allowing such amendment, a Single Bench of Justice Sashikanta...
Orissa High Court Orders Fresh Crime Branch Probe Into Decade Old Alleged ‘Honour Killing’ Case
The Orissa High Court has recently ordered fresh investigation by the Crime Branch into over a decade old ‘honour killing’ of a man in Rayagada district. While handing over the responsibility to the agency, the Single Judge Bench of Justice Sanjeeb Kumar Panigrahi said,“On perusal of the materials available in the case diary it reveals that there are some infirmities especially with...
High Court Can Acquit A Convict Even In Absence Of Appeal To Prevent Continuity Of Manifest Injustice: Orissa High Court
The Orissa High Court has held that even if a person, who was convicted by trial court, does not prefer appeal against his conviction and sentence, the High Court can still invoke its inherent power under Section 482 and 401 of the Code of the Criminal Procedure to acquit him of charges which cannot be sustained against him on the basis of available evidence.While acquitting a...