Orissa High Court
Executive Magistrate Not Empowered To Record Confession For Offences Under Essential Commodities Act: Orissa High Court
The Orissa High Court has held that an Executive Magistrate is not empowered to record confession for offences committed under the Essential Commodities Act, 1955. It also held that in absence of any specific procedure governing recording of confession and trial under the Act, the Code of Criminal Procedure shall apply. While clarifying the position of law, the Single Judge Bench...
Wife Can’t Prosecute Extra-Marital Partner Of Husband For Domestic Violence Only Because She Lived In Their House: Orissa High Court
The Orissa High Court has observed that an illicit/extra-marital partner of husband cannot be prosecuted under the Domestic Violence Act by wife merely because she lived in the house of the couple. The Court said, both the women (wife and extra-marital partner) do not share ‘domestic relationship’ as per Section 2(f) of the Act merely because they stayed under the same roof.While...
S.329(2) CrPC | Physical Presence Of Accused Essential For Determining Unsoundness Of Mind Making Him Incapable To Enter Defence: Orissa High Court
The Orissa High Court has clarified that physical presence of accused in the Court is essential, under Section 329(2) of the Code of Criminal Procedure, to assess if unsoundness of mind renders him incapable to enter defence. It underlined that the concerned Court must not pass order to that effect without examining the accused, merely basing upon medical certificate.Elucidating the point of...
Orissa High Court Quashes Criminal Case Against 146 Villagers Who Gathered In Church Amid COVID Restrictions To Offer Prayers For Departed Soul
The Orissa High Court has quashed a criminal case pending against 146 villagers of a village in Rayagada district for allegedly congregating in a Church to offer prayers for a departed soul at a time when the Covid-19 pandemic was prevailing and government guidelines restricting gatherings were imposed.While granting relief, the Single Judge Bench of Justice Sashikanta Mishra...
Different Amount Mentioned In Tax Invoice And E-Way Bill: Orissa High Court Orders Issuance Of Fresh Assessment Order
The Orissa High Court has held that the different amounts mentioned in the tax invoice and e-Way Bill indicate a palpable error in the waybill, which may be construed as a human error.The bench of Justice B.R. Sarangi and Justice M.S. Raman quashed the assessment order and remitted the matter back to the assessing authority for reconsideration in accordance with the law.The...
“Criminal Trial Is Not IPL T20 Match”: Orissa High Court Sets Aside Rape Conviction As Defence Counsel Not Granted Reasonable Time For Preparation
The Orissa High Court has set aside the conviction and sentence imposed on a rape accused on the ground that the State Defence Counsel, who represented him in the Trial Court, was neither supplied with police papers nor given a reasonable amount of time to prepare for the cross-examination of the victim.Expressing dissatisfaction over the hurried-up manner in which the cross-examination...
S. 138 NI Act | Proceedings Can’t Be Invalidated Merely Because Costs For Miscellaneous Expenses Claimed Alongwith Cheque Amount: Orissa High Court
The Orissa High Court has held that a proceeding under Section 138 of the Negotiable Instruments Act cannot be invalidated only because the notice claims costs for some miscellaneous expenses alongside demanding the cheque amount.While relying on the decisions of the Apex Court, the Single Judge Bench of Justice Radha Krishna Pattanaik observed,“…in view of the settled legal position in...
Promissory Estoppel Not To Apply In Favour Of Student Who Despite Knowledge Of Failure In Intermediate Exam Acquired Higher Qualification: Orissa HC
A Full Bench of Orissa High Court on Friday answered a reference deciding the correctness of a decision rendered by a Division Bench wherein it was held that the rule of estoppel will apply in favour of a student, who without knowing that he has failed in matriculation/intermediate examination, gets higher education and joins service.The Bench comprising Chief Justice Dr. S. Muralidhar,...
Orissa High Court Asks Collector To Reconsider Appeal For Issuance Of ST Certificate On Basis Of Mother’s Tribe
The Orissa High Court has ordered an appellate authority to reconsider an appeal against denial of tribe certificate to a boy who was brought up by his tribal mother. The woman had been deserted by her non-tribal husband.While giving relief to the petitioner, the Single Judge Bench of Justice Arindam Sinha observed,“The appellate authority thereafter went on to take view that the Tahsildar...
Witchcraft Double Murder: Orissa High Court Issues Notice To Life Convicts Proposing To Impose Higher Punishment
While upholding conviction of three persons for double murder on suspicion of witchcraft, the Orissa High Court has issued notice to them proposing to impose higher sentence than life imprisonment which was imposed by the Trial Court.Expressing doubt over adequacy of the sentence for such ghastly crime by means of beheading, the Division Bench of Justice Debabrata Dash and Justice...
Orissa High Court Will Have Its Own Database With Judgments From 1948 Onwards: Justice Subhasis Talapatra
Chief Justice of the Orissa High Court Dr. Justice S. Muralidhar on Wednesday launched ‘free Wi-Fi facility’ and ‘e-Inspection facility’ for the members of the High Court Bar Association in presence of the Judges of the High Court, the Advocate General, newly elected President and office bearers of the High Court Bar Association. While speaking on the occasion, Justice...
Orissa High Court Launches Free Wi-Fi, E-Inspection Facility For Advocates
Chief Justice of the Orissa High Court Dr. Justice S. Muralidhar on Wednesday launched ‘free Wi-Fi facility’ and ‘e-Inspection facility’ for the members of the High Court Bar Association in presence of the Judges of the High Court, the Advocate General, newly-elected President and office bearers of the High Court Bar Association.Free Wi-Fi for LawyersTo make free Wi-Fi facility...