Orissa High Court
“Court Not Supposed To Act As Agent Of Prosecution”: Orissa HC Pulls-Up Trial Judges For Rejecting Default Bail Despite Non-Submission Of Chargesheet
The Orissa High Court has criticised a Magistrate and a Sessions Judge for rejecting default bail of two persons accused of murder, despite the fact that the chargesheet was not filed before the Court within the stipulated statutory period.While setting aside the orders of both the Courts below, the Single Judge Bench of Justice Sashikanta Mishra said,“It must be kept in mind that the Court...
Senior-Most High Court Judges Have Constitutional Right To Be Appointed As Chief Justices, Transfer Policy Can't Ignore Seniority: Ex-CJI GB Patnaik
Former CJI Justice Gopala Ballav Patnaik has opined that the senior-most Judge of every High Court has a constitutional right to be appointed as Chief Justice of a High Court. He said that merely because of introduction of the transfer policy, the appointing authorities must not ignore seniority of Judges.“How is it possible that more than two or three Judges from the same High Court are...
Orissa High Court Felicitates Its Former Chief Justices & Judges While Celebrating 75th Year Of Its Establishment
As a part of celebration of 75th year of its establishment, the Orissa High Court on Saturday felicitated its former Chief Justices and Judges in a function held at Jawaharlal Nehru Indoor Stadium, Cuttack. The event was presided over by Justice Bhushan Ramkrishna Gavai, Judge, Supreme Court of India in the presence of Dr. Justice S. Muralidhar, Chief Justice of the Orissa High Court and...
Orissa High Court Weekly Round-Up: April 3 To April 9, 2023
Nominal Index1. Litumanjari Pradhan v. Chairman, Council of Higher Secondary Education, Bhubaneswar & Ors., 2023 LiveLaw (Ori) 42 2. Jayanti Naik v. State of Odisha & Ors., 2023 LiveLaw (Ori) 43 3. Hemalata Mohapatra v. Bijay Kumar Pradhani, 2023 LiveLaw (Ori) 44 4. Khudia @ Khudiram Tudu v. State of Odisha, 2023 LiveLaw (Ori) 45 5. Midiyan Pani & Ors. v. State of Orissa,...
Orissa High Court Rightly Regarded As ‘Custodian Of Constitution’: Justice BR Gavai
While addressing the felicitation ceremony of former Chief Justices and Judges of the Orissa High Court as a part of its celebration of 75th year of establishment, Justice Bhushan Ramkrishna Gavai, Judge, Supreme Court said that the High Court has rightly been regarded as ‘custodian of the Constitution’. The event was attended by several dignitaries including former Chief...
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...