[Motor Accident] Managerial Skills Of Deceased To Run Business Can Be Considered While Counting 'Loss Of Dependency': Orissa High Court

The Orissa High Court, while placing reliance upon recent decisions of the Apex Court, has clarified that managerial skills and expertise of a deceased person to run his business is to be taken into account while counting the loss of dependency of his dependants, who continue his business.Reaffirming the position, a Single Judge Bench of Justice Bibhu Prasad Routray observed,“Perusal...

Contractual Employee Can’t Be Removed From Service Without Following Rules Of Natural Justice, Orissa High Court Reiterates

The Orissa High Court has reiterated that the rules of natural justice are required to be followed before disengaging even a contractual employee.While providing relief to a junior teacher (contractual), who was removed without being provided an opportunity to defend himself, a Single Judge Bench of Justice Sashikanta Mishra said:“This Court is not impressed with the argument that being...

Mere Admission Of Different Date Of Birth Not Better Proof Than School Leaving Certificate: Orissa High Court

The Orissa High Court has observed that mere admission by a person of a different date as his date of birth cannot stand in the face of documentary proof of date of birth like School Leaving Certificate.While providing relief to a workman against his management, a Division Bench of Justices Arindam Sinha and Sanjay Kumar Mishra said,“This admission cannot stand in face of the...

Appearance Of AR Not Enough For Presuming Service On Assessee Under S. 292BB Of ITA: Orissa High Court

The Orissa High Court has deprecated the Income Tax Authority who, despite being informed that the assessee was in judicial custody, failed to serve a notice upon him through the Superintendent of the concerned jail, in the proceedings initiated against the assessee under Section 263 of the Income Tax Act, 1961. The bench of Chief Justice Dr. S. Muralidhar and Justice M.S. Raman...

Orissa High Court Dismisses PIL Seeking List Of Political Prisoners Detained Under MISA During National Emergency

The Orissa High Court has recently dismissed a Public Interest Litigation (PIL) seeking list of political prisoners detained under the draconian Maintenance of Internal Security Act, 1971 (MISA) during the national emergency.This is the third petition which was filed by Advocate Chittaranjan Mohanty with the similar prayers, after two analogous petitions were disposed of earlier. Pursuant to...