Orissa High Court
Orissa High Court Quashes Police Circular Order Conferring ‘Power Of Investigation’ On Graduate Constables & CI Havildars
The Orissa High Court has recently nullified a Police Circular Order (PCO) which conferred ‘power of investigation’ on Graduate Constables and Crime Intelligence Havildars. While setting aside the order, the Single Judge Bench of Justice Aditya Kumar Mohapatra held,“…this Court by no stretch of imagination could presume that the legislatures while enacting Sections 156 and 157 of...
Orissa High Court Orders Govt To Provide More Ambulances To Jails; Directs DLSA Secretaries To Undertake Unannounced Jail Visits
The Orissa High Court has on Thursday given a number of directions to the State Government for improving the conditions of jails across the State. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Gourishankar Satapathy has also asked the District Legal Services Authorities (DLSAs) to pay unannounced visits to jails in their respective jurisdictions to assess prison...
Orissa High Court Orders District Legal Services Authorities To File Applications On Behalf Of 45 Prisoners Unable To Furnish Bail Bonds
The Orissa High Court has directed the District Legal Services Authorities (DLSAs) of eight districts to file appropriate applications before respective criminal courts for release of about 45 prisoners who have already been granted bail, but unable to exit the prisons due to inability to furnish bail bonds.A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Gourishankar Satapathy...
Orissa High Court Weekly Round-Up: February 27 To March 5, 2023
Nominal IndexPrangya Paramita Harichandan v. Orissa University of Agriculture and Technology & Ors., 2023 LiveLaw (Ori) 30Amrita Ray v. State of Odisha & Ors., 2023 LiveLaw (Ori) 31M/s. Unideep Food Processing (P) Ltd. v. ITAT, 2023 LiveLaw (Ori) 32Laxmi Sahu v. State of Odisha & Ors., 2023 LiveLaw (Ori) 33Judgments/Orders Reported This Week‘Horizontal Quota’ For A...
Chokad Is Not An Industrial Input: Orissa High Court Quashes Order Imposing 4% VAT
The Orissa High Court has quashed the order imposing a 4% value-added tax (VAT) on the wheat bran (chokad) as it is not an industrial input.The division bench of Chief Justice S. Muralidhar and Justice M. S. Raman has observed that it was necessary for the Department to show that there was a notification issued by the State Government identifying ‘Chokad’ as an ‘industrial input'. In...
Kinley Water Falls Within Water, Not Aerated Or Mineral Water, Comes Within Tax Free List: Orissa High Court
The Orissa High Court held that the sale of packaged drinking water under the brand name Kinley Water falls within the expression "water but not aerated or mineral water sold in bottles or sealed containers," which is covered under Entry No.39 of the Tax-Free List.The division bench of Chief Justice S. Murlidhar and Justice Murhari Sri Raman has observed that the packaged drinking water...
Orissa High Court Sets Aside Order Pronounced ‘15 Months’ After Hearing Concluded; Says Authority May Forget Parties' Submissions After So Long
The Orissa High Court has recently set aside an order by a Revenue Divisional Commissioner which was pronounced 15 months after hearing of the case concluded. Additionally, the Court directed all the judicial and quasi-judicial authorities in the State to abide by the mandate of Order 20 Rule 1, CPC which prescribes time limit for delivery of judgment.While deprecating unreasonable delay...
Orissa High Court Monthly Digest: February 2023
Nominal IndexAshok Kumar Das v. Kapileswar Samal & Ors., 2023 LiveLaw (Ori) 14Smt. Geeta Tiwari & Anr. v. State of Orissa & Anr., 2023 LiveLaw (Ori) 15Cuttack Central Co-operative Bank Ltd. v. Asst. Commissioner of Income Tax, 2023 LiveLaw (Ori) 16Rabindra Kumar Jena v. Republic of India (CBI), 2023 LiveLaw (Ori) 17Sureswar Mishra v. State of Odisha, 2023 LiveLaw (Ori)...
Assesses Failed To File Affidavit Proving Repayment Of Loans: Orissa High Court Sustains Addition On “Unsecured Loan”
The Orissa High Court has sustained the addition of unsecured loans under Section 68 of the Income Tax Act, 1961.The division bench of Chief Justice S. Muralidhar and Justice M.S. Raman has observed that the direction issued by the ITAT in the first round was to the effect that the AO should verify whether the assessee had repaid the amount "by calling all the creditors". Therefore, it is the...
Orissa High Court Directs State To Furnish List Of Agencies Engaged For Cleaning Of Sewers & Septic Tanks
The Orissa High Court on Thursday ordered the State to provide the list of agencies engaged on outsourcing basis to clean sewers and septic tanks. It also directed them to indicate in a chart as to whether the Standard Operating Procedures (SOPs) and training manuals have been provided to them and also if those are strictly complied with.While expressing concern over death of workers engaged...
S. 97 CrPC | Second Application For Search Of Persons Wrongfully Confined Can Be Entertained If New Facts & Circumstances Arise: Orissa High Court
The Orissa High Court has clarified that a second application under Section 97 of the Code of Criminal Procedure is not barred by the principle of res judicata and can be entertained if some new facts and circumstances arise warranting intervention. Notably, the Section provides “search for persons wrongfully confined”.While allowing the revision petition filed against the dismissal of...
Will Estoppel Apply In Favour Of Person Who Unaware Of Failure In Intermediate Exam Gets Higher Education, Job? Orissa HC Full Bench To Decide
A Full Bench of Orissa High Court comprising Chief Justice Dr. S. Muralidhar, Dr. Justice Sanjeeb Kumar Panigrahi and Justice Murahari Sri Raman on Wednesday reserved judgment in a reference which was made by a Division Bench to decide the correctness of a decision rendered by another Division Bench wherein it was held that the rule of estoppel will apply in favour of a person who without...