Orissa High Court Dismisses Challenge To Debarment Of Govt Teachers From Acting As Registrars Of Muslim Marriages

The Orissa High Court has dismissed a batch of writ petitions challenging the decision of the State Government to revoke/rescind the licenses issued in favour of serving teachers of government/aided schools to act as Registrars of Muslim marriages and divorces.Justice Dixit Krishna Shripad was apprehensive about feasibility on the part of such teachers to give “absolute commitment”...

Orissa High Court Flags 'Ego' Of State Functionaries In Not Executing Consent Decree Passed By Supreme Court In 1992, Imposes ₹2 Lakh Cost

“Delayed justice is egregious form of human rights violation,” the Orissa High Court recently remarked while imposing an exemplary cost of rupees two lakh on the State for its apathy in not executing a clear order passed by the highest Court of the land more than three decades back.Drawing curtains to almost five-decade-old “relentlessly fought legal battle”, the Single Bench of...

Clause 18 Of Vivad Se Vishwas-II Scheme Is Mandatory If Claim Satisfies Twin Test: Orissa High Court

The Orissa High Court, while hearing an appeal u/s 37 of the A&C Act, a Writ Petition filed by the Respondent for directions to the Appellant to consider the offer made under appeal, observed Vivad se Vishwas II (contractual disputes) scheme (“the scheme”), observed that Clause 18 of the scheme is mandatory in nature. The bench of Justice Sanjeeb K. Panigrahi observed that...

Orissa High Court Waives Bail Condition Stipulating One Surety To Be Relative Of Accused, Calls It 'Onerous'

The Orissa High Court has waived a bail condition imposed by a Sessions Court requiring the accused to furnish two sureties, one of whom must be his 'kin/relative', on the ground that putting such 'onerous' condition defeats the purpose of bail.A single bench of Justice Gourishankar Satapathy also held that putting such conditions which are impossible to comply is against the intention of...

Orissa High Court Upholds Eviction From Jagannath Temple Land; Says Long Occupation Or Aadhar Cards Only Show Residence, Not Ownership

The Orissa High Court has held that 'Amrutamanohi land' belonging to the deity Lord Jagannath cannot be settled in favour of illegal occupants/encroachers only because it is in their possession for decades and they have government identity proofs with the said land.Dismissing the challenge to eviction notice as well as rejection of representation for settlement of land, a single bench of...

Low Vision Candidates Not Eligible For Assistant Agriculture Engineer Post If Not Identified Under PwD Notification : Orissa HC

A Division bench of the Orissa High Court comprising Justice Manash Ranjan Pathak and Justice Mruganka Sekhar Sahoo held that Candidate with low vision disability cannot claim selection for the post of Assistant Agriculture Engineer when the disability is not identified as suitable for the post under the Government notification issued under Sections 32 & 33 of the...

Forcing DNA Test Upon A Party In Partition Suit To Determine Parentage Violates Right To Privacy: Orissa High Court

The Orissa High Court has recently held that forcing a party to a partition suit to undergo DNA test for ascertaining his/her parentage is unwarranted as it violates the right to privacy guaranteed under Article 21 of the Constitution.Highlighting the legal untenability of such request made by the rival party, the single bench of Justice Bibhu Prasad Routray said –“In a suit for...

Local Police Stations Can Also Investigate Cyber Crimes, CID-CB Doesn't Have Exclusive Jurisdiction: Orissa High Court

In an important ruling, the Orissa High Court has clarified that the Crime Investigation Department, Crime Branch (Cyber Crime) ('CID-CB') is not the only investigating body empowered to probe cyber/IT related offences, rather the local police stations can also investigate such offences subject to the condition that the Investigating Officer (IO) is not below the rank of...

'Draupadi's Humiliation Set Stage For War': Orissa High Court Alters Conviction In 1994 Murder Case Linked To Insult Of Girl

The Orissa High Court has altered the murder conviction of six persons under Section 302, IPC to culpable homicide not amounting to murder under Section 304 Part-II, IPC for causing death by fatal assault of a man, who registered protest against misbehaviour meted out by one of the accused to his daughter.Ruling out intention on the part of the appellants for causing murder, Division Bench...

Orissa High Court Half Yearly Digest: January - June, 2025

Citations: 2025 LiveLaw (Ori) 1 To 2025 LiveLaw (Ori) 82Nominal Index [Citations 1-82]MH BLAND S.L. v. MV PROPEL FORTUNE (IMO 9500699), 2025 LiveLaw (Ori) 1Doyel Dey v. The Judge, Family Court, Balasore & Anr., 2025 LiveLaw (Ori) 2Sonel Sekhar Nayak & Ors. v. State of Odisha & Anr., 2025 LiveLaw (Ori) 3Binod Pattanayak v. Union of India, 2025 LiveLaw (Ori) 4Ashok Kumar Swain...

'She Has Been A Relentless Fighter': Orissa High Court Orders Appointment Of PwD Candidate As Teacher 11 Yrs After Faulty Rejection

In a major relief to a female aspirant with physical disability (PwD), the Orissa High Court has ordered the State to appoint her as 'Sikshya Sahayak'/teacher more than a decade after her application for selection to the post was wrongly rejected.Acknowledging her long fight for justice, the Bench of Justice Dixit Krishna Shripad remarked –“Petitioner was before this Court twice earlier...

Orissa High Court Imposes Restrictions On Installation Of Huge Puja Pandals, Orders Regulation Of Noise Pollution

The Orissa High Court on Thursday imposed restrictions on erection of huge bamboo structures/pandals on public road, footpath, and installation of electric gates during the festive season starting from Lord Ganesh Puja next week. It has also asked the administration to ensure checks on noise pollution during the festivities.A Division Bench of Justice Sangam Kumar Sahoo and Justice V....