Orissa High Court Grants Interim Stay On ₹512 Crores GST Levy On Assignment Of Right To Use Natural Resources

The Orissa High Court on Thursday, in a plea by ESL Steel concerning the levy of GST on assignment of right to use natural resources as well as statutory charged paid on stamp duty, registration fees, payments for Compensatory Afforestation Fund (CAF), etc, has granted interim stay against GST demand of INR 512 Crores (plus interest and penalty). The Chief Justice Harish Tandon and...

NAFED's 'Society Commission' Deductions From Rice Millers' Bills Contrary To Contract: Orissa High Court Upholds Refund Award

The Orissa High Court bench of Justice (Dr.) Sanjeeb K Panigrahi while dismissing an appeal under Section 37, Arbitration and Conciliation (“ACA”) observed that deductions from invoices made by NAFED under the head “society commission” were contrary to the contractual agreements entered with rice millers and the latter were entitled to reimbursement of such deducted amounts....

Father Can't Be Denied Custody Due To His Inability To Produce 'Birth Certificate' Of Minor Child: Orissa High Court

The Orissa High Court has recently held that a father cannot be denied the custody of his minor child merely because of his failure to produce 'birth certificate' in order to prove his paternity.While setting aside an order passed by a Family Court denying custody of a minor boy to his father, the Bench of Justice Sanjay Kumar Mishra observed –“Keeping in view the legal provisions under...

Banks Cannot Penalise Borrowers For Switching Lenders, Prepaying Loans: Orissa High Court

The Orissa High Court recently held that banks cannot impose charges that restrict a borrower's freedom to switch lenders, ruling that such practices undermine fair banking standards and violate binding directions of the Reserve Bank of India. A bench of Justice Sanjeeb K Panigrahi said banks must operate within regulatory limits set by the RBI and cannot create barriers that penalize...

'Teachers Must Maintain Safe Distance From Politics': Orissa HC Quashes Govt Order Empowering MPs/MLAs To Recommend Teachers' Transfer

The Orissa High Court has set aside a State Government order empowering Members of Parliament (MPs) and Members of State Legislative Assembly (MLAs) to recommend inter-district and intra-district transfer of teachers bereft of any statutory scheme to that effect.A Bench of Justice Dixit Krishna Shripad stressed that unnecessary nexus between politicians and teachers can have a devastating...

Default Bail | S.187(3)(i) BNSS Prescribes 90-Day Limit For Chargesheet, State Amendment Granting 120 Days Repealed With CrPC: Orissa High Court

In a vital clarification to the new procedure under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Orissa High Court has made it clear that the State Amendment, which increased the time-limit for filing of charge-sheet from 90 days to 120 days under the Code of Criminal Procedure (CrPC), is repealed along with the CrPC. Therefore, charge-sheet now has to be filed within 90 days as...

Orissa High Court Orders ₹20 Lakh Compensation To Wife Of Undertrial Who Died Of High Blood Sugar Due To Jail Authorities' Negligence

The Orissa High Court has ordered rupees twenty lakh compensation to the wife of an under-trial who died in 2017 due to negligence of prison authorities in providing required medical attention despite having knowledge of his chronic diabetes and high blood sugar.Referring to the last-minute-effort made by the jail authorities in seeking judicial leave to shift the deceased to hospital, the...

Convict's Refusal To File Appeal Through Legal Aid Must Be Obtained In Writing: Orissa High Court

In order to ensure that no deserving/indigent convicted-prisoner is deprived of availing free legal aid to file appeal against conviction, the Orissa High Court has given an important directive to the District Legal Services Authorities (DLSAs) across the State to obtain his/her (convict's) refusal to grant consent to file Jail Criminal Appeal (JCRLA) in writing.A Division Bench of Justice...

Orissa High Court Asks Why Life Convict's Appeal Filed With 12 Yrs Delay Despite Regular Jail Inspections By District Judge, DLSA

The Orissa High Court has expressed disappointment over the working of Jail and Legal Aid authorities after finding 12 years delay in filing a Jail Criminal Appeal (JCRLA) against a murder conviction recorded by a Sessions Court in the year 2013.A Division Bench of Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra was taken aback by such delay which occurred despite regular...

'Right To Shelter Not A Shield Against Development': Orissa High Court Upholds Acquisition Of Shantipalli Slum For Redevelopment

The Orissa High Court has dismissed a batch of writ petitions filed by Shantipalli slum-dwellers challenging the action of the government in declining to settle the land in their favour in respect of Shantipalli Basti/Slum, situated at Saheed Nagar in the capital city of Bhubaneswar.A Bench of Dr. Justice Sanjeeb Kumar Panigrahi upheld the decision of the State government to acquire the slum...

Orissa High Court Bars Coercive Action Against Tata Steel in ₹2,410 Crore Chrome Ore Dispute

The Orissa High Court on Friday restrained authorities from taking any coercive action against Tata Steel in connection with a Rs 2,410 crore demand over alleged shortfall in dispatch of chrome ore from its Sukinda Chromite Block, granting the company interim protection until the next hearing on December 3. In its November 21 order, the bench of the Chief Justice Harish Tandon and...

'Fatal Defect In Election Petition': Orissa High Court Dismisses Challenge To Union Minister Dharmendra Pradhan's 2024 Lok Sabha Win

The Orissa High Court has dismissed an election petition challenging the election of Union Education Minister Dharmendra Pradhan from Sambalpur Parliamentary Constituency in the Lok Sabha Election held in 2024.A Bench of Justice Sanjay Kumar Mishra found the election petition to be defective as it failed to specify the definite nature of alleged 'corrupt practice' against the BJP leader, nor...