Orissa High Court Orders Equal Pay For Lecturer Of Private-Aided College, Says Govt Should Celebrate Citizens' Victory Against It

“The Government should celebrate citizen's victory against it, secured in due process of law,” rthe Orissa High Court remarked while directing the state government to grant equal pay scale to a Lecturer of government-aided private institution, at par with pay scale of corresponding class of employees of government institutions.Discarding the apprehension raised by the government that...

'Prays To God & Reads Gita Regularly': Orissa HC Commutes Death Sentence Of Man Convicted Of Double Murder, Killing Pregnant Lady's Foetus

The Orissa High Court has commuted the sentence of death imposed by the Sessions Court on a man for not only committing murder of two random people at two different places, but also causing grievous hurt to two other people, and attempting to murder a pregnant lady by stabbing her repeatedly and inserting a 'pastry-roller' inside her private part which ultimately caused death of the...

Lessee Is True Owner Of Structure That He Builds Over Leased Land, Lessor Cannot Claim Ownership: Orissa High Court

The Orissa High Court has reiterated that a lessee is the true owner of a structure that he builds over a leased land, and therefore, the ownership over the same cannot be claimed by the lessor who is undoubtedly owner of the leased land.While adjudicating a dispute relating to a mobile tower built over a leased land, Justice Dixit Krishna Shripad ingeminated the following settled principle...

Writ Of Mandamus Can't Be Issued Compelling Police To Register FIR Without Complaint Being Made To Magistrate: Orissa High Court

The Orissa High Court has reiterated that a writ petition seeking issuance of the writ of mandamus to the police for registration a First Information Report (FIR) is not maintainable unless the grievance regarding non-registration of FIR is raised before the jurisdictional Magistrate by means of a complaint.To put briefly the facts of the case, the prosecution alleged that the petitioner led...

Orissa High Court Raises Concern Over Misuse Of State Emblem, Calls For Awareness Among Citizens & Officials

The Orissa High Court last week expressed serious concern over the rampant misuse and violation of the provisions of the State Emblem of India (Prohibition of Improper Use) Act, 2005, as it stressed the need for greater awareness among both citizens and government officials about its proper use. A Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman was hearing...

S. 293 CrPC | Not Mandatory To Examine Scientific Expert To Prove Chemical Examination Report: Orissa High Court

The Orissa High Court has held that it is not mandatory on the part of the prosecution to examine the Scientific Officer/Expert as a witness in order to prove the chemical examination report. In other words, a forensic report or chemical examination report does not lose probity merely on the ground of non-examination of its maker, which can otherwise be held as admissible evidence.While...

S.58 BNSS | Bail Must Be Granted To Accused If Not Produced Before Magistrate Within 24 Hrs Of Arrest: Orissa High Court

The Orissa High Court has reiterated that failure on the part of police/investigation agency to produce an accused before Magistrate within 24 hours of arrest shall vitiate the arrest itself, as it violates the safeguards enshrined under Article 22(2) of the Constitution and Section 58 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).While enlarging two accused persons on bail, the Bench...

Orissa High Court Upholds Conviction Of Six Persons In 1996 Double Murder Case, Orders Them To Surrender After 15 Yrs Of Bail

Almost three decades after two persons were allegedly murdered in the district of Kendrapara by a mob of nine men and 15 years after the accused persons were enlarged on bail, the Orissa High Court on Monday (August 11) upheld the judgment of conviction passed by the trial Court in the year 1998 and ordered six convicts (other three convicts having died in the meantime) to surrender in order...

Orissa High Court Expresses Concern Over Illegal Cow Slaughter, Directs State To Appoint Competent Authority Under Slaughter Prevention Act

The Orissa High Court on Thursday (August 07) expressed anguish over illegal cow slaughter across the State despite of the extant legislation i.e. Odisha Prevention of Cow Slaughter Act, 1960 ('1960 Act') which strictly prohibits the same, overriding any existing custom or usage to the contrary.A Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman was hearing a PIL...

S.156(3) CrPC | Omission To File Affidavit Along With Complaint A Fatal Procedural Defect: Orissa High Court

The Orissa High Court has reiterated that omission to file an affidavit supporting the contents of a complaint under Section 156(3) of the Criminal Procedure Code (CrPC) is a fatal procedural defect which goes to the root of the matter and renders the very initiation of criminal action based on such complaint a nullity.While setting aside the orders of two lower Courts, which denied to...

S. 224 BNSS | Magistrate Lacking Power To Take Cognisance Must Return Complaint To Jurisdictional Court: Orissa High Court

While adjudicating a case relating to cheque bounce, the Orissa High Court has reiterated that a Magistrate, who does not have power to take cognizance for an offence for the want of territorial jurisdiction, must endorse and return the complaint for presentation before the jurisdictional Court.Elucidating the requirement under Section 224 of the Bharatiya Nagarik Suraksha Sanhita (BNSS),...

'Blot On Police Administration': Orissa High Court Orders SP's Appearance After Cops Allegedly Demand Money To Rescue Kidnapped Minor Girl

The Orissa High Court on Tuesday (August 05) came down heavily on police officials who allegedly asked for some sort of 'gratification' to rescue an already traced kidnapped minor girl.The Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman was hearing a criminal writ petition seeking issuance of the writ of habeas corpus filed by a man for tracing out his minor...