Audit Assessment Under Orissa VAT Act Is Invalid If Audit Visit Report Is Time-Barred: High Court

The Orissa High Court has held that an audit assessment under Section 42 of the OVAT Act (Odisha Value Added Tax Rules, 2005) cannot be initiated when the AVR (Audit Visit Report) is beyond the limitation period. Chief Justice Harish Tandon and Murahari Sri Raman were examining whether the Assessing Authority has jurisdiction to proceed with Audit Assessment under Section 42 of the...

Orissa High Court Denies Bail To Alleged Al-Qaeda Operative Accused Of Recruiting Youths To Terrorist Organizations

The Orissa High Court has recently rejected the bail plea of Md. Abdur Raheman, allegedly linked to the international terrorist organization 'Al Qaeda', who is in custody since 2015 on the accusation of illegally running Madrasas in order to indoctrinate and engage youths in anti-national activities.While denying relief, the Bench of Justice Gourishankar Satapathy found the accusation against...

Govt Can't Withhold NOC For Issuance Of Employee's Passport Merely On Ground Of Pending Disciplinary Proceedings: Orissa High Court

The Orissa High Court has held that the government cannot refuse to grant 'No Objection Certificate' (NOC) for issuance of passport to an employee merely on the ground of pendency of disciplinary proceeding(s), as right to travel abroad is a fundamental right guaranteed under Article 21 of the Constitution.Crystalizing the constitutional protection granted to every citizen against...

Termination Without Compliance Of S. 25-F Amounts To Illegal Retrenchment; Enhanced Compensation Granted As Reinstatement Impossible Due To Superannuation: Orissa HC

A Division bench of the Orissa High Court comprising Justice K.R. Mohapatra and Justice Savitri Ratho held that termination without complying with the conditions under Section 25-F of the Industrial Disputes Act is an illegal retrenchment. Further illegally retrenched workman eligible for enhanced compensation as reinstatement was not possible due to superannuation. Background...

Orissa High Court Grants Relief To IMFL Shop Owner; Says License Fee Can't Be Levied During Period Of Closure Due To SC's Highway Liquor Ban

The Orissa High Court recently granted relief to the owner of an IMFL On Shop who was asked to pay license fees from 2018-19 for considering the renewal of the license, even though the shop had been closed following the Supreme Court's judgment in State of Tamil Nadu & Ors. v. K. Balu & Anr. (2016), which ordered the closure of all liquor shops located within 500 metres of National...

Orissa High Court Drops Contempt Action Against Berhampur SP After He Tenders Unconditional Apology For Commenting On Pending Case

The Orissa High Court on Tuesday (November 11) dropped contempt proceedings against Dr. Saravana Vivek M., Superintendent of Police (SP), Berhampur after he personally appeared and tendered unconditional apology for making press statement linking a pending election petition against the sitting Berhampur MLA to the murder of Member of Odisha State Bar Council (OSBC) Advocate Pitabash...

Orissa High Court Orders Personal Appearance Of Berhampur SP For Linking Advocate Pitabash Panda's Murder To Pending Election Case

The Orissa High Court on Friday (November 07) ordered personal presence of Dr. Saravana Vivek M., Superintendent of Police (SP), Berhampur after he admitted to have made a press statement linking a pending election petition against the sitting Berhampur MLA to the murder of Member of Odisha State Bar Council (OSBC) Advocate Pitabash Panda.Last week, while hearing an election petition filed by...

Orissa High Court Grants Visitation Rights To Grandparents Of Two-Year-Old; Says Their Affection Is “Integral For Upbringing”

The Orissa High Court has recently granted visitation rights to the father and the grandparents of a two-year-old toddler, who was allegedly taken away from their custody by his mother when he was merely three-week-old.A Single Bench of Justice Sanjay Kumar Mishra stressed on the importance of an affectionate bond between grand-child and grand-parents for overall development of the child. It...

Court Can't Allow Intervenors Sans Reason, Plaintiff Can't Be Forced To Implead Party Against Whom No Relief Is Sought: Orissa High Court

The Orissa High Court has reiterated that plaintiff being the 'dominus litis' cannot be compelled to implead someone, against whom he seeks no relief, as a defendant in his suit. The Bench of Justice Sashikanta Mishra, however, clarified that if the plaintiff chooses not to add someone as defendant, he does so at his own risk. In the words of the Court –“Court below has not cited any...

Orissa High Court Seeks Explanation From Berhampur SP For Linking Pending Election Case To Advocate Pitabash Panda's Murder

The Orissa High Court on Friday (October 31) expressed serious dissatisfaction over a press-statement made by Dr. Saravana Vivek M., Superintendent of Police (SP), Berhampur linking a pending election petition against the sitting Berhampur MLA to the murder of Member of Odisha State Bar Council (OSBC) Advocate Pitabash Panda.A Single Bench of Justice Sashikanta Mishra was hearing an...

Orissa High Court Denies Bail To Raja Chakra & Another In Alleged Fraud Of ₹175 Crores Linked To Gandhamardan Mines

The Orissa High Court on Friday (October 31) denied bail to youth leader of Biju Janata Dal (BJD) Soumya Sankar Chakra alias Raja Chakra and another man accused of misappropriating Rs. 175 crores by receiving disproportionately high payment for commercial transactions made with a society created for undertaking developmental works around Gandhamardan mine affected areas.Considering gravity of...

Orissa High Court Orders Arrest Of Cargo Vessel 'MV MAGNET TEAM' At Paradip Port Over ₹2.11 Crore Unpaid Dues

The Orissa High Court has recently ordered the arrest of cargo vessel 'MV MAGNET TEAM (IMO: 9233507)' at the Paradip Port for alleged violation of terms of the 'charter party' with a shipping company.Entertaining the urgent plea of the plaintiff-shipping and chartering company, the Admiralty Judge Justice V. Narasingh said –“This Court is persuaded to hold that unless order of arrest...