Orissa High Court Orders ₹1.5 Lakh Compensation To Kin Of Two Labourers Killed In Landslide In 2013

The Orissa High Court has ordered the State to pay compensation amount of rupees one lakh and fifty thousand to the kin of two labourers who died in the year 2013 due to a landslide in the aftermath of a heavy rain in the district of Nayagarh.The Bench of Justice Aditya Kumar Mohapatra rejected the plea taken by the State that the amount of rainfall was less than what is prescribed under...

'Can't Treat Wife As Commodity': Orissa High Court Dismisses Husband's Frivolous Habeas Corpus Plea With ₹25K Cost

In a strongly-worded order, the Orissa High Court has criticised a man for filing a frivolous habeas corpus plea to secure the custody of his wife and child, knowing well that the wife had left his company out of her own volition due to some matrimonial disputes.To discourage such vexatious litigation in the future, the Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri...

'Compulsory Retirement Not An Alternative To Disciplinary Action': Orissa High Court Sets Aside District Judge's Premature Retirement

In a huge relief to a former senior Judicial Officer, the Orissa High Court has set aside an order passed by the Government prematurely/compulsorily retiring him at the age of 55, instead of normal age of superannuation, i.e. 60.A Division Bench of Justice Dixit Krishna Shripad and Justice Mruganka Sekhar Sahoo found the impugned order to be punitive and stigmatic, which was passed...

'Appear Through Virtual Mode Before Trial Courts': Orissa High Court Tells Parties Seeking Transfer Of Matrimonial Cases

The Orissa High Court has asked the parties in a matrimonial dispute to appear before the trial Courts through virtual mode instead of seeking transfer of cases from one territorial jurisdiction to another.Turning down the request of a husband to transfer cases from the place of residence of his wife, the Bench of Justice Sanjay Kumar Mishra observed –“...this Court is of the view...

"Judicial Functions Have Become Sensitive Because Of Unregulated Social Media": Orissa High Court

The Orissa High Court has raised eyebrows over unchecked social media trolling and criticism of the judiciary, and has opined that lack of regulation has rendered the judicial functioning more sensitive and volatile these days.A Division Bench of Justice Dixit Krishna Shripad and Justice Mruganka Sekhar Sahoo made the following comment while partially allowing a writ petition against...

Orissa HC Dismisses Govt's Challenge Against Grant Of Compensation To Retired Postal Assistant Who Was Handicapped In Parcel Bomb Blast

The Orissa High Court has dismissed a writ petition challenging grant of capitalised value of disability pension/compensation to a retired postal employee who lost his limbs and suffered 75% disability due to a parcel bomb blast while on duty.While expressing disinclination to entertain the writ petition, the Division Bench of Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra held...

DRDO Espionage Case: Orissa High Court Grants Bail To Accused After Almost Four Years In Jail

The Orissa High Court has recently granted bail to a man, accused of sharing classified information relating to missile testing at Integrated Test Range (ITR) with foreign nationals, on the ground of prolonged pre-trial detention.While giving relief to the petitioner, the Bench of Justice Gourishankar Satapathy observed –“Although an accused is charged with an offence, but he is not a...

Magistrate Not Barred To Take Cognizance For Second Time For Different Offences If Prima Facie Case Established: Orissa High Court

The Orissa High Court has held that a Magistrate, even after taking cognizance for certain offences on the basis of charge-sheet filed by investigating agency, is not barred from taking cognizance again for some other serious offences, if prima facie case is established by means of sufficient materials.Clarifying the position of law regarding validity of a second cognizance, the Single Bench...

Arbitrary Disciplinary Proceedings By SBI, Termination Held Invalid, Orissa HC Awards Compensation

A Division bench of the Orissa High Court comprising Chief Justice Harish Tandon & Justice K.R. Mohapatra held that disciplinary action notwithstanding scrutiny on fairness and procedural compliance is arbitrary, and in cases of superannuation of Workman, monetary compensation may be awarded in lieu of reinstatement. Background Facts The workman was appointed as a Messenger...

Reconstituted GSTAT Selection Committee Has Power To Restart Process Afresh: Orissa High Court

The Orissa High Court held that the reconstituted GSTAT (Central Goods and Services Tax Appellate Tribunal) selection committee has the authority to restart the entire appointment process. “…….Mere offering the candidature in a public employment does not create indefeasible or inchoate right into the appointment. Even a person, whose name is included in the select list,...

Denying Maternity Benefits To Contractual Employee 'Abhorrent' To Womanhood: Orissa High Court

The Orissa High Court has held that a woman employee cannot be denied maternity leave/benefits merely on the basis of nature of her appointment being contractual. It was stressed that any such denial shall be 'abhorrent' to the very notions of humanity and womanhood.While dismissing a writ appeal against the judgment of a Single Bench, the Division Bench of Justice Dixit Krishna Shripad...

MSME Council's Order Declaring Jurisdiction To Decide Dispute Between Parties Can Be Challenged Only U/S 34 Of A&C Act: Orissa High Court

The Orissa High Court bench of Justice K.R. Mohapatra has held that once the MSME Council initiates arbitration following the termination of conciliation proceedings, any order passed by the Council regarding its jurisdiction to adjudicate the dispute can only be challenged under Section 34 of the Arbitration and Conciliation Act. The aggrieved party cannot invoke Article 227 of...