'No One Should Suffer Because Of Court': Orissa High Court Judge Admits His 'Mistake Of Fact', Recalls Own Judgment In Review

The Orissa High Court has recalled its judgment dismissing a writ petition without hearing the petitioner on the question of delay and also leaving out a material aspect during the course of hearing.In a rare gesture, Justice Sashikanta Mishra candidly admitted to have fallen prey to a 'mistake of fact' while adjudicating the writ petition and thus, observed –“The doctrine actus...

'Lived A Socially Respectable Life': Orissa High Court Reduces Sentence Of Septuagenarian Convicted In 1998 For Outraging Modesty

The Orissa High Court recently upheld the conviction but reduced the term of imprisonment of a man in his late seventies convicted by trial Court in 1998 for outraging and insulting modesty of a scheduled caste woman by trespassing into her house.Accepting the submission on behalf of the appellant/accused regarding his reformed behaviour ever since the said incident, the Bench of Justice...

Court Can't Deny To Pass Decree Based On Mediation Report After Referring Dispute To Mediation: Orissa High Court

The Orissa High Court has held that after referring a dispute to mediation, the referring Court cannot deny to accept the mediation report nor it can defy its duty to pass a decree basing upon the solution/compromise arrived at in the mediation.Setting aside the order of a Civil Court denying a decree based on mediation report, the Bench of Justice Sashikanta Mishra observed –“As...

No Cognizance In 'GR Case' After Accepting Closure Report, Protest Petition Treated As Complaint For Taking Cognizance: Orissa High Court

The Orissa High Court has held that a Court cannot take cognizance in the General Register case ('GR case') after accepting the closure report submitted by the police due to lack of evidence. It further clarified that if the informant files any 'protest petition' against acceptance of the final form, the same may be considered as a 'complaint' [as defined under Section 2(d) of the CrPC/...

Orissa High Court Denies Anticipatory Bail To Two For Alleged Murder Of Assistant Forest Conservator Soumya Mohapatra

The Orissa High Court in the last week rejected the pre-arrest bail pleas of the then District Forest Officer (DFO), Paralakhemundi and his cook for their alleged involvement in the suspicious death of Assistant Conservator of Forests (ACF) Soumya Ranjan Mohapatra in July, 2021.Upon perusing the case papers, the Bench of Justice V. Narasingh did not find any merit in the anticipatory bail...

Court May Direct Deposit Of 100% Of Awarded Amount Before Granting Stay U/S 36(3) Arbitration Act: Orissa High Court

The Orissa High Court held that directing a 100% deposit of the awarded amount as a pre-condition for granting stay under section 36(3) of the Arbitration and Conciliation Act, 1996 (Act) is legally valid and consistent with the settled jurisprudence of the Supreme Court. Dr. Justice Sanjeeb K. Panigrahi held that “where the arbitral award is in the nature of a money decree,...

Balasore Self-Immolation Case | Orissa High Court Rejects Bail Pleas Of HOD & Principal Of FM College, Grants Bail To Two Student Accused

The Orissa High Court on Wednesday (October 22) rejected the bail pleas of the Head of the Department ('HOD') of Teacher's Education and Principal of the Fakir Mohan Autonomous College, Balasore ('FMAC') for their alleged involvement in unfortunate death of an under-graduate female student, who set herself ablaze by pouring petrol on the college campus in July.Acknowledging the gravity of...

Bank Can't Unilaterally Deduct Money From Pension Account Of Retired Employee To Recover Guaranteed Amount: Orissa High Court

The Orissa High Court has held that a Bank has no legal authority to unilaterally deduct/debit money from the pension account of a retired employee/pensioner merely on the ground that such employee stood as guarantor in a loan which could not be repaid.While asking the Bank to refund the deducted amount to the petitioner, the Bench of Dr. Justice Sanjeeb Kumar Panigrahi remarked –“The...

Orissa High Court Quashes 'Strange' Order By POCSO Court Denying Bail To School Principal Booked In Bailable Offence

The Orissa High Court has quashed an order passed by a Special Court under the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') which denied bail to the Principal of a Higher Secondary School for failing to report alleged sexual harassment meted out to a minor female student by a Lecturer.While setting aside the impugned order, the Bench of Justice Gourishankar...

Orissa High Court Sets Aside Family Court Order Denying Visitation Rights To Father Pending Custody Battle, Orders Fresh Consideration

The Orissa High Court has recently set aside an order passed by a Family Court whereby the biological father was denied visitation rights to meet his son while the custody case is pending for consideration.A Single Bench of Justice Sanjay Kumar Mishra gave much emphasis to the visitation rights of parents and underlined that such rights should be determined keeping in view the best interest...

Cheque Dishonour Proceedings Can Be Sustained Against Directors & Signatories Of Company Even If It Is Declared Insolvent: Orissa High Court

The Orissa High Court, Bench comprising Justice Chittaranjan Dash, has ruled that the proceedings under section 138 of the NI Act will sustain against the directors or signatories of the company even if the entity has been declared insolvent under the IBC, 2016. The complainant extended a loan of Rs. 1 Cr. to Zenith Mining Pvt. Ltd., which remains unpaid. The check issued by...

'Death Certificate Can't Be Sought In Contemplation Of Death': Orissa HC Urges Relaxation On Limitation In Compassionate Appointment Cases

The Orissa High Court has asked the State Government to consider excluding the time period taken by legal heirs in obtaining a death certificate, a legal heir certificate, a distress certificate etc., from the limitation period for applying for a compassionate appointment in lieu of the death of a government employee in harness.While granting relief to a lady seeking rehabilitation assistance...