Objections U/S 47 CPC Can't Be Entertained In Enforcement Of Arbitral Awards U/S 36 Of A&C Act: Orissa High Court

The Orissa High Court has recently held that objections under Section 47 of the Code of Civil Procedure ('CPC') cannot be allowed to be raised in the enforcement proceeding of an arbitral award, as enunciated under the provision of Section 36 of the Arbitration and Conciliation Act, 1996 ('A & C Act').While bringing clarity as to applicability of Section 47 of CPC to arbitral proceedings,...

S. 138 NI Act | Directors Can't Escape Liability For Cheque Dishonour Merely Because Company Is Declared Insolvent: Orissa High Court

The Orissa High Court has recently held that directors of a company cannot be absolved of their liability for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 ('the NI Act') merely because the company was declared insolvent and a Resolution Professional was appointed under the Insolvency and Bankruptcy Code, 2016 ('the IBC').While determining the extent...

Gratuity Can't Be Withheld To Recover Loan Default Even If Retired Employee Was Guarantor : Orissa HC

A Division bench of the Orrissa High Court comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman held that gratuity cannot be withheld or forfeited to recover a loan default, even if the retired employee stood as a guarantor, unless termination occurred for misconduct provided under Section 4(6) of the Payment of Gratuity Act, 1972. Background Facts The...

Informant Can Be Arrayed As Accused If Investigation Reveals His Complicity, No Need To Register Separate FIR: Orissa High Court

The Orissa High Court has recently clarified that the informant of a First Information Report (FIR) can be arrayed as an accused if investigation reveals his complicity or any incriminating material points towards his involvement in the crime.A Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash further made it clear that there is no need on the part of the...

'Conviction Based On Surmise & Conjecture': Orissa High Court Acquits Man Held Guilty For Murder Of Adoptive Parents In 1996

The Orissa High Court has recently acquitted a man held guilty by the trial Court for murder of his adoptive parents in the year 1996. While terming the conviction to be based on “surmise and conjecture”, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash held –“The conclusion arrived at by the learned trial Court in convicting the appellant and the...

'Apathy Of Highest Order': Orissa High Court Criticizes Arbitrary Dropping Of RTI Proceeding By Information Commission

The Orissa High Court has come down heavily on the State Information Commission (SIC) for its apathetic and arbitrary attitude in denying/dropping a plea made under the Right to Information Act ('RTI Act') way back in 2018.While highlighting the contradictory stand taken by the Commission in order to avoid providing information, the Bench of Justice V. Narasingh observed –“In the...

Order 21 CPC | Principle Of Res Judicata Not Applicable To Execution Proceedings: Orissa High Court

The Orissa High Court has recently held that the principle of res judicata, as provided under Section 11 of the Code of Civil Procedure (CPC), is not applicable to execution proceedings under Order XXI of the CPC as it is a 'self-contained' and 'independent Order'.Justice Ananda Chandra Behera held that non-applicability of res judicata is a fundamental rule of civil law. In his words –“It...

Railways Strictly Liable For Death Of Passenger Who Accidentally Fell From Train & Was Run Over: Orissa High Court

The Orissa High Court has held that an accidental fall of a passenger from a moving train followed by he being run over by the same train or by another train, is an 'untoward incident' as defined under Section 123(c)(2) of the Railways Act, 1989 ('the Act') which makes the Railway Department strictly liable to pay compensation for the death.While holding the Railway liable for unfortunate...

'No Fetters On Using Upper Ground': Orissa High Court Allows Cuttack Administration To Hold Bali Jatra On Both Lower & Upper Grounds

The Orissa High Court on Thursday (October 09) made it clear that no judicial fetter has been put upon the District Administration of Cuttack for holding the historic 'Bali Jatra', set to commence next month, in the upper ground.The matter was mentioned before a Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh, which was hearing a suo moto public interest litigation...

Orissa High Court Orders Rehabilitation Of 16th-Century Samaleswari Temple's Sevayat During Ongoing Renovation Work

The Orissa High Court has directed the official authorities to take positive steps to rehabilitate a hereditary Sevayat of the 16th Century Samaleswari Temple (in Balangir District), who is performing Sevapuja of Goddess Samaleswari Devi, till the completion of ongoing temple renovation work. A Bench of Justice Sanjeeb K. Panigrahi passed the order while hearing a writ petition...

Orissa HC Allows Premature Withdrawal Of Post Bank Fixed Deposit For Marriage, Says Hindu Law Recognises It As 'Necessity'

The Orissa High Court has ordered the Post Bank to allow a woman to prematurely withdraw/encash a sum of money, which she had invested in fixed deposits, in order to bear the expenses of a marriage in the family.Refuting the stance of the bank that no such premature withdrawal is permissible, the Bench of Justice Dixit Krishna Shripad was of the opinion that marriage is recognised as...

S. 250(1) BNSS | POCSO Accused Can File Discharge Application Within 60 Days Of Receiving Police Papers: Orissa HC Issues Directions

Filling a legislative gap concerning interplay of the Bharatiya Nagarik Suraksha Sanhita ('BNSS') and the Protection of Children from Sexual Offences Act ('POCSO Act') regarding limitation period for filing a 'discharge application', the Orissa High Court has held that an accused under the latter enactment can prefer an application seeking discharge under Section 250(1) of the BNSS within...