Orissa High Court Monthly Digest: February 2023

Nominal IndexAshok Kumar Das v. Kapileswar Samal & Ors., 2023 LiveLaw (Ori) 14Smt. Geeta Tiwari & Anr. v. State of Orissa & Anr., 2023 LiveLaw (Ori) 15Cuttack Central Co-operative Bank Ltd. v. Asst. Commissioner of Income Tax, 2023 LiveLaw (Ori) 16Rabindra Kumar Jena v. Republic of India (CBI), 2023 LiveLaw (Ori) 17Sureswar Mishra v. State of Odisha, 2023 LiveLaw (Ori) 18Vedanta Resources Ltd. v. ACIT, 2023 LiveLaw (Ori) 19Gau Gyan Foundation ‘Rudrashram Gaushala’ v. The State of Odisha & Anr., 2023 LiveLaw (Ori) 20D. Anita Majhi @ Mila v. State of Odisha & Ors., 2023 LiveLaw (Ori) 21State of Odisha v. M/s. Godrej Sara Lee Ltd., 2023 LiveLaw (Ori) 22M. Rajamma v. State of Orissa & Ors., 2023 LiveLaw (Ori) 23Hrusikesh Sahoo & Anr. v. State of Orissa, 2023 LiveLaw (Ori) 24Smt. Renuka Sethi & Ors. v. Babu Sahu & Anr., 2023 LiveLaw (Ori) 25PCIT (Central) versus Narayan Kumar Khaitan, 2023 LiveLaw (Ori) 26Management Committee, CFH Scheme, Paradip Port v. Paradip Port Workers Union & Anr., 2023 LiveLaw (Ori) 27Bichitrananda Barik v. State of Odisha & Ors., 2023 LiveLaw (Ori) 28Manager Legal, Tata AIG General Insurance Co. Ltd. v. Usha Agarwal & Ors., 2023 LiveLaw (Ori) 29Judgments/Orders ReportedOrissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft CaseCase Title: Ashok Kumar Das v. Kapileswar Samal & Ors.Citation: 2023 LiveLaw (Ori) 14The Orissa High Court declined to interfere in an appeal against acquittal of some persons, which was recorded by a Magistrate Court in 1994, for allegedly cutting and removing away paddy from the complainant’s field. While dismissing the appeal, the Single Judge Bench of Justice Gourishankar Satapathy said:“One of the important facts, which weighed in the mind of this court is that the order of acquittal of the accused persons was recorded by the learned trial Court around 29 years back and reversing such finding of acquittal after a long lapse of time, can never be said to be in the interest of justice for a matter relating to civil dispute between the parties.”S.498A IPC | Case Can Be Filed At A Place Where Wife Resides After Leaving Matrimonial Home On Account Of Cruelty: Orissa HC ReiteratesCase Title: Smt. Geeta Tiwari & Anr. v. State of Orissa & Anr.Citation: 2023 LiveLaw (Ori) 15The Orissa High Court reiterated that a case under Section 498A of the Indian Penal Code can be filed at a place where a woman resides after leaving or being driven out of matrimonial home on account of cruelty. While terming the aforesaid charge as a ‘continuing offence’, the Single Judge Bench of Justice Gourishankar Satapathy observed,“…the physical acts of cruelty have definite consequence on mental faculty of the victim of torture. Hence, the physical cruelty meted to the wife at her matrimonial home would have an adverse impact and effects on the mental health of the wife at her parental home, especially when the offence U/S. 498-A of IPC is a continuing offence and torture as meted to wife at different place would also torture the wife mentally for a longer period.”Orissa High Court Allows Deduction To The Co-operative Society Involved In The Business Of BankingCase Title: Cuttack Central Co-operative Bank Ltd. v. Asst. Commissioner of Income TaxCitation: 2023 LiveLaw (Ori) 16The Orissa High Court granted deduction to the Co-operative Society engaged in the banking business. The Division bench of Chief Justice Dr. S. Muralidhar and Justice M.S. Raman observed that the tribunal was justified in making further classification while interpreting Section 80P(4) of the Income Tax Act by treating it to be different from the primary agriculture rural development bank/co-operative societies.Seashore Chit Fund Scam: Orissa High Court Declines To Quash Proceedings Against Ex-MP Rabindra JenaCase Title: Rabindra Kumar Jena v. Republic of India (CBI)Citation: 2023 LiveLaw (Ori) 17The Orissa High Court dismissed a petition seeking to set aside pending criminal proceedings against former Member of Parliament (MP) from Odisha’s Balasore Rabindra Kumar Jena, who is an accused in multi-crore Seashore chit fund scam. While denying relief to the ex-parliamentarian, the Single Bench of Justice Bibhu Prasad Routray said:“It is not that the money was received through the companies owned by the Petitioner, but by him personally. So, the otherwise inference is that he must have a close nexus with Prashant Kumar Dash, the principal accused. If the relationship is not purely business or official, then it must be for any suspicious purpose and this needs to be examined in course of trial.”‘Madhu Barrister Would Have Hanged His Head In Shame’: Orissa HC Criticizes Conduct Of Striking Lawyers Of Sambalpur, Grants BailCase Title: Sureswar Mishra v. State of OdishaCitation: 2023 LiveLaw (Ori) 18The Orissa High Court heavily criticized the unruly conducts of striking lawyers of Sambalpur while they staged a violent protest in December last year with a demand to establish a...

Orissa High Court Monthly Digest: February 2023

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Orissa High Court Monthly Digest: February 2023

Jyoti Prakash Dutta

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