Orissa High Court Monthly Digest: Citations 1-17

Nominal Index: Bonod Bihari Sethy v. State of Odisha, 2022 LiveLaw (Ori) 1Dara Singh @ Rabindra Kumar Pal v. State of Orissa, 2022 LiveLaw (Ori) 2Chinmay Mohanty & Anr. v. Bar Council of India & Anr., 2022 LiveLaw (Ori) 3Ashok Kumar Agarwala v. Registrar General of Orissa High Court & Ors., 2022 LiveLaw (Ori) 4Surendra Kumar Sahoo v. State of Odisha, 2022 LiveLaw (Ori) 5Ramani Ranjan Mohanty v. W.V. Raja, 2022 LiveLaw (Ori) 6Kunja Bihari Panda & Ors. v. State of Odisha & Ors., 2022 LiveLaw (Ori) 7Ashis Ranjan Mohanty (Adv.) v. State of Odisha & Ors., 2022 LiveLaw (Ori) 8State of Odisha v. Registrar General, Orissa High Court, Cuttack, 2022 LiveLaw (Ori) 9OWSSB v. Praful Kumar Sethi & Ors, 2022 LiveLaw (Ori) 10M/s. Cresent Co. v. Commissioner of Income Tax, Sambalpur, 2022 LiveLaw (Ori) 11Tuku @ Abdul Naim Khan v. State of Odisha, 2022 LiveLaw (Ori) 12Himansu Sekhar Srichandan v. Sudhir Ranjan Patra & Ors., 2022 LiveLaw (Ori) 13Smruti Ranjan Mohanty v. State of Odisha, 2022 LiveLaw (Ori) 14SRB Transport Sambalpur v. Union of India & Ors., 2022 LiveLaw (Ori) 15Bajaj Finance Ltd v. M/s Ali Agency & Ors., 2022 LiveLaw (Ori) 16Amar Kumar Behera v. State of Odisha & Ors., 2022 LiveLaw (Ori) 17 Digest of Judgments Reported1. 'Direct Affront To Right To Speedy Trial': Orissa HC Quashes 'Criminal Intimidation' Case As Police Took 15 Yrs To Complete ProbeCase Title: Bonod Bihari Sethy v. State of OdishaCitation: 2022 LiveLaw (Ori) 1 Taking into account the inaction of the investigating agency to conclude the investigation in a Criminal Intimidation case for as long as 15 years, the High Court quashed the concerned FIR and the consequent proceedings in the case. A Single Judge Bench of Justice Sashikanta Mishra termed it as a direct affront to the cherished principle of the right to speedy trial ingrained in the provisions of Article 21 of the Constitution of India. The Court held that it can neither be a mute spectator to the whims and fancies of the investigating agency nor be a party to it and asked the higher police authorities to take note of such inaction on the part of the investigating officer(s) and pass appropriate orders to be followed by all concerned so that such incidents don't occur in the future.2. 'Brutal Attack On A Defenceless Man, No Case For Leniency': Orissa High Court Dismisses Dara Singh's Plea For Reduced Sentence In Murder Case Case Title: Dara Singh @ Rabindra Kumar Pal v. State of Orissa Citation: 2022 LiveLaw (Ori) 2 The Court dismissed a petition moved by Dara Singh alias Rabindra Pal Singh seeking modification of his life imprisonment in a case pertaining to the murder of a Muslim trader in Mayurbhanj district in the year 1999. While dismissing the appeal, a Bench comprising Chief Justice S. Muralidhar and Justice B.P. Routray observed, "It is further submitted that in the meantime the Appellant has already undergone more than 21 years inside the jail custody and considering his long custody, the punishment may be modified to such period undergone. There is no merit in the said submission. Keeping in view the nature of assault, the brutality associated therewith and the circumstances of the crime where no prior enmity existed, and the victim was unarmed and defenceless, there is no case made out for any leniency as far as the sentence is concerned."3. Orissa High Court Directs State Bar Council To Hold Election Within 6 Weeks On The Basis Of Existing Electoral RollCase Title: Chinmay Mohanty & Anr. v. Bar Council of India & Anr.Citation: 2022 LiveLaw (Ori) 3 The High Court directed the Odisha State Bar Council to hold its 'long overdue' election within 6 weeks on the basis of the existing electoral roll and not to wait for the ongoing verification process of electoral rolls to get completed. The Single Bench of Justice Arindam Sinha was hearing a plea filed by the 2 ex-office bearers of Odisha State Bar Council, who submitted that the State Bar Council conducted its last Council Election in the year 2014, and the tenure of its members expired on 5th May 2019 and thus, they sought a direction for the conduct of the election. Further, referring to Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman, (1985) 4 SCC 689, the Court also stressed that Election laws abhor a vacuum and that there cannot be arrest of the process of election.4. Orissa High Court Upholds Compulsory Retirement Order Passed Against A Judicial Officer For Being InefficientCase Title: Ashok Kumar Agarwala v. Registrar General of Orissa High Court & Ors.Citation: 2022 LiveLaw (Ori) 4 The High Court dismissed a writ plea filed by a Judicial Officer challenging the order of compulsory retirement passed against him in the year 2012 on account of not possessing the standard efficiency required to discharge the duties of a Judge. While referring to the ...

Orissa High Court Monthly Digest: Citations 1-17

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