'Draupadi's Humiliation Set Stage For War': Orissa High Court Alters Conviction In 1994 Murder Case Linked To Insult Of Girl

The Orissa High Court has altered the murder conviction of six persons under Section 302, IPC to culpable homicide not amounting to murder under Section 304 Part-II, IPC for causing death by fatal assault of a man, who registered protest against misbehaviour meted out by one of the accused to his daughter.Ruling out intention on the part of the appellants for causing murder, Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash remarked –“A trivial incident of passing lewd...

Orissa High Court Half Yearly Digest: January - June, 2025

Citations: 2025 LiveLaw (Ori) 1 To 2025 LiveLaw (Ori) 82Nominal Index [Citations 1-82]MH BLAND S.L. v. MV PROPEL FORTUNE (IMO 9500699), 2025 LiveLaw (Ori) 1Doyel Dey v. The Judge, Family Court, Balasore & Anr., 2025 LiveLaw (Ori) 2Sonel Sekhar Nayak & Ors. v. State of Odisha & Anr., 2025 LiveLaw (Ori) 3Binod Pattanayak v. Union of India, 2025 LiveLaw (Ori) 4Ashok Kumar Swain...

'She Has Been A Relentless Fighter': Orissa High Court Orders Appointment Of PwD Candidate As Teacher 11 Yrs After Faulty Rejection

In a major relief to a female aspirant with physical disability (PwD), the Orissa High Court has ordered the State to appoint her as 'Sikshya Sahayak'/teacher more than a decade after her application for selection to the post was wrongly rejected.Acknowledging her long fight for justice, the Bench of Justice Dixit Krishna Shripad remarked –“Petitioner was before this Court twice earlier...

Orissa High Court Imposes Restrictions On Installation Of Huge Puja Pandals, Orders Regulation Of Noise Pollution

The Orissa High Court on Thursday imposed restrictions on erection of huge bamboo structures/pandals on public road, footpath, and installation of electric gates during the festive season starting from Lord Ganesh Puja next week. It has also asked the administration to ensure checks on noise pollution during the festivities.A Division Bench of Justice Sangam Kumar Sahoo and Justice V....

Orissa High Court Orders Equal Pay For Lecturer Of Private-Aided College, Says Govt Should Celebrate Citizens' Victory Against It

“The Government should celebrate citizen's victory against it, secured in due process of law,” rthe Orissa High Court remarked while directing the state government to grant equal pay scale to a Lecturer of government-aided private institution, at par with pay scale of corresponding class of employees of government institutions.Discarding the apprehension raised by the government that...

'Prays To God & Reads Gita Regularly': Orissa HC Commutes Death Sentence Of Man Convicted Of Double Murder, Killing Pregnant Lady's Foetus

The Orissa High Court has commuted the sentence of death imposed by the Sessions Court on a man for not only committing murder of two random people at two different places, but also causing grievous hurt to two other people, and attempting to murder a pregnant lady by stabbing her repeatedly and inserting a 'pastry-roller' inside her private part which ultimately caused death of the...

Lessee Is True Owner Of Structure That He Builds Over Leased Land, Lessor Cannot Claim Ownership: Orissa High Court

The Orissa High Court has reiterated that a lessee is the true owner of a structure that he builds over a leased land, and therefore, the ownership over the same cannot be claimed by the lessor who is undoubtedly owner of the leased land.While adjudicating a dispute relating to a mobile tower built over a leased land, Justice Dixit Krishna Shripad ingeminated the following settled principle...

Writ Of Mandamus Can't Be Issued Compelling Police To Register FIR Without Complaint Being Made To Magistrate: Orissa High Court

The Orissa High Court has reiterated that a writ petition seeking issuance of the writ of mandamus to the police for registration a First Information Report (FIR) is not maintainable unless the grievance regarding non-registration of FIR is raised before the jurisdictional Magistrate by means of a complaint.To put briefly the facts of the case, the prosecution alleged that the petitioner led...

Orissa High Court Raises Concern Over Misuse Of State Emblem, Calls For Awareness Among Citizens & Officials

The Orissa High Court last week expressed serious concern over the rampant misuse and violation of the provisions of the State Emblem of India (Prohibition of Improper Use) Act, 2005, as it stressed the need for greater awareness among both citizens and government officials about its proper use. A Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman was hearing...

S. 293 CrPC | Not Mandatory To Examine Scientific Expert To Prove Chemical Examination Report: Orissa High Court

The Orissa High Court has held that it is not mandatory on the part of the prosecution to examine the Scientific Officer/Expert as a witness in order to prove the chemical examination report. In other words, a forensic report or chemical examination report does not lose probity merely on the ground of non-examination of its maker, which can otherwise be held as admissible evidence.While...

S.58 BNSS | Bail Must Be Granted To Accused If Not Produced Before Magistrate Within 24 Hrs Of Arrest: Orissa High Court

The Orissa High Court has reiterated that failure on the part of police/investigation agency to produce an accused before Magistrate within 24 hours of arrest shall vitiate the arrest itself, as it violates the safeguards enshrined under Article 22(2) of the Constitution and Section 58 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).While enlarging two accused persons on bail, the Bench...

Orissa High Court Upholds Conviction Of Six Persons In 1996 Double Murder Case, Orders Them To Surrender After 15 Yrs Of Bail

Almost three decades after two persons were allegedly murdered in the district of Kendrapara by a mob of nine men and 15 years after the accused persons were enlarged on bail, the Orissa High Court on Monday (August 11) upheld the judgment of conviction passed by the trial Court in the year 1998 and ordered six convicts (other three convicts having died in the meantime) to surrender in order...