S. 106 TP Act | 15 Days' Notice To 'Tenant Holding Over' A Must Before Eviction: Orissa High Court

The Orissa High Court has reiterated that the lessor is required to give a minimum 15-days-notice to the lessee in the nature of 'tenant holding over', as prescribed under Section 106 of the Transfer of Property Act, before seeking to evict him from his immoveable property.While deciding a regular second appeal, the Single Bench of Justice Sashikanta Mishra explained the vital differences...

If State Doesn't Question Suit Maintainability For Lack Of Notice U/S 80 CPC In Written Statement, It Can't Do So At Appellate Stage: Orissa HC

The Orissa High Court has reiterated that the State and its agencies cannot challenge the maintainability of a suit, for the first time at the stage of appeal, on the ground that no prior notice as prescribed under Section 80 of the Code of Civil Procedure was issued to them before instituting the suit.Clarifying the position of law, the Single Bench of Justice Ananda Chandra...

Trader Not Liable To Pay Social Welfare Surcharge On Customs Duty Which Is Exempted Under MEIS Scheme: Orissa High Court

The Orissa High Court has held that Social Welfare Surcharge (SWS) leviable on customs duty will be nil where a trader is exempted from paying customs duty under the Merchandise Exports from India Scheme (MEIS).Section 110 of the Finance Act 2018 contemplates levy of SWS on imported goods specified in the First Schedule to the Customs Tariff Act, 1975. As per sub-section (3), SWS is calculated...

'Pensionary Benefit To Retired Employees Is A Vested Right Subject To Fulfilment Of Prescribed Conditions', Orissa High Court Dismisses Claim For post-retirement benefits

A Single Judge Bench of Orissa High Court comprising Justice Dr. S.K. Panigrahi dismissed a Petition seeking pensionary benefits. The Court held that in absence of Rules specifying the grant of such rights, the Petitioner would not be entitled to any benefits.BackgroundThe Petitioner was appointed to the position of State Information Commissioner in Odisha. As per the recommendations of...

Wife Not Reporting About Missing Of Husband & Staying With Paramour Not Criminal Conspiracy U/S 120-B IPC: Orissa High Court

The Orissa High Court on Thursday held that a wife not reporting the police about missing status of husband, not trying to trace him out and living passively with another man will not amount to criminal conspiracy.While acquitting the appellant-wife of the charge of criminal conspiracy, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed –“…it is...

MSME Council Award Can Be Challenged Only U/S 34 Of Arbitration Act, Not Under Articles 226 Or 227: Orissa High Court

The Odisha High Court bench of Chief Justice Chakradhari Sharan Singh and Justice Murahari Sri Raman has upheld that an arbitral award passed by the Micro and Small Enterprises Facilitation Council (MSEFC) could only be challenged in accordance with Section 34 of the Arbitration and Conciliation Act, 1996, as mandated by Section 19 of the MSMED Act. The court held that the Single...

Wife Asking Hungry Husband To Wait For Preparation Of Food Not 'Grave & Sudden Provocation': Orissa High Court Upholds Murder Conviction

The Orissa High Court has recently held that a wife asking her husband to wait for some time to have food, as preparation of food was underway, is not grave and sudden provocation which would lead him to cause injuries to her and take away her life.While upholding the conviction of the appellant-husband for murder of his wife, the Division Bench of Justice Sangam Kumar Sahoo and...

Orissa High Court Allows Holding Of Bali Jatra At Both Upper And Lower Grounds, Orders Regular Breath Analyser Test For 'MoBus' Drivers

The Orissa High Court last week allowed the Cuttack district administration to organize the historic Bali Jatra at both the upper as well as lower Bali Jatra grounds scheduled to be held between November 15-22. While hearing a PIL petition concerning the civic issues pertaining to Cuttack a division bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh in its November 7 order said,...

Entry Made In Dispatch Register Is Not Primary Evidence To Prove Service Of Notice On Assessee: Orissa High Court

The Orissa High Court has made it clear that an entry in the dispatch register maintained by the Revenue is not primary evidence to show service of notice on an assessee. In the case at hand, Petitioner-assessee was aggrieved by rejection of application made under section 154 in Income Tax Act, 1961 for rectification. Petitioner was issued a notice for scrutiny assessment...

Orissa High Court Refuses To Quash FIR Against Lawyer Accused Of Taking Money To Bribe Judge For Bail

The Orissa High Court recently declined to dismiss a criminal case against an advocate accused of accepting money, gold, and property deeds from a client in exchange for securing favorable bail outcomes from a now-retired High Court Judge.The single bench comprising Justice Sibo Sankar Mishra underscored the need for strict measures to uphold public confidence in the judicial system and...

'Trial Would Be Futile Exercise': Orissa High Court Quashes Case Against Engineer For Not Wearing Mask During Pandemic

The Orissa High Court has quashed criminal case against a 39-year-old engineer for riding motor cycle without putting on helmet and not wearing mask during COVID-19 pandemic in the year 2020.Stressing on the intention behind the legislation of the Epidemic Disease Act, 1897, the Single Bench of Justice Sibo Sankar Mishra held that allowing the trial to be held in the case would be a...

Unlikely That Woman Would Harm Her Unborn Baby By Committing Suicide: Orissa HC Upholds Conviction Of Ex-MLA For Pregnant Wife's Murder

The Orissa High Court has upheld the conviction and life-term of former Member of Legislative Assembly (MLA) Ramamurty Gamango for murder of his pregnant wife in the year 1995 at his official residence.While confirming the 2023's trial Court order, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed –“The conclusive nature of the evidence,...