Woman Attaining Motherhood Through Surrogacy Entitled To 'Maternity Leave': Orissa High Court

In a landmark decision, the Orissa High Court has held that a woman employee who attains motherhood through 'surrogacy' is also entitled to avail the benefit of maternity leave as it is not only beneficial for the concerned woman but also needed for a healthy rearing of a new-born.Granting judicial sanction to the vital right of female employees, the Single Bench of Dr. Justice Sanjeeb...

S.27 Evidence Act | Discovery Not Vitiated Merely If Material 'Openly Accessible', Unless It Is Visible To 'Bare Eyes' Of People: Orissa High Court

The Orissa High Court has reiterated that the statement of an accused leading to discovery of an object/material is not vitiated if the same is 'openly accessible', rather it can said to be tainted when it is visible to the 'bare eyes' of the people passing through the area.Clarifying the position of law, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash...

Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court

The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding which is subject matter of adjudication by Debt Recovery Tribunal (DRT) or Appellate Tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act').Clarifying the jurisdictional issue, the Division...

Orissa High Court Releases Its Report Card For The Year 2023, Hosts Annual District Judges' Conference

The Orissa High Court organized the Annual District Judges' Conference-2024 from 28th to 30th June, 2024. It has also released its report card for the year 2023 in the form of an 'Annual Report'.The inauguration ceremony was held on Friday in the Odisha Judicial Academy, Cuttack which witnessed the presence of Chief Justice Chakradhari Sharan Singh as the Chief Guest. The Judges of the High...

'Why Was Eco-Friendly Boating Facility At Taladanda Canal Stopped?': Orissa High Court Asks State Govt

The Orissa High Court has questioned the State as to why the eco-friendly boating facility at Taladanda Canal has been halted since November last year, even before completing second month of its inauguration.The Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh was hearing a Public Interest Litigation (PIL) suo moto registered by the Court to monitor different...

Lok Adalat 'Awards' Not Independent Verdict, Should Resist Temptation To Play Role Of Regular Judges: Orissa High Court

The Orissa High Court has reiterated that 'awards' passed by Lok Adalats are not independent adjudicatory verdicts, rather an administrative act of incorporating terms of settlement or compromise agreed upon by the parties in the form an 'executable order'.The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi advised the Lok Adalats to refrain from acting as regular Courts and said...

'Single Testis In Scrotum, Medically Unfit': Orissa HC Dismisses Plea Of Constable Who Was Denied Appointment As CISF Sub-Inspector

The Orissa High Court has dismissed the writ petition filed by a Constable of Central Industrial Security Force (CISF) who was denied appointment to the post of Sub-Inspector, even after qualifying the written test in the departmental examination, on the ground that he was having a 'single testis' in the scrotum.While upholding the decision of the Medical Review Board which found the...

Orissa High Court Orders ₹10 Lakhs Compensation For Minor's Death After Wall Collapse In Govt Primary School, Directs Safety Audits

The Orissa High Court has ordered the State to pay rupees ten lakhs compensation to the parents of a minor boy who succumbed to injuries sustained after a toilet wall collapsed inside the school campus.While providing relief to the bereaved petitioners/parents, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed –“…it is evident that the collapse of the toilet building wall...

S.306 IPC | Merely Rejecting To Marry Girl After Being Engaged To Her Doesn't Amount To Abetment Of Suicide: Orissa High Court

The Orissa High Court has held that merely rejecting to marry a girl after getting engaged to her per se would not amount to 'abetment of suicide' as provided under Section 306 of the Indian Penal Code.While quashing the criminal proceedings against the petitioner, the Single Bench of Justice Sibo Sankar Mishra observed –“…this court feels that act of entering into the engagement with...

Limitation Period For Arbitration Starts From Date When Cause Of Action Accrued: Orissa High Court

The Orissa High Court bench of Justice D. Dash has held that the period of limitation for commencing arbitration runs from the date when the cause of arbitration accrued. This means from the date when the claimant first acquired the right to either take action or require arbitration. Therefore, the bench held that the limitation period for starting arbitration matches the...

No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court

The Orrisa High Court bench of Justice D. Dash held that in a petition under Section 34 of the Arbitration and Conciliation Act, 1996, reappreciating evidence is not allowed in order to replace the arbitrator's view with another. It held that the views expressed by the arbitrator must be considered as possible interpretations based on the factual circumstances. Section 34 deals...

Appellate Court Can't Order Re-Imprisonment Of Prematurely Released Convict Unless Vires Of Such Release Challenged: Orissa High Court

Clarifying a significant anomaly, the Orissa High Court has held that the executive authorities have unhindered power to consider the case of life convicts for premature release even when their appeal is pending before the Appellate Court.The Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash also held that the Appellate Court, after deciding the appeal and upholding...