Orissa High Court
Justice Chakradhari Sharan Singh Takes Oath As 34th Chief Justice Of Orissa High Court
Justice Chakradhari Sharan Singh, senior-most puisne Judge of the Patna High Court, on Wednesday, took oath as the 34th Chief Justice of the Orissa High Court. Raghubar Das, Governor of Odisha administered him the oath of office.His name was recommended for the post by the Collegium of the Supreme Court on November 2, 2023. The Centre notified his appointment last week.While recommending...
Murder Conviction Can't Be Solely Based Upon Evidence Found From 'Microscopic Hair Comparison': Orissa High Court
The Orissa High Court has recently held that the evidence adduced from the 'microscopic hair comparison' cannot be solely used to record a conviction for murder against an accused person.While doubting the conclusive nature of such scientific evidence, the Division Bench of Justice Sangam Kumar Sahoo and Justice Sanjay Kumar Mishra observed –“In Modi's “A text book of Medical...
Acting CJ Of Orissa High Court Reconstitutes Commercial Appellate Division Comprising Justices AK Mohapatra & MS Raman
The Acting Chief Justice of the Orissa High Court Dr. Justice Bidyut Ranjan Sarangi has reconstituted the 'Commercial Appellate Division' having a single Division Bench comprising Justice Aditya Kumar Mohapatra and Justice Murahari Sri Raman.Section 5 of the Commercial Courts Act, 2015 empowers the Chief Justices of High Courts to constitute Commercial Appellate Division having one or...
SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ('the Act'), if no prima facie offence is made out.While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held...
Orissa High Court Formulates SOP For Disbursal Of Enhanced Pay To Judicial Officers
Pursuant to the directions given in All India Judges' Association v. Union of India & Ors., whereby the Supreme Court ordered the State Governments to pay the arrears to judicial officers in terms of enhanced pay scales as per the recommendations of the Second National Judicial Pay Commission (SNJPC), the Acting Chief Justice of the Orissa High Court Dr. Justice Bidyut Ranjan Sarangi...
Orissa High Court Weekly Round-Up: January 15 To January 21, 2024
Citations: 2024 LiveLaw (Ori) 4 To 2024 LiveLaw (Ori) 9Nominal Index:Jaga @ Jagabandhu Mohalik v. State of Orissa, 2024 LiveLaw (Ori) 4Sk. Sadab Kadir & Ors. v. Saher Saniya, 2024 LiveLaw (Ori) 5Maxi @ Maximus Soreng v. State of Odisha, 2024 LiveLaw (Ori) 6Sangram Keshari Mohanty v. State of Odisha & Ors., 2024 LiveLaw (Ori) 7Krushna Dom @ Domb v. State of Odisha, 2024 LiveLaw (Ori)...
Orissa High Court Orders Transport Commissioner To Frame Policy To Avoid Congestion Of 'Seized Vehicles' In Govt Office Premises
The Orissa High Court has directed the Transport Commissioner, Government of Odisha to discuss the issue of congestion of 'seized vehicles' in the premises of police stations, forest offices and excise offices across the State and to frame appropriate policy to decongest and to avoid unnecessary wear and tear of vehicles.While disposing of a revision petition filed by an accused under the...
'Temper Runs High In People Of Scheduled Area': Orissa High Court Alters Murder Conviction Of Man From SC Community To Culpable Homicide
The Orissa High Court, on Tuesday, altered the conviction of a man belonging to scheduled caste community from murder to one of culpable homicide not amounting to murder, inter alia, observing that temper runs high in people belonging to scheduled areas and they at times behave in 'unexpected manners'.While granting partial relief to the appellant, the Division Bench of Justice Debabrata Dash...
Assessee To Approach Tribunal On Failure Of GST Dept. To Follow CESTAT's Direction, Writ Petition Not Maintainable: Orissa High Court
The Orissa High Court has held that the writ petition is not maintainable as the assessee has to approach the tribunal on the failure of the GST department to follow the direction of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT).The bench of Acting Chief Justice Dr. B.R. Sarangi and Justice Murahari Sri Raman has observed that it is incumbent upon the authority to give...
No Departmental Proceeding Or Deduction In Retiral Benefits Post Retirement In Absence Of Enabling Provision: Orissa High Court
The Orissa High Court has reiterated that in absence of specific rule/provision, no departmental proceeding can be continued against an employee nor any deduction can be made from his retirement benefits once he retires from service while a departmental enquiry is pending against him.While granting relief to a retired academician, the Single Bench of Justice Biraja Prasanna Satapathy...
Time Of Death In Post-Mortem Report Can't Be Applied With 'Mathematical Precision': Orissa HC Acquits Man Booked For Murder Of Wife & New Born
The Orissa High Court has acquitted a man convicted by the trial Court for committing murder of his wife and new-born female baby and throwing their dead bodies inside a well in the year 1998.While giving benefit of doubt to the appellant, the Division Bench of Justice Sangam Kumar Sahoo and Justice Sanjay Kumar Mishra observed –“Though this Court has a bounden duty to render justice to...
S.12 DV Act | 'Domestic Incident Report' By Protection Officer Not Mandatory To Grant Interim Maintenance: Orissa High Court
The Orissa High Court has held that 'Domestic Incident Report' (DIR) from the 'Protection Officer' is not mandatory and hence, not a pre-requisite to grant relief to an aggrieved woman under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 ('the Act').Interpreting the above provision of the Act, the Single Bench of Justice Chittaranjan Dash observed:“Section...