Joinder Of Wife's Paramour As 'Defendant' Not Mandatory In All Cases Of Divorce On Ground Of Adultery: Orissa High Court

The Orissa High Court has ruled that joinder of paramour of the wife as 'defendant' is not mandatory in all cases of divorce on the ground of adultery.While interpreting Rule 5 of the Hindu Marriage and Divorce (Orissa High Court) Rules, 1956 ('the Rules'), the Division Bench of Justice Arindam Sinha and Justice Mruganka Sekhar Sahoo held:“Though the rule mandates making of the paramour as...

Doctors Should Write In Capital Letters Or Legible Handwriting : Orissa High Court

In an interesting order, the Orissa High Court has directed the Chief Secretary, Government of Odisha to issue direction to all the doctors of the State to write medical prescriptions, post-mortem reports and all other medico-legal documents either in capital letters or in legible handwriting.While highlighting the difficulty faced by the judicial officers to comprehend “zig zag...

Orissa High Court Directs State Govt To Withhold Final Orders On Establishment Of New Districts Sans Court Approval

The Orissa High Court last week directed the State government to refrain from issuing a final order on district reorganization without the leave of the court. This comes as a setback for the state government which was contemplating creating a new district of Padampur, a sub-division of Bargarh district, as a new district."...this Court feels it necessary that the process of reorganization of...

Special Parole Granted During COVID Can't Be Counted While Calculating Period Of Imprisonment: Orissa High Court

The Orissa High Court clarified that the period of special parole availed by prisoners due to the outbreak of the COVID-19 pandemic cannot be counted as a period of imprisonment and thus, while counting the period of imprisonment undergone by a convict, the special parole period has to be excluded.While denying relief to the petitioner who urged the Court to release him from jail custody,...

Accused On Interim Bail Deemed To Be In 'Constructive Custody' Of Court; Need Not Surrender To Avail Regular Bail: Orissa High Court

The Orissa High Court has recently held that the accused released on interim bail is deemed to be in 'constructive custody' of the Court in seisin over the matter and hence, he need not surrender before it again to be released on regular bail.While granting bail to two accused persons, the Single Bench of Justice V. Narasingh observed:“The word custody has not been defined in Cr.P.C.. Yet...

Orissa High Court Imposes ₹1 Lakh Cost On 'Frivolous' Plea Seeking To Declare S.69(ii) Of The Representation Of People Act As Unconstitutional

The Orissa High Court has dismissed a plea seeking to declare Section 69(ii) of the Representation of People Act, 1951 as unconstitutional, and imposed a cost of Rs 1 lakh on the petitioner. The petition, which was filed by one Bibhutibhusan Mohapatra, urged the Court to declare the aforesaid provision unconstitutional to have fair elections because democracy is the basic structure of...

Such Judicial Adventurism Must Be Shunned: Orissa HC Criticises Trial Court For Sending Accused To Police Remand, Despite HC Granting Anticipatory Bail

The Orissa High Court has come down heavily on a Special Vigilance Judge for denying bail to two persons accused in a corruption case and sending them to police remand despite a previous order by the High Court granting them anticipatory bail.Making adverse remarks against the manner in which the trial Judge summoned and remanded the accused into custody, the Single Bench of Justice V....

Not Proving 'Viscera Report' In Suspected Cases Of Murder By Poison, Is Misconduct By Investigating Agency: Orissa High Court

The Orissa High Court has reiterated that the investigating agencies are duty bound to send 'viscera sample' for chemical examination in all suspected cases of murder due to 'poisoning' and must place the viscera report before the trial Court after obtaining the same from Forensic Laboratory.While terming the omission on the part of police to obtain viscera report a 'misconduct', the...

Orissa High Court Orders ₹10 Lakh Compensation For Father Of Minor Mauled To Death By Stray Dogs In 2016

The Orissa High Court, on Wednesday, ordered the Puri Municipal Corporation to pay rupees ten lakhs compensation to the father of a minor boy who was attacked and mauled to death by four street/stray dogs in 2016.While fixing the responsibility of the Municipal Corporation, the Division Bench of Acting Chief Justice Dr. BR Sarangi and Justice MS Raman held:“The facts and circumstances...

Trial Courts Must Be Circumspect Before 'Pestering' On Personal Attendance Of Doctors, Public Servants While Issuing Summons: Orissa High Court

The Orissa High Court has held that trial Courts must be careful and should balance the mandate of law (requiring personal attendance of an accused) and requirements of the general public while pestering on the personal attendance of a public servant, particularly a doctor, whose presence is very much necessary in the hospital.While dispensing with the personal attendance of lady...

Orissa High Court Raps Ex-Collector Of Cuttack For Filing False Affidavit In Illegal Sand Mining Case

The Orissa High Court has come down heavily on the State authorities and particularly, on a former Collector of Cuttack for swearing a false affidavit and submitting the same before the Court.While taking cognizance of the matter, the Division Bench of Acting Chief Justice Dr. Bidyut Ranjan Sarangi and Justice Murahari Sri Raman sternly observed,“It is observed on scrutiny that...

Orissa High Court Allows Expenditure Towards Contribution For Running Of School As Business Expenditure

The Orissa High Court has held that the expenditure towards the contribution for the running of the school is a business expenditure.The bench of Justice S.K. Panigrahi and Justice G. Satapathy has observed that expenditure towards contribution for the running of the school is an expenditure for the smooth functioning of the business of the assessee and also an expenditure wholly and...