Orissa High Court
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...
Orissa High Court Issues Contempt Notice To DSP For Non-Appearance Despite Notice; Orders DGP To Ensure His Presence On Next Date
The Orissa High Court has issued contempt notice to a police officer in the rank of Deputy Superintendent of Police (DSP) for not appearing before it through virtual mode despite of previous notice and intimation through Government lawyer.The Single Bench of Justice Sangam Kumar Sahoo also directed the Director General of Police (DGP) to ensure the presence of the DSP before the Court on the...
Appeal Against ITAT Order Dismissing Revenue’s Recall Application Does Not Lie Before High Court: Orissa High Court
The Orissa High Court has held that the order passed by the Income Tax Appellate Tribunal (ITAT) dismissing the department’s appeal on the ground of the low tax effect is appealable before the High Court under Section 260A of the Income Tax Act, 1961; however, an appeal against the ITAT order dismissing Revenue’s recall application does not lie before the High Court.The bench of Acting...
Denial Of Promotion/Service Benefits For Prolonged Pendency Of Criminal Trial Amounts To ‘Double Jeopardy’: Orissa High Court
In an important decision, the Orissa High Court has opined that denial of promotion and other statutory rights and service benefits, merely because of long pendency of criminal trial, amounts to ‘double jeopardy’ and violates constitutional rights of the delinquent employee.While directing the authorities to give promotion to the petitioner, making it subject to result of the criminal...
Husband's Request To Father-in-Law For Money To Arrange Job With Assurance Of Repayment Not 'Dowry Demand' : Orissa High Court
The Orissa High Court has held that a request for a sum of money by the husband to his in-laws for arranging a job for himself, which he assured to repay, will not amount to demand of ‘dowry’ as per Section 2 of the Dowry Prohibition Act.The Single Bench of Justice Sangam Kumar Sahoo was hearing an appeal filed a person accused of committing murder of his wife in connection with demand...
Article 233(2) | 7 Yrs Continuous Practice As Advocate Must Be 'Immediately' Before Recruitment As District Judge From Bar: Orissa HC
The Orissa High Court has held that a person must have practiced as an Advocate continuously for seven years 'immediately' before submitting application for direct recruitment in the cadre of District Judge from the Bar.The Division Bench of Justice Debabrata Dash and Justice Gourishankar Satapathy clarified that mere seven year (or more) experience as an Advocate at a point of time in the...
'Sarpanch-patism’ Or Husband Working As 'Proxy' For Sarpanch Wife Defeats Purpose Of Women Reservation: Orissa High Court
The Orissa High Court has expressed serious concerns over husbands/male members of women sarpanches acting as ‘proxy sarpanch’ and discharging duties as de facto sarpanch in the place of elected female sarpanches.The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi held that such system of ‘proxy sarpanch’ or ‘sarpanch-patism’ defeats the very purpose of the Constitution...
Orissa High Court Directs State To Consider Using Facial Biometrics To Identify ATM Users, Deter Criminal Activities
The Orissa High Court has directed the State to have discussion with all bank authorities and particularly, with the authorities of the Reserve Bank of India (RBI) to install ‘facial biometric identification systems’ at all the Automated Teller Machines (ATMs) so as to facilitate investigating agencies to retrieve identities of persons using such facilities for illegal purposes.The...
S.294 CrPC | Not Mandatory To Examine Doctor If Genuineness Of Post-Mortem Report Not Disputed By Accused: Orissa High Court
The Orissa High Court has clarified that it is not mandatory to examine the doctor, who conducted the post-mortem examination, if the genuineness of his report is not disputed by the accused. It further held that once the accused admits the report to be genuine, it can be read as substantive evidence.While elucidating the mandate of the provision under Section 294 of the Code of...
40 More Paperless Courts Inaugurated In Odisha In Phase V Of E-Courts Project; Total Tally Reaches To 199 Courts
The Acting Chief Justice of the Orissa High Court Dr. Justice Bidyut Ranjan Sarangi inaugurated 40 more Paperless Courts in Phase-V of the e-Courts project. Justice Krushna Ram Mohapatra, Chairperson, Artificial Intelligence & Information Technology Committee and the Judges of the High Court were present on the occasion.In the National Conference on Digitization, e-Initiatives and...
Orissa High Court Drops Contempt Proceedings Against Two Persons Arrested From Acting CJ’s Courtroom For ‘Contemptuous’ Behaviour
The Orissa High Court on Monday dropped the suo moto contempt proceedings initiated against two persons who were arrested from the Courtroom of the Acting Chief Justice for showing unruly and contemptuous behavior to the Court.While accepting the unconditional apologies tendered by the two contemnors, the Division Bench of Acting Chief Justice Dr. Justice Bidyut Ranjan Sarangi and...
Two Arrested From Courtroom Of Orissa High Court’s Acting Chief Justice For ‘Contemptuous’ Behaviour
In a shockingly unprecedented development, two persons including one litigant got arrested by police from the Courtroom of the Acting Chief Justice of the Orissa High Court for showing unruly and contemptuous behaviour to the Court.While asking the Registrar (Judicial) to register a suo motu contempt case, the Division Bench of Acting Chief Justice Dr. Justice Bidyut Ranjan Sarangi and...