Forcing DNA Test Upon A Party In Partition Suit To Determine Parentage Violates Right To Privacy: Orissa High Court

The Orissa High Court has recently held that forcing a party to a partition suit to undergo DNA test for ascertaining his/her parentage is unwarranted as it violates the right to privacy guaranteed under Article 21 of the Constitution.Highlighting the legal untenability of such request made by the rival party, the single bench of Justice Bibhu Prasad Routray said –“In a suit for...

Local Police Stations Can Also Investigate Cyber Crimes, CID-CB Doesn't Have Exclusive Jurisdiction: Orissa High Court

In an important ruling, the Orissa High Court has clarified that the Crime Investigation Department, Crime Branch (Cyber Crime) ('CID-CB') is not the only investigating body empowered to probe cyber/IT related offences, rather the local police stations can also investigate such offences subject to the condition that the Investigating Officer (IO) is not below the rank of...

'Draupadi's Humiliation Set Stage For War': Orissa High Court Alters Conviction In 1994 Murder Case Linked To Insult Of Girl

The Orissa High Court has altered the murder conviction of six persons under Section 302, IPC to culpable homicide not amounting to murder under Section 304 Part-II, IPC for causing death by fatal assault of a man, who registered protest against misbehaviour meted out by one of the accused to his daughter.Ruling out intention on the part of the appellants for causing murder, Division Bench...

Orissa High Court Half Yearly Digest: January - June, 2025

Citations: 2025 LiveLaw (Ori) 1 To 2025 LiveLaw (Ori) 82Nominal Index [Citations 1-82]MH BLAND S.L. v. MV PROPEL FORTUNE (IMO 9500699), 2025 LiveLaw (Ori) 1Doyel Dey v. The Judge, Family Court, Balasore & Anr., 2025 LiveLaw (Ori) 2Sonel Sekhar Nayak & Ors. v. State of Odisha & Anr., 2025 LiveLaw (Ori) 3Binod Pattanayak v. Union of India, 2025 LiveLaw (Ori) 4Ashok Kumar Swain...

'She Has Been A Relentless Fighter': Orissa High Court Orders Appointment Of PwD Candidate As Teacher 11 Yrs After Faulty Rejection

In a major relief to a female aspirant with physical disability (PwD), the Orissa High Court has ordered the State to appoint her as 'Sikshya Sahayak'/teacher more than a decade after her application for selection to the post was wrongly rejected.Acknowledging her long fight for justice, the Bench of Justice Dixit Krishna Shripad remarked –“Petitioner was before this Court twice earlier...

Orissa High Court Imposes Restrictions On Installation Of Huge Puja Pandals, Orders Regulation Of Noise Pollution

The Orissa High Court on Thursday imposed restrictions on erection of huge bamboo structures/pandals on public road, footpath, and installation of electric gates during the festive season starting from Lord Ganesh Puja next week. It has also asked the administration to ensure checks on noise pollution during the festivities.A Division Bench of Justice Sangam Kumar Sahoo and Justice V....

Orissa High Court Orders Equal Pay For Lecturer Of Private-Aided College, Says Govt Should Celebrate Citizens' Victory Against It

“The Government should celebrate citizen's victory against it, secured in due process of law,” rthe Orissa High Court remarked while directing the state government to grant equal pay scale to a Lecturer of government-aided private institution, at par with pay scale of corresponding class of employees of government institutions.Discarding the apprehension raised by the government that...

'Prays To God & Reads Gita Regularly': Orissa HC Commutes Death Sentence Of Man Convicted Of Double Murder, Killing Pregnant Lady's Foetus

The Orissa High Court has commuted the sentence of death imposed by the Sessions Court on a man for not only committing murder of two random people at two different places, but also causing grievous hurt to two other people, and attempting to murder a pregnant lady by stabbing her repeatedly and inserting a 'pastry-roller' inside her private part which ultimately caused death of the...

Lessee Is True Owner Of Structure That He Builds Over Leased Land, Lessor Cannot Claim Ownership: Orissa High Court

The Orissa High Court has reiterated that a lessee is the true owner of a structure that he builds over a leased land, and therefore, the ownership over the same cannot be claimed by the lessor who is undoubtedly owner of the leased land.While adjudicating a dispute relating to a mobile tower built over a leased land, Justice Dixit Krishna Shripad ingeminated the following settled principle...

Writ Of Mandamus Can't Be Issued Compelling Police To Register FIR Without Complaint Being Made To Magistrate: Orissa High Court

The Orissa High Court has reiterated that a writ petition seeking issuance of the writ of mandamus to the police for registration a First Information Report (FIR) is not maintainable unless the grievance regarding non-registration of FIR is raised before the jurisdictional Magistrate by means of a complaint.To put briefly the facts of the case, the prosecution alleged that the petitioner led...

Orissa High Court Raises Concern Over Misuse Of State Emblem, Calls For Awareness Among Citizens & Officials

The Orissa High Court last week expressed serious concern over the rampant misuse and violation of the provisions of the State Emblem of India (Prohibition of Improper Use) Act, 2005, as it stressed the need for greater awareness among both citizens and government officials about its proper use. A Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman was hearing...

S. 293 CrPC | Not Mandatory To Examine Scientific Expert To Prove Chemical Examination Report: Orissa High Court

The Orissa High Court has held that it is not mandatory on the part of the prosecution to examine the Scientific Officer/Expert as a witness in order to prove the chemical examination report. In other words, a forensic report or chemical examination report does not lose probity merely on the ground of non-examination of its maker, which can otherwise be held as admissible evidence.While...