Ridiculing Husband Over His Physical Infirmity, Calling Him 'Kempa' & 'Nikhatu' Constitutes Mental Cruelty: Orissa High Court

The Orissa High Court has held that a wife ridiculing and passing disparaging comments about physical disability/infirmity of her husband and using derogatory words over his condition like 'Nikhatu' or 'Kempa' is a form of mental cruelty, which is a sufficient ground for grant of divorce.While upholding the decree of divorce passed by the Family Court, the Division Bench of Justice Bibhu...

O. 39 R.7 CPC | Report Of Pleader Commissioner Can't Be Taken As Evidence While Deciding Suit: Orissa High Court

The Orissa High Court has clarified that the report submitted by a Pleader Commissioner, appointed under Order 39 Rule 7 of the Code of Civil Procedure (CPC), cannot be treated as evidence while deciding a suit, and utility of such report is confined to the limited purpose of inspection, preservation or detention of a suit property.While upholding an order of appointment of Pleader...

'Child Not An Inanimate Object Which Can Be Tossed From One Parent To The Other': Orissa High Court Upholds Father's Visitation Rights

While upholding a father's visitation rights, the Orissa High Court underscored a child of tender age requires love and affection of both of his parents, and cannot be treated as an 'inanimate object' to satisfy the egos and acrimonies between his parents. It also reiterated that the visitation right of either of the parents can only be decided considering the welfare of the child and not on...

'POCSO Act Not A Tool To Enforce Society's Outdated Moral Codes': Orissa High Court Grants Interim Bail To Accused To Marry Victim

The Orissa High Court has recently held that the Protection of Children from Sexual Offences Act ('POCSO Act') cannot be used as a tool for enforcing outdated moral codes or to criminalise adolescent romantic relationships in order to deter “socially non-conforming behaviour” irrespective of it being consensual in nature.The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi accentuated...

Octogenarian Crawls To Panchayat Office For Old Age Allowance: District Admn Ensures Help After Orissa High Court Judge Intervenes

Justice Sangam Kumar Sahoo, senior-most Judge of the Orissa High Court and Executive Chairperson of Odisha State Legal Services Authority (OSLSA) has directed the District Administration of Kendrapara to provide old-age allowance to an octogenarian at his doorsteps and also to ensure a pucca house for the ailing senior citizen, who was living in a dilapidated thatched house without...

Orissa High Court Comes Down Heavily On Cuttack Municipal Commissioner Over Construction Near Law University Despite Stay

The Orissa High Court poured scorn on the Commissioner, Cuttack Municipal Corporation (CMC) for his failure to comply with an earlier order whereby it had put an interim stay on the construction of a 'vending zone' near the new campus of Madhusudan Law University, Rehman Square, Jobra, Cuttack.Though the matter was not originally listed for hearing on Friday, the Vacation Division Bench...

'No Hawking Within 100 Metres': Orissa High Court Stays Construction Of Vending Zone Near Law University

The Orissa High Court has put an interim stay in the construction of a 'vending zone' near the new campus of Madhusudan Law University, Rehman Square, Jobra, Cuttack, on the ground of probable inconvenience to academic activities.A Vacation Bench of Justice Sangam Kumar Sahoo and Justice Mruganka Sekhar Sahoo was hearing a petition seeking an immediate halt in construction work near the...

'No One More Suited Than Her': Orissa High Court Appoints Wife As Legal Guardian Of Comatose Husband

Filling a legislative void by judicial intervention, the Orissa High Court has recently appointed the wife of a person lying in 'comatose'/ 'vegetative state' to manage his personal, financial, legal, medical and business matters as his 'legal guardian'.Dr. Justice Sanjeeb Kumar Panigrahi not only called attention to the vacuum in the existing statutory regime regarding appointment of guardian...

Justice Dixit Krishna Shripad Sworn-In As Judge Of Orissa High Court

Justice Dixit Krishna Shripad has been sworn in as a Judge of the Orissa High Court on Monday (May 12). Orissa High Court Chief Justice Harish Tandon administered the oath of office to Justice Shripad, a former Judge of Karnataka High Court, who was recommended by the Supreme Court Collegium to be transferred last month to the Orissa High Court. The Centre notified his transfer on May 1....

Superior Authorities Should Ordinarily Refrain From Passing Derogatory Remarks Against Judicial Officers: Orissa High Court

The Orissa High Court has recently called upon superior judicial authorities to desist from passing strictures, derogatory remarks or scathing criticism against judicial officers without affording an opportunity of hearing to them.The Division Bench of Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra, while quashing an adverse entry from the Confidential Character Roll (CCR) of a...

Dissenting Judge Must Express Dissent In Open Court If Main Order Is Dictated In Court: Orissa High Court

The Orissa High Court has crystalised that when order is dictated in the open Court by a Bench consisting of two or more Judges, the Judge(s) who intends to differ from the opinion of the Bench or put up a dissenting judgment must dictate his dissenting order or at least, indicate his intention about recording the dissent in the open Court.The Division Bench of Justice Sangam Kumar Sahoo...

Orissa HC Sets Aside Disciplinary Action Against Ex-Registrar General Who Registered Suo Moto Case Without Chief Justice's Approval

In a major relief to a former Registrar General, the Orissa High Court on Friday exonerated him from all disciplinary actions taken against him by the administrative side of the Court for allegedly registering a suo moto writ petition, purportedly being directed by a Division Bench of the Court, without the approval of the then Chief Justice.While setting aside all the charges levelled...