Court Lacking Jurisdiction Should Submit Case To Jurisdictional Court Instead Of Dismissing On Technicality: Orissa High Court

The Orissa High Court has held that if a matter comes before a Court for adjudication which does not have jurisdiction to hear and dispose the same, it must submit the case to the jurisdictional Court for appropriate action, instead of dismissing it on technical ground of lack of jurisdiction.While remitting a case, filed under Section 503 of the Bharatiya Nagarik Suraksha Sanhita ('BNSS'),...

Orissa HC Orders Arrest Of Vessels 'Ocean Jade' & 'Ocean Morganite' At Paradeep Port After Owner's Failure To Execute Settlement Agreement

The Orissa High Court on Wednesday ordered arrest of vessels 'Ocean Jade' (IMO:9660750) and 'Ocean Morganite' (IMO:9676498) for failure on the part of its owner to execute the Memorandum of Agreements ('MoAs') by which it had agreed to sell the vessels to the plaintiff as part of a 'distressed deal'.Directing issuance of the letter of marshal, the Admiralty Judge Justice Murahari Sri Raman...

'Allegations Embedded With Hatred, Complete Breakdown Of Marriage For One Decade': Orissa High Court Grants Divorce To Couple

The Orissa High Court has recently granted divorce to a couple on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955, further observing that the couple have indulged in levelling bitter allegations against each other portraying hatred and a complete breakdown of marriage for more than last one decade.Highlighting severe marital dissensions between the husband...

Section 141 NI Act | Executive Director Can't Be Prosecuted For Cheque Dishonour If Company Isn't Made An Accused: Orissa HC Reaffirms

The Orissa High Court has reiterated that the Executive Director of a company is not vicariously liable and cannot be prosecuted under Section 138 of the Negotiable Instruments Act ('NI Act') for dishonour of cheque, issued by him in his official capacity on behalf of the company, if the company itself is not arraigned as an accused.Highlighting the non-compliance of the statutory mandate...

Orissa HC Grants Bail To Couple Accused Of Impersonating PM Modi's Principal Secretary's Relatives To Exert Undue Influence

The Orissa High Court on Monday granted bail to a couple accused of impersonating the daughter and son-in-law of Pramod Kumar Mishra, Principal Secretary to Narendra Modi, Prime Minister of India, for creating undue influence and exerting pressure on senior officials for different fraudulent purposes.While granting the conditional bail to the duo, the Single Bench of Justice Radha...

Ambitious Parents Illegally Securing Admission Of Wards To Good Colleges Foster Dishonesty, Deprive Deserving Candidates: Orissa High Court

The Orissa High Court has observed that ambitious parents who illegally secure their child's admission to colleges commit a crime and deprive deserving candidates of opportunities.While quashing a case under Section 138 of the NI Act and observing that it cannot be used in cases involving illegal transactions, Justice Sibo Sankar Mishra was taken aback by the fact that the complainant...

S. 138 NI Act | Cheque Bounce Case Not Maintainable If Complainant Is Party To Illegal Transaction: Orissa High Court

In an important decision, the Orissa High Court has held that a complainant cannot maintain a case for cheque bounce against the accused under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act') if she herself is a party to illegal transaction, or in other words, if initially credit was given by the complainant for achieving an illegal purpose.While quashing the charge under...

S.245 CrPC | Mandatory For Magistrate To Record Reasons While Allowing/Rejecting Discharge Petition Of Accused: Orissa High Court

The Orissa High Court has held that it is mandatory for the Magistrate to record reasons for not only allowing but also for rejecting a discharge petition filed by an accused under Section 245 of the Code of Criminal Procedure ('CrPC'). Clarifying the requirement under the provision of law, the Single Bench of Justice Sashikanta Mishra observed –“The language used in Section 245,...

S.239 CrPC | Accused Can Be Discharged When Prosecution Materials Even If Unrebutted Don't Indicate Culpability: Orissa High Court

The Orissa High Court has reiterated that an accused should be discharged when the materials produced at the time of consideration for framing of charge are of such a nature that if remain unrebutted, those would not indicate culpability of the accused whatsoever.While ingeminating the principles of law governing discharge of accused under Section 239 of the Code of Criminal Procedure...

Orissa HC Issues Guidelines For Disposal Of Mutation Cases Based On Wills Executed Under Ex-Princely States, Says Probate Not Required

The Orissa High Court has reiterated that probate of Wills executed in ex-princely states/Gadajat states is not necessary and thus, the revenue authorities can proceed for mutation on the basis of un-probated Wills in such areas.A Single Bench of Justice Ananda Chandra Behera referred to a number of precedents on the above position of law and clarified that –“If the Wills are executed in...

Leave Encashment Benefit Can't Be Withheld Only Due To Pendency Of Judicial Or Disciplinary Proceedings: Orissa High Court

The Orissa High Court has reiterated that the leave encashment benefit of a retired government employee cannot be withheld only on the ground that a judicial or disciplinary proceeding was pending against him at the time of his superannuation.While setting aside the order, by which the said post-retirement financial benefit of the petitioner was kept at bay, the Single Bench of Justice...

Adolescent Inter-Faith Relationship: Orissa HC Quashes POCSO Case Against Muslim Man After He Marries Victim, Says Romantic Relationship Not Coercion

The Orissa High Court has recently quashed charges, inter alia, under the stringent Protection of Children from Sexual Offences Act ('POCSO Act') against a Muslim man, accused of kidnapping a minor Hindu girl and having repeated sexual intercourse with her, as he later married the victim girl and started a happy matrimonial life.Taking into account the interest of the parties vis-à-vis...