'Life Without Liberty Is Like Bird With Crippled Wings': Orissa HC Releases Undertrial In Financial Frauds Case Citing Prolonged Detention

The Orissa High Court ordered release of a person accused of committing multiple financial frauds involving lakhs of rupees after finding that as an undertrial, he has completed more than half of the period of sentence prescribed for the most grievous offence for which he has been charged for. Giving weightage to liberty of the petitioner over onerous bail conditions previously...

S.175(4) BNSS | Magistrate Can Order Probe Against Public Servant Only After Hearing Him & Receiving Report From Superior Officer: Orissa HC

The Orissa High Court has held that a Magistrate can order investigation against a public servant only after complying with the requirements provided under Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), i.e. upon receiving report containing facts and circumstances of the incident from the officer superior to him and after considering the assertions made by the public...

Senior Citizen Not Entitled To Receive Maintenance From Children Unless Shows Inability To Maintain Himself: Orissa High Court

The Orissa High Court has held that simply being a 'senior citizen' does not automatically entitle a person to receive maintenance from children unless shown that he/she is unable to maintain himself/herself from own earnings or out of owned property. While clarifying the position of law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('the 2007 Act'),...

Can't Presume Incapability Of Leprosy Patient To Execute Sale Deed Unless Absence Of Fingers & Palm Proved: Orissa High Court

The Orissa High Court has held that incapacity of a leprosy patient to execute sale deed cannot ipso facto be presumed unless it is further proved to the satisfaction of the Court that he had no fingers and palm, rendering him physically incapable. While rejecting the challenge to two sale deeds executed in the year 1947 and 1964, the Single Bench of Justice Sashikanta Mishra...

Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court

The Orissa High Court has recently held that law does not favour a well-educated woman to sit idle without trying to pursue any work merely to incumber the liability of paying maintenance upon the husband for her sustenance. While lessening the maintenance amount awarded by the Family Court, the Single Bench of Justice Gourishankar Satapathy observed – “Law never appreciates...

Affidavit Disclosing Assets Mandatory In Maintenance Proceedings: Orissa HC Laments Non-Compliance Of SC Guidelines By Family Court

The Orissa High Court has expressed displeasure over the recalcitrance of a Family Court in following guidelines issued by the Supreme Court which mandated a person to file an affidavit disclosing his/her assets while making a maintenance application and the respondent to submit his reply along with a similar asset affidavit, only after which a maintenance case can be...

Two Persons With Same Name Claim 'Padma Shri', Orissa High Court Orders Their Personal Appearance For Verification Of Portfolios

In a peculiar development, the Orissa High Court on Tuesday was riddled with a controversy revolving around two persons with the same name claiming their respective entitlement to the fourth-highest civilian honour of the country, i.e. Padma Shri.A writ petition was filed by one Antaryami Mishra, a doctor by profession and an Odia litterateur. He informed the Court about his impressive...

Orissa High Court Stays Non-Bailable Warrant Against Malkangiri's Ex-Collector Manish Agarwal In Suspicious Death Case Of His PA

The Orissa High Court on Friday stayed a non-bailable warrant (NBW) issued by the Sub-Divisional Judicial Magistrate (SDJM), Malkangiri against the district's former Collector Manish Agarwal for his repeated disobedience to summons in a case relating to suspicious death of his Personal Assistant (PA) in 2019.Case BackgroundDeba Narayan Panda (deceased) was working as the PA to Manish...

Orissa High Court Refuses To Stay Release Of Odia Movie 'Sanatani' For Allegedly Being Derogatory To Christian Religion

The Orissa High Court has declined to stay the release of Odia movie 'Sanatani' amidst allegations of it being derogatory to Christian religion and having potential to cause unrest and disruption of the law-and-order situation.Two writ petitions filed by the petitioners Idma Kurami and Amodh Kumar Bardhan were jointly taken up for hearing on Wednesday by the Division Bench of Acting Chief...

S. 175(3) BNSS | Mandatory For Magistrate To Hear Police Officer On Refusal To Register FIR Before Passing Order For Investigation: Orissa HC

The Orissa High Court has held that before passing order for investigation, it is mandatory for the Magistrate to hear the submissions of the police officer upon his refusal to register First Information Report (FIR), apart from considering the application supported by an affidavit made by the complainant to the Superintendent of Police and making proper inquiry.Clarifying the position of...

Order 32 CPC | 'Next Friend' Of Minor Need Not Necessarily Be A Guardian U/S 4(b) Of Hindu Minority & Guardianship Act: Orissa High Court

The Orissa High Court has held that the 'next friend', as provided under Order XXXII of the Code of Civil Procedure (CPC), need not necessarily be a 'duly appointed guardian' as defined under Section 4(b) of the Hindu Minority and Guardianship Act, 1956 (the 1956 Act).Elucidating the position of law as to eligibility for appointment as 'next friend', the Single Bench of Justice Sanjay...

'Bhagavad Gita Says Realisation Of Guilt Leads To Redemption': Orissa HC Quashes Case Against 'Name-Sake' Who Returned Mistakenly Received Compensation

The Orissa High Court has quashed a criminal case against a 'name-sake person', for receiving a compensation amount against the acquisition of land in good faith, whose name, parentage and address resembled another person who was in fact entitled to the amount.As the petitioner returned the received money after knowing about the mistake, the Bench of Justice Sibo Sankar Mishra deemed it proper...