Judiciary Aspirant's Answer To A Question Not Evaluated: Orissa HC Cautions Public Service Commission, Orders ₹1 Lakh Compensation

The Orissa High Court on Monday orally criticised the Odisha Public Service Commission (OPSC) for "haphazard scrutiny" which resulted in non-evaluation of a long question carrying 12.5 marks of a candidate of Odisha Judicial Service Examination-2022.Acknowledging the serious flaw in marking process highlighted by the petitioner, the Division Bench of Justice Sangam Kumar Sahoo and...

Orissa High Court Comes To Rescue Of Tribal Family Ostracised For 18 Years Over Suspected Sorcery, Allows Them To Perform Death Rituals

The Orissa High Court has recently come to the rescue of a family, hailing from a tribal hamlet in the Bangiriposi region of Mayurbhanj district, statedly ostracized by the co-villagers for decades and even prevented from observing death rituals of a family member.Sundar Mohan Majhi, a tribal man sought interference of the Court by filing a writ petition seeking action against the accused...

'Tender Years Doctrine': Orissa HC Restores Custody Of Infant Girl With Mother Accused Of Abandoning Her And Kidnapping Male Child

The Orissa High Court has restored the custody of an infant girl with her biological mother, who was accused of abandoning her while stealing a male child from a hospital. The Court applied the 'doctrine of tender years' to grant relief to the mother who is facing trial for commission of offence of kidnapping.The Single Bench of Justice Sibo Sankar Mishra highlighted the...

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court

The Orissa High Court bench of Justice S.K. Panigrahi has held that a plain reading of Sections 6 and 10(3) of the Commercial Courts Act, 2015, leads to the conclusion that the appropriate 'court' to consider a commercial dispute, even if it arises under the Arbitration and Conciliation Act, would be the commercial court and an appeal would, therefore, lie only before the...

Employee Has No Vested Right To Choose Place Of Posting & Designation: Orissa High Court

The Orissa High Court has recently reiterated that an employee has no vested right to choose his place of posting or designation and it is only the prerogative of the employer to decide the same keeping the public interest and larger exigency in view.While setting aside challenge of the petitioner to the decision of the Administrative Tribunal, the Division Bench of Justice Sangam Kumar Sahoo...

Access Of Differently-Abled Devotees To Puri Jagannath Temple: Orissa High Court Seeks Response From Temple Administration

The Orissa High Court has sought response from the administration of Lord Jagannath Temple, Puri regarding steps taken for providing access to differently-abled devotees, especially wheel-chair bound persons, to have darshan of the deity.The petitioner Advocate Mrinalini Padhi filed the writ petition seeking implementation of the assurance given by the temple authority before the Supreme...

Violation Of Provisions Of Arbitration Act Or MSMED Act Can Be Adjudicated By Court U/S 34 Of Arbitration Act: Orissa High Court

An Orissa High Court bench of Justice K.R. Mohapatra has dismissed a writ petition upon holding that the petitioner, without availing the efficacious statutory remedy u/s 34 of the Arbitration Act had approached the Court under Articles 226 and 227 of the Constitution for which the Court was not inclined to exercise its discretionary power to entertain it.Additionally, the court held...

Plea In Orissa High Court To Declare Netaji Subhash Chandra Bose As 'National Son' & To Declassify Secret Files On Him

A writ petition has been filed in the Orissa High Court with a prayer to declare Netaji Subhash Chandra Bose as the 'National Son' and to declassify as well as to make public secret files, including Intelligence Bureau (IB) documents, regarding him.The petition filed by one Pinakpani Mohanty also seeks to declare the birthday of Netaji (January 23) as a 'National Day' and his birthplace museum...

No Bar For Interim Release Of Vehicle Seized Under NDPS Act Pending Investigation/Trial: Orissa High Court

The Orissa High Court has held that there is no bar either under the Code of Criminal Procedure ('CrPC') or the Narcotic Drugs and Psychotropic Substances Act ('NDPS Act') for interim release of vehicles seized for commission of offences under the latter Act and thus, those can be released during the pendency of investigation/trial by putting appropriate conditions.While clarifying the...

Visit Jail, Compile Report On Hygiene & Suggest Positive Measures: Orissa HC Asks Students Accused Of Attempting To Murder Friend

In an interesting order, the Orissa High Court has recently asked certain undergraduate students, accused of attempting to murder a classmate, to visit Chaudwar Circle Jail, Cuttack, inspect hygiene conditions maintained inside such premises and prepare a report suggesting positive measures.While handing out such a unique condition for quashing pending criminal proceedings, the Single Bench...

'Disputed Question Of Fact': Orissa HC Denies Plea By NEET-UG Candidate Who Missed Govt College Seat Due To 'Technical Glitch'

The Orissa High Court has recently denied relief to a National Eligibility-cum-Entrance Test (NEET) under-graduate program 2022 candidate who lost chance to get admission into a government medical college due to a 'technical glitch' allegedly on the part of the Medical Counselling Committee.A Division Bench of Chief Justice Chakradhari Sharan Singh–who demitted office last week–and...

S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court

The Orissa High Court has recently clarified that there is no strict statutory embargo barring dispensation of personal attendance of accused under Section 205 of the CrPC in cases involving offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.While setting aside a trial Court order disallowing application of the appellants seeking dispensation of...