Orissa High Court Upholds Compulsory Retirement Order Passed Against A Judicial Officer For Being Inefficient
3 years, 2 months ago

Orissa High Court Upholds Compulsory Retirement Order Passed Against A Judicial Officer For Being Inefficient

Live Law  

The Orissa High Court last week dismissed a writ plea filed by a Judicial Officer challenging the order of compulsory retirement passed agaisnt him in the year 2012 on account of not possessing the standard efficiency required to discharge the duty of a Judge.While referring to the ruling of the Supreme Court in the case of Rajasthan State Road Transport Corporation v. Babulal Jangir. The Orissa High Court last week dismissed a writ plea filed by a Judicial Officer challenging the order of compulsory retirement passed agaisnt him in the year 2012 on account of not possessing the standard efficiency required to discharge the duty of a Judge. Now, the petitioner was given compulsory retirement in the year 2012 after an opinion was formed by the full bench of the High Court of Orissa that the Petitioner does not possess the standard efficiency required to discharge the duty of the post held by him. Against this backdrop, the Court observed thus: "The overall assessment of all the materials including the ratings of performance in the CCRs, the nature of allegations, charges in the pending disciplinary proceeding against him, the report of the review committee, his performance on judicial as well as administrative side, his reputation as such during entire service period are among the several factors considered by the authority before recommending his compulsory retirement.

Retirement Court Order Judicial High Petitioner Orissa High Court Compulsory Retirement Compulsory  orissa  passed  court  high  performance  petitioner  officer  order  standard  judicial  service  upholds  retirement  inefficient  compulsory

History of this topic

Limitation Act Doesn't Apply To Writ Petitions But Party Guilty Of Delay & Laches Can't Be Given Relief: Orissa High Court
1 week ago

Limitation Act Doesn't Apply To Writ Petitions But Party Guilty Of Delay & Laches Can't Be Given Relief: Orissa High Court

Live Law  

The Orissa High Court has reiterated that the provisions of the Limitation Act, 1963 are not applicable to writ petitions, however, the principles governing the law of limitation holds some ground even in adjudication of petitions under Article 226 and thus, a party who is guilty of laches cannot be granted relief. While exercising discretionary powers under Article 226 of …

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

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

Live Law  

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 …

Bombay High Court Weekly Round-Up: March 10 – March 16, 2025
1 week, 3 days ago

Bombay High Court Weekly Round-Up: March 10 – March 16, 2025

Live Law  

Citations: 2025 LiveLaw 89 to 2025 LiveLaw 96 Nominal Index: Ramesh Potdar vs Union of India, 2025 LiveLaw 89 Rahim Khan Sandu Khan vs State of Maharashtra, 2025 LiveLaw 90 Kailash Mehar Singh Kher vs State of Maharashtra, 2025 LiveLaw 91 Ramadas KS vs. TISS & Ors., 2025 LiveLaw 92 Pushpa W/O Virendra Ganediwala vs. High Court Of Judicature Of …

S.245 CrPC | Mandatory For Magistrate To Record Reasons While Allowing/Rejecting Discharge Petition Of Accused: Orissa High Court
Trending News
1 week, 4 days ago

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

Live Law  

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. As allowed, the petitioner filed discharge petition again before the trial Court raising all the grounds taken by him before …

Leave Encashment Benefit Can't Be Withheld Only Due To Pendency Of Judicial Or Disciplinary Proceedings: Orissa High Court
1 week, 5 days ago

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

Live Law  

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 …

Judge Who Resigned Also Entitled To Pension Benefits As Judge Who Retired : Bombay High Court
2 weeks ago

Judge Who Resigned Also Entitled To Pension Benefits As Judge Who Retired : Bombay High Court

Live Law  

The Bombay High Court has observed that the 'resignation' of a High Court Judge constitutes 'retirement' under the High Court Judges Act 1954 and thus a judge who resigned from services would also be entitled to the same pensionary benefits as a judge who retired by superannuation. Ganediwala contended that the expression 'retirement' under Sections 14 and 15 of High …

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court
2 weeks, 1 day ago

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court

Live Law  

The Orissa High Court has remarked that an able-bodied husband having government service is statutorily required to maintain his wife and children notwithstanding any marital or other dissention between them. While deciding the challenge to a maintenance order, the Single Bench of Justice Gourishankar Satapathy observed – “…fact remains that once a relationship of marriage is found to be admitted …

Well-Qualified Husband Quitting Job To Avoid Paying Maintenance To Wife Can't Be Appreciated In Civilized Society: Orissa HC
2 weeks, 1 day ago

Well-Qualified Husband Quitting Job To Avoid Paying Maintenance To Wife Can't Be Appreciated In Civilized Society: Orissa HC

Live Law  

The Orissa High Court has remarked that a well-qualified husband, who quits his job to sit idle and remains unemployed in order to deprive his wife of maintenance, cannot be appreciated in a civilised society. While deciding a maintenance dispute, the Single Bench of Justice Gourishankar Satapathy further observed – “Remaining unemployed is one thing and sitting idle having qualification …

Orissa HC Recommends Imposing Restrictions On Voluntary Retirement Of Govt Doctors, Issues Directions For Better Working Conditions
3 weeks, 5 days ago

Orissa HC Recommends Imposing Restrictions On Voluntary Retirement Of Govt Doctors, Issues Directions For Better Working Conditions

Live Law  

The Orissa High Court has suggested the Department of Health and Family Welfare, Government of Odisha to bring in necessary amendments to the Odisha Civil Services Rules, 1992 so as to put a bar on large-scale exit of government doctors through the voluntary retirement scheme. Expressing deep concern over huge exodus of government physicians, the Single Bench of Dr. Justice …

Orissa High Court Denies Claim For Regularization Of Previous Service Due To Extended Delay In Filing
1 month ago

Orissa High Court Denies Claim For Regularization Of Previous Service Due To Extended Delay In Filing

Live Law  

The Orissa High Court bench comprising of Justice Sashikanta Mishra held that claim for regularization of service can be denied due to an extended delay in filing, coupled with the petitioner's subsequent employment in another institution. Background Facts The Petitioner was appointed against an Additional Trained Graduate post on 04.7.1991 in Akhua Odanga High School. It was contended by the …

Senior Citizen Not Entitled To Receive Maintenance From Children Unless Shows Inability To Maintain Himself: Orissa High Court
1 month, 1 week ago

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

Live Law  

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 Single …

Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court
1 month, 2 weeks ago

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

Live Law  

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 …

Orissa High Court Stays Non-Bailable Warrant Against Malkangiri's Ex-Collector Manish Agarwal In Suspicious Death Case Of His PA
1 month, 2 weeks ago

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

Live Law  

The Orissa High Court on Friday stayed a non-bailable warrant issued by the Sub-Divisional Judicial Magistrate, 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 in 2019. In November 2024, a Division Bench of Justice MM Sundresh and Justice Aravind Kumar had declined to …

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
1 month, 3 weeks ago

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

Live Law  

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

Orissa High Court seeks SP’s report on ostracism of tribal family
1 month, 3 weeks ago

Orissa High Court seeks SP’s report on ostracism of tribal family

New Indian Express  

CUTTACK: The Orissa High Court has directed the Mayurbhanj district police to file an action taken report on the alleged social boycott of a tribal family by some of the villagers at Dorakantia village under Bangirposi police station limits. A kangaroo court was conducted in the village and 60-year-old Sundar Mohan Majhi’s family was slapped with a fine of Rs …

Orissa High Court Confers Senior Designation On 13 Advocates
2 months, 1 week ago

Orissa High Court Confers Senior Designation On 13 Advocates

Live Law  

In exercise of the powers conferred under Section 16 of the Advocates Act read with Rule 7 of the High Court of Orissa Rules, 2019, the Orissa High Court on Wednesday designated the following 13 Advocates as Senior Advocates – Sanjay Kumar Acharya Anup Kumar Bose Bansidhar Baug Bibekananda Bhuyan Bhabani Sankar Tripathy Susanta Kumar Dash Kamal Behari Panda Amitav …

No Strict Rule That Money Claim Can't Be Decided Under Writ Jurisdiction; Non-Payment Of Admitted Dues Arbitrary : Supreme Court
2 months, 2 weeks ago

No Strict Rule That Money Claim Can't Be Decided Under Writ Jurisdiction; Non-Payment Of Admitted Dues Arbitrary : Supreme Court

Live Law  

The Supreme Court reiterated that it is not a stringent rule that the High Court cannot decide a money claim under its writ jurisdiction. The Court reasoned that non-payment of admitted dues by the State authorities may be considered an arbitrary action and thus a writ petition may lie against the same. Non-payment of admitted dues, inter alia, may be …

Governor Has Discretion To Not Consult With Public Service Commission Under Sikkim Government Servants' (Discipline & Appeal) Rules, 1985: Sikkim High Court
3 months, 1 week ago

Governor Has Discretion To Not Consult With Public Service Commission Under Sikkim Government Servants' (Discipline & Appeal) Rules, 1985: Sikkim High Court

Live Law  

Sikkim High Court: A single judge bench of Justice Bhaskar Raj Pradhan quashed a government order withdrawing retirement benefits of a dismissed government officer. Rule 10 grants the Governor powers to revise the penalties imposed on a government servant, subject to consultation with the Sikkim Public Service Commission when necessary. The government's counsel, led by Mr. Zangpo Sherpa, Additional Advocate …

Orissa High Court Orders ₹50 Lakhs Compensation & Family Pension To Widow Of On-Duty Constable Who Died Of COVID-19
3 months, 2 weeks ago

Orissa High Court Orders ₹50 Lakhs Compensation & Family Pension To Widow Of On-Duty Constable Who Died Of COVID-19

Live Law  

The Orissa High Court has ordered the State authorities to pay an ex-gratia compensation amount to the tune of rupees fifty lakhs along with special family pension to the widow of a police constable who died of COVID-19 while on-duty. Court's Observations To decide as to whether the petitioner/widow is entitled to receive the compensation amount along with special family …

Orissa High Court Quashes Order After Assessee Fails To Prosecute Appeal Due To Ongoing Medical Treatment
3 months, 3 weeks ago

Orissa High Court Quashes Order After Assessee Fails To Prosecute Appeal Due To Ongoing Medical Treatment

Live Law  

The Orissa High Court, considered that the assessee was unwell and undergoing medical treatment at the time the notices regarding his appeal were served and accordingly quashed the order demanding liability for unpaid tax. In this case, the assessee/petitioner failed to attend scheduled hearings due to ongoing medical treatment. The Court considered that the assessee was unwell and was going …

'Pensionary Benefit To Retired Employees Is A Vested Right Subject To Fulfilment Of Prescribed Conditions', Orissa High Court Dismisses Claim For post-retirement benefits
4 months ago

'Pensionary Benefit To Retired Employees Is A Vested Right Subject To Fulfilment Of Prescribed Conditions', Orissa High Court Dismisses Claim For post-retirement benefits

Live Law  

A Single Judge Bench of Orissa High Court comprising Justice Dr. S.K. Moreover, as per a state policy, only State Chief Information Commissioners were entitled to post-retirement benefits and the Petitioner could not claim such benefits as there was no policy in place for State Information Commissioners. Contending that as per Section 16 of the Right to Information Act, 2019, …

SICs not entitled to pension, says Odisha HC
4 months, 1 week ago

SICs not entitled to pension, says Odisha HC

New Indian Express  

CUTTACK: The Orissa High Court has held that the state information commissioners are not entitled to pension. The court said, “In the absence of any rule that explicitly recognises the entitlement of state information commissioners to receive pension, there can be no legal right for them to claim such benefits.” The ruling came in the case of former information commissioner …

Orissa High Court Refuses To Quash FIR Against Lawyer Accused Of Taking Money To Bribe Judge For Bail
4 months, 2 weeks ago

Orissa High Court Refuses To Quash FIR Against Lawyer Accused Of Taking Money To Bribe Judge For Bail

Live Law  

The Orissa High Court recently declined to dismiss a criminal case against an advocate accused of accepting money, gold, and property deeds from a client in exchange for securing favorable bail outcomes from a now-retired High Court Judge.The single bench comprising Justice Sibo Sankar Mishra underscored the need for strict measures to uphold public confidence in the judicial system and. …

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'
4 months, 3 weeks ago

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'

Live Law  

The Allahabad High Court has upheld the compulsory retirement of an Additional District Judge. The court held that the orders to compulsorily retire the petitioner were based on his consideration of his entire service records, and that the inquiry officer had no jurisdiction to continue the proceedings. The court also held that promotions to a judicial officer do not wash …

Odisha High Court slaps Rs 50,000 fine on firm for suppressing facts
6 months ago

Odisha High Court slaps Rs 50,000 fine on firm for suppressing facts

New Indian Express  

CUTTACK: The Orissa High Court has imposed a Rs 50,000 fine on a security service firm for filing a petition seeking intervention against Pattamundai municipality’s order terminating contract for providing service of sanitation in different wards without mentioning an earlier petition wherein, he had obtained an interim order. The petition filed by Chandan Security Services represented by Paresh Nath Das …

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court
7 months, 1 week ago

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court

Live Law  

The Orissa High Court has held that disciplinary proceedings initiated against a judicial officer cannot be quashed merely because the allegations, on the basis of which the action was taken, was not supported by a duly sworn-in affidavit. The requirement for sworn affidavits and verifiable material ensures that the process is fair and that decisions are not arbitrary.” Factual Background …

Orissa High Court Upholds Conviction & Life Term Of Man For Committing Murder Of Mother & 18-Day-Old Brother
8 months ago

Orissa High Court Upholds Conviction & Life Term Of Man For Committing Murder Of Mother & 18-Day-Old Brother

Live Law  

The Orissa High Court has upheld the conviction and life imprisonment of man who was found guilty for commission of murder of his mother and 18-days-old infant brother. Rejecting the plea of insanity advanced by the appellant, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed – “Key pieces of evidence, including the consistent testimonies of …

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case
8 months, 1 week ago

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case

Live Law  

The Gujarat High Court has overturned the order of compulsory retirement imposed on a former Police Officer, highlighting critical lapses in the disciplinary proceedings against him. The division bench, comprising Justices A. S. Supehia and Mauna M Bhatt, ruled that the initiation of departmental proceedings based on trial court observations regarding an investigation into the Arms Act was misguided. The …

Orissa High Court registers case clearance rate of 113.81% in first five months of 2024
9 months, 3 weeks ago

Orissa High Court registers case clearance rate of 113.81% in first five months of 2024

New Indian Express  

CUTTACK: As many as 1,44,418 cases are pending in the Orissa High Court of which 65,658 cases are over five years old, as per the National Judicial Data Grid on June 5. However, the records available in the Orissa High Court website indicate that 42,987 cases were disposed of during the first five months of this year. With a case …

Reassessment Order Can't Merely Be Based On Tax Evasion Report Or An Audit Report: Orissa High Court
10 months, 3 weeks ago

Reassessment Order Can't Merely Be Based On Tax Evasion Report Or An Audit Report: Orissa High Court

Live Law  

The Orissa High Court has held that reassessment orders cannot merely be based on a tax evasion report or an audit report.The bench of Justice B.R. Sarangi and Justice G. Satapathy has observed that it is not enough if the Assessing Officer refers to the tax evasion report or an audit report; he has to independently apply his mind and …

Orissa High Court Takes Suo Motu Cognizance Of Need For Background Analysis Of Convicts In Death Penalty Cases
10 months, 3 weeks ago

Orissa High Court Takes Suo Motu Cognizance Of Need For Background Analysis Of Convicts In Death Penalty Cases

Live Law  

The Orissa High Court has taken suo motu cognizance of need for background analysis of the convicts, so as to ascertain mitigating circumstances in their favour, before imposing the extreme sentence of death. Emphasizing the importance of providing real and effective hearing on the question of sentence, the Division Bench of Justice Sangam Kumar Sahoo and Justice Radha Krishna Pattanaik …

Service Of A Government Servant Does Not Qualify For Pension Unless Their Appointment, Duties, And Pay Are Regulated By Or Under The Orders Of The Government: Orissa High Court
11 months, 3 weeks ago

Service Of A Government Servant Does Not Qualify For Pension Unless Their Appointment, Duties, And Pay Are Regulated By Or Under The Orders Of The Government: Orissa High Court

Live Law  

A division bench of the Orissa High Court, comprising Mr. Chakradhari Sharan Singh and Mr. M.S. Background Facts The Respondents were directly appointed employees of the Integrated Tribal Development Agencies and Micro Projects, which come under the ST & SC Development Department of the Government of Odisha. The respondents challenged the said communication before the Orissa Administrative Tribunal, but the …

Orissa High Court Grants ₹2 Lakh Interim Compensation For Death Of Man Who Allegedly Fell From Moving Train While In Police Custody
1 year ago

Orissa High Court Grants ₹2 Lakh Interim Compensation For Death Of Man Who Allegedly Fell From Moving Train While In Police Custody

Live Law  

The Orissa High Court has ordered rupees two lakh interim compensation to the mother of a 22 year-old man who allegedly died of falling from moving train while he was under the custody of the police. The petitioner alleged that during the course of train journey, the father of the girl and the police officials caused the death of her …

Denying Compassionate Appointment To Dependant 'Married Daughters' Violative Of Articles 14, 15 & 16(2) Of Constitution: Orissa High Court
1 year ago

Denying Compassionate Appointment To Dependant 'Married Daughters' Violative Of Articles 14, 15 & 16(2) Of Constitution: Orissa High Court

Live Law  

The Orissa High Court has reiterated that married daughters cannot be denied of benefits under the Rehabilitation Assistance Scheme for appointment on compassionate grounds, after death of their fathers while in service. While granting relief to a lady, who was denied compassionate appointment on the ground of her marriage pursuant to the application, the Single Bench of Dr. Justice Sanjeeb …

Excess Payment Made To Govt Employee Without His Fault Can't Be Recovered From His Leave Encashment Benefits After Retirement: Orissa High Court
1 year, 1 month ago

Excess Payment Made To Govt Employee Without His Fault Can't Be Recovered From His Leave Encashment Benefits After Retirement: Orissa High Court

Live Law  

The Orissa High Court has held that excess payment made to a government employee cannot be recovered by the employer from his 'leave encashment benefits' after his retirement, especially when it is apparent that the excess payment was erroneously made by the employer without any fault on the part of the employee. Granting relief to a former Mail Man in …

Orissa High Court issues SOP on enhanced pay scale for judicial officers
1 year, 1 month ago

Orissa High Court issues SOP on enhanced pay scale for judicial officers

New Indian Express  

CUTTACK: The Orissa High Court has issued a standard operating procedure for the state government to pay an enhanced pay scale as per the recommendations of the Second National Judicial Pay Commission for judicial officers in the state by February 29. After the Supreme Court order to the state government to pay enhanced pay scale as per SNJPC recommendations, Acting …

Orissa High Court Weekly Round-Up: January 15 To January 21, 2024
1 year, 2 months ago

Orissa High Court Weekly Round-Up: January 15 To January 21, 2024

Live Law  

Nominal Index: Jaga @ Jagabandhu Mohalik v. State of Orissa, 2024 LiveLaw 4 Sk. v. Principal Commissioner, GST & Central Excise, Bhubaneswar, Odisha, 2024 LiveLaw 9 Judgments/Orders Reported This Week: Mere 'Absconding' Not Conclusive Proof Of Guilt Against Accused In Cases Of Murder: Orissa High Court Case Title: Jaga @ Jagabandhu Mohalik v. State of Orissa Citation: 2024 LiveLaw 4 …

Orissa High Court Weekly Round-Up: January 08 To January 14, 2024
1 year, 2 months ago

Orissa High Court Weekly Round-Up: January 08 To January 14, 2024

Live Law  

Nominal Index Rasa @ Rasananda Bhoi v. State of Odisha & Ors., 2024 LiveLaw 1 HB v. MJ, 2024 LiveLaw 2 Jharu Naik & Anr. v. State of Odisha, 2024 LiveLaw 3 Judgments/Order Reported This Week: Doctors Should Write In Capital Letters Or Legible Handwriting: Orissa High Court Case Title: Rasa @ Rasananda Bhoi v. State of Odisha & Ors. …

Orissa High Court Annual Digest 2023
1 year, 2 months ago

Orissa High Court Annual Digest 2023

Live Law  

Nominal Index: Animesh Chakraborty v. State of Odisha, 2023 LiveLaw 1 Vedanta Limited, Jharsuguda v. Union of India, 2023 LiveLaw 2 Soli @ Sulachana Jena & Anr. While denying relief to the accused, the Single Judge Bench of Justice Sangam Kumar Sahoo said, “It cannot be lost sight of the fact that the prosecution has proved that the appellant was …

Orissa High Court Imposes ₹1 Lakh Cost On 'Frivolous' Plea Seeking To Declare S.69(ii) Of The Representation Of People Act As Unconstitutional
1 year, 3 months ago

Orissa High Court Imposes ₹1 Lakh Cost On 'Frivolous' Plea Seeking To Declare S.69(ii) Of The Representation Of People Act As Unconstitutional

Live Law  

The petition, which was filed by one Bibhutibhusan Mohapatra, urged the Court to declare the aforesaid provision unconstitutional to have fair elections because democracy is the basic structure of the Constitution and free and fair election is the basic feature of democracy, which has been observed by the apex Court in the case of People's Union for Civil Liberties and …

Article 233(2) | 7 Yrs Continuous Practice As Advocate Must Be 'Immediately' Before Recruitment As District Judge From Bar: Orissa HC
1 year, 4 months ago

Article 233(2) | 7 Yrs Continuous Practice As Advocate Must Be 'Immediately' Before Recruitment As District Judge From Bar: Orissa HC

Live Law  

The Orissa High Court has held that a person must have practiced as an Advocate continuously for seven years 'immediately' before submitting application for direct recruitment in the cadre of District Judge from the Bar. The Court referred to Article 233 of the Constitution which provides that “a person not already in the service of Union or the State shall …

Supreme Court Weekly Round-Up (16th-22nd October)
1 year, 4 months ago

Supreme Court Weekly Round-Up (16th-22nd October)

Live Law  

Nominal Index Chain Singh v. State of Chattisgarh 2023 LiveLaw 895 M/S Triveni Glass Limited v Commissioner of Trade Tax UP 2023 LiveLaw 896 Mathews J. Nedumpara & Ors. 2023 LiveLaw 897 Supriyo v. Union of India 2023 LiveLaw 900 M. Hemalatha Devi & Ors V. B. Udayasri 2023 LiveLaw 902 Mohamed Ibrahim v. Managing Director 2023 LiveLaw 903 Priyanka …

Two Arrested From Courtroom Of Orissa High Court’s Acting Chief Justice For ‘Contemptuous’ Behaviour
1 year, 5 months ago

Two Arrested From Courtroom Of Orissa High Court’s Acting Chief Justice For ‘Contemptuous’ Behaviour

Live Law  

In a shockingly unprecedented development, two persons including one litigant got arrested by police from the Courtroom of the Acting Chief Justice of the Orissa High Court for showing unruly and contemptuous behaviour to the Court. Here in a case where all efforts made by the Court as well as the learned Advocate General went in vain as the contemnors …

Orissa High Court Slaps ₹20K Cost On Organisation For Filing PIL Without Approaching Concerned Authority Seeking Remedial Action
1 year, 5 months ago

Orissa High Court Slaps ₹20K Cost On Organisation For Filing PIL Without Approaching Concerned Authority Seeking Remedial Action

Live Law  

The Orissa High Court on Tuesday imposed ₹20,000 costs on an organisation for filing a writ petition in the nature of Public Interest Litigation before approaching the concerned authorities seeking remedial action. While hearing was going on, the Court queried the petitioner as to whether it has complied with Rule 8 of the Orissa High Court Public Interest Litigation Rules, …

Orissa High Court Orders Regular Training Of Notaries, Inspection Of ‘Notary Registers’ By District Judges Twice A Year
1 year, 5 months ago

Orissa High Court Orders Regular Training Of Notaries, Inspection Of ‘Notary Registers’ By District Judges Twice A Year

Live Law  

The Orissa High Court on Tuesday ordered the State Government to organize training programmes for all the Notaries on a regular basis, either through physical or virtual mode to apprise them of their statutory duties and functions, also what they can do and what they must avoid doing. While taking judicial notice of extra-legal practices adopted by Notaries, the Division …

‘Judges Must Inculcate Democratic Processes & Should Not Behave Like A King’: Chief Justice Talapatra Bids Adieu To Orissa High Court
1 year, 5 months ago

‘Judges Must Inculcate Democratic Processes & Should Not Behave Like A King’: Chief Justice Talapatra Bids Adieu To Orissa High Court

Live Law  

The Orissa High Court yesterday bid farewell to its 33rd Chief Justice Subhasis Talapatra upon his superannuation. A Full Court Reference was called by the High Court in respect of the outgoing Chief Justice which was attended by all the Judges of the High Court, Registrars, Advocate General, Deputy Solicitor General, President of the High Court Bar Association and lawyers. …

‘Orissa Association For The Blind’ Not State Under Article 12: High Court
1 year, 5 months ago

‘Orissa Association For The Blind’ Not State Under Article 12: High Court

Live Law  

The Orissa High Court has held that the ‘Orissa Association for the Blind’ does not come under the definition of ‘State’ as provided under Article 12 of the Constitution and thus, it is not amenable to the writ jurisdiction of the Court. While rejecting a writ petition filed by an employee against the organisation, the Single Judge Bench of Justice …

Recent Important Judgments On Service Law - Appointments, Pension, Disciplinary Proceedings
1 year, 6 months ago

Recent Important Judgments On Service Law - Appointments, Pension, Disciplinary Proceedings

Live Law  

Appointment and RTI matters Supreme Court Appointment Can’t Be Denied Citing Suppression of Material Facts When Employer’s Query Was Vague The Court in State of West Bengal v. Mitul Kumar Jana 2023 LiveLaw 714, while adjudicating upon the allegations of suppressing information related to a criminal case during the application process, held that “For determining suppression or false information attestation/verification …

Orissa High Court Quashes Case Against Odisha Minister Ranendra Pratap Swain Accused Of Obstructing Railway Movement In 2016 Protest
1 year, 7 months ago

Orissa High Court Quashes Case Against Odisha Minister Ranendra Pratap Swain Accused Of Obstructing Railway Movement In 2016 Protest

Live Law  

The Orissa High Court on Monday quashed a criminal case pending against Odisha’s Cabinet Minister of Agriculture & Farm Empowerment Ranendra Pratap Swain who was accused of leading a ‘rail roko’ in 2016 to protest against Chhattisgarh Government’s decision to construct a barrage over river Mahanadi. While granting relief to the senior politician from the ruling party Biju Janata Dal, …

S.444 CrPC | Court Should Not Initiate Criminal Proceedings Against Surety If He Seeks To Discharge Himself: Orissa High Court
1 year, 8 months ago

S.444 CrPC | Court Should Not Initiate Criminal Proceedings Against Surety If He Seeks To Discharge Himself: Orissa High Court

Live Law  

The Orissa High Court has recently held that Courts should not initiate criminal proceedings against sureties if they seek to discharge themselves. Nowhere it is provided that when a surety seeks to discharge himself, the Court concerned shall initiate criminal proceedings against him,” the Court observed. The appellant on receipt of the notice filed his show cause and stated his …

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