Filing Fabricated Evidence BeforeCourt For Gaining Unfair Advantage Amounts To Contempt of Court: Orissa High Court
4 years ago

Filing Fabricated Evidence BeforeCourt For Gaining Unfair Advantage Amounts To Contempt of Court: Orissa High Court

Live Law  

The Orissa High Court on Monday while dealing with an interim bail application held that that filing of a forged or fabricated document in the Court with a purpose of getting any relief amounts to criminal contempt within the meaning of Sec. Filing Fabricated and Forged Documents Amounts to Criminal Contempt The Court while interpreting the meaning of criminal contempt under Sec. 2 of Contempt of Courts Act, 1971 held that "If a forged and fabricated document is filed in Court to get some relief, the same may amount to interference with the administration of justice. On the aspect of punishment of criminal contempt, the Court observed that if the act substantially interferes or tends to interfere with the administration of justice, the same is liable to be punished.

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History of this topic

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

Wife Not Reporting About Missing Of Husband & Staying With Paramour Not Criminal Conspiracy U/S 120-B IPC: Orissa High Court
1 month, 3 weeks ago

Wife Not Reporting About Missing Of Husband & Staying With Paramour Not Criminal Conspiracy U/S 120-B IPC: Orissa High Court

Live Law  

The Orissa High Court on Thursday held that a wife not reporting the police about missing status of husband, not trying to trace him out and living passively with another man will not amount to criminal conspiracy. While acquitting the appellant-wife of the charge of criminal conspiracy, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed …

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

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
4 months, 2 weeks ago

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order

Live Law  

The Orissa High Court has denied bail to a person, accused of committing economic offences, for misleading the Court with regard to an order passed by the Supreme Court so as to obtain an adjournment and by playing such fraud, to extend the period of liberty. The top Court stayed the order of the High Court and exempted the petitioner …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
5 months, 1 week ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Orissa High Court Upholds Conviction & Life Term Of Man For Committing Murder Of Mother & 18-Day-Old Brother
5 months, 2 weeks 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 …

S.391 CrPC | Additional Evidence Of Witness Can Be Recorded At Stage Of Death Reference If Needed For Arriving At Just Conclusion: Orissa High Court
7 months, 4 weeks ago

S.391 CrPC | Additional Evidence Of Witness Can Be Recorded At Stage Of Death Reference If Needed For Arriving At Just Conclusion: Orissa High Court

Live Law  

The Orissa High Court has recently allowed a petition filed on behalf of nine persons, convicted and sentenced to death by trial Court for murder of three family members on the suspicion of witchcraft, for recording of additional evidence of a prosecution witness at the stage of hearing of death reference by the High Court. The Court placed reliance on …

Karnataka HC Recalls Order Initiating Criminal Contempt Against Advocate Who Misbehaved In Court After He Tenders Unconditional Apology
10 months, 3 weeks ago

Karnataka HC Recalls Order Initiating Criminal Contempt Against Advocate Who Misbehaved In Court After He Tenders Unconditional Apology

Live Law  

The Karnataka High Court has recalled its order directing the initiation of criminal contempt action against an advocate for misbehaving in court by throwing the case files, addressing the bench in a loud voice, and refusing to argue on merits after he tendered an unconditional apology before the court. A single judge bench of Justice K S Hemalekha allowed the …

Trial Courts Must Be Circumspect Before 'Pestering' On Personal Attendance Of Doctors, Public Servants While Issuing Summons: Orissa High Court
1 year, 1 month ago

Trial Courts Must Be Circumspect Before 'Pestering' On Personal Attendance Of Doctors, Public Servants While Issuing Summons: Orissa High Court

Live Law  

The Orissa High Court has held that trial Courts must be careful and should balance the mandate of law and requirements of the general public while pestering on the personal attendance of a public servant, particularly a doctor, whose presence is very much necessary in the hospital. While dispensing with the personal attendance of lady Gynaecologist before the trial Court, …

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

Two Arrested From Courtroom Of Orissa High Court’s Acting Chief Justice For ‘Contemptuous’ Behaviour
1 year, 2 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 Quashes Case Against Odisha Minister Ranendra Pratap Swain Accused Of Obstructing Railway Movement In 2016 Protest
1 year, 4 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, 5 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 …

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order
1 year, 5 months ago

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order

Live Law  

The Punjab & Haryana High Court has revived contempt proceedings against the then Additional Session Judge of Kapurthala, who despite the stay order of the High Court acquitted the accused in a 2016 murder case. A contempt petition was filed against the judge for disobeying the order of the High Court and in 2019 it directed the Registrar Vigilance to …

Orissa High Court Quashes Murder Charge Against Malkangiri’s Ex-Collector For Suspicious Death Of PA, Substitutes With ‘Abetment To Suicide’ Charge
1 year, 6 months ago

Orissa High Court Quashes Murder Charge Against Malkangiri’s Ex-Collector For Suspicious Death Of PA, Substitutes With ‘Abetment To Suicide’ Charge

Live Law  

The Orissa High Court has quashed the murder charge levelled against IAS officer Manish Agarwal, a former Collector of the district of Malkangiri, for mysterious death of his Personal Assistant in 2019. However, the Single Judge Bench of Justice Sashikanta Mishra sustained the charge of abetment to suicide and criminal conspiracy against the ex-District Magistrate and other accused persons and …

Orissa High Court Modifies Additional Condition Imposed By Lower Court While Granting Bail To MLA Prasanta Jagadev In Road Rage Case
1 year, 6 months ago

Orissa High Court Modifies Additional Condition Imposed By Lower Court While Granting Bail To MLA Prasanta Jagadev In Road Rage Case

Live Law  

The Orissa High Court has modified an additional condition imposed by the Court of a Judicial Magistrate First Class after the Supreme Court granted bail to Chillika MLA Prasanta Kumar Jagadev in a road rage case, where he is accused of ramming over his four-wheeler over a crowd during panchayat elections. In May 2022, a Single Judge Bench of the …

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court
1 year, 7 months ago

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

Live Law  

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of …

Orissa High Court Criticizes Special NDPS Court For Denying Bail Despite Production Of Accused After More Than 24 Hrs
1 year, 7 months ago

Orissa High Court Criticizes Special NDPS Court For Denying Bail Despite Production Of Accused After More Than 24 Hrs

Live Law  

The Orissa High Court has criticised police for showing lackadaisical attitude in not producing before the Court some persons arrested under the stringent provisions of the NDPS Act, within the statutory period of 24 hours. Therefore, it held that the petitioners must be deemed to have been arrested around 5 PM on October 27, 2022 and thus, they ought to …

Orissa High Court Issues Standing Order Instructing Advocates Not To Seek Bail Or Stay Of Arrest/ Coercive Action U/S 482 CrPC
1 year, 8 months ago

Orissa High Court Issues Standing Order Instructing Advocates Not To Seek Bail Or Stay Of Arrest/ Coercive Action U/S 482 CrPC

Live Law  

The Orissa High Court on Wednesday issued a Standing Order barring the advocates from seeking bail/interim bail/stay of arrest or coercive action under Section 482 of the Code of Criminal Procedure. In every petition filed under Section 482 Cr.P.C. If a petition earlier filed under Section 482 Cr.P.C. was disposed by any Bench, the subsequent petition under Section 482 Cr.P.C.

Orissa High Court Sets Aside Order Pronounced ‘15 Months’ After Hearing Concluded; Says Authority May Forget Parties' Submissions After So Long
1 year, 10 months ago

Orissa High Court Sets Aside Order Pronounced ‘15 Months’ After Hearing Concluded; Says Authority May Forget Parties' Submissions After So Long

Live Law  

The Orissa High Court has recently set aside an order by a Revenue Divisional Commissioner which was pronounced 15 months after hearing of the case concluded. While deprecating unreasonable delay in pronouncing verdict, a Single Bench of Justice Biswanath Rath said, “…if such mode is accepted, then disposal of such matters providing opportunity of hearing may not be a requirement …

Trial-Related Anxiety Does Not Justify Act Of Casting Aspersion On Judge: Delhi High Court Imposes ₹5K Cost On Contemnor
1 year, 10 months ago

Trial-Related Anxiety Does Not Justify Act Of Casting Aspersion On Judge: Delhi High Court Imposes ₹5K Cost On Contemnor

Live Law  

Closing the contempt proceedings against a person, the Delhi High Court observed that the anxiety, which the man went through during the trial of the case filed by his former wife, does not justify the actions of casting aspersion on a judicial officer.Justice Manmeet Pritam Singh Arora accepted the unconditional apology tendered by him, with a warning to exercise restraint …

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case
1 year, 11 months ago

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case

Live Law  

The Orissa High Court has recently declined to interfere in an appeal against acquittal of some persons, which was recorded by a Magistrate Court in 1994, for allegedly cutting and removing away paddy from the complainant’s field. While dismissing the appeal, the Single Judge Bench of Justice Gourishankar Satapathy said: “One of the important facts, which weighed in the mind …

Second Writ Petition Seeking To Enforce Order Made In An Earlier Writ Petition Is Maintainable: Orissa High Court Reiterates
1 year, 11 months ago

Second Writ Petition Seeking To Enforce Order Made In An Earlier Writ Petition Is Maintainable: Orissa High Court Reiterates

Live Law  

The Orissa High Court has reiterated that a second writ petition, which is filed seeking enforcement of order made in an earlier writ petition, is maintainable. While clarifying the position, the Single Judge Bench of Justice Arindam Sinha relied upon the decision of the Calcutta High Court in Indrapuri Studio v. State of West Bengal, 2003 Calcutta High Court Notes …

Orissa High Court Annual Digest 2022 [Citations 1-165]
2 years ago

Orissa High Court Annual Digest 2022 [Citations 1-165]

Live Law  

Index of Citations The Orissa High Court has reiterated that even after an ex parte decree is set aside under Order IX Rule 13 of the CPC, defendant neither can be relegated to the original position nor can be allowed to file written statement. NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To …

Writ Of Certiorari Can't Be Issued To Examine Adequacy Of Evidence Adduced Before Lower Court/Tribunal: Orissa High Court Reiterates
2 years, 1 month ago

Writ Of Certiorari Can't Be Issued To Examine Adequacy Of Evidence Adduced Before Lower Court/Tribunal: Orissa High Court Reiterates

Live Law  

The Orissa High Court has clarified that a proceeding cannot be drawn for issuance of the writ of certiorari merely to challenge a finding of fact recorded by a Lower Court/Tribunal, on the ground that the material evidence adduced before the forum was 'insufficient' to sustain the finding. While placing reliance on the ruling of the Supreme Court in Syed …

IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps
2 years, 1 month ago

IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps

Live Law  

The Punjab and Haryana High Court recently set aside a Trial Court order closing prosecution evidence after the Investigating Officer in the case failed to appear as witness despite multiple attempts. Justice Jasjit Singh Bedi observed that the trial court is not powerless in such cases and that it ought to have taken coercive steps against the official witness. "In …

Orissa High Court Issues Contempt Notice To Tangi Bar Association President For Threatening Woman Judicial Officer
2 years, 2 months ago

Orissa High Court Issues Contempt Notice To Tangi Bar Association President For Threatening Woman Judicial Officer

Live Law  

The Orissa High Court on Tuesday issued a contempt notice to Nakul Kumar Nayak, president of Lawyers Bar Association in Tangi town, for threatening and using "filthy language" against a judicial magistrate after the judge rejected his client's bail application.A division bench of Justices S. Talapatra and Sanjeeb Kumar Panigrahi took a strong note of the allegations and said they …

Orissa High Court Weekly Round Up: 19 September To 25 September, 2022
2 years, 3 months ago

Orissa High Court Weekly Round Up: 19 September To 25 September, 2022

Live Law  

Nominal Index: Tukuna @ Tankadhar Swain v. State of Odisha, 2022 LiveLaw 140 Mama @ Bidyut Prava Khuntia v. State of Orissa, 2022 LiveLaw 141 Gagan Bihari Patra & Ors. KMC Construction Ltd. and Anr., 2022 LiveLaw 143 Cases Reported in the Week: Orissa High Court Upholds Life Sentence Of Man Convicted For Murder Of '8 Yrs Old Child' Basing …

Orissa High Court Upholds Denial Of Default Bail To Man Accused Of Uploading 'Obscene Photos' Of Women On Facebook Accounts
2 years, 7 months ago

Orissa High Court Upholds Denial Of Default Bail To Man Accused Of Uploading 'Obscene Photos' Of Women On Facebook Accounts

Live Law  

A Single Judge Bench of the Orissa High Court, comprising of Justice Sanjeeb Kumar Panigrahi, has recently upheld the order of a Special Court denying default bail under Section 167, Cr.P.C. It also denied regular bail to the accused by observing, The appellant had earlier approached the High Court seeking release on bail. Court's Observations: The Court noted that it …

Orissa High Court Denies Bail To Accused Under PMLA Citing Flight Risk; Orders Conclusion Of Trial Within Six Months
2 years, 7 months ago

Orissa High Court Denies Bail To Accused Under PMLA Citing Flight Risk; Orders Conclusion Of Trial Within Six Months

Live Law  

On Tuesday, the Orissa High Court denied bail to an accused under the Prevention of Money Laundering Act citing 'flight risk'. While dismissing the bail application, a Single Judge of Justice Sanjeeb Kumar Panigrahi observed, "Since the petitioner is a resident of Delhi and there is likelihood of flight risk and misuse of the liberty of bail and the trial …

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court
2 years, 7 months ago

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court

Live Law  

In a landmark decision, the Orissa High Court has held that honourable exoneration in departmental proceedings would warrant quashment of criminal prosecution which emanated from the same set of facts. While quashing criminal charges against the petitioner, a Single Judge Bench of Chief Justice Dr. S. Muralidhar held, "…in the facts and circumstances of the present case where on the …

Orissa High Court Upholds Life Term Of Man Accused Of Killing Cousin-Brother After State Govt Remitted His Sentence
2 years, 7 months ago

Orissa High Court Upholds Life Term Of Man Accused Of Killing Cousin-Brother After State Govt Remitted His Sentence

Live Law  

The Orissa High Court has confirmed the conviction and the ensuing life term imposed on a man for committing murder of his cousin-brother. While dismissing the appeal filed by the accused against his conviction, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik found no reason to interfere with the reasoned order of the Trial …

NDPS Act | Orissa High Court Grants Bail To Accused Who Was Not Heard Before Giving Extension To Submit Chargesheet
2 years, 8 months ago

NDPS Act | Orissa High Court Grants Bail To Accused Who Was Not Heard Before Giving Extension To Submit Chargesheet

Live Law  

The Orissa High Court has set aside the orders passed by a Sessions-cum-Special Court which granted extension to submit chargesheet without providing hearing to accused and not even releasing him when he was entitled for default bail. The petitioner has filed this petition and has prayed to releasing him on default bail in terms of Section 36-A of the NDPS …

NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To Accused: Orissa High Court
2 years, 10 months ago

NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To Accused: Orissa High Court

Live Law  

The Orissa High Court has reiterated that it is mandatory to issue notice and provide fair hearing to accused before extending time beyond statutory period to file chargesheet in cases relating to offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. While rejecting arguments of the State, a Single Judge Bench of Justice Sashikanta Mishra observed, "…it is evident …

"Required To Ascertain As To Who Prepared Forged Bail Order": Delhi High Court Denies Anticipatory Bail To Woman
3 years, 5 months ago

"Required To Ascertain As To Who Prepared Forged Bail Order": Delhi High Court Denies Anticipatory Bail To Woman

Live Law  

The Delhi High Court last week denied anticipatory bail to a woman, who is involved with a matter wherein her estranged husband had placed reliance on a forged court order in bail proceedings against him before the Delhi High Court.The Bench of Justice Mukta Gupta denied the pre-arrest bail application of one Leenu Singh who submitted before the Court that …

Orissa High Court Issues Notice On A Decade Old Plea Seeking Compensation For Incarceration In Allegedly False Sedition Case
3 years, 5 months ago

Orissa High Court Issues Notice On A Decade Old Plea Seeking Compensation For Incarceration In Allegedly False Sedition Case

Live Law  

The Orissa High Court has ordered fresh issuance of notices to the Respondents in a decade-old matter for compensation to a lawyer-activist, allegedly incarcerated on the false charge of sedition.A division of Bench of Chief Justice Muralidhar and Justice BP Routray rejuvenated the matter by ordering fresh notices, upon observing that the case was only listed twice in the last …

"Extremely Unfortunate", Orissa High Court Imposes 5K Fine On An Absent Lawyer For 'Unnecessary Adjournment'
3 years, 6 months ago

"Extremely Unfortunate", Orissa High Court Imposes 5K Fine On An Absent Lawyer For 'Unnecessary Adjournment'

Live Law  

The Orissa High Court on Tuesday imposed Rs. The Bench further remarked: "What is worse still is that learned counsel appearing on behalf of the Petitioners, who has stated that he has filed the Vakalatnama, does not even have copies of the orders passed by this Court in the matter including the order dated 20th April 2021, which is fairly …

Orissa HC Mandates Subordinate Judges To Ensure Presence Of Informant/Victim At Bail Hearings In POCSO Cases [Read Order]
4 years, 5 months ago

Orissa HC Mandates Subordinate Judges To Ensure Presence Of Informant/Victim At Bail Hearings In POCSO Cases [Read Order]

Live Law  

The Orissa High Court last week directed its Registrar to issue a 'practice direction' or 'notification' to all subordinate courts requiring them to ensure the presence of the informant/victim/complainant during the hearing of bail petitions of persons accused in cases of rape and gang-rape of girls younger than 12 years of age and gang-rape of women less than 16. The …

Lawyers Strike : SC Seeks Report From Orissa HC On Measures To Access CJ Court For Those Willing To Appear [Read Order]
5 years, 2 months ago

Lawyers Strike : SC Seeks Report From Orissa HC On Measures To Access CJ Court For Those Willing To Appear [Read Order]

Live Law  

Taking note of the fact that the lawyers at Orissa have been boycotting the court of Chief Justice of the high court, the Supreme Court today issued notices on a transfer petition, calling for a report on the matter from the High Court Registrar on the measures taken to ensure access the court of Chief Justice for advocates willing to …

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