Orissa HC Initiates Contempt Action Against Ex-Constable & His Advocate For Questioning Impartiality Of Judges In Full Bench
2 days, 15 hours ago

Orissa HC Initiates Contempt Action Against Ex-Constable & His Advocate For Questioning Impartiality Of Judges In Full Bench

Live Law  

The Orissa High Court on Wednesday initiated action for criminal contempt against an ex-constable and his Advocate for casting aspersions on impartiality of two Judges sitting on a Full Bench. The Full Bench of Chief Justice Chakradhari Sharan Singh, Justice Savitri Ratho and Justice Sibo Sankar Mishra found the preliminary objection of the respondent to be prima facie contemptuous and held – “We are of the prima facie view that the averments made in the aforementioned paragraphs 2 to 5 of the preliminary objection constitute “Criminal Contempt” of Court within the meaning of Section 2 of the Contempt of Courts Act, 1971. Further the “black mark‟ shall remain permanently under Rule 837 if it is awarded separately as a punishment prescribed in clause of Rule 824.” The aforesaid decision of the Tribunal was put to challenge before a Division Bench of the High Court, which did not find any fault with the conclusion arrived at by the Tribunal and accordingly, the same was upheld. While taking up hearing of the case last year, a Division Bench of Chief Justice CS Singh and Justice Savitri Ratho had noted that under Rule 824 of the Odisha Police Manual, 'black mark' or 'marks' is one of the punishments prescribed and Rule 834 provided about imposition of black marks.

Justice Judges Court Black Contempt Tribunal Respondent Bench Division Rule View Constable Advocate Division Bench Criminal Contempt Full Bench Two Judges Ratho Black Mark Black Marks Rule 837  judges  hc  view  contempt  respondent  bench  justice  court  exconstable  advocate  tribunal  questioning  division  impartiality  initiates  black  orissa  rule

History of this topic

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court
1 month, 2 weeks ago

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court

Live Law  

The Patna High Court recently ruled that when multiple criminal appeals arise from the same trial court judgment, one involving a sentence of more than ten years and another with a sentence of less than ten years, the appeal with the lesser sentence must also be heard by the Division Bench. As per the Patna High Court Rules, all appeals …

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. …

SC bench to hear Punjab HC’s criticism of its order
5 months, 1 week ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Supreme Court Weekly Round-Up (16th-22nd October)
1 year, 2 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, 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 Single Judge Criticises Division Bench For Nullifying His Judgment On Passport Renewal Without Assigning Reasons
1 year, 4 months ago

Orissa High Court Single Judge Criticises Division Bench For Nullifying His Judgment On Passport Renewal Without Assigning Reasons

Live Law  

In a controversial development, a Single Judge Bench of the Orissa High Court comprising Justice Biswanath Rath has criticized and disapproved the manner in which a previous order rendered by him was declared not to be a ‘precedent’ by a Division Bench headed by former Chief Justice Dr. S. Muralidhar and also comprising Justice Gourishankar Satapathy. The questions of law …

Supreme Court Judge Raises Concerns About Inconsistency In Views Of Benches, Indiscipline Of AoRs
1 year, 9 months ago

Supreme Court Judge Raises Concerns About Inconsistency In Views Of Benches, Indiscipline Of AoRs

Live Law  

Supreme Court judge Justice BR Gavai on Wednesday expressed concerns about the inconsistency in the views made by different benches of the Supreme Court. A bench comprising Justices BR Gavai and Bela Trivedi also made critical remarks regarding "indiscipline" amongst the Supreme Court lawyers and registry. As far as the Registry is concerned, the less said, the better.” The bench …

Supreme Court Praises Orissa High Court For Creatively Using Technology; Says Other HCs Should Replicate It
1 year, 9 months ago

Supreme Court Praises Orissa High Court For Creatively Using Technology; Says Other HCs Should Replicate It

Live Law  

The Supreme Court has recorded its appreciation for the Orissa High Court for using technology to improve the access to justice for people from far flung areas of the State.A bench led by Chief Justice of India DY Chandrachud was deciding petitions challenging the Centre's decision to abolish the Odisha Administrative Tribunal. The Supreme Court has recorded its appreciation for …

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 …

Supreme Court Issues Contempt Notice To Advocate ML Sharma & AoR For Scandalising High Court In Petition
2 years, 1 month ago

Supreme Court Issues Contempt Notice To Advocate ML Sharma & AoR For Scandalising High Court In Petition

Live Law  

The Supreme Court on Friday took serious objection to the averments in a petition which attributed motives to a division bench of the Madhya Pradesh High Court in deciding a case and issued contempt notice to the lawyers connected with the Special Leave Petition- Advocate ML Sharma, Advocate-on-Record Deepak Goel.The Court also issued contempt notice to Vijay Singh, Assistant Accountant. …

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 …

Supreme Court Reserves Judgment On Orissa Administrative Tribunal Bar Association's Plea Challenging Abolition of Odisha Administrative Tribunal
2 years, 3 months ago

Supreme Court Reserves Judgment On Orissa Administrative Tribunal Bar Association's Plea Challenging Abolition of Odisha Administrative Tribunal

Live Law  

The Supreme Court, on Tuesday, reserved judgment in a special leave petition filed by Orissa Administrative Tribunal Bar Association challenging Orissa High Court's order of upholding notification issued by the Department of Personnel and Training of the Central Government dated 2nd August 2019 abolishing Odisha Administrative Tribunal. Mr. Ashok Kumer Parija, Advocate General representing the State of Odisha apprised the …

Supreme Court Weekly Round Up :June 6- June 11,2022
2 years, 7 months ago

Supreme Court Weekly Round Up :June 6- June 11,2022

Live Law  

Supreme Court Judgements Case Title: Jai Bholenath Construction vs Chief Executive Officer, Zilla Parishad Nanded | CA 4140 OF 2022 Citation: 2022 LiveLaw 542 The Supreme Court set aside a Bombay High Court judgment which dismissed a writ petition by referring to observations made in M/s N. G. Projects Ltd. Conviction Cannot Be Based Solely On The Testimony Of A …

Disciplinary Proceedings - High Court Cannot Interfere With Quantum Of Punishment Unless It Is Grossly Disproportionate: Supreme Court
2 years, 10 months ago

Disciplinary Proceedings - High Court Cannot Interfere With Quantum Of Punishment Unless It Is Grossly Disproportionate: Supreme Court

Live Law  

The Supreme Court observed that courts cannot interfere with the quantum of punishment imposed by the disciplinary authority unless it is grossly disproportionate.Quantum of punishment is within the discretionary domain and the sole power of the decision-making authority once the charge of misconduct stands proved, the bench comprising Justices Sanjiv Khanna and Bela M. Trivedi observed.In. Quantum of punishment is …

Contempt Of Court-Supreme Court Agrees To Hear Prashant Bhushan's Plea For Intra-Court Appeal Before Review Petitions Are Adjudicated
4 years ago

Contempt Of Court-Supreme Court Agrees To Hear Prashant Bhushan's Plea For Intra-Court Appeal Before Review Petitions Are Adjudicated

Live Law  

Supreme Court on Wednesday allowed an application filed by Advocate Prashant Bhushan seeking a direction from the top court that the two plea's praying review of the orders of conviction for contempt of court be heard after the adjudication of the petition raising the issue of right of appeal.A three Judge Bench of the Supreme Court comprising of Justices AM …

Contempt of Court- Prashant Bhushan Moves Supreme Court Seeking Hearing On Plea For Intra-Court Appeal Before Review Petitions Are Adjudicated
4 years ago

Contempt of Court- Prashant Bhushan Moves Supreme Court Seeking Hearing On Plea For Intra-Court Appeal Before Review Petitions Are Adjudicated

Live Law  

Advocate Prashant Bhushan has moved the Supreme Court seeking a direction from the top court that the two plea's praying review of the orders of conviction for contempt of court be heard after the adjudication of the petition raising the issue of right of appeal.On August 14, 2020 the Supreme Court held Bhushan guilty of contempt of court in the …

Prashant Bhushan Moves SC Seeking 'Right To Intra- Court Appeal' Against 'Original Criminal Contempt Orders' Passed By It [Read Petition]
4 years, 4 months ago

Prashant Bhushan Moves SC Seeking 'Right To Intra- Court Appeal' Against 'Original Criminal Contempt Orders' Passed By It [Read Petition]

Live Law  

Advocate Prashant Bhushan, who was recently held guilty of contempt for his remarks over the CJI and functioning of the Supreme Court, has moved the Top Court seeking a declaration that a person convicted in an original criminal contempt case has a "right to an intra-court appeal" to be heard by a larger and different bench. Thus, while the court …

Listing Controversy In SC: Petition Challenging Contempt Law Removed From Bench Of Justices Chandrachud & KM Joseph
4 years, 5 months ago

Listing Controversy In SC: Petition Challenging Contempt Law Removed From Bench Of Justices Chandrachud & KM Joseph

Live Law  

In a dramatic development, the petition challenging the constitutionality of the offence of 'scandalizing the court' under Section 2 of the Contempt of Courts Act has been removed from the bench of Justices D Y Chandrachud and K M Joseph.The writ petition filed by N Ram, Prashant Bhushan, Advocate, and Arun Shourie, former Union. In a dramatic development, the petition …

[Breaking] Prashant Bhushan Contempt Case: SC Mutes VC Hearing; Seeks Explanation/Apology [Read Order]
4 years, 5 months ago

[Breaking] Prashant Bhushan Contempt Case: SC Mutes VC Hearing; Seeks Explanation/Apology [Read Order]

Live Law  

The Supreme Court on Tuesday sought an explanation/apology from Advocate Prashant Bhushan in the contempt case taken against him over his remarks made in 2009 that at least half of the former Chief Justices of India were corrupt.In the order passed, the bench observed that it has not received the explanation/apology submitted by Mr. Prashant Bhushan/ Respondent No.1 and Mr. …

Judicial Discipline Ordains That Coordinate Bench Cannot Take Contrary View; Can Only Refer To Larger Bench : SC [Read Judgment]
4 years, 6 months ago

Judicial Discipline Ordains That Coordinate Bench Cannot Take Contrary View; Can Only Refer To Larger Bench : SC [Read Judgment]

Live Law  

In the judgment holding that the lockdown restrictions and the extension of limitation will not impact the right to default bail, the Supreme Court made some significant observations on judicial discipline.The issue arose out a single bench decision of Madras High Court in the case S Kasi v State through Inspector of Police, which held that the SC's order of …

Bench Hunting: SC Restores Contempt Proceedings Against Lawyer, Litigant In Allahabad HC [Read Order]
5 years, 2 months ago

Bench Hunting: SC Restores Contempt Proceedings Against Lawyer, Litigant In Allahabad HC [Read Order]

Live Law  

The Supreme Court has directed the Allahabad High Court to continue with the contempt proceedings against a litigant and lawyer for allegedly resorting to 'bench hunting'.While Justice A.M. Thipsay, was presiding a Court in Lucknow bench, a submission was made by a lawyer that, in the case, a member of. The Supreme Court has directed the Allahabad High Court to …

[Orissa Lawyers' Strike] "We Have Little Doubt That The Conduct Of Lawyers Amount To Contempt";SC Summons HCBA President And State Bar Council Chairman
5 years, 2 months ago

[Orissa Lawyers' Strike] "We Have Little Doubt That The Conduct Of Lawyers Amount To Contempt";SC Summons HCBA President And State Bar Council Chairman

Live Law  

Stating that it had little doubt that the conduct of the lawyers at Orissa, who have been boycotting the Chief Justice's court, amounted to contempt, the Supreme Court today issued notices to the Chairman of the Orissa State Bar Council and the President of the Orissa High Court Bar Association, with directions to appear in person. The Chairman of the …

Orissa HC Advocates Boycott CJ And Collegium Judges Over Alleged 'Illegal Recommendations' [Read Resolution]
5 years, 6 months ago

Orissa HC Advocates Boycott CJ And Collegium Judges Over Alleged 'Illegal Recommendations' [Read Resolution]

Live Law  

Citing dissatisfaction over the recommendations made by the Orissa High Court collegium for judges appointment, the Orissa High Court Advocates Association on Monday boycotted the courts of Chief Justice and two collegium judges. The Association has passed a resolution to continue the boycott till June 26.The controversy is pertaining to the recommendations made by the collegium to. On May 16, …

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