Court Lacking Jurisdiction Should Submit Case To Jurisdictional Court Instead Of Dismissing On Technicality: Orissa High Court
1 week, 5 days 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 Bharatiya Nagarik Suraksha Sanhita, back to the jurisdictional Court subsequent to its dismissal by the non-jurisdictional Court on technical ground, the Single Bench of Justice Gourishankar Satapathy observed – “It is to be understood that the Courts are meant for the litigants to remedy their grievance and we owe our existence to this Institution “popularly referred as Courts” and, therefore, if the litigants approach the Court to get their grievance remedied, it should be the duty of the Court to decide or deal with the grievance of the litigants notwithstanding the litigation has merit or not…The moral of the discussion is not to throw away the grievance of the party approaching the Court on technicality at threshold, when such matter can be decided on merits.” Case Background The vehicle of the petitioner was seized in connection with a case relating to commission of offence under Section 20 of NDPS Act. Court's Observations The Court noted that the case records had been inadvertently transferred to the Court of Additional Sessions Judge, which indeed does not have jurisdiction to decide the matter especially considering the fact that the main case is pending before the Court of Sessions Judge, who is present and functioning. “…but this Court impresses upon the learned Additional Sessions Judge that if he has got no jurisdiction to deal with the matter, he should have re-submitted the record to the concerned Sessions Judge, instead of proceeding further to dismiss it inasmuch as law never intends to create any bar against re-submission of the record to the concerned Court which has although jurisdiction to deal with the matter, but inadvertently transferred the same to a Court not having jurisdiction for disposal of the case on merits,” the Court said.

Jurisdiction Court Case Judge Matter Bnss Grievance Petitioner Sessions No Jurisdiction Jurisdictional Court Technical Ground Section 503  court  orissa  jurisdictional  case  lacking  judge  petitioner  law  jurisdiction  vehicle  matter  sessions  dismissing  grievance  technicality  instead  submit  high

History of this topic

NDPS Act | Law Doesn't Sanction Retaining Seized Vehicle Indefinitely Without Furthering Cause Of Justice: Orissa High Court
5 days, 8 hours ago

NDPS Act | Law Doesn't Sanction Retaining Seized Vehicle Indefinitely Without Furthering Cause Of Justice: Orissa High Court

Live Law  

The Orissa High Court has reiterated that the provisions under the Narcotic Drugs and Psychotropic Substances Act do not mandate indefinite retention of seized vehicles without any justifiable cause, especially when such retention tends to cause degradation and depreciation of the vehicle. However, the trial Court rejected such application citing Section 52-A of the NDPS Act, which mandates pre-trial disposal …

Limitation Act Doesn't Apply To Writ Petitions But Party Guilty Of Delay & Laches Can't Be Given Relief: Orissa High Court
1 week, 5 days 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 …

S.245 CrPC | Mandatory For Magistrate To Record Reasons While Allowing/Rejecting Discharge Petition Of Accused: Orissa High Court
Trending News
2 weeks, 1 day 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 …

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat
4 weeks, 1 day ago

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat

Live Law  

The Supreme Court today refused to entertain a petition assailing demolition action stated to have been carried out by Ahmedabad authorities against houses of persons accused of crimes in violation of the Court's November 13 judgment.A bench of Justices BR Gavai and AG Masih passed the order, asking the petitioner, who claimed that the authorities were guilty of contempt of …

S. 379 BNSS | Court Not Bound To Hold Preliminary Inquiry Before Making Or Refusing To Make Complaint: Orissa High Court
4 weeks, 1 day ago

S. 379 BNSS | Court Not Bound To Hold Preliminary Inquiry Before Making Or Refusing To Make Complaint: Orissa High Court

Live Law  

The Orissa High Court has held that it is not mandatory on the part of Court to hold a preliminary inquiry as provided under Section 379 of the Bharatiya Nagarik Suraksha Sanhita into commission of offences referred to in Section 215, BNSS in order to make or reject to make complaint. In order to decide maintainability of the petition, the …

Orissa High Court Stays Non-Bailable Warrant Against Malkangiri's Ex-Collector Manish Agarwal In Suspicious Death Case Of His PA
1 month, 3 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 …

No Bar For Interim Release Of Vehicle Seized Under NDPS Act Pending Investigation/Trial: Orissa High Court
2 months, 1 week ago

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

Live Law  

The Orissa High Court has held that there is no bar either under the Code of Criminal Procedure or the Narcotic Drugs and Psychotropic Substances 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 position of …

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court
2 months, 4 weeks ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law  

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court
Trending News
2 months, 4 weeks ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law  

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

Delhi HC To Examine Retrospective Applicability Of S.223 BNSS On Opportunity Of Hearing To Accused In ED's Complaint Filed Post-Enactment
4 months, 1 week ago

Delhi HC To Examine Retrospective Applicability Of S.223 BNSS On Opportunity Of Hearing To Accused In ED's Complaint Filed Post-Enactment

Live Law  

The Delhi High Court will hear a plea on the issue of retrospective application of Section 223 of the BNSS 2023 in a case where the Enforcement Directorate registered the Enforcement Case Information Report prior to the law's enactment but the Prosecution Complaint was filed and trial court took cognizance on it after the law came into force. The plea …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months, 1 week ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Entry Made In Dispatch Register Is Not Primary Evidence To Prove Service Of Notice On Assessee: Orissa High Court
4 months, 3 weeks ago

Entry Made In Dispatch Register Is Not Primary Evidence To Prove Service Of Notice On Assessee: Orissa High Court

Live Law  

The Orissa High Court has made it clear that an entry in the dispatch register maintained by the Revenue is not primary evidence to show service of notice on an assessee. At the outset, the High Court division bench of Justices Arindam Sinha and MS Sahoo observed, “Entry made in the system is not primary evidence. In light of the …

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 …

Inter-District Transfer Of Motor Accident Claims Cases Can Be Done Under Article 227 Of Constitution, Not Under CPC: Orissa High Court
6 months, 4 weeks ago

Inter-District Transfer Of Motor Accident Claims Cases Can Be Done Under Article 227 Of Constitution, Not Under CPC: Orissa High Court

Live Law  

The Orissa High Court has held that application for inter-district transfer of motor accident claims cases from one tribunal to another can be done under Article 227 of the Constitution and not under the provisions of the Code of Civil Procedure. This Court is of the further view that the present Writ Petition under Article 227 is maintainable and the …

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
7 months, 1 week 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 …

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court
8 months, 1 week ago

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court

Live Law  

The Bombay High Court has held that under Section 9-A CPC Act, 2018), a Trial Court cannot frame an issue which has the effect of disposing of the suit only in part. The petitioners/plaintiffs challenged the order of the Trial Court in allowing the application of respondents/defendants to frame a preliminary issue of limitation under Section 9-A CPC in the …

Petition U/S 483 CrPC Seeking Direction To Family Court For Expeditious Disposal Of S. 125 CrPC Plea Is Maintainable: Allahabad HC
9 months, 3 weeks ago

Petition U/S 483 CrPC Seeking Direction To Family Court For Expeditious Disposal Of S. 125 CrPC Plea Is Maintainable: Allahabad HC

Live Law  

The Allahabad High Court has held that an application filed under Section 483 CrPC seeking a direction to the Family Court to expedite the disposal of an application under Section 125 CrPC, would be maintainable. A bench of Justice Subhash Vidyarthi clarified that while deciding an application under Section 125 CrPC, the Family Court exercises the jurisdiction of a magistrate. …

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 …

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 …

Deemed The Second Petition As Not Maintainable When It Could Have Been Presented During The Filing Of First Petition
1 year, 5 months ago

Deemed The Second Petition As Not Maintainable When It Could Have Been Presented During The Filing Of First Petition

Live Law  

The Supreme Court on Monday held that a second petition under Section 482 Criminal Procedure Code, 1973 on grounds that were available for challenge even at the time of filing of the first petition would not be maintainable.A bench of Justice C T Ravikumar and Justice Sanjay Kumar observed that even though there is no absolute bar on a second …

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, …

HC's Decision Based On Admitted Documents & Not Disputed Facts: Supreme Court Dismisses Orissa Govt Plea
1 year, 7 months ago

HC's Decision Based On Admitted Documents & Not Disputed Facts: Supreme Court Dismisses Orissa Govt Plea

Live Law  

The Supreme Court recently upheld the judgment by the Orissa High Court in a land dispute involving the Industrial Infrastructure Development Corporation of Orissa and the heirs of a late Surgeon Vice Admiral. The Vice Admiral had filed a writ petition against the State of Orissa and IDCO before the High Court of Orissa. The Court concluded that the High …

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 …

Claimants Need Not File Petition In Supreme Court To Transfer Motor Accidents Claims Made In Different Territorial Jurisdictions: Orissa HC Registry
1 year, 9 months ago

Claimants Need Not File Petition In Supreme Court To Transfer Motor Accidents Claims Made In Different Territorial Jurisdictions: Orissa HC Registry

Live Law  

The Registry of Orissa High Court on Wednesday notified that in motor accident claim cases, if the claimant have filed separate claim petition in the territorial jurisdiction of different High Courts, the first claim petition filed by them shall be maintained by the said Claims Tribunal and the subsequent claim petition shall stand transferred to the Tribunal where the first …

Orissa High Court Asks Collector To Reconsider Appeal For Issuance Of ST Certificate On Basis Of Mother’s Tribe
1 year, 11 months ago

Orissa High Court Asks Collector To Reconsider Appeal For Issuance Of ST Certificate On Basis Of Mother’s Tribe

Live Law  

The Orissa High Court has ordered an appellate authority to reconsider an appeal against denial of tribe certificate to a boy who was brought up by his tribal mother. While giving relief to the petitioner, the Single Judge Bench of Justice Arindam Sinha observed, “The appellate authority thereafter went on to take view that the Tahsildar had properly followed the …

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
2 years ago

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Live Law  

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. In March 2020, a five-judge bench of the Allahabad High Court clarified that …

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

S.52A NDPS Act Not Bar To Grant Interim Custody Of Seized Vehicles U/S 457 CrPC: Kerala High Court
2 years, 1 month ago

S.52A NDPS Act Not Bar To Grant Interim Custody Of Seized Vehicles U/S 457 CrPC: Kerala High Court

Live Law  

The Kerala High Court on Monday held that jurisdictional courts, such as the Special Court and Magistrate Court, are vested with the power to grant interim custody of vehicles seized in connection with offences under the Narcotic Drugs and Psychotropic Substances Act under Section 457 CrPC, irrespective of the procedure for disposal stipulated in Section 52A of the Act.Justice V.G. …

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court
2 years, 1 month ago

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court

Live Law  

The petitioner argued that despite her representations, she could not get the concerned authorities to register an FIR. In its rebuttal, the Respondent State argued that considering the availability of remedies under the Criminal Procedure Code, it is not proper to invoke writ jurisdiction under article 226 of the Constitution. To bolster its argument, the State relied upon the Supreme …

Second Writ Petition Seeking To Enforce Order Made In An Earlier Writ Petition Is Maintainable: Orissa High Court Reiterates
2 years, 2 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 …

Important Decisions Of Orissa High Court In 2022
2 years, 2 months ago

Important Decisions Of Orissa High Court In 2022

Live Law  

The year 2022 has come to an end. Right Of Accused To Recall Witness U/S 311 CrPC Can't Always Be Denied In Lieu Of Prosecutrix's Right U/S 33 POCSO Act: Orissa High Court Case Title: Pidika Sambaru v. State of Odisha & Anr. "Transgender Has Every Right To Choose Gender": Orissa High Court Orders Family Pension To Transwoman Case Title: …

Appellate Authority To Bear In Mind the Predicaments faced By Taxpayers on introduction GST Procedures: Orissa High Court
2 years, 5 months ago

Appellate Authority To Bear In Mind the Predicaments faced By Taxpayers on introduction GST Procedures: Orissa High Court

Live Law  

The Orissa High Court has held that the Appellate Authority should have borne in mind the predicament faced by taxpayers on the introduction of a new set of procedures by way of the promulgation of the CGST Act and rules and that time is required to be taken to get acquainted.The division bench of Justice Jaswant Singh and Justice Murahari …

Orissa High Court Weekly Round Up: 19 September To 25 September, 2022
2 years, 6 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 …

Supreme Court Reserves Judgment On Orissa Administrative Tribunal Bar Association's Plea Challenging Abolition of Odisha Administrative Tribunal
2 years, 6 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 …

NDPS Act Does Not Bar Owner's Recourse To S.451 CrPC For Release Of Seized Vehicle On Superdari: P&H High Court
2 years, 7 months ago

NDPS Act Does Not Bar Owner's Recourse To S.451 CrPC For Release Of Seized Vehicle On Superdari: P&H High Court

Live Law  

Punjab and Haryana High Court while dealing with a case registered under Section 18 of NDPS Act, held that the crime motorcycle impounded or seized should be released on superdari to the petitioner. " Regarding the rejection of application regarding release of crime motorcycle, this court held that the order of the trial Judge is no longer res integra as …

Orissa High Court Disposes Pending Case Challenging Puri Jagannath Temple Corridor Project In View Of Supreme Court Decision
2 years, 9 months ago

Orissa High Court Disposes Pending Case Challenging Puri Jagannath Temple Corridor Project In View Of Supreme Court Decision

Live Law  

The Orissa High Court has disposed of the pending writ petition challenging Puri Shree Jagannath Temple Corridor Project, in view of the recent decision of the Apex Court in Ardhendu Kumar Das v. State of Odisha. Notably, in that case, the Supreme Court dismissed two petitions filed against some construction works undertaken by the Odisha Government in the adjacent area …

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court
2 years, 10 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, 10 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, 11 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 …

Orissa High Court Dispenses With Filing Hard Copy Of E-Filed Documents Under E-Filing Version 3.0
2 years, 11 months ago

Orissa High Court Dispenses With Filing Hard Copy Of E-Filed Documents Under E-Filing Version 3.0

Live Law  

The Registry of Orissa High Court, on Tuesday, notified that with a view to streamline matters relating to e-filing, whenever a case is e-filed in the High Court of Orissa through e-filing version 3.0, there shall be no requirement of filing hardcopy of the e-filed documents. Notably, the e-filing version 3.0 of the High Court was inaugurated earlier this month …

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court
3 years ago

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court

Live Law  

The Orissa High Court has held that a person cannot be removed from his service without complying the relevant statutory pre-requirements. A Single Judge Bench of Justice Sashikanta Mishra held, "Therefore, notwithstanding the fact that the petitioner can be prima-facie held guilty of disobeying the orders of the authority by remaining continuously absent for more than five years, yet he …

NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To Accused: Orissa High Court
3 years, 1 month 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 …

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 …

Supreme Court Stays Madras HC Order Directing Deposit In CM's Public Relief Fund For Release Of Vehicle
3 years, 2 months ago

Supreme Court Stays Madras HC Order Directing Deposit In CM's Public Relief Fund For Release Of Vehicle

Live Law  

Recording the submission on behalf of the petitioner that such a condition, of making the deposit in the CM's Public Relief Fund, could not have been imposed, the bench of Justices DY Chandrachud and AS Bopanna issued notice on the SLP. As recorded in the impugned order of the High Court, it is the case of the petitioner that the …

Supreme Court Dismisses Plea By Orissa Private Engineering Colleges Association To Conduct 'O-JEE – 2021'
3 years, 3 months ago

Supreme Court Dismisses Plea By Orissa Private Engineering Colleges Association To Conduct 'O-JEE – 2021'

Live Law  

The Supreme Court on Friday dismissed a writ petition by the Orissa Private Engineering Colleges Association for a direction to the authorities of state government of Odisha, Policy Planning Body and Odisha Joint Entrance Examination Committee to hold 2nd Special 'O-JEE – 2021' in respect of admission into B-Tech and Lateral Entry courses. The bench of Justices D. Y. Chandrachud …

Orissa High Court Directs Governor To Address Plea Seeking Disqualification Of Several MLAs By November 8
3 years, 8 months ago

Orissa High Court Directs Governor To Address Plea Seeking Disqualification Of Several MLAs By November 8

Live Law  

The Orissa High Court on Tuesday directed the Governor of Odisha to expeditiously dispose of a plea seeking the disqualification of several Members of the Legislative Assembly of Odisha by November 8. A Bench comprising Chief Justice S Muralidhar and Justice S.K Panigrahi was adjudicating upon a plea wherein it was contended that a post-election petition dated May 28, 2019 …

"Extremely Unfortunate", Orissa High Court Imposes 5K Fine On An Absent Lawyer For 'Unnecessary Adjournment'
3 years, 9 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 …

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