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

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 refusing to condone a delay of nineteen years in filing the writ petition, the Division Bench of Justice Sangam Kumar Sahoo and Justice Savitri Ratho held –“Although the...

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

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 ('BNSS'), back to the jurisdictional Court subsequent to its dismissal by the non-jurisdictional Court on technical...

Orissa HC Orders Arrest Of Vessels 'Ocean Jade' & 'Ocean Morganite' At Paradeep Port After Owner's Failure To Execute Settlement Agreement

The Orissa High Court on Wednesday ordered arrest of vessels 'Ocean Jade' (IMO:9660750) and 'Ocean Morganite' (IMO:9676498) for failure on the part of its owner to execute the Memorandum of Agreements ('MoAs') by which it had agreed to sell the vessels to the plaintiff as part of a 'distressed deal'.Directing issuance of the letter of marshal, the Admiralty Judge Justice Murahari Sri Raman said –“This Court is prima facie satisfied that the claim is maintainable in this forum of admiralty...

'Allegations Embedded With Hatred, Complete Breakdown Of Marriage For One Decade': Orissa High Court Grants Divorce To Couple

The Orissa High Court has recently granted divorce to a couple on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955, further observing that the couple have indulged in levelling bitter allegations against each other portraying hatred and a complete breakdown of marriage for more than last one decade.Highlighting severe marital dissensions between the husband...

Section 141 NI Act | Executive Director Can't Be Prosecuted For Cheque Dishonour If Company Isn't Made An Accused: Orissa HC Reaffirms

The Orissa High Court has reiterated that the Executive Director of a company is not vicariously liable and cannot be prosecuted under Section 138 of the Negotiable Instruments Act ('NI Act') for dishonour of cheque, issued by him in his official capacity on behalf of the company, if the company itself is not arraigned as an accused.Highlighting the non-compliance of the statutory mandate...

Orissa HC Grants Bail To Couple Accused Of Impersonating PM Modi's Principal Secretary's Relatives To Exert Undue Influence

The Orissa High Court on Monday granted bail to a couple accused of impersonating the daughter and son-in-law of Pramod Kumar Mishra, Principal Secretary to Narendra Modi, Prime Minister of India, for creating undue influence and exerting pressure on senior officials for different fraudulent purposes.While granting the conditional bail to the duo, the Single Bench of Justice Radha...

Ambitious Parents Illegally Securing Admission Of Wards To Good Colleges Foster Dishonesty, Deprive Deserving Candidates: Orissa High Court

The Orissa High Court has observed that ambitious parents who illegally secure their child's admission to colleges commit a crime and deprive deserving candidates of opportunities.While quashing a case under Section 138 of the NI Act and observing that it cannot be used in cases involving illegal transactions, Justice Sibo Sankar Mishra was taken aback by the fact that the complainant...

S. 138 NI Act | Cheque Bounce Case Not Maintainable If Complainant Is Party To Illegal Transaction: Orissa High Court

In an important decision, the Orissa High Court has held that a complainant cannot maintain a case for cheque bounce against the accused under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act') if she herself is a party to illegal transaction, or in other words, if initially credit was given by the complainant for achieving an illegal purpose.While quashing the charge under...

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

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 ('CrPC'). Clarifying the requirement under the provision of law, the Single Bench of Justice Sashikanta Mishra observed –“The language used in Section 245,...

S.239 CrPC | Accused Can Be Discharged When Prosecution Materials Even If Unrebutted Don't Indicate Culpability: Orissa High Court

The Orissa High Court has reiterated that an accused should be discharged when the materials produced at the time of consideration for framing of charge are of such a nature that if remain unrebutted, those would not indicate culpability of the accused whatsoever.While ingeminating the principles of law governing discharge of accused under Section 239 of the Code of Criminal Procedure...

Orissa HC Issues Guidelines For Disposal Of Mutation Cases Based On Wills Executed Under Ex-Princely States, Says Probate Not Required

The Orissa High Court has reiterated that probate of Wills executed in ex-princely states/Gadajat states is not necessary and thus, the revenue authorities can proceed for mutation on the basis of un-probated Wills in such areas.A Single Bench of Justice Ananda Chandra Behera referred to a number of precedents on the above position of law and clarified that –“If the Wills are executed in...

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

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 Bench of Justice...

Adolescent Inter-Faith Relationship: Orissa HC Quashes POCSO Case Against Muslim Man After He Marries Victim, Says Romantic Relationship Not Coercion

The Orissa High Court has recently quashed charges, inter alia, under the stringent Protection of Children from Sexual Offences Act ('POCSO Act') against a Muslim man, accused of kidnapping a minor Hindu girl and having repeated sexual intercourse with her, as he later married the victim girl and started a happy matrimonial life.Taking into account the interest of the parties vis-à-vis...

Dispute Regarding Marital Status Is Within Exclusive Jurisdiction Of Family Court: Orissa High Court

The Orissa High Court has held that dispute as to marital status of parties comes within the exclusive jurisdiction of the Family Court established under the Family Courts Act, 1984 ('the Act') and the same cannot be decided by any other civil court.While nullifying the order passed by a Civil Judge (Senior Division), being altered by the order of the District Judge, the Single Bench of...

Corporal Punishment: Orissa High Court Quashes Criminal Case Against School Teacher But Asks Him To Pay ₹1 Lakh Compensation To Parents

The Orissa High Court has reiterated that 'corporal punishment' by a school teacher upon a student for the purpose of disciplining him cannot amount to an offence under Section 82 of the Juvenile Justice (Care and Protection) Act, 2015 ('the Act').However, the Single Bench of Justice Sibo Sankar Mishra acknowledged the grief of the parents for loss of life of their child and directed...

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

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...

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

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...

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955 ('the Act').Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division...

Practice Experience Can't Be Counted Until AIBE Is Cleared: Orissa HC Disqualifies Lawyer's Nomination As Treasurer In District Bar Election

The Orissa High Court has categorically held that the practice experience of an Advocate enrolled with the State Bar Council cannot be taken into account unless and until he qualifies the All-India Bar Examination (AIBE) conducted by the Bar Council of India (BCI).While disqualifying an Advocate from holding the post of 'treasurer' of a District Bar Association for lack of practice...

'Health Service Providers Fear Potential Criminal Liability': Orissa HC Issues SOP For Medical Termination Of Pregnancies

The Orissa High Court has expressed concern over hesitation amongst health care providers to act promptly in providing medical termination of pregnancies, especially in cases of rape, even when no Court intervention is needed. The Court, in order to address the problem, has issued certain directives which would form part of a comprehensive Standard Operating Procedure (SOP) to govern...