Orissa High Court
'Publicity Driven Exercise': Orissa High Court Quashes Case Against Mukesh Ambani Over Supply Of 'Defective Mobile' To Lawyer In 2003
The Orissa High Court has quashed a criminal complaint and summoning order issued by a Magisterial Court against the Reliance Industries Limited (RIL) and its Chairman Mukesh Ambani over supply of a defective mobile handset to a lawyer in the year 2003.While setting aside the impending criminal prosecution, the Bench of Dr. Justice Sanjeeb Kumar Panigrahi termed the entire exercise as...
S.145 NI Act | Only Complainant Can Lead Evidence By Affidavit In Cheque Bounce Cases, Not Accused: Orissa High Court
The Orissa High Court has held that only the complainant in a cheque dishonour case, under Section 138 of the Negotiable Instruments Act, 1881 ('the Act'), may give his evidence-in-chief by way of an affidavit as per Section 145(1) of the Act. It clarified that the same procedure is not applicable to the accused, who is required to render his examination-in-chief before the Court...
Identical Evidence: Orissa High Court Quashes Disciplinary Action After Criminal Court Acquittal
A Division Bench of the Orissa High Court comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra held that departmental proceedings based on identical evidence must be set aside when a criminal court has acquitted the employee on the merits, leaving the disciplinary findings based on “no evidence.” Background Facts The employee (respondent) was serving as a...
Muslim Man Allegedly Stripped, Forced To Utter 'Jay Sri Ram': Orissa High Court Orders DSP To Supervise Probe
The Orissa High Court has recently ordered the State's Director General of Police (DGP) to handover the investigation to an officer not below the rank of Deputy Superintendent of Police (DSP) or Sub-Divisional Police Officer (SDPO) in an alleged case of public stripping of a Muslim man and coercing him to utter 'Jay Sri Ram'.Allowing the petition filed by the father of the victim, the Bench...
After Superannuation, Only Government & Not Subordinate Authority Competent To Impose Penalty, As Per Rules : Orissa HC
A Division Bench of the Orissa High Court comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra held that after superannuation, only the Government is authorised under the rules to pass the order of penalty in a departmental proceeding even initiated prior to the retirement. A subordinate authority cannot impose such penalty. Background Facts The employee...
Supreme Court's 'Mihir Rajesh Shah' Directive Mandating Written Grounds Of Arrest Applies Prospectively: Orissa High Court
The Orissa High Court has recently clarified that the mandate of providing written grounds of arrest to the accused, which was made mandatory by the Supreme Court in Mihir Rajesh Shah v. State of Maharashtra & Anr., 2025 LiveLaw (SC) 1066, applies prospectively and thus, non-compliance thereof before the date of judgment does not render the arrest illegal per se. Denying bail to an...
Order Passed By Judge On A Subject Matter Beyond His Assigned Roster Is Illegal: Orissa High Court
The Orissa High Court has recently held that an order passed by a Judge [of High Court] on a subject matter, which is not included in the roster/determination set by the Chief Justice, is per se illegal as usurpation of power without the authority of the Master of the Roster, i.e. the Chief Justice, is impermissible.Clarifying the effect of such judicial overstepping, the Division Bench of...
'Panchayat Not Court Of Law', Can't Settle Sexual Offences Through Promise Of Marriage: Orissa High Court
In a powerful reminder to village institutions, the Orissa High Court has unequivocally held that neither Panchayat is a Court of law nor Sarpanch is a Magistrate holding judicial power to deal with serious criminal cases like child sexual abuse and to broker settlement in such heinous cases through securing a promise of marriage from the abuser.While upholding the conviction of a man accused...
'Allegations Can't Be Accepted To Punish Accused Before Trial': Orissa High Court Grants Bail To Eight In OTET Paper Leak Case
The Orissa High Court on Thursday (March 05) granted bail to eight persons, including the Vice-President of the Board of Secondary Education (BSE), taken into custody for their alleged role in leaking the question papers of the Special Odisha Teacher Eligibility Test, 2025 (OTET) days before the examination was scheduled to be held.Citing low prospect of early conclusion of the ongoing trial...
S.7 POCSO Act | Squeezing & Pulling Breast Of Minor Girl Without 'Skin-To-Skin' Contact Amounts To Sexual Assault: Orissa High Court
The Orissa High Court has held that squeezing and pulling the breast of a minor girl, even though the same were done without making any “skin-to-skin” contact, would amount to 'sexual assault' as defined under Section 7 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') which is punishable under Section 8 thereof.While upholding the finding of guilt against...
OMMC Rules | Cancellation Of Lease Not Illegal Merely Because Order Was Issued By 'In-Charge' Mining Officer: Orissa High Court
The Orissa High Court has held cancellation of a lease under the Odisha Minor Mineral Concession Rules, 2016 ('the OMMC Rules') cannot be deemed to be illegal merely because the cancellation order was passed by the Mining Officer (In-charge), while the Mining Officer was the 'competent authority' under such Rules.A Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman...
'Spent Prime Of His Youth In Court Corridors': Orissa HC Raps State For Removing Teacher On Same Grounds After Reinstatement
'What is State without justice, but a band of robbers…,” the Orissa High Court quoted Jeremy Bentham as it castigated the State and its officials for making a teacher belonging to Scheduled Caste (SC) community to fight multiple litigations challenging his illegal removal from the post for the second time on a non-applicable ground, notwithstanding his earlier reinstatement.The Division...