Orissa High Court waives kin relative bail condition, terms it ‘onerous’ and contrary to Article 21
“Bail is the rule, but jail is the exception and an accused should be presumed to be innocent until proven guilty at the trial.”
Justice G. Satapathy
‘Love, company, protection and guidance of both parents are basic human rights and need of child’; Orissa HC upholds father’s visitation right
The child is always the victim in the custody battles and in the fight of egos and acrimonies between two spouses, but the childhood of such child is the worse sufferer, and such childhood is spoiled due to the alter egos’ of the spouses.
‘Chastity of woman is priceless possession, if husband doubts wife’s character without proof, she has enough reason to live separately’; Orissa HC
In the matter at hand, the Family Court ordered for payment of Rs. 3,000/- maintenance. The High Court noted that without producing any proof of the infidelity of his wife, the husband simply character assassinated his wife.
Orissa HC sets aside husband’s conviction for wife’s murder for having no link in chain of circumstantial evidence & failure to prove last seen theory
“It is never the intention of the legislature to say that merely because two persons were residing together in a house along with others and one of them suffered homicidal death, it would not necessarily mean that the deceased was last seen in the company of others.”
Orissa HC grants bail to a woman accused under PMLA considering pre-trial detention of 1 year and delay in completion of trial
“The Court, recognizing the significant delay in trial commencement and the uncertainty around its duration, granted bail to the accused and also extended the benefit of the proviso to Section 45 of the PMLA.”