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“Illegal confinement is a pre-condition to issue a writ of habeas corpus, it cannot be issued in respect of any and every missing person”.
“Negligence is a breach of duty imposed by law and it may be either civil or criminal depending upon the nature and gravity of the negligence. Criminal negligence, on the other hand, is gross and culpable, neglect or failure to exercise, reasonable and proper care and precaution to guard against injury, either to the public generally or to an individual in particular”.
In its Resolution dated 17-08-2023, the Collegium recommended the names of the judicial officers and advocates to be appointed as Judges in High Courts of Gauhati and Orissa.
Dr Justice S. Muralidhar, whose illustrious legal career spans over more than 3 decades, bids adieu as Chief Justice of Orissa High Court on 07-08-2023.
Mere inclusion of the name in the select list does not confer any right to claim for appointment.
The Court stated that if the victim, who is a grown-up woman and having experience of sex, fails to offer sufficient resistance to the accused who was attempting to have sex with her, the Court may find that there was no force, or the said act was not against her will.
The Court found that there was absence of concrete proof of age of the minor victim, therefore, the charge under Section 6 of the POCSO Act was not proved, instead the appellant was convicted under Section 376(1) of the IPC.
The forfeiture of the bail bond without giving the opportunity of hearing to the surety is illegal and derogates principles of natural justice.
When it comes to the curtailment of the liberty of a person, it becomes incumbent for the Court to follow the principles of natural justice by giving the opportunity of hearing to the accused
The Director of Seashore Group of Companies was seeking Transfer of Criminal Cases pending against before various Courts to CBI Court as the CBI Court had clubbed other 22 FIRs pending against him.
The Additional Sessions Judge had sentenced the Rape Convict to undergo rigorous imprisonment for seven years for the offence under section 376(1) of the IPC.
The Constitution of India embodies a federal structure of Government which essentially requires a strong sense of cooperation among not only the Government at the Centre and the States but also the provincial Governments inter se.
The Court said that the Trial Court had rightly convicted the appellant under Sections 366, 376(2)(n), 370-A and 506 of the IPC, as it was successfully established by the Prosecution that the victim was a minor and the statement of the victim was clear, cogent, trustworthy.
The Court was of the considered view that the offences punishable under Sections 302, 506, 201, 204 of the IPC were prima facie, not made out.
The Court gave a slew of directions to ensure the smooth and peaceful darshan of the deity during Anasara.
A publicity interest litigation should be nipped in the bud so that valuable time of the Court is saved which can be effectively utilized in reducing huge pendency of cases.
The Court said that failure to possess an Aadhaar Card or a mobile phone or a proper ‘identity’ paper of a particular kind cannot become obstacles to availing the benefits under the Schemes as it can result in a child, or a family being denied the basic support in terms of food and supplements.
Provocative slogans were raised giving rise to communal disharmony leading to arson and bloodshed during the procession on the occasion of Hanuman Jayanti.
The Court said that there was scope for promotion to the post of Junior Clerk by virtue of the Odisha Ministerial Service (Method of Recruitment to the Posts of Junior Clerks in the District Offices) Amendment Rules, 2001.
The Court said that the Damocles sword has been hanging over the petitioners for the past six years, who await for the trial to commence.