Forced marriage not conducive to healthy society; Major girl can decide for herself: Orissa High Court orders protection
“When a girl is not ready for marriage, giving her in marriage by using extraneous force is not conducive for a healthy society”
Orissa High Court
Orissa High Court: Deceased tenant’s name cannot be removed from Record of Rights through Writ; Mutation proceedings essential
“The Court cannot pass a blanket order in a writ petition directing deletion of the name of a dead person, because some formalities as per law are required to be made before the Tahasildar through a Mutation Proceeding.”
Criminal Breach of trust and cheating cannot stand together simultaneously at cognizance stage: Orissa High Court sets aside cognizance order
“The petitioner submitted that the court below could not have taken cognizance of both offences simultaneously.”
Courts can direct police assistance to implement injunction order under S. 151 CPC: Orissa High Court
“Mere filing of an appeal cannot and does not operate as a stay of the order appealed against, unless an order of stay operation of the same has been passed.”
Right to privacy of students protected: Orissa High Court directs inclusion of refusal clause in APAAR ID Scheme
“If it is intended to be a voluntary act, appropriate provisions clearly specifying such fact ought to have been incorporated in the form by providing option to the parents to refuse to submit their consent or to opt out of it entirely.”
‘Merit alone counts at Super Speciality level’: Orissa High Court dismisses plea for reservation in Assistant Professor posts
“The post in other disciplines have already been filled up and none of the appointees are party to the writ petition and in absence of them, their selection and appointment cannot be interfered with.”
Teachers’ transfers cannot be politicised; Orissa High Court quashes Government directive allowing MPs/MLAs to influence posting decisions
“Political interference or affinity in the campus is not desirable in general and in the matters of transfer of teachers, in particular.”
Withholding Govt. Employee’s NOC for passport due to pending disciplinary proceedings violates fundamental right to liberty: Orissa High Court
“There is nothing in the Passport Act which even remotely suggests that pendency of disciplinary or vigilance proceedings would stand as an absolute bar for grant of passport.”
Orissa HC: Bail denied to alleged Al-Qaeda operative recruiting youths to terror groups
“Since there is allegation against the petitioner for his links with Al-Qaeda and the act alleged against the petitioner having ramification over national security and safety of local people at large.”
“Employment – a means of livelihood and a tool of dignity”: Orissa High Court reinstates Sanskrit Lecturer ‘prevented’ from service without hearing 2 decades ago
“In these hard days of unemployment, more particularly for women, there has to be a strong case made out that the employee has abandoned the job.”
Orissa High Court: Plaintiff as dominus litis cannot be compelled to implead intervenors without clear grounds for relief
“The plaintiff being dominus litis cannot be forced to implead someone against whom he does not specifically seek any relief. It goes without saying that if he has chosen not to, he does so at his own risk.”
Once dispute is referred to mediation and settlement is reached, Trial Court cannot refuse decree: Orissa High Court
“The disputes between the neighbours relating to the easementary rights are clearly mentioned as being suitable for mediation.”
Balasore self-immolation case: Read why Orissa HC refused bail to FM College HOD and Principal, but granted conditional relief to two students
“Several laws have been enacted, and several steps have been taken by the judiciary as well as the administrative machineries to prevent such kind of occurrences. However, all such steps have gone in vain, and the society has collectively failed to save the life of a young girl.”
Bank cannot unilaterally deduct money from pension account of retired employee acting as loan guarantor: Orissa High Court
“A unilateral debit from a customer’s account, especially when it consists of pension money, is an extreme step. The petitioner was entitled to at least a notice or demand, and an opportunity to be heard on why the sum was being taken.”
Orissa HC quashes POCSO Court’s bail denial to school Principal accused of failing to report sexual harassment complaint of student
“It is strange, but true that despite making an in-depth analysis of facts and allegations raised against the petitioner, the Trial Court has rejected the bail application of the school Prinicipal and remanded him to custody.”
Orissa HC: Technical defects cannot defeat decree execution; Order 21 CPC excludes Res Judicata principle
“In case of passing an order to drop the execution proceedings on the ground of any technicality, the Judgment Debtor is not precluded under law to file a fresh application for execution providing correct particulars for making the execution petition executable.”
Insolvency proceedings no shield for Directors in cheque dishonour cases under S. 138 NI Act: Orissa HC
“On the request of the petitioner, the complainant waited and represented the cheque through its banker, but once again it got dishonoured with the same remark – refer to drawer.”
Orissa HC rejects planted vehicle claim; Modifies compensation to Rs 7.10 Lakh for injured RPF Constable
“The claimant stated that he incurred heavy medical expenses and suffered disability, resulting in a downgrade from B-1 to C-1 position and a monthly income loss of Rs 7,000, and therefore sought enhancement through a cross-objection.”
Orissa HC recognises marriage as traditional necessity; Allows early withdrawal of fixed deposits under National Savings Time Deposit Scheme
“Rule 8(d) of the Scheme specifically provides for premature encashment. However, the thrust of the rule is the rate of interest payable on the deposit, when it is withdrawn after four years, but before maturity. Such a rule cannot be treated as putting a complete embargo against premature withdrawal. This being said, this Court does not express any opinion as to payment of interest, when premature withdrawal is done”
Educated Wives cannot be generalised as idle women burdening husbands with maintenance: Insights from Orissa High Court Ruling
Though her status as an Advocate was not disputed, the Court held that the wife and children were required to be maintained in law, commensurate to the standard of living of the husband/father.