Nepal Student’s Death at KIIT | Orissa HC grants interim relief, stays NHRC proceedings
On 16-02-2025, the deceased victim was found dead in her room on the premises of KIIT.
Orissa High Court
S. 14(1) HMA | Court’s discretion to allow divorce plea in 1 year of marriage, only if substantiated with separate application seeking permission to file for divorce
The statutory mandate under Section 14 of the HMA serves a crucial purpose in discouraging hasty dissolution of marriages and ensuring due deliberation before seeking divorce.
[NDPS] Law does not sanction indefinite retention of property; should not be subjected to unnecessary deterioration: Orissa HC
“If left unattended indefinitely, the vehicle will inevitably suffer structural degradation, mechanical wear, and a substantial diminution in both its functional utility and economic value, rendering it unfit for future use.”
‘Husband is entitled to peace and emotional relief that can only be found in dissolution of this broken bond’: Orissa HC upholds divorce on grounds of cruelty by wife
“From physical assaults and verbal abuse to repeated acts of financial control and emotional blackmail, the husband was subjected to a state of perpetual distress, where fear and anxiety overshadowed any hope of marital peace.”
Govt. appoints Justice Harish Tandon and Justice Biren A. Vaishav as Chief Justice of Orissa HC and Acting Chief Justice of Gujarat HC, respectively
The Collegium headed by Justice Sanjiv Khanna, CJI, recommended the appointment of Justice Harish Tandon, Judge Calcutta High Court, as Chief Justice of Orissa High Court.
Section 25(2) of HMA | Court can modify and grant maintenance exceeding the claimed amount upon proof of material change in circumstances: Orissa High Court
“The judicial discretion must be exercised to provide a fair and just maintenance amount, considering the dependent’s actual needs and the payer’s financial capability, even if the claim was initially understated.”
‘Well qualified husband who quits job to avoid paying maintenance to wife cannot be appreciated in civilised society’: Orissa HC upholds interim maintenance to wife
“Remaining unemployed is one thing and sitting idle having qualification and prospect to earn is another thing and if a husband being well qualified sufficient enough to earn sits idle only to shift the burden on the wife should not only be deprecated, but also be discouraged.”
‘Law never appreciates those wives who remain idle despite high qualifications; Orissa HC reduces quantum of maintenance
“The wife is a well-educated lady, but also she was previously working in some media houses, however, she has definite prospects to work and earn for her sustenance.”
Impersonation for Padma Shri Award | Orissa HC directs Doctor & Journalist with same name to produce relevant materials to substantiate claims for recognition
The petitioner alleged that the respondent and him have the same name- Antaryami Mishra, and following the same, the respondent impersonated the petitioner and fraudulently secured the Padma Shri Award in 2023.
Orissa HC orders Rs. 1 Lakh compensation to Judicial Aspirant for non-evaluation of an answer in OJS 2022
“The plea for rectification of an unevaluated answer does not involve a challenge to the examiner’s discretion or marking scheme but seeks judicial intervention to correct an apparent omission. Such omissions undermine the credibility of the examination process and can adversely affect the outcome for candidates.”
‘Right of child precedes parents’ guilt’; Orissa HC restores custody of infant girl with biological parents accused of abandoning her and kidnapping male child from hospital
“The inalienable rights of the infant child supersede all the attending adverse circumstances alleged against the biological parents of the baby. Notwithstanding the pendency of the criminal proceeding, the petitioners were entitled to claim custody of the infant being biological parents under the ‘tender years doctrine’.”
Orissa HC rejects NEET-UG candidate’s plea who lost Govt. college MBBS seat due to technical glitch in MCC’s Mop-up Counselling Round
The question of the technical glitch was a disputed question of fact, hence, the Court refused to enter into such a disputed question of fact in a proceeding under Article 226.
Justice Chakradhari Sharan Singh, the 34th Chief Justice of Orissa High Court, retires after a tenure of 11 months
Justice Chakradhari Sharan Singh, who is retiring on 19-1-2025, was recommended as Chief Justice of Orissa High Court on 02-11-2023 and took charge of office on 07-02-2024.
President appoints Justice Arindam Sinha as Acting Chief Justice of Orissa High Court
Justice Sinha will perform the duties of the office of the Chief Justice of that High Court with effect from 20-01-2025 consequent upon retirement of Justice Chakradhari Sharan Singh.
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP| Stories on Bhupendrasinh Zala; Police Protection to Live-In Couple; WIPRO’s Trade Mark; Rangarajan Narasimhan; and more
A quick legal roundup to cover important stories from all High Courts this week.
Orissa HC directs installation of CCTV cameras in all police stations and out-posts by 31st March
The State Officials/police personnel have been directed to strictly follow the SOP formulated by the State Government on ‘Arrest of and Interaction with Members of Armed Forces in Police Stations’, and to circulate the same in Odia language to all the police stations and the police outposts of the State.
‘Suppression of criminal antecedents & failure to disclose pending FIRs has significant consequences’: Orissa HC upholds cancellation of candidature for Junior Overman post
“The role of a writ court to interfere with the discretionary power of the appointing authority is necessarily limited. This discretion, however, must be exercised judiciously, with due regard to the principles of fairness, proportionality, and the objectives of public service. The authority retains the prerogative to evaluate a candidate’s fitness/ including instances of prior criminal antecedents or suppression of information.”
Dispute relating to infringement of copyright against a particular person is arbitrable: Orissa High Court reiterates
The Court relied on Vidya Drolia v. Durga Trading Corpn., (2019) 20 SCC 406., wherein it was held that a claim for infringement of copyright against a particular person is arbitrable, though in some manner the arbitrator would examine the right to copyright, a right in rem.
‘Objective of Freedom Fighters’ Pension Scheme to honour genuine freedom fighters without harassment or delay’; Orissa HC directs for release of pension to 100-yr-old freedom fighter
The Scheme requires submission of two co-prisoners’ certificates as incarceration proof, however, the petitioner was able to submit only one affidavit from a co-prisoner. The Court accepted the same as sufficient proof of the petitioner’s claim.
No social welfare surcharge payable on custom duty exempted under MEIS Scheme: Orissa HC
Upon a person obtaining exemption, he cannot be said to be discharging liability to pay duty. The Court clarified that charging provision under Section 110(3) of Finance Act, 2018 is a percentage of customs duty paid, as collected by the Central Government. The duty paid being zero, collection is zero and the percentage of it must also be zero.