HIGH COURT DECEMBER 2023 WEEKLY ROUNDUP| Stories on Maternity Leave to Contractual Employee; Marital Rape; Booking.com vs MMT; Appointment of Law Officers and more
A quick legal roundup to cover important stories from all High Courts this week.
Orissa High Court
S. 205 CrPC | Magistrate must not act arbitrarily and be circumspect while deciding personal attendance of a Doctor: Orissa HC
“The Court has a bounden duty to balance the mandate of the law and requirements of general public and then decide the fate of a petition filed under Section 205 of the CrPC especially when the applicant is a public servant, more particularly, the Government servants who are enjoined with a duty to safeguard the lives and health of people.”
‘Proposed changes will expand ambit of Suit’; Orissa HC rejects amendment of plaint for incorporation of prayer for partition in 27-years-old dispute
“The suit was instituted in 1996 and was at the fag end of the trial. The Defendant’s cross-examination was ongoing and if the proposed amendment is allowed, it will change the nature and character of the suit.”
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.”
Illegal Sand mining on Kathajodi | “False affidavit by Collector; permission of mechanized mining”; Orissa HC rebukes State, warns legal action
“Even after knowing the situation, the authorities did not take care of and attempted to control the situation, rather it appears that they have hands in glove with the lessees involved in illegal mining, for the reasons best known to them.”
Orissa High Court refuses bail to NDPS accused transporting 476 kgs Ganja to Punjab
Considering the huge quantity of contraband seized and progress of trial, the Court refused to grant bail.
HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on Sidhu Moose Wala; Radhasoami Satsang Sabha; World Trade Centre and more
A quick legal roundup to cover important stories from all High Courts this week.
Request for money by husband to arrange job with promise to repay does not amount to ‘dowry’ u/s 2 of the Dowry Prohibition Act: Orissa HC
“Demand for dowry should be the continuing cause for the death of the married women. Cruelty can be mental, or it can be physical. Every instance of cruelty and related harassment has a different impact on the mind of a woman.”
Orissa High Court grants bail to a blind PMLA accused in chit fund scheme case for lack of evidence
The Court also considered the fact that the accused is a permanent resident of his locality, having his family members and ancestral property, hence, there is no scope of absconding if the accused person is granted bail.
HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on Maternity leave to surrogate mother; 1999 rape & murder case; TN Online Gaming Act; and more
A quick legal roundup to cover important stories from all High Courts this week.
HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on consensual relationship; Contempt of Court for HC Judge’s death penalty; Royal Stag; Dream 11 and more
A quick legal roundup to cover important stories from all High Courts this week.
Supreme Court Collegium recommends the names of new Chief Justices for the High Courts of Meghalaya, Orissa and Uttaranchal
The Collegium recommended the names considering the judicial track record of the Judges vis-à-vis disposal of cases and their competency, character and integrity.
HIGH COURT OCTOBER 2023 WEEKLY ROUNDUP| Stories on Humans of Bombay; Obscenity; Bigg Boss Series Broadcasting; Sarpanch elections and more
A quick legal roundup to cover important stories from all High Courts this week.
Odisha Gram Panchayats Act | Contestant for Sarpanch elections should not have more than two children on date of filing of nomination: Orissa High Court
The Court considered the question that whether the election of a contestant for the post of Sarpanch, Nakhara Gram Panchayat was void as he has more than two children?
Supreme Court expands scope of exemption for service tax to include IIT and NIT under the definition of ‘governmental authority’
“Interpretative tools should be employed to make a statute workable and not to reach to a particular outcome.”
“Arbitrator can interpret contract, but cannot travel beyond four-corners of contract and rewrite its terms and alter nature”: Orissa HC
Arbitrator is a Judge chosen by the parties and his decision is final as long as it is founded in fairness and justice and an award cannot be passed on the ipse dixit of the arbitrator.
Form Committee to supervise inventory of valuables in Ratna Bhandar of Puri Jagannath Temple: Orissa HC directs State
The Archeological Survey of India has suggested that the status of the inner portion of the Ratna Bhandar could also be assessed through laser scanning and the repair could be taken up during Rath Yatra.
Orissa High Court holds Daman Pratirodha Mancha to be an unlawful association as activities are akin and identical to Naxalite movements
“Every association has a right to protest against the act of the State Government within the meaning of the fundamental rights enshrined in the Constitution of India. But if it exceeds the limits in the name of protest, the same cannot be covered under the protective umbrella of the fundamental rights as enshrined under the Constitution”.
Orissa HC acquits rape convict for lack of evidence and consensual relationship; desists two-finger test
“Two-finger test is no less than adding an unforgettable insult to an unhealed injury. The test violates the right to privacy, physical, mental integrity and dignity”.
Orissa HC vexed over Notaries issuing Marriage Certificates having no value in eyes of law
“Due to such extra-legal and dishonest arrangements by the Notaries, parties are made to believe that they are legally married when in fact their marriage does not have even the slightest of legal sanctity”.