HIGH COURT FEBRUARY 2024 WEEKLY ROUNDUP| Stories on Jagan Mohan Reddy; K. Annamalai; Trade mark squatting; Right to travel abroad; and more
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Orissa High Court
[Trafficking for Sexual Exploitation] S. 370-A IPC offence made out only when sex worker’s customer has procured her for another person: Orissa HC
“In the absence of material that women are trafficked for the purpose of engaging for sexual exploitation, the offence under Section 370-A (2) of the IPC cannot be attracted against the customer”.
HIGH COURT FEBRUARY 2024 WEEKLY ROUNDUP| Stories on Sexual Abuse of Wife; Arbitral Awards; National Commission for Scheduled Caste; Gyanvapi Mosque; Manual Scavengers and more
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[S. 106 Evidence Act] For shifting burden of proof on accused to explain death, prosecution must give clear and cogent evidence: Orissa HC
‘Section 106 of Evidence Act never relieves the prosecution from establishing prima facie guilt of the accused beyond all reasonable doubt, only when the same is established, the burden would shift to the accused.’
‘Rs. 500-900 per month is paltry’; Orissa HC directs State Government to reconsider pension for disabled persons
A pension of Rs. 500 to Rs. 900 per month is being given by the State Government to persons with disability, under the State sponsored Scheme Madhu Babu Pension Yojna as per their eligibility.
Bar on grant of anticipatory bail in cases under SC and ST Act not absolute when alleged offences, prima facie, not made out: Orissa HC reiterates
The Orissa High Court granted anticipatory bail to a doctor for his apprehension of arrest in a case related to medical termination of pregnancy, where a premature baby girl was born.
HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Capital Asset of Transporter; Prevention of Food Adulteration Act; Royalty Income; Contempt Notice and more
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HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Child Pornography; Attack on ED Officials; Pension rights; Aankh Micholi movie and more
A quick legal roundup to cover important stories from all High Courts this week.
HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Pepsico Potato chips battle; Right of convict to procreate; Manual scavengers; and more
A quick legal roundup to cover important stories from all High Courts this week.
[Hindu Marriage and Divorce (Orissa High Court) Rules, 1956] Joinder of ‘Paramour’ as necessary party not mandatory in all divorce cases: Orissa HC
Rule 5 of the Hindu Marriage and Divorce (Orissa High Court) Rules, 1956 provides for Necessary parties- (a) In every petition for divorce or judicial separation on the ground that the respondent is living in adultery or has committed adultery with any person, the petitioner shall make such person a co-respondent.
HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Fundamental right to passport; Berger Paint’s trademark; Public Prosecutors’ appointment; Gurmeet Ram Rahim’s defamation suit
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Justice Sanjaya Kumar Mishra, 14th Chief Justice of Jharkhand High Court, retires
Justice Sanjaya Kumar Mishra was elevated as the Chief Justice of the Jharkhand High Court in February 2023 and had made it emphatically clear that his priority will be to impart justice to the poor and downtrodden while expediting old cases.
‘Accused deemed to be in constructive custody of Court when released on Interim bail’: Orissa HC
“The Court noted that “while passing the impugned order the Trial Court re-examined the allegations on merit and virtually sat in appeal over the order and rendered the order passed by the High Court nugatory.”
HIGH COURT DECEMBER 2023 WEEKLY ROUNDUP| Stories on New Balance Athletics; WOW Momos; Prestige Cookers; Matrimonial Disputes and more
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Orissa HC grants Rs 10 lakhs compensation to family of a minor who died of dogs attack
“Punishing the offender alone cannot comfort the victim’s family much. Monetary compensation is often the most effective way to ease the family’s pain.”
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
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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.”