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Orissa High Court
No recovery of excess payment from employee’s leave encashment benefit after retirement in case payment was made due to employer’s fault: Orissa HC
“The employer authority erred in deducting the excess payment made to the Government employee from his leave encashment benefits and thus, the action was not acceptable and the same was invalidated”.
Reasonable opportunity should be given to accused to fulfill conditions of bail: Orissa High Court
Bail was granted to the accused on 03-10-2023, however, the bail bond was not accepted by the Trial Court for a delay of three days in complying with the conditions of bail.
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[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”.
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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.
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[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.
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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.”
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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.”
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