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Category: High Court of Orissa Judgment or Order or Notification

Nabaghana Sahoo Vs Smruti Prava Sahoo and Anr on 11 Feb 2025

Posted on February 15 by ShadesOfKnife

A single Judge from Orissa HC remanded a Maintenance Order back to Trial Court, for not complying with SC judgments in Rajnesh and Aditi.

From Para 2,

2. …

It is further submitted by Mr. Mishra that admittedly neither of the parties has filed the disclosure affidavit in terms of the decision rendered by the Apex Court in Rajnesh Vs. Neha and another; (2021) 2 SCC 324 which is the mandatory requirement for deciding application for maintenance under different provisions of law and although the Petitioner-husband has not filed such disclosure affidavit, but it is the mandatory requirement of the law as held in Rajnesh(supra).

From Para 3,

3. After having considered the rival submissions upon going through the materials placed on record, it appears that neither of the parties has filed the disclosure affidavit as mandated in Rajnesh(supra), but facts remain that the Apex Court in Rajnesh(supra) has issued a slew of directions in the form of guidelines making it mandatory for the Petitioner-Applicant to file disclosure affidavit at the time of bringing a proceeding for maintenance which is forthcoming from the following observation made by the Apex Court in paragraphs-72.2 and 72.3

In the above premises, viewing what should be the consequence for non-filing of disclosure affidavits which is mandatory in nature after the decision in Rajnesh(supra), this Court considers it useful to refer to the decision in Aditi Vs. Jitesh Sharma; (2023) SCC Online SC 1451

From Para 4,

4. It is also not in dispute that the judgment in Rajnesh(supra) was delivered on 4.11.2020 and the guidelines therein have been circulated to all the
Courts in India for compliance, but it has not been followed in this case while passing the impugned judgment. When the principle culled out in a decision is directed to be followed mandatorily, the Court concerned is under obligation to follow such guidelines, but in this case, the learned trial Court having not followed the provisions of the guidelines issued in Rajnesh(supra), the matter is required to be remitted back for fresh disposal in accordance with law by complying the guidelines of the Rajnesh(supra).

From Para 5,

5. In the result, the revision stands allowed and the impugned judgment dated 22.07.2023 passed by learned Judge Family Court, Khurda in
Criminal Petition No.431 of 2017 is hereby set aside. Ergo, the matter is remitted back for fresh disposal in accordance with law.
It is, however, made clear that the learned trial Court while adjudicating the matter afresh may receive the disclosure affidavits from the parties and provide opportunity to lead evidence on the very aspect of the disclosure affidavits by taking into consideration the mandatory guidelines of the Apex Court in Rajnesh(supra).
Since the maintenance proceeding is pending between the parties from the year 2017, the learned trial Court is hereby requested to dispose of the aforesaid proceeding after remand as expeditiously as possible preferably within a period of two months from the date of receipt of copy of this order.

Nabaghana Sahoo Vs Smruti Prava Sahoo and Anr on 11 Feb 2025

Index of Maintenance Judgments which fail to follow RvN and AvJ Judgement is here.

Posted in High Court of Orissa Judgment or Order or Notification | Tagged 1-Judge Bench Decision Nabaghana Sahoo Vs Smruti Prava Sahoo and Anr Not followed Guidelines in Rajnesh Vs Neha Judgment PWDV Act Sec 12(5) - Dispose In 60 Days | Leave a comment

Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025

Posted on February 15 by ShadesOfKnife

A single judge of Orissa HC reduced the maintenance amount granted by a Trial Court.

From Para 4,

4. Law never appreciates those wives, who remain idle only to saddle the liability of paying maintenance on the husband by not working or not trying to work despite having proper and high qualification. It is found in this case that the OP-wife had earlier worked in some media houses and she has got definite prospect to work and earn her livelihood. The intention and objective of legislature in enacting Section 125 of CrPC is to provide succor to those wives, who are unable to maintain themselves and have no sufficient income for their sustenance. The social objective behind the provision for grant of maintenance, if considered on the admitted facts as discussed in this case, it would go to disclose the wife’s need and requirement to be balanced not only with the income and liability of the husband, but also has to be considered on the backdrop of the education and prospect of the wife to earn.

Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025

Index of maintenance judgment u/s 144 BNSS here.

Posted in High Court of Orissa Judgment or Order or Notification | Tagged 1-Judge Bench Decision BNSS Sec 144 - Order for maintenance of wives children and parents CrPC 125 or BNSS 144 - Maintenance Reduced Madan Kumar Satpathy Vs Priyadarshini Pati Misuse of Women-Centric Laws | Leave a comment

Subhranshu Rout @ Gugul Vs State of Odisha on 23 Nov 2020

Posted on November 25, 2020 by ShadesOfKnife

Single judge bench of Orissa High Court, in this bail matter, held that right to be forgotten (or left alone) is part of bouquet of rights enshrined in Article 21 of the Constitution.

From Para 5,

5. While examining the pages of the case records, prima facie, it appears that the petitioner has uploaded the said photos/videos on a social media platform i.e. Facebook and with the intervention of the police, after some days, he deleted the said objectionable contents from the Facebook. In fact, the information in the public domain is like toothpaste, once it is out of the tube one can’t get it back in and once the information is in the public domain it will never go away. Under the Indian Criminal Justice system a strong penal action is prescribed against the accused for such heinous crime but there is no mechanism available with respect to the right of the victim to get the objectionable photographs deleted from the server of the Facebook. The different types of harassment, threats and assaults that frighten citizens in regard to their online presence pose serious concerns for
citizens. There is an unprecedented escalation of such insensitive behavior on the social media platforms and the victim like the present one could not get those photos deleted permanently from server of such social media platforms like facebook. Though the statute prescribes penal action for the
accused for such crimes, the rights of the victim, especially, her right to privacy which is intricately linked to her right to get deleted in so far as those objectionable photos have been left unresolved. There is a widespread and seemingly consensual convergence towards an adoption and enshrinement of the right to get deleted or forgotten but hardly any effort has been undertaken in India till recently, towards adoption of such a right, despite such an issue has inexorably posed in the technology dominated world. Presently, there is no statute in India which provides for the right to be forgotten/getting the photos erased from the server of the social media platforms permanently. The legal possibilities of being forgotten on line or off line cries for a widespread debate. It is also an undeniable fact that the implementation of right to be forgotten is a thorny issue in terms of practicality and technological nuances. In fact, it cries for a clear cut demarcation of institutional boundaries and redressal of many delicate issues which hitherto remain unaddressed in Indian jurisdiction. The dynamics of hyper connectivity- the abundance, pervasiveness and accessibility of communication network have redefined the memory and the prescriptive mandate to include in the technological contours is of pressing importance.

From Para 14,

14. Section 27 of the draft Personal Data Protection Bill, 2018 contains the right to be forgotten. Under Section 27, a data principal (an individual) has the right to prevent continuing disclosure of personal data by a data fiduciary. The aforesaid provision which falls under Chapter VI (Data Principal Rights) of the Bill, distinctly carves out the “right to be forgotten” in no uncertain terms. In terms of this provision, every data principal shall have the right to restrict or prevent continuing disclosure of personal data (relating to such data principal) by any data fiduciary if such disclosure meets any one of the following three conditions, namely if the disclosure of personal data:
(i) has served the purpose for which it was made or is no longer necessary; or
(ii) was made on the basis of the data  principal’s consent and such consent has since been withdrawn; or
(iii) was made contrary to the provisions of the bill or any other law in force.
In addition to this, Section 10 of the Bill provides that a data fiduciary shall retain personal data only as long as may be reasonably necessary to satisfy the purpose for which it is  processed. Further, it imposes an obligation on every data fiduciary to undertake periodic reviews in order to  determine whether it is necessary to retain the personal data in its possession. If it is not necessary for personal data to be retained by a data fiduciary, then such personal data must be deleted in a manner as may be specified.

 

Subhranshu Rout @ Gugul Vs State of Odisha on 23 Nov 2020

Index of Article 21 case laws is here.

Posted in High Court of Orissa Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 21 - Protection of life and personal liberty CrPC 439 - Special powers of High Court or Court of Session regarding bail Right to be Forgotten Right to be left alone Right to Personal Liberty Subhranshu Rout @ Gugul Vs State of Odisha | Leave a comment

Ishika Patnaik Vs National Law University of Odisha and Ors on 20 Oct 2020

Posted on October 31, 2020 by ShadesOfKnife

Orissa High Court held the NRIS Quota as an affront and unconstitutional.

11. Before parting with this case, we are constrained to observe that the NRIS category is an affront to the meritorious candidates who toiled day night to secure seats in NLUs through CLAT. The candidates belonging to the category of NRI/NRIS, who are very low ranked in the merit list often gets seat in the NLUs whereas the general candidates having secured better marks also lag behind the NRIS students and get disappointed. This is like the reservation for the elite class and this dubious category of quota is unconstitutional. The eligibility and selection under this category are unregulated, illegal and arbitrary. Even the apex court has observed in P. A. Inamdar vs. State of Maharashtra that admissions under this category is given to less meritorious students just because they could afford to pay the higher fees demanded by the University. The Consortium of NLUs, the Bar Council of India and all the stake holders involved in the process should revisit the so-called NRIS quota and prepare a proper regulation and system while implementing this quota. Several studies reveal that the selection process under this NRIS quota is quite vague, undefined and is based on inconsistent parameters. This Court calls upon the relevant stake holders especially the Bar Council of India, which is mandated to regulate the legal education in this country to ensure that a uniform and well-defined parameter are adopted so that the meritorious candidates do not suffer. The elitist approach to selected group in CLAT Admission process must be restricted. It is imperative that this issue needs to be settled within a shortest possible time to assuage the pains of the unselected due to poor rank.

Ishika Patnaik Vs National Law University of Odisha and Ors on 20 Oct 2020
Posted in High Court of Orissa Judgment or Order or Notification | Tagged Ishika Patnaik Vs National Law University of Odisha and Ors Law or Provision is Alleged as Unconstitutional | Leave a comment

Rajani Kanta Padhi Vs State of Orissa and Others on 02 July 2010

Posted on June 30, 2019 by ShadesOfKnife

Based on Arun Vyas judgment from Apex Court, High Court of Orissa held as,

From Para 8,

There is no dispute over the proposition that offence under  Section 498-A of the I.P.C. is a continuing offence. The victim would have a new starting point of limitation on each occasion on which she was subjected to cruelty. Period of limitation has, therefore, to be computed from the last act of cruelty committed against the victim. In this context, decision in Arun Vyas and another v. Anita Vyas (supra) may be referred to. Section 498-A of the I.P.C. provides that a person for commission of offence thereunder shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Section 406 of the I.P.C. provides that whoever commits criminal breach of trust shall be punished with imprisonment  of either description for a term which may extend to three years, or with fine, or with both. Therefore, period of limitation for taking cognizance of commission of offences under Sections 498-A as well as 406 of the I.P.C. is three years as provided under Section 468 (2)(c) of the Cr.P.C.

From Para 11,

In Arun Vyas and another v. Anita Vyas (supra) also it was held that offence under Section 498-A of the I.P.C. is a continuing offence and that there would be a new starting point of limitation on each occasion on which the victim was subjected to cruelty. It was specifically held that the last act of cruelty was committed when the victim was forced to leave matrimonial home.

From Para 12,

12.
Thus, in view of nature of offence under Section 498-A of the I.P.C., it has been consistently highlighted that court should adopt liberal approach in favour of extending of period of limitation under Section 473 of the Cr.P.C. However, it is now well-settled that while taking cognizance after expiry of period of limitation, the Magistrate has to pass a speaking order assigning reasons for exercise of the discretion under Section 473 of the Cr.P.C.

 

Rajani Kanta Padhi vs State Of Orissa And Others on 02 July 2010

Citation: [

Other Source links:

https://indiankanoon.org/doc/913921/

https://www.lawyerservices.in/Rajani-Kant-Padhi-Versus-State-of-Orissa-2010-07-02

Posted in High Court of Orissa Judgment or Order or Notification | Tagged CrPC 472 - Continuing offence Rajani Kanta Padhi Vs State Of Orissa And Others

Sanjaya Narayan Sahoo Vs State Of Odisha on 1 May, 2018

Posted on May 8, 2018 by ShadesOfKnife

Another instance of advocate fraud this time whereby an advocate demanding percentage on the permanent alimony is against professional ethics which is not permissible in law.

 

Sanjaya Narayan Sahoo vs State Of Odisha on 1 May, 2018
Posted in High Court of Orissa Judgment or Order or Notification | Tagged Advocate Antics Sanjaya Narayan Sahoo Vs State Of Odisha | Leave a comment

Pritipadma Pradhan Vs Debasish Pradhan on 20 August, 2014

Posted on May 2, 2018 by ShadesOfKnife

In this order from Orissa High Court, permanent alimony for Knife is increased from 12 Lakhs to 20 Lakhs under Section 19 of the Family Courts Act, 1984

 

Ruby @ Pritipadma Pradhan vs Debasish Pradhan on 20 August, 2014
Posted in High Court of Orissa Judgment or Order or Notification | Tagged HM Act 25 – Permanent Alimony Enhanced Pritipadma Pradhan Vs Debasish Pradhan | Leave a comment

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