Topic
The Orissa High Court quashed the Collector's eviction order and show cause notice, holding that under the OPLE Act, 1972 only the Tahasildar may issue eviction notices after giving reasonable opportunity. The ruling affects landowners and authorities in Odisha, clarifying that eviction proceedings must commence at the Tahasildar level, not the Collector.
The Orissa High Court found the arrests invalid for breaching the 24-hour production rule under Article 22(2) and therefore granted bail under Sec 483 BNSS, extending the constitutional safeguard to the two NDPS-charged accused.
The Orissa High Court ruled that Section 41(e) of the Specific Relief Act prevents an injunction restraining termination of a personal service contract, so the bank could not be barred from dismissing the senior employee. It also clarified that Article 227 cannot replace the statutory appeal under Order 43 Rule 1 CPC, limiting interim relief in employment termination disputes.
Orissa High Court underscores that bail for commercial quantity offences under the NDPS Act requires explicit satisfaction of Section 37 conditions, irrespective of co-accused bail grants. The ruling reinforces that parity claims fail when statutory compliance is absent in prior bail orders, setting a strict precedent for drug trafficking cases involving large quantities.
Orissa High Court reaffirms that under Article 226(2) of the Constitution, a writ petition can only be entertained if the cause of action arises within the court's territorial jurisdiction. Mere residence of the petitioner is insufficient to confer jurisdiction, reinforcing the principle of forum conveniens for constitutional remedies.
Orissa High Court rules that courts must mandatorily consider probation under Section 4 of the Probation of Offenders Act for offences not punishable with death or life imprisonment. Failure to do so constitutes a legal error, as seen in the case where the petitioner's conviction was set aside and probation granted with Rs. 3,000 compensation.
Orissa High Court rules that a dying declaration can be the sole basis for conviction under Section 302 IPC even without medical certification of fitness or corroborative evidence, provided the declaration is found reliable. This reinforces the evidentiary value of dying declarations in homicide cases, impacting prosecution strategies and trial standards.