Karnataka High Court Monthly Digest: December 2024 [Citations: 490 - 532]

Citation 2024 LiveLaw (Kar) 490 to 2024 LiveLaw (Kar) 532Nominal IndexUnion of India & Others AND Government of Karnataka & Others. 2024LiveLaw (Kar) 490DODDABALLAPUR SPINNING MILLS AND THE BANKING OMBUDSMAN & Others. 2024 LiveLaw (Kar) 491Sourish Bose & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 492Naleen Kumar Kateel v State of Karnataka. 2024 LiveLaw...

Civil Court Has Jurisdiction To Pass Injunctive Relief In Industrial Disputes: Madras HC

Madras High Court: A single judge bench consisting Justice V. Lakshminarayanan allowed a civil revision petition against a District Munsif's order that refused to pass an injunction against TAW Footwear Division. The Munsif had rejected the plaint holding that the matter was an industrial dispute and fell exclusively within the Labour Court's jurisdiction. However, the court ruled that...

Allahabad HC Dismisses PIL Against Motion To Impeach Justice Shekhar Yadav Over His VHP Event Speech

The Allahabad High Court today DISMISSED a Public Interest Litigation (PIL) plea filed against an impeachment motion submitted to the Rajya Sabha Secretary General by 55 MPs seeking the impeachment of Justice Shekhar Yadav over the speech delivered by him at Prayagraj on December 8 at an event organised by the Vishwa Hindu Parishad (Legal Cell).A bench of Justice Attau Rahman Masoodi and...

Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur

The Karnataka High Court has upheld the notifications issued by the Bangalore Development Authority to acquire land for construction of Peripheral Ring Road-II, between Hosur-Mysore Road and Tumakur Road.Single judge Justice E S Indiresh upheld the Preliminary as well as the Final Notifications issued in 2005 and 2011 respectively, under Section 24 of the Right to Fair Compensation...

Judicial Restraint Paramount For Cognizance In Medico-Legal Cases: Rajasthan HC Exonerates Doctors Charged Of Forging Pathological Report

The Jodhpur bench of the Rajasthan High Court has underscored that in cases concerning doctors/hospital administration involving allegations of forging pathological reports, meticulous judicial scrutiny was required before taking cognizance, especially when the doctor had not refuted the authenticity of the signatures.Justice Farjand Ali opined that the risk of invoking presumptions under...

S.21 POCSO Act | Doctor Not Responsible To 'Verify' Age Of Victim Or 'Ascertain' If Offence Has Been Committed: Madras High Court

The Madras High Court has recently observed that a Doctor does not have a responsibility to 'verify' or 'ascertain' the age of a victim brought in for abortion, for the purposes of reporting crime under POCSO Act.Section 19 of the POCSO Act put a legal obligation on a person to inform the relevant authorities when he/she has knowledge that an offence under the Act had been committed. Section...

Pensionary Benefits For Contractual Period Before Regularization Must Include Annual Increments : Himachal Pradesh High Court

A single judge bench of the Himachal Pradesh High Court comprising of Justice Jyotsna Rewal Dua, held that the direction to count the contractual service for pension requires the inclusion of annual increments for the relevant period in the pension calculation. Background Facts The petitioner was working as a Trained Graduate Teacher (TGT) on the contractual basis. Later his...

Bombay High Court Frowns Upon Cop Sending Facebook Friend Request To Complainant Woman, Orders Enquiry Against Him

The Bombay High Court on Monday (January 6) ordered enquiry against a Police Sub-Inspector (PSI), who sent a friend request to a complainant woman on social media platform - FaceBook (FB).A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale questioned the motive of the PSI in sending a friend request to the complainant woman on FB."How can you send a friend request to a woman...

'Glaring Malpractice': Madhya Pradesh HC Pulls Up Secondary Education Board For Incorrect Evaluation Of Student's Answer Copy, Fines ₹25,000

The Jabalpur Bench of Madhya Pradesh High Court recently pulled up MP Board of Secondary Education for "glaring malpractice" in the evaluation of a Class 12 student's examination copy and directed the Board to pay cost of Rs. 25000 to the student for the irresponsible treatment meted out to him. Justice Vivek Jain observed, “The Board which deals with adolescent students cannot...

Bombay High Court Slams Parents For Seeking Termination Of Their "Mentally Unstable" Adopted Daughter's 20-Week Pregnancy

The Bombay High Court on Friday (January 3) pulled up a sexagenarian couple, who moved the court seeking permission for aborting the 20-week pregnancy of their adopted daughter, whom they claimed is "mentally unstable."A division bench of Justice Ravindra Ghuge and Justice Rajesh Patil was irked to note that the senior citizen couple, who adopted the girl in 1998, allowed the girl to be away...

Accused Having Ties With Ruling Political Party Not Ground To Transfer Probe From State Agency To CBI: Kerala HC In ADM Naveen Babu's Case

While refusing to order CBI probe into former Kannur ADM Naveen Babu's death, the Kerala High Court today observed that accused merely having ties with the ruling political dispensation is not ground to transfer investigation from the hands of the State investigation agency.PP Divya, a member of Communist Party of India (Marxist) which has currently formed government in Kerala is accused...

Failure To Comply With Condition Not Specified In Recruitment Rules Or Advertisement, Can't Justify Rejection Of Candidate's Appointment: Chhattisgarh HC

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that failure to comply with a condition which was not stipulated in the recruitment rules or advertisement, cannot serve as a valid ground for rejecting a candidate's appointment. Background Facts The Directorate Of Employment And Traning Department, Raipur issued an advertisement...