Karnataka High Court Weekly Roundup: March 17 To March 23, 2025

Citation No: 2025 LiveLaw (Kar) 105 to 2025 LiveLaw (Kar) 116Nominal Index:RAHUL SIVASANKAR AND CRIMINAL INVESTIGATION DEPARTMENT & ANR. 2025 LiveLaw (Kar) 105Karnataka Hire Purchase Association AND State of Karnataka. 2025 LiveLaw (Kar) 106Savitha Gowda AND State of Karnataka. 2025 LiveLaw (Kar) 107PADMA MALINI G. RAO & ANR AND RAVI KARUMBAIAH. 2025 LiveLaw (Kar) 108Avinash AND State...

Fresh Disciplinary Enquiry After Submission Of Enquiry Report Impermissible: Patna HC

Patna High Court: A single judge bench of Justice Arvind Singh Chandel set aside an order for fresh disciplinary enquiry against a government servant, finding it impermissible under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. The court held that after submission of an enquiry report, the disciplinary authority has limited options and cannot start a...

Indian Army's Core Function Of National Security Is A Sovereign Function, Cannot Be Categorized As 'Industry': J&K High Court

The Jammu and Kashmir High Court ruled that the Army does not fall within the definition of an 'Industry' and thus, the Labour Court, which had ruled in favor of the writ petitioners serving as porters in the Indian Army, ordered their reinstatement with full back wages, had no jurisdiction to entertain the case.The court said that it was not the case of the writ petitioners that their role...

Court's Jurisdiction U/S 11(6) Of A&C Act Is Decided Under CPC When No Seat Or Venue Is Specified In Arbitration Agreement: Delhi High Court

The Delhi High Court bench of Justice Manoj Kumar Ohri has held that in the absence of a specified seat or venue in the Arbitration Agreement, the court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) is determined by Sections 16 to 20 of the Civil Procedure Code, 1908 (CPC). The relevant factors include where the respondent resides or...

Convenience Of Litigants Weighs More Than Convenience Of Advocates: AP High Court Dismisses Plea Challenging Shifting Of Sessions Court

The Andhra Pradesh High Court has dismissed a writ petition challenging a Government Order that envisaged shifting of the Court of VI Additional District Sessions Court, Machilipatnam to Avanigadda.A Division Bench comprising Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati, while noting the distance between Avanigadda and Machilipatnam being roughly 35 kms, held,“Litigants from...

State Rules Violate NCTE Regulation: MP High Court Strikes Down 2nd Division In Masters Degree Criteria For Selecting High School Teachers

The Madhya Pradesh High Court has struck down the eligibility criteria for selecting High School Teachers in the Education Department which required a second division in Masters Degree, finding it "ultra vires", "manifestly arbitrary" and contrary to the National Council for Teacher Education (NCTE) Regulations.In doing so that the court underscored that the NCTE's regulations would have...

MP High Court Questions Deputation Of Veterinary Doctor As 'Health Officer' Without MBBS Degree, Says It Speaks Volumes About Manner Of Postings

The Madhya Pradesh High Court has expressed concern over the manner in which a veterinary doctor was sent on deputation as a Health Officer in Gwalior Municipal Corporation–a "non-existing post", specially when he did not have an MBBS degree which is the minimum qualification. The Court further directed the state authorities to clarify as to how they posted a veterinary doctor against a...

Have Formed 12-Member Panel To Issue Guidelines Regulating Spas, Massage Centres & 'Cross-Gender' Massages: State Govt To Bombay HC

The Bombay High Court was on Friday informed that the Maharashtra government has constituted a committee of 12 members to formulate guidelines for regulating the operations of spas, massage centres, therapy and wellness centres across the State including 'cross-gender' massages. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale was informed that the State has issued...

Senior Advocate N Hariharan Elected As President Of Delhi High Court Bar Association

Senior Advocate N Hariharan has been elected as the President of Delhi High Court Bar Association (DHCBA) with 2967 votes. The elections were held on March 21. Senior Advocate Kirti Uppal secured the second position with 2880 votes. Senior Advocates Abhijat and Vivek Sood secured 1429 and 339 votes respectively. Senior Advocate Sacchin Puri has been elected as the Vice President of DHCBA...

S. 148 NI Act | Condition Imposing 20% Deposit Of Compensation Must Not Be Unjust Or Deprive Right To Appeal: Allahabad High Court

The Allahabad High Court has reiterated that while passing an order imposing the condition of depositing 20% of the compensation amount under Section 148 of the Negotiable Instruments Act, the court has to consider that such a condition won't be unjust or would deprive the individual's right of appeal. In doing so the court said that the imposition of the condition is not mandatory and the...

Court Can Appoint Arbitrator U/S 11(6) Of Arbitration Act If MSME Council Fails To Initiate Mediation U/S 18 Of MSMED Act: Delhi HC

The Delhi High Court bench of Justice Jasmeet Singh has held that When the Facilitation Council under the Micro, Small, and Medium Enterprises Development Act (MSMED Act) fails to initiate the mediation process under Section 18 of the MSMED Act, the court can appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Brief...

'Unacceptable': Gujarat High Court Imposes ₹2 Lakh Cost On Man For Joining VC Hearing From Lavatory

The Gujarat High Court has imposed a cost of Rs. 2 Lakh on a man for attending court proceedings through video conferencing from a lavatory and has further asked him to perform community service by cleaning the gardens in the high court premises for two weeks. In doing so the court rejected the man's contention that he had used the high court's website for the first time and thus committed...