Karnataka High Court Weekly Roundup: March 10 To March 16, 2025

Citation No: 2025 LiveLaw (Kar) 94 to 2025 LiveLaw (Kar) 104Nominal Index:Vinod Kumar M N AND Union of India & Others. 2025 LiveLaw (Kar) 94Devendra Bhatia AND State of Karnataka & Others. 2025 LiveLaw (Kar) 95B C Prasad & ANR AND The District Registrar And Deputy Commissioner of Stamps & Others. 2025 LiveLaw (Kar) 96Ismail Jabiulla & ANR AND State of Karnataka & ANR....

Writ Petition Is Not Maintainable When Effective And Efficacious Remedy In Form Of Arbitration Is Available: Calcutta High Court

The Calcutta High Court Bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya held that it cannot entertain a writ petition if an effective and efficacious remedy, in the form of arbitration, is available. It said that the High Court would normally exercise its jurisdiction in 3 contingencies namely (i) when the writ petition was filed for enforcement of any...

Domino's Trademark Infringement: Delhi High Court Orders Delisting Of Dominic Pizza, Domindo Pizza From Zomato & Swiggy

The Delhi High Court has restrained various restaurants from using the marks “Dominic Pizza” and “Domindo Pizza” while selling pizzas as well as in their packaging and menu cards in a trademark infringement suit filed by Domino's. Justice Mini Pushkarna further directed Swiggy and Zomato to de-list the listings of the outlets from their platforms. The Court said that Domino's...

Gujarat HC Calls For Report On Functioning Of State Educational Service Tribunal Over Claims Of Prolonged Proceedings, Lack Of VC Facility

The Gujarat High Court directed its Registrar General and education department's Chief Secretary to report on the functioning of the state Educational Service Tribunal after parties raised concerns on its functioning, installation of CCTV cameras and lack of virtual hearing facility leading to prolonged proceedings.A division bench of Justice A.S. Supehia and Justice Nisha Thakore...

Bombay High Court Grants Relief To Gautam Adani In 2012 Cheating Case Worth ₹388 Crore

In a reprieve for industrialist Gautam Adani, the chairman of Adani Enterprises and its Managing Director Rajesh Adani, the Bombay High Court today quashed a sessions court order which refused to discharge them in a Rs 388 crore alleged market regulations violation case.Single-judge Justice Rajesh Ladhha quashed the November 2019 order passed by a sessions court in Mumbai, which held that...

Telangana High Court Partly Stays Land Acquisition Notification For Setting Up Multipurpose Industrial Park In Vikharabad District

The Telangana High Court has suspended part of a Notification, issued to acquire land for setting up a Multiple purpose Industrial Park in Vikharabad District after certain land owners moved the court contending that the study for Determination of Social Impact and Public Purpose under the Land Acquisition Act could not be dispensed with.  Justice J. Sreenivas Rao passed the...

Approval Granted 30 Yrs Ago Can't Be Withdrawn On Ground That Post Was Not Created By Competent Authority: Allahabad High Court

Allahabad High Court has held that approval for a post sanctioned 30 years ago cannot be withdrawn only on grounds that it was not created by competent authority. It held that the person employed on such post cannot be denied salary after 30 years of continuous work and being paid without allegations of fraud or malpractice.Madarsa Jamia Alia Arabia Alinagar, Mau is a non-government...

Informing 'Grounds Of Arrest' To Accused Distinct From Mere Intimation Of Arrest: Gauhati High Court Issues Directives To Assam Police

The Gauhati High Court recently directed the Chief Secretary and Director General of Police, Assam, to ensure that when exercising the power to arrest without a warrant, the police or any other authority issues a notice to the arrestee under Section 47 of BNSS or any other relevant provision of a special law, stating the grounds of arrest. While hearing a bail application, the single judge...

Accused Can't Be Denied Certified Copy Of Documents Forming Part Of Chargesheet After Commencement Of Trial: Delhi High Court

The Delhi High Court has ruled that an accused cannot be denied the certified or attested copy of documents forming part of the chargesheet after commencement of trial. While granting relief to two accused persons, Justice Vikas Mahajan said:“Even assuming that copy of the hard disk in question was supplied to the accused persons at the stage of Section 207 Cr. P.C. proceedings, still the...

S.245 CrPC | Mandatory For Magistrate To Record Reasons While Allowing/Rejecting Discharge Petition Of Accused: Orissa High Court

The Orissa High Court has held that it is mandatory for the Magistrate to record reasons for not only allowing but also for rejecting a discharge petition filed by an accused under Section 245 of the Code of Criminal Procedure ('CrPC'). Clarifying the requirement under the provision of law, the Single Bench of Justice Sashikanta Mishra observed –“The language used in Section 245,...

Munambam Land Dispute| 'Issue Before Waqf Tribunal' : Kerala High Court Sets Aside Appointment Of Inquiry Commission

The Kerala High Court on Monday(17th March) allowed the petition challenging the appointment of Inquiry Commission to find a permanent solution in the dispute between the Munambam residents and the Waqf Board. Justice Bechu Kurian Thomas observed that the order of appointment has to be set aside as the matter was still pending before the Waqf Tribunal."However, as the issue is in...

Gestation Period Not Relevant For Termination Of Pregnancy If Medical Board Opines That There Exists Substantial Foetal Abnormality: Kerala HC

The Kerala High Court recently held that length of pregnancy is not a relevant consideration for permitting termination of pregnancy when the Medical Board opines that there is a substantial foetal abnormality.The Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar thus permitted appellant-mother to carry medical termination of pregnancy, where the gestation period...