Karnataka High Court
Law Book Publishers Who Print Statutes Should Be Extra Cautious, Any Mistakes May Invite Contempt Or Perjury Proceedings: Karnataka High Court
The Karnataka High Court has said that those who print & publish statutes and statutory instruments should be extra cautious or else, they run the risk of being hauled up for contempt of court, perjury & the like offences in addition to being black-listed from public tenders for the supply of books of their publication.A division bench of Chief Justice N V Anjaria and Justice Krishna...
Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court
A single judge bench of the Karnataka High Court comprising of Justice K.S. Hemalekha while deciding a Civil Writ Petition in the case of T.Y. Subramani vs Divisional Controller, K.S.R.T.C. has held that by mere passage of time, a fraudulent practice would not get any sanctity, and equity jurisdiction cannot be exercised in such cases as a person who seeks equity must act in a fair and...
Lokayukta, UpaLokayukta Are Merely Recommendatory Bodies, Can't Direct For Enquiry To Be Entrusted To Them: Karnataka High Court
The Karnataka High Court has held that the State Government possesses the power to entrust the handling of a disciplinary enquiry in respect of an employee of the Karnataka State Pollution Control Board to the Lokayukta or Upa-Lokayukta under Rule 14-A of the CCA Rule.Further, it held that the recommendation by the Lokayukta to the Government, while making a report under Section 12(3) of...
Simultaneous Proceedings Permissible Under Arbitration Act And Negotiable Instruments Act: Karnataka High Court
The Karnataka High Court single bench of Justice Anil B Katti held that simultaneous proceedings can be carried on under the Arbitration and Conciliation Act, 1996 and Section 138 of the Negotiable Instruments Act. The bench further held that a party cannot be acquitted solely on the basis of presence of an arbitration agreement. Brief Facts: The matter pertained to M/s....
Section 47 Of The CPC Does Not Apply To Proceedings For Enforcement Of Arbitral Award: Karnataka High Court
The High Court of Karnataka has held that Section 47 of the CPC does not apply to proceedings for enforcement of arbitral award. The bench of Justice C.M. Poonacha held that an arbitral award can only be challenged on the grounds mentioned under Section 34 of the Act and not otherwise. It held that the award is deemed to be a decree for the purpose of the enforcement, however,...
Parties Not Signatories To Joint Venture Agreement Cannot Be Forced To Arbitration Proceedings: Karnataka High Court
The Karnataka High Court single bench of Justice M G Uma held that the parties not signatories to the Joint Venture Agreement, stipulating the arbitration clause, cannot be forced to arbitration proceedings. Brief Facts: The Platintiff approached the Karnataka High Court (“High Court”) and filed a writ of certiorari to annul the order to refer the dispute to the Arbitrator...
Lok Adalats Can't Entertain Any Applications Where Judicial Orders Are Required To Be Passed: Karnataka High Court
The Karnataka High Court has held that an order passed by the Lok-Adalat accepting the compromise and directing the decree of the suit is not valid. A single judge bench of Justice V Srishananda allowed the petition filed by one Pooja and quashed the compromise decree dated 27-10- 2007 passed by the Taluka Legal Authority, Sindagi (Lok Adalat). It said, “Since the...
Article 311(1) Guarantees Safeguards To Govt Employees Including Right To Fair Enquiry Before Any Adverse Action Is Taken: Karnataka High Court
The Karnataka High Court has set aside the penalty of compulsory retirement imposed on an Assistant Professor, by the Executive Council of the Visvesvaraya Technological University. A single judge bench of Justice Sachin Shankar Magadum allowed the petition filed by Dr.Yogananda A and said, “The impugned penalty of compulsory retirement passed by the respondent No.2 as per...
Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court
The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act on the ground that cognizance had already been taken of the complaint. A single judge bench of Justice Mohammad Nawaz allowed the plea challenging the order...
Rights Of Adopted Children Of Citizens Can't Be Marooned: Karnataka HC Directs CARA To Consider Granting NOC For Child Adopted From Non-Hague Convention Country
The Karnataka High Court has directed the Central Adoption Resource Authority (CARA) to consider the representation of a couple who are Indian Citizens and have adopted a child in Uganda, a country which is not a signatory to the Hague Convention 1995 and seeking to legalise the adoption in India in terms of Juvenile Justice (Care and Protection of Children) Act, 2015 and the...
Second Spouse Or Their Family Can't Be Prosecuted For Bigamy Under Section 494 IPC: Karnataka High Court
The Karnataka High Court has made it clear that it is only the husband or wife who marries for the second time during the subsistence of an earlier marriage and the life time of the earlier spouse, who can be prosecuted under Section 494 of the Indian Penal Code.A single judge bench of Justice Suraj Govindaraj added that the second spouse or their parents can't be prosecuted under...
Superintendent In Medical Institution Cannot Hold Additional Charge Of Head Of Department: Karnataka High Court
The Karnataka High Court has held that a Medical Superintendent of an Autonomous Medical Institution cannot be given an additional charge of Head of Department.A single-judge bench of Justice Sachin Shankar Magadum allowed the petition filed by Dr. Sridhara S and quashed the official memorandum issued by the Shivamogga Institute of Medical Sciences appointing Dr. T.D. Thimmappa as an...