Asking High Court To Set Aside Affidavit Filed By Opposite Party Before Another Forum ‘Preposterous’: Karnataka HC
2 years, 1 month ago

Asking High Court To Set Aside Affidavit Filed By Opposite Party Before Another Forum ‘Preposterous’: Karnataka HC

Live Law  

The Karnataka High Court has termed as ‘preposterous’ a petition filed by one Cheluvraju seeking to declare an affidavit filed by the Government of India before the Central Information Commission in his application, as bad in law. Following the affidavit filed by the Ministry of Housing and Urban Affairs the application made by the petitioner came to be dismissed. However, the petitioner approached the court to declare the affidavit filed by the Ministry to be bad in law and did not challenge the order passed by the Central Information Commission. A single judge bench of Justice M Nagaprasanna said “In effect, the petitioner seeks a writ at the hands of this Court to set aside the affidavit filed by the second respondent before the Central Information Commission.” Following which it observed “The prayer that is sought is preposterous to say the least.

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History of this topic

Only Election Commission has right to register complaint against candidate for filing false affidavit: Karnataka High Court
1 week, 2 days ago

Only Election Commission has right to register complaint against candidate for filing false affidavit: Karnataka High Court

The Hindu  

Only the Election Commission has the right to register a complaint for the offence under Section 125A of the Representation of the People Act, 1951, for filing a false affidavit by the candidate while filing nomination papers to contest elections, the High Court of Karnataka has ruled. “Section 195 of the Code of Criminal Procedure mandates that no court shall …

Karnataka High Court Reserves Order On Interim Plea To Stay Notification Appointing State CIC, Information Commissioners
1 month ago

Karnataka High Court Reserves Order On Interim Plea To Stay Notification Appointing State CIC, Information Commissioners

Live Law  

The Karnataka High Court on Tuesday reserved its order on the interim prayer seeking to stay the operation of the notification dated January 30, issued by the State Government, appointing State Chief Information Commissioner and Information Commissioners. Justice R Devdas heard the parties and reserved its order on the petition filed by K Mallikarjuna Raju, it said “Heard reserved for …

S. 91 CRPC | Accused Cannot Be Directed To Secure Documents Related To Case From Authorities Using RTI Act: Karnataka HC
1 month ago

S. 91 CRPC | Accused Cannot Be Directed To Secure Documents Related To Case From Authorities Using RTI Act: Karnataka HC

Live Law  

The Karnataka High Court has said that an accused should not be driven for securing documents related to his case under the Right to Information Act, when an application is filed under Section 91 of the Criminal Procedure Code. A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by the pontiff of Murugha Mutt of Chitradurga, …

Appointment of information commissioners subject to outcome of petition questioning selection process: Karnataka High Court
1 month, 2 weeks ago

Appointment of information commissioners subject to outcome of petition questioning selection process: Karnataka High Court

The Hindu  

The High Court of Karnataka on Tuesday said that the appointments to the post of State Chief Information Commissioner and seven posts of State Information Commissioners are subject to final outcome of the petition, which has questioned the legality of the process of selection to the respective posts. The court also made it clear to the government and the newly-appointed …

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates
4 months ago

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a person filing a private complaint before the Magistrate court has to file a sworn affidavit in support of the complaint. A Single judge, Justice Mohammad Nawaz, held thus while allowing a petition filed by Parvati Sharanappa and another person and quashed the FIR and private complaint initiated by Rayappa Jangali against them …

"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application
7 months, 3 weeks ago

"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application

Live Law  

The Kerala High Court stated that the Kerala Public Service Commission has the power to destroy records in accordance with the Office Manual prescribing record preservation procedures and Rules made under the Kerala Destruction of Records Act. If in such event it is brought to the notice of the State Information Commission that during the pendency of an application for …

Karnataka High Court Refuses To Quash Proceedings Against Congress MLA Zameer Ahmed Khan In Disproportionate Assets Case
1 year, 4 months ago

Karnataka High Court Refuses To Quash Proceedings Against Congress MLA Zameer Ahmed Khan In Disproportionate Assets Case

Live Law  

The Karnataka High Court has dismissed a petition filed by Congress party legislator Zameer Ahmed Khan, seeking to quash proceedings initiated against him under the provisions of the Prevention of Corruption Act, for allegedly possessing assets disproportionate to his known source of income. A single judge bench of Justice M Nagaprasanna said “A perusal at the source information report or …

RTI Act | Public Information Officer Cannot Challenge Appellate Authority's Order Directing It To Disclose Information: Karnataka High Court
1 year, 10 months ago

RTI Act | Public Information Officer Cannot Challenge Appellate Authority's Order Directing It To Disclose Information: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that under the Right to Information Act, a Public information Officer has no authority to prefer an appeal against an order passed by the Appellate Authority, directing him to furnish information to an applicant under the Act. A single judge bench of Justice N S Sanjay Gowda has said, “There is no …

PIO Can't Be Compelled To Furnish Information If RTI Application Doesn't Contain Particulars Of Information Sought: Karnataka High Court
2 years ago

PIO Can't Be Compelled To Furnish Information If RTI Application Doesn't Contain Particulars Of Information Sought: Karnataka High Court

Live Law  

The Karnataka High Court has issued guidelines to be followed by the Karnataka State Information Commission while deciding on applications made before it under the Right to Information Act. Complainant HT Giriyappa had made an application under Section 6 of the Right to Information Act seeking certain information regarding encroachment of gunduthopu, tank bund, halla kharab in respect of Haluvagilu …

State Information Commission Has No Power To Direct Removal Of Encroachment Under RTI ACT: Uttarakhand High Court
4 years, 2 months ago

State Information Commission Has No Power To Direct Removal Of Encroachment Under RTI ACT: Uttarakhand High Court

Live Law  

The Uttarakhand High Court on Thursday observed that the State Information Commission has got no power to direct for the removal of encroachment under the Right To Information Act, 2005. Background The Bench was hearing the plea of one Manju Agarwal, who challenged the order dated 08th August 2016 passed by State Information Commission directing Nagar Palika Parishad, Kotdwar to …

[Denial Of Info. Under RTI] 'Take Action Against Officer Under RTI Act Who Acted In A Callous Manner ', Gujarat HC Directs SIC [Read Order]
4 years, 6 months ago

[Denial Of Info. Under RTI] 'Take Action Against Officer Under RTI Act Who Acted In A Callous Manner ', Gujarat HC Directs SIC [Read Order]

Live Law  

The Gujarat High Court on Thursday directed the State Information Commissioner to initiate proceedings under Section 20 of the Right to Information Act. Kogje observed, "The Court is of the view that this is a fit case where the proceedings under Section 20 of the Right to Information Act needs to be initiated in view of non-compliance of the order …

Central Info Commissioner Should Have The Status Of Chief Election Commissioner; Do Not Select Bureaucrats Only For The Post: SC
6 years, 1 month ago

Central Info Commissioner Should Have The Status Of Chief Election Commissioner; Do Not Select Bureaucrats Only For The Post: SC

Live Law  

The Supreme Court today issued a slew of directives regarding the filling up of vacancies in Central and State Information Commissions under Right To Information Act.The key directions passed by the bench of Justices A K Sikri and Abdul Nazeer are :Chief Information Commissioner should have the status of Chief Election CommissionersInformation Commissioners should not be just bureaucrats,. The Supreme …

SC Issues Notice On PIL Seeking Filling Up Of Vacancies In Centre, State Information Commissions
6 years, 8 months ago

SC Issues Notice On PIL Seeking Filling Up Of Vacancies In Centre, State Information Commissions

Live Law  

The Supreme Court has issued notice to Central and State Governments in the Public Interest Litigation filed seeking the filling up of vacancies of Information Commissioners under the Right to Information Act.A Two Judge bench of Justice A.K Sikri and Justice Ashok Bhushan told ASG Pinky Amamd that it is a very serious issue. The Supreme Court has issued notice …

Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued [Read Petition]
7 years, 6 months ago

Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued [Read Petition]

Live Law  

The Supreme Court, on Friday, issued notice to the Centre and the Election Commission of India on a Petition seeking greater transparency in election process by making it mandatory for candidates to furnish documents along with an affidavit on information relating to criminal offences.A Bench led by Chief Justice Dipak Misra directed the respondents to file a response within four …

SC To Examine Whether Court Documents Can Be Availed Through RTI
7 years, 7 months ago

SC To Examine Whether Court Documents Can Be Availed Through RTI

Live Law  

A special leave petition preferred by the Chief Information Commission, Gujarat Information Commission, is seen pending in the Supreme Court that poses a relevant question as to whether certified copy of court documents can be availed of through an RTI application. The Chief Information Commission and Gujarat Information Commission had assailed a Gujarat High Court order wherein it held that …

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