State Human Rights Commission Can Only Recommend And Not Direct State Govt For Action Against Policemen: Karnataka High Court Reiterates
1 year ago

State Human Rights Commission Can Only Recommend And Not Direct State Govt For Action Against Policemen: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that the State Human Rights Commission can only recommend and not pass directions to the Government to act against policemen. A Division bench of Justice Krishna S Dixit and Justice CM Poonacha partly allowed the petition filed by C Girish Naik who works as Inspector of Police and said “The report dated 12.3.2020 issued by the fourth respondent shall not be treated as a direction but as a recommendation.” The petitioners had argued that in the report dated 12.3.2020, the Commission had issued certain recommendations and that a reading of the said recommendations disclose that they are in the nature of directions which is beyond the scope of Section 18 of the Protection of Human Rights Act, 1993. Section 18 of the Act specifically stipulates that where the inquiry discloses the violation of human rights, the Commission may "recommend" to the concerned Government or authority one of the measures stipulated under sub sections, and of Section 18. and a coordinate bench judgment in C. Gopal v. Karnataka State Human Rights Commission, the court allowed the petition in part and said, “The official respondents shall be at liberty to take suitable action as they may deem fit, based on the said report/recommendation dated 12.3.2020, in accordance with law.” Appearance: Advocate Satish K for Petitioners AGA Savithramma FOR R1 TO R3.

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History of this topic

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025
1 week, 6 days ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025

Live Law  

Supreme Court: S.156 CrPC v S.175 BNSS | BNSS Mandates Magistrate To Hear Police Officer On Refusal To Register FIR, Ensures Reasoned Order: Supreme Court Case Title: OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS. Kerala High Court: S.187 BNSS | Default Bail Can Be Granted After 60 Days For Offence Punishable With Imprisonment Which May Extend To …

Supreme Court Weekly Round-up: March 03, 2025 To March 09, 2025
Top News
2 weeks, 1 day ago

Supreme Court Weekly Round-up: March 03, 2025 To March 09, 2025

Live Law  

Nominal Index Citations In Re Recruitment of Visually Impaired In Judicial Services v. The Registrar General The High Court of Madhya Pradesh, SMW No. Case Details: Devinder Kumar Bansal v. The State of Punjab Citation: 2025 LiveLaw 291 The Supreme Court upheld the denial of anticipatory bail to a public servant accused of demanding illegal gratification. Case Details: Vijay Bahadur …

Karnataka High Court Quashes Centre's Order Debarring Retired Judge From Any Govt Appointments For 3 Years
1 month ago

Karnataka High Court Quashes Centre's Order Debarring Retired Judge From Any Govt Appointments For 3 Years

Live Law  

Justice R Devdas allowed the petition and said, “If the R2 would have followed procedures as contemplated in OM and vacancy circular, the R2 would have never issued such impugned order, debarring the petitioner. The impugned order is quashed and set aside.” Justice Desai has been appointed by the State Government as the One Man Commission of Inquiry, to probe …

Karnataka High Court Weekly Roundup: February 03 To February 09, 2025
Trending News
1 month, 2 weeks ago

Karnataka High Court Weekly Roundup: February 03 To February 09, 2025

Live Law  

Citation No: 2025 LiveLaw 38 to 2025 LiveLaw 51 Nominal Index: Rahul H M AND The Registrar & ANR. Ex-Parte Order Appointing Commissioner To Conduct Search/Seizure In IPR Infringement Cases Is To Preserve Evidence, Necessary: Karnataka HC Case Title: Newspace Research and Technologies Private Limited and Anirudh Putsala & others Case No: WP No.32999 OF 2024 Citation No: 2025 LiveLaw …

Human Rights Commissions Not 'Toothless Tigers', Their Recommendations Are Binding: Delhi High Court
1 month, 3 weeks ago

Human Rights Commissions Not 'Toothless Tigers', Their Recommendations Are Binding: Delhi High Court

Live Law  

The Delhi High Court has ruled that the recommendations of the State or National Human Rights Commissions are binding in nature and the purpose of enactment of the Human Rights Act would be nullified if they are held to be mere recommendatory bodies.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that holding that Human Rights …

Prior Sanction For Entertaining Private Complaint Under PC Act? Supreme Court To Hear Former Karnataka CM Yediyurappa's Pleas From February 28
2 months, 1 week ago

Prior Sanction For Entertaining Private Complaint Under PC Act? Supreme Court To Hear Former Karnataka CM Yediyurappa's Pleas From February 28

Live Law  

The Supreme Court on Friday said it will begin hearing matters pertaining to cases registered under Prevention of Corruption Act involving former Karnataka Chief Minister B.S Yediyurappa from February 28. In the 5 matters listed against the former Karnataka CM, arising out of five different factual backgrounds, the common issue raised is whether prior sanction would be. In the 5 …

CBI Doesn't Need State Govt's Consent To Register FIR Under Central Law Against Central Govt Employee Posted In That State : Supreme Court
2 months, 3 weeks ago

CBI Doesn't Need State Govt's Consent To Register FIR Under Central Law Against Central Govt Employee Posted In That State : Supreme Court

Live Law  

The Supreme Court on December 2 held that the Central Bureau of Investigation does not require permission from the State Government to register a First Information Report under the Central Legislation against a Central Government employee just because the employee happens to work within the territory of a particular State.In this case, two FIRs were registered against. The Supreme Court …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
7 months, 3 weeks ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

Human Rights Commission A Quasi-Judicial Body, Must Pass Reasoned Orders: Kerala High Court
8 months ago

Human Rights Commission A Quasi-Judicial Body, Must Pass Reasoned Orders: Kerala High Court

Live Law  

The Kerala High Court has held that the Human Rights Commission being a Quasi-Judicial Body is bound to follow the principles of natural justice and must pass reasoned orders after considering the merits of the complaint. Justice Syam Kumar V.M set aside an order issued by the Kerala State Human Rights Commission on finding that an unreasoned order was passed …

'Act Within Bounds Of Legal Authority': Karnataka HC Imposes 25K Cost On Asst Commissioner Of Senior Citizens Tribunal For Entertaining Frivolous Plea
8 months ago

'Act Within Bounds Of Legal Authority': Karnataka HC Imposes 25K Cost On Asst Commissioner Of Senior Citizens Tribunal For Entertaining Frivolous Plea

Live Law  

The Karnataka High Court has imposed a cost of Rs 25,000 on an Assistant Commissioner of the Maintenance and Welfare of Senior Citizen Protection Tribunal, for exceeding his jurisdiction, entertaining a frivolous application under Section 23 of the Senior Citizens Act and nullifying a sale deed entered into by parties. The court said “The Assistant Commissioner's overreach in this matter …

A state commission for sexual and gender minorities in Tamil Nadu
10 months, 1 week ago

A state commission for sexual and gender minorities in Tamil Nadu

Hindustan Times  

The Tamil Nadu State Planning Commission recently presented a draft version of the LGBTQIA+ policy. While epithets like ‘toothless tiger’ and ‘silent spectator’ have been used primarily against the NHRC, the situation of State Human Rights Commissions and 180+ statutory human rights commissions at the national and state level in India is even worse. In addition to PHRA 1993, the …

Karnataka High Court admonishes State authorities for externment of persons in blatant and blissful ignorance of law and violation of directions of courts
11 months, 2 weeks ago

Karnataka High Court admonishes State authorities for externment of persons in blatant and blissful ignorance of law and violation of directions of courts

The Hindu  

The High Court of Karnataka has admonished the authorities of the State government for consistently passing orders of externment of persons by “blatantly and blissfully ignoring” the provisions of the Karnataka Police Act, 1963, and in deliberate violation of the directions issued in a series judgements by the High Court and the Supreme Court. Making it clear that “Any repetition …

Lokayukta, UpaLokayukta Are Merely Recommendatory Bodies, Can't Direct For Enquiry To Be Entrusted To Them: Karnataka High Court
11 months, 3 weeks ago

Lokayukta, UpaLokayukta Are Merely Recommendatory Bodies, Can't Direct For Enquiry To Be Entrusted To Them: Karnataka High Court

Live Law  

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. It was said “Rule 14-A of the CCA Rules provides for entrusting the enquiry in …

No powers with Lokayukta to insist on taking over probes: Karnataka HC
11 months, 3 weeks ago

No powers with Lokayukta to insist on taking over probes: Karnataka HC

New Indian Express  

BENGALURU: The Karnataka High Court has said that the Karnataka Lokayukta has the power to recommend to the state government to conduct a departmental enquiry against a delinquent official under Section 12 of the Karnataka Lokayukta Act, but it does not have powers to recommend that the inquiry should be entrusted only to it. The government, under Rule 14-A of …

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 12 to 18]
1 year, 1 month ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 12 to 18]

Live Law  

Administrative Law Recruitment - Reserved Female Category - Non-Creamy Layer - The Appellant i.e., a candidate who was scrupulously following the terms and conditions of the Impugned Acquittal Appeal from acquittal – Principles of deciding – Appreciation of evidence is the core element of a criminal trial and such appreciation must be comprehensive i.e. Directorate of Enforcement v. Niraj Tyagi, …

Madras High Court Digest 2023: Human Rights
1 year, 2 months ago

Madras High Court Digest 2023: Human Rights

Live Law  

Madras High Court Bats For Better Prison Culture, Orders Preparation Of Prisoners' Rights Handbook Case Title: People's Watch v. The Home Secretary, Home Department and another Citation: 2023 LiveLaw 7 Noticing shortcomings in the manner in which prison administration is carried out at present, the Madras High Court has issued a slew of directions to the State and the Prison …

Orissa High Court Weekly Round-Up: January 08 To January 14, 2024
1 year, 2 months ago

Orissa High Court Weekly Round-Up: January 08 To January 14, 2024

Live Law  

Nominal Index Rasa @ Rasananda Bhoi v. State of Odisha & Ors., 2024 LiveLaw 1 HB v. MJ, 2024 LiveLaw 2 Jharu Naik & Anr. v. State of Odisha, 2024 LiveLaw 3 Judgments/Order Reported This Week: Doctors Should Write In Capital Letters Or Legible Handwriting: Orissa High Court Case Title: Rasa @ Rasananda Bhoi v. State of Odisha & Ors. …

HC Again Tells Cops Not to Intervene in Civil Disputes
1 year, 4 months ago

HC Again Tells Cops Not to Intervene in Civil Disputes

Deccan Chronicle  

HYDERABAD: The Telangana High Court has yet again found it necessary to police the police from interfering in civil disputes. Justice C.V. Bhaskar Reddy was hearing a writ plea filed by Younus Mohd Khan and others complaining of police interference in their personal liberty by constantly calling them to the police station regarding a property dispute with third parties over …

Supreme Court Monthly Digest June 2023
1 year, 5 months ago

Supreme Court Monthly Digest June 2023

Live Law  

SUBJECT WISE INDEX Advocate Bar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. Mamta Devi v. Reliance General Insurance Company Ltd., 2023 LiveLaw 486 STATUTE WISE INDEX Advocates Act, 1961 - Bar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. Coal India Ltd v. …

Karnataka High Court Weekly Round-Up: September 11 To September 17, 2023
1 year, 6 months ago

Karnataka High Court Weekly Round-Up: September 11 To September 17, 2023

Live Law  

Nominal Index: ABC And XYZ. 2023 LiveLaw 357 Judgments/Orders Husband Subjecting Wife To Creditors' Action By Misusing Her Signed Cheques Constitutes 'Cruelty': Karnataka High Court Case Title: ABC And XYZ Case No: MISCELLANEOUS FIRST APPEAL NO.4402 OF 2017 C/W MISCELLANEOUS FIRST APPEAL NO.4403 OF 2017 Citation: 2023 LiveLaw 351 The Karnataka High Court has dismissed the appeal preferred by a …

An overhaul, the criminal law Bills, and the big picture
1 year, 6 months ago

An overhaul, the criminal law Bills, and the big picture

The Hindu  

The central government introduced three Bills in Parliament in August. The Bharatiya Nagarik Suraksha Sanhita There is an explicit provision in the BNSS on the registration of a cognisable offence in any police station, irrespective of the area where the offence is committed. A provision has been added to permit the conduct of a preliminary inquiry to ascertain the existence …

"Blatant Overreach": Telangana High Court Sets Aside Series Of Orders Passed By State Human Rights Commission On Demolition, Service, Etc
1 year, 7 months ago

"Blatant Overreach": Telangana High Court Sets Aside Series Of Orders Passed By State Human Rights Commission On Demolition, Service, Etc

Live Law  

The Telangana High Court has made it clear that Section 12 of the Protection of Human Rights Act 1993, which enumerates functions and powers of the State Human Rights Commission, cannot be invoked to deal with disputes pertaining to title of property, demolition and service benefits. Shankar vs. Telangana State Human Rights Commission | Counsel for petitioner: P.Giri Krishna | …

Externment Order Not Valid If Competent Authority Fails To Consider Objective Material Or Record Subjective Satisfaction: Karnataka High Court
1 year, 9 months ago

Externment Order Not Valid If Competent Authority Fails To Consider Objective Material Or Record Subjective Satisfaction: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that consideration of objective material and subjective satisfaction of the competent authority is necessary before passing an order of externment. A single judge bench of Justice T G Shivashankare Gowda partly allowed the petition filed by one Mali Rizwan and quashed the order of Sub-divisional Magistrate, externing him from the limits of …

Karnataka State Commission For Protection Of Child Rights Not Empowered To Grant Visitation Rights To Parents: High Court
2 years ago

Karnataka State Commission For Protection Of Child Rights Not Empowered To Grant Visitation Rights To Parents: High Court

Live Law  

The Karnataka High Court has held that the State Commission for Protection of Child Rights cannot pass an order granting visitation rights of the child to a parent. A single judge bench of Justice Jyoti Mulimani observed, “The Commission is an advisory body and it could frame or suggest policy decisions with respect to the child’s rights to the State …

Complainant Not Satisfied With Acquittal Can't Institute Proceedings Before Human Rights Commission Alleging Dereliction Of Duty By Police: Karnataka HC
2 years, 1 month ago

Complainant Not Satisfied With Acquittal Can't Institute Proceedings Before Human Rights Commission Alleging Dereliction Of Duty By Police: Karnataka HC

Live Law  

The Karnataka High Court has said initiation of proceedings by a complainant, post acquittal of the accused before the Karnataka State Human Right Commission, against a police officer who investigated the complaint and filed a chargesheet in the case is unsustainable in law. A single judge bench of Justice Jyoti Mulimani made the observation while allowing a petition filed by …

Karnataka High Court Refuses To Quash FIR Registered Against Kannada Actor Chetan Kumar For Allegedly 'Hurting' Hindu Sentiments
2 years, 3 months ago

Karnataka High Court Refuses To Quash FIR Registered Against Kannada Actor Chetan Kumar For Allegedly 'Hurting' Hindu Sentiments

Live Law  

The Karnataka High Court has dismissed a petition filed by Kannada actor Chetan A. Kumar for quashing of an FIR lodged against him under Section 505 of the Indian Penal Code, on charges of allegedly making statements which promote enmity, hatred or ill-will between different sections of the Society.Justice M I Arun said whether the statements made by Kumar amount …

Karnataka High Court Quarterly Digest: July To September, 2022 [Citations 238 - 385]
2 years, 4 months ago

Karnataka High Court Quarterly Digest: July To September, 2022 [Citations 238 - 385]

Live Law  

Nominal Index: DADA S/O BALU ROOGE v. APPASAHEB S/O KIRAN KESTE. Individual Performing 'Public Duty' Comes Under Purview Of Prevention Of Corruption Act: Karnataka High Court Case Title: V.KRISHNAREDDY v. THE STATE OF KARNATAKA Case No: CRIMINAL PETITION No.685 OF 2022 Citation: 2022 LiveLaw 310 The Karnataka High Court has said that the General Manager of Nandini Milk Products, which …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 4 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

Live Law  

Central Excise Tariff Act, 1988 - Modified Vapour Absorption Chiller Machines cannot be categorized as a Heat Pump to avail concessional tariff benefits - The end use of MVAC is to produce Chilled Water. Thermax Ltd v. Commissioner of Central Excise, Pune-1, 2022 LiveLaw 881 Code of Criminal Procedure, 1973; Section 406 - Negotiable Instruments Act, 1881; Section 138 - …

Supreme Court Quarterly Digest on INDIAN PENAL CODE [July - September 2022]
2 years, 4 months ago

Supreme Court Quarterly Digest on INDIAN PENAL CODE [July - September 2022]

Live Law  

Penal Code, 1860 - Deceased was addicted to alcohol and used to constantly torment, abuse and threaten the accused who was his brother - On the night of the occurrence, the deceased had consumed alcohol and had told the accused to leave the house and if not, he would kill the accused - There was sudden loss of self-control on …

Karnataka High Court Half Yearly Digest: January To June 2022 [Citations 1 - 237]
2 years, 5 months ago

Karnataka High Court Half Yearly Digest: January To June 2022 [Citations 1 - 237]

Live Law  

PS Mohan v. State Of Karnataka. Borrower Can't Claim Loan MoratoriumAs A Right Based On RBI's Circular Of March 2020 : Karnataka High Court Case Title: The Governor Reserve Bank Of India v. Velankani Information Systems Limited Citation: 2022 LiveLaw 19. LLB : Karnataka High Court Allows KSLU To Hold Exams For 3 Year Course; Sets Aside Single Bench Order …

Writ Of Quo Warranto Can't Be Issued Unless Appointment To Public Office Made In Violation Of Constitution/ Statutory Provisions: Karnataka HC
2 years, 7 months ago

Writ Of Quo Warranto Can't Be Issued Unless Appointment To Public Office Made In Violation Of Constitution/ Statutory Provisions: Karnataka HC

Live Law  

The Karnataka High Court has dismissed a petition filed by a postgraduate law student questioning the appointment of Dr. Shanth Averahally Thimmaiah as the Chairman of Karnataka State Pollution Control Board. A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty while dismissing the petition filed by Pushpa B. Gavadi said, "A writ of quo warranto …

Supreme Court Half Yearly Digest 2022 - Code of Criminal Procedure 1973
2 years, 7 months ago

Supreme Court Half Yearly Digest 2022 - Code of Criminal Procedure 1973

Live Law  

Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the written complaint …

Karnataka High Court Quarterly Digest: January To March 2022 [Citations 1 - 97]
2 years, 9 months ago

Karnataka High Court Quarterly Digest: January To March 2022 [Citations 1 - 97]

Live Law  

Nominal Index: PS Mohan v. State Of Karnataka. Borrower Can't Claim Loan MoratoriumAs A Right Based On RBI's Circular Of March 2020 : Karnataka High Court Case Title: The Governor Reserve Bank Of India v. Velankani Information Systems Limited Citation: 2022 LiveLaw 19. Granted Bail For Heinous Offence Before Investigation Concluded: Karnataka HC Directs Addl Session Judge To Undergo Training, …

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)
2 years, 9 months ago

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
2 years, 10 months ago

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed the proceedings initiated under section 156 of the Criminal Procedure Code, wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union. …

Police Can't Refuse To Conduct Investigation After Magistrate Has Accepted Complaint U/S 200 CrPC: Karnataka High Court
2 years, 10 months ago

Police Can't Refuse To Conduct Investigation After Magistrate Has Accepted Complaint U/S 200 CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has said that once the court accepts the complaint filed under section 200 of Criminal Procedure Code and directs particular police to investigate, the police cannot decline to investigate. A single judge bench of Justice M Nagaprasanna while allowing the petition filed by one Ashwini set aside the order of the endorsement dated 26.08.2021, issued by …

Karnataka High Court Weekly Roundup: March 21 To March 27, 2022
2 years, 11 months ago

Karnataka High Court Weekly Roundup: March 21 To March 27, 2022

Live Law  

Nominal Index Bhavith Sheth V. State Of Karnataka 2022 Livelaw 81 Vijaya v Shekharappa 2022 Livelaw 82 Law Students Association v. State of Karnataka 2022 LiveLaw 83 Archana M G v. Abhilasha 2022 LiveLaw 84 Mrs. Prachi Sen v. Ministry Of Defence 2022 LiveLaw 85 State Of Karnataka v. Somanna 2022 LiveLaw 86 Praveen Surendiran V. State Of Karnataka 2022 …

Karnataka High Court Monthly Digest: January 2022
3 years, 1 month ago

Karnataka High Court Monthly Digest: January 2022

Live Law  

This digest contains all the important judgments and orders pertaining to Karnataka for the month of January 2022, covered by LiveLaw. 1: JLR Is State Owned Company, Not Required To Obtain Permission Of Central Govt For Construction Within Reserve Forest: Karnataka High Court Case Title: PS Mohan v. State Of Karnataka Citation: 2022 LiveLaw 1 The Karnataka High Court said …

Human Rights Commissions Can Only Recommend And Not Direct Payment of Compensation: Chhattisgarh High Court
3 years, 7 months ago

Human Rights Commissions Can Only Recommend And Not Direct Payment of Compensation: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court last week held that the Human Rights Commissions are a recommendatory body and has no jurisdiction to pass an order directing payment of compensation. Section 3 and Section 21 of The Protection of Human Rights Act, 1993 respectively provides for the constitution of the National Human Rights Commission and State Human Rights Commissions. Relying on Chhattisgarh …

Amend Protection Of Human Rights Act To Provide Internal Mechanism Qua Commission For Enforcing Its Own Recommendation: Madras High Court
4 years, 1 month ago

Amend Protection Of Human Rights Act To Provide Internal Mechanism Qua Commission For Enforcing Its Own Recommendation: Madras High Court

Live Law  

The Madras High Court has suggested amendment/s in the Protection of Human Rights Act to provide an internal/self-contained mechanism qua Human Rights Commission for enforcing its recommendations.We earnestly trust and hope that the Parliament in its collective wisdom would bring necessary amendments in the Act to provide wherewithal to the Commission for direct execution of the. The Madras High Court …

Karnataka High Court Quashes Special Judge Order Referring Corruption Complaint Against Minister CT Ravi To ACB
4 years, 4 months ago

Karnataka High Court Quashes Special Judge Order Referring Corruption Complaint Against Minister CT Ravi To ACB

Live Law  

The Karnataka High Court has partly allowed a petition filed by Minister C.T. Justice John Michael Cunha quashed and set aside the order dated October 6, 2016, issued by the Special Court under the Prevention of Corruption Act, referring the complaint made before it under Sections 13 read with 13 of the Act, to the Superintendent of Police, Anti-Corruption Bureau, …

Civil Rights At The Bar Of the High Courts: Section 144 in Karnataka, Privacy In UP
5 years ago

Civil Rights At The Bar Of the High Courts: Section 144 in Karnataka, Privacy In UP

Live Law  

On 13th February 2020, in Sowmya Reddy v State of Karnataka, the High Court of Karnataka held that the imposition of Section 144 throughout the city of Bengaluru for a period of three days, had been unconstitutional. The "reasons" accompanying a Section 144 Order, thus, would have to demonstrate that these objective parametres had been considered by the Authority, and …

Fundamental Right Of Holding Peaceful Protest Is A Basic Feature Of Democracy : Karnataka HC [Read Judgment]
5 years ago

Fundamental Right Of Holding Peaceful Protest Is A Basic Feature Of Democracy : Karnataka HC [Read Judgment]

Live Law  

While holding the Section 144 order imposed in Bengaluru on December 2019 in the wake of anti-CAA protests to be illegal, the High Court of Karnataka observed that the fundamental right to hold peaceful protests is a basic feature of democracy. "The violation of fundamental right to hold peaceful protests, which is a basic feature of democracy, cannot be taken …

Karnataka HC Directs State To Inform About Action Take On Complaints Filed By Victims Of Police Firing At Mangalore [Read Petition]
5 years, 1 month ago

Karnataka HC Directs State To Inform About Action Take On Complaints Filed By Victims Of Police Firing At Mangalore [Read Petition]

Live Law  

The Karnataka High Court on Tuesday directed the State Government to inform by the next date on what action it has taken on the complaints filed by the victims and family members of the two persons who died in the December 19, 2019, police firing incident during the Anti Citizenship Amendment Act, protest rally. A division bench of Chief Justice …

Telangana High Court grills govt on cop bodies
5 years, 1 month ago

Telangana High Court grills govt on cop bodies

Deccan Chronicle  

HYDERABAD: The Telangana High Court observed that the state government appeared to be delaying setting up of Police Complaints Authority and State Security Commission. A division bench of Chief Justice Raghavendra Singh Chauhan and Justice A. Abhishek Reddy was hearing the suo motu contempt case against the Telangana State and Andhra Pradesh governments for not constituting the two bodies at …

Karnataka HC Quashes Cases Against H D Kumaraswamy Taken During 2014 Lok Sabha Elections [Read Order]
5 years, 3 months ago

Karnataka HC Quashes Cases Against H D Kumaraswamy Taken During 2014 Lok Sabha Elections [Read Order]

Live Law  

In a relief to Former Chief Minister of Karnataka, H D Kumaraswamy, the Karnataka High Court has quashed and set aside, three proceedings initiated and pending before a court, against him in 2014, under sections 188 of IPC and 341 of IPC at Chikkaballapura. Justice R Devdas while quashing the proceedings under section 341 of Ipc said "There is no …

Protection of Civil Rights Act does little to combat untouchability, crimes against Dalits
5 years, 7 months ago

Protection of Civil Rights Act does little to combat untouchability, crimes against Dalits

Firstpost  

Editor’s Note: Discrimination against communities deemed as lower castes is a part-and-parcel of life in rural India. The Protection of Civil Rights Act, 1955, prescribes punishment for the enforcement of any disability arising from preaching and practice of untouchability. It indicated that the practice of untouchability, though declining, still persists to some extent, and recommended certain amendments in the PCR …

Why No 'Human Rights Court' Yet? SC Pulls Up States [Read Order]
6 years, 2 months ago

Why No 'Human Rights Court' Yet? SC Pulls Up States [Read Order]

Live Law  

The Supreme Court has pulled up states for not setting up 'Human Rights Courts' yet. Basu vs. State of West Bengal, the Supreme Court had directed the State Governments to take appropriate action in terms of Section 30 of the Protection of Human Rights Act, 1993, in regard to setting up/specifying the Human Rights Courts. There is nothing on record …

‘Amazed’ T&AP HC Directs Andhra Pradesh Govt To Forthwith Constitute State Human Rights Commission [Read Order]
6 years, 3 months ago

‘Amazed’ T&AP HC Directs Andhra Pradesh Govt To Forthwith Constitute State Human Rights Commission [Read Order]

Live Law  

“We are amazed to hear that no appointment is made to the State Human Rights Commission of the State of Andhra Pradesh. lf such institutions do not work what would be at peril is the eligibility of humans to ask for human rights through duly constituted institutions.”The High Court of Telangana and Andhra Pradesh has directed the State of Andhra …

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