HC Can’t Issue Quo Warranto Writ Unless Satisfaction About Disqualification /Ineligibility Is Founded On Indisputable Facts: SC [Read Judgment]
7 years ago

HC Can’t Issue Quo Warranto Writ Unless Satisfaction About Disqualification /Ineligibility Is Founded On Indisputable Facts: SC [Read Judgment]

Live Law  

The high court could not have issued a writ of quo warranto until the Income and Caste Certificate issued in favour of the appellant, on the basis of which she participated in the election for the post of Adhyaksha and got elected, was to be declared void or invalidated by the Caste Scrutiny Committee, the bench observed.The Supreme Court, in Bharati Reddy v The State of Karnataka, has. The high court could not have issued a writ of quo warranto until the Income and Caste Certificate issued in favour of the appellant, on the basis of which she participated in the election for the post of Adhyaksha and got elected, was to be declared void or invalidated by the Caste Scrutiny Committee, the bench observed. So the issue raised before the apex court was whether the high court could have issued a writ of quo warranto until the Income and Caste Certificate issued in favour of the appellant, on the basis of which she participated in the election for the post of ‘Adhyaksha’ and got elected, was to be declared void or invalidated by the Caste Scrutiny Committee. That writ could be issued only if the Income and Caste Certificate was held to be void or after it was invalidated by the Competent Authority.” The court also observed that the mere fact that the caste certificate has been issued within a short span of five days albeit after following due procedure, can be no just basis to invalidate the certificate by the Caste Verification Committee.

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History of this topic

Central Govt Employee's Caste Certificate Issued By State Govt Is To Be Verified By District Caste Verification Committee: Karnataka HC
1 month ago

Central Govt Employee's Caste Certificate Issued By State Govt Is To Be Verified By District Caste Verification Committee: Karnataka HC

Live Law  

The Karnataka High Court has held that in case of a Central Government employee, whose caste certificate is issued by the Tahasildar–State Government, it will be the District Caste Verification Committee who is the "rightful authority" to verify the certificate of such a Central Government Employee or proposed Central Government Employee. " In that view of the matter, I answer …

Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC
2 months, 3 weeks ago

Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes Act, 1990, does not take away the jurisdiction of the High Court to decide an election dispute questioning the caste of a returned candidate to the Legislative Assembly. He claimed that only the DCVC formed under the Karnataka Scheduled Castes Scheduled Tribes and …

Patna HC Quashes Engineer's Dismissal Over Alleged False Caste Certificate, Says Penalty Can't Be Imposed Until Certificate Is Cancelled
3 months, 2 weeks ago

Patna HC Quashes Engineer's Dismissal Over Alleged False Caste Certificate, Says Penalty Can't Be Imposed Until Certificate Is Cancelled

Live Law  

The Patna High Court recently quashed the dismissal of an Assistant Engineer from the Water Resources Department, Bihar, who was accused of using false caste and domicile certificates. Singh stated, “In the light of the aforementioned culled out points, in the present case, as long as caste certificate is not cancelled or confiscated a false caste certificate by the Caste …

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him
5 months, 3 weeks ago

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him

Live Law  

Granting relief to a government school teacher, the Jaipur bench of the Rajasthan High Court set aside an order of censure passed against him over the result of Class 8 Board Examination in the concerned school being below the standard set by Department of Education. Referring to decisions of the high court on the issue, a single judge bench of …

Error Of Scrutiny Committee Validating Caste Certificate Can't Be Challenged In Election Petition: Bombay HC Dismisses Plea Against Congress MP
6 months, 1 week ago

Error Of Scrutiny Committee Validating Caste Certificate Can't Be Challenged In Election Petition: Bombay HC Dismisses Plea Against Congress MP

Live Law  

The Bombay High Court bench at Aurangabad on Tuesday dismissed an election petition challenging the election of Congress leader Shivaji Kalge to the 18th Lok Sabha, from Latur constituency in Maharashtra.A candidate from the Vanchit Bahujan Aghadi had challenged Kalge's election on the ground that he fraudulently won the election by claiming to be belonging to the 'Mala Jangam' case …

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court
11 months, 2 weeks ago

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court

Live Law  

A single judge bench of the Karnataka High Court comprising of Justice K.S. The Respondent filed a Writ Petition before the Karnataka High Court against the order of the labour court. This time Labour Court confirmed the dismissal order passed by the disciplinary authority and held that the order was proportionate to the proved misconduct as the petitioner had secured …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
1 year ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old
1 year ago

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old

Live Law  

The Madras High court has now removed the remarks made about the origin of caste system from its recent judgement in the pleas challenging the continuation of office of Minister Udayanidhi Stalin, Minister Sekar Babu and MP A Raja. In the judgment uploaded on March 6th, Justice Anita Sumanth had observed as under, "This Court agrees unequivocally that there are …

HC Upholds Law to Resume Over 800 Acres from IMG Bharat
1 year ago

HC Upholds Law to Resume Over 800 Acres from IMG Bharat

Deccan Chronicle  

A two-judge panel of the Telangana High Court upheld the constitutional validity of the Telangana Government Property Act, 2007. Merely because the sale deeds were executed in favour of the petitioner, in exercise of powers under Article 298 of the Constitution of India, the same does not prohibit the State Legislature to enact a law in exercise of its legislative …

Supreme Court To Hear On March 28 MP Navneet Kaur Rana's Plea Against Bombay HC Judgment Cancelling Caste Certificate
2 years ago

Supreme Court To Hear On March 28 MP Navneet Kaur Rana's Plea Against Bombay HC Judgment Cancelling Caste Certificate

Live Law  

The Supreme Court will hear on March 28 MP Navneet Kaur Rana's challenge against the Bombay High Court order which had set aside her caste certificate. Observing that the Amravati MP had committed 'systematic fraud', the Bombay High Court cancelled her caste certificate and the Caste Scrutiny Committee's 2017 order validating her claim of belonging to the 'Mochi' Schedule Caste. …

'Petition Seeking Writ Of Quo Warranto Misconceived': SC Dismisses Plea Challenging Appointment Of ITAT Vice Presidents
2 years, 4 months ago

'Petition Seeking Writ Of Quo Warranto Misconceived': SC Dismisses Plea Challenging Appointment Of ITAT Vice Presidents

Live Law  

The Supreme Court upheld the Madras High Court judgment dismissing challenge against appointment of two persons as Vice Presidents of the Income Tax Appellate Tribunal.No recourse to the writ jurisdiction of the High Court to seek a writ of quo warranto could have been taken, the bench of CJI DY Chandrachud and Justices JB Pardiwala observed.Aniruthan, a lawyer, had earlier …

Writ Of Quo Warranto Can Be Issued Where An Appointment Has Not Been Made In Accordance With Law : Supreme Court
2 years, 5 months ago

Writ Of Quo Warranto Can Be Issued Where An Appointment Has Not Been Made In Accordance With Law : Supreme Court

Live Law  

The Supreme Court observed that a writ of quo warranto can be issued where an appointment has not been made in accordance with the law.The bench of Justices DY Chandrachud and Hima Kohli observed thus while dismissing the appeals filed by the State of West Bengal and Sonali Chakravarti Banerjee challenging the order of the Calcutta High Court which had …

Writ Of Quo Warranto Can't Be Issued Unless Appointment To Public Office Made In Violation Of Constitution/ Statutory Provisions: Karnataka HC
2 years, 6 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 …

Jurisdiction Of Court While Issuing Writ Of 'Quo Warranto' Limited To Cases Where Person Holding Public Office Is Ineligible: Delhi High Court
2 years, 7 months ago

Jurisdiction Of Court While Issuing Writ Of 'Quo Warranto' Limited To Cases Where Person Holding Public Office Is Ineligible: Delhi High Court

Live Law  

The Delhi High Court has held that the jurisdiction of the Court while issuing a writ of quo warranto is limited to cases where the person holding public office did not meet with the eligibility criteria or when the appointment was contrary to the statutory rules. The division bench of Chief Justice Satish Chandra Sharma and Justice Subramoniam Prasad also …

HC rejects plea of Christian-convert seeking inter-caste marriage certificate
3 years, 3 months ago

HC rejects plea of Christian-convert seeking inter-caste marriage certificate

Op India  

The Madras HC on Thursday said conversion from one religion to another will not change the caste of a person he belongs to, putting paid to a bid by a Dalit man who converted to Christianity to obtain an inter-caste marriage certificate to get priority in the government jobs. Justice Subramanian noted that just because a Dalit converted to another …

SC Stays Bombay HC Verdict Cancelling Caste Certificate of Amravati MP
3 years, 8 months ago

SC Stays Bombay HC Verdict Cancelling Caste Certificate of Amravati MP

News 18  

In a relief to Lok Sabha MP Navneet Kaur Rana, the Supreme Court Tuesday stayed the Bombay High Court verdict cancelling the caste certificate of the independent lawmaker representing Maharashtra's Amravati constituency, reserved for scheduled castes. The Bombay High Court had on June 9 cancelled the caste certificate of Rana, saying it was obtained fraudulently using fabricated documents, and had …

SC stays Bombay HC verdict canceling caste certificate of MP Navneet Kaur Rana
3 years, 8 months ago

SC stays Bombay HC verdict canceling caste certificate of MP Navneet Kaur Rana

Firstpost  

The Bombay High Court had on 9 June canceled the caste certificate of the Amravati MP, saying it was obtained fraudulently using fabricated documents New Delhi: In a relief to Lok Sabha MP Navneet Kaur Rana, the Supreme Court Tuesday stayed the Bombay High Court verdict cancelling the caste certificate of the Independent lawmaker representing Maharashtra’s Amravati constituency, reserved for …

HC cancels caste certificate of Amravati MP Navneet Rana
3 years, 9 months ago

HC cancels caste certificate of Amravati MP Navneet Rana

The Hindu  

The Bombay High Court on Tuesday cancelled the caste certificate of Amravati Lok Sabha member Navneet Kaur Rana, saying it was obtained fraudulently using fabricated documents, and also imposed a cost of ₹2 lakh on her. “In our view, since respondent no.3 has obtained the caste certificate fraudulently and got it validated fraudulently from the Caste Scrutiny Committee by producing …

Bombay HC cancels Amravati MP Navneet Kaur Rana's caste certificate, says it was obtained fraudulently
3 years, 9 months ago

Bombay HC cancels Amravati MP Navneet Kaur Rana's caste certificate, says it was obtained fraudulently

Firstpost  

A division bench of justices RD Dhanuka and VG Bisht also imposed a fine on Rana of Rs 2 lakh to be paid to the Maharashtra Legal Services Authority in two weeks Mumbai: The Bombay High Court on Tuesday cancelled the caste certificate issued to Amravati Lok Sabha member Navneet Kaur Rana, saying it was obtained fraudulently using fabricated documents, …

Kerala HC Dismisses Quo Warranto Plea Challenging Appointment Of Its Former Judge As Chairman Of Kerala State Commission for Backward Classes [Read Judgment]
4 years, 5 months ago

Kerala HC Dismisses Quo Warranto Plea Challenging Appointment Of Its Former Judge As Chairman Of Kerala State Commission for Backward Classes [Read Judgment]

Live Law  

The Kerala High Court has dismissed a quo warranto petition against Justice G. Sasidharan, who is Chairman, Kerala State Commission for Backward Classes.One S. Subramaniam had approached the High Court contending that Justice Sasidharan was appointed to the post of Upa LokAyukta, and therefore is disqualified from being appointed as a Chairman of the Backward Classes Commission, an appointment. The …

Writ Of Quo Warranto Filed Against Incumbent Registrar General (Vigilance) Of Madras HC
4 years, 5 months ago

Writ Of Quo Warranto Filed Against Incumbent Registrar General (Vigilance) Of Madras HC

Live Law  

Stating that the Registrar General of the Madras High Court does not possess the requisite qualification to hold that office, a writ of quo warranto has been filed seeking to restrain her from continuing in the said post. The plea filed by one B. Sathishkumar states that the Registrar General, Ms. Poornima, does not possess the basic qualification of 10+2+3 …

Appointment Secured On The Basis Of A Fraudulent Caste Certificate Is Void Ab Initio: SC [Read Order]
5 years ago

Appointment Secured On The Basis Of A Fraudulent Caste Certificate Is Void Ab Initio: SC [Read Order]

Live Law  

The Supreme Court has observed that an appointment secured on the basis of a fraudulent caste certificate is void ab initio and Government Resolutions and Circulars cannot protect such appointees. The Apex Court bench noted that in Punjab National Bank, the Supreme Court had enforced similar resolutions and held that the candidates were protected by virtue of the government resolutions. …

'Equity Can't Bend Arms Of Law Where An Individual Acquires Status By Fraud'; HP HC Condemns Suppression Of Material Facts [Read Judgment]
5 years, 3 months ago

'Equity Can't Bend Arms Of Law Where An Individual Acquires Status By Fraud'; HP HC Condemns Suppression Of Material Facts [Read Judgment]

Live Law  

Taking a stern approach against parties resorting to suppression of material facts before the court, the Himachal Pradesh High Court observed, "Person who seeks equity must come with clean hands. While setting aside the application for condonation of delay, Justice Tarlok Singh Chauhan said, "it is settled law that a person who approaches the Court for grant of relief, equitable …

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 …

HC Can’t Issue Quo Warranto Writ Unless Satisfaction About Disqualification /Ineligibility Is Founded On Indisputable Facts: SC [Read Judgment]
7 years ago

HC Can’t Issue Quo Warranto Writ Unless Satisfaction About Disqualification /Ineligibility Is Founded On Indisputable Facts: SC [Read Judgment]

Live Law  

The high court could not have issued a writ of quo warranto until the Income and Caste Certificate issued in favour of the appellant, on the basis of which she participated in the election for the post of Adhyaksha and got elected, was to be declared void or invalidated by the Caste Scrutiny Committee, the bench observed.The Supreme Court, in …

Pre-Constitutional Documents Have Higher Probative Value While Considering Caste Claim Of A Candidate: Bombay HC [Read Order]
7 years, 5 months ago

Pre-Constitutional Documents Have Higher Probative Value While Considering Caste Claim Of A Candidate: Bombay HC [Read Order]

Live Law  

Upholding the decision of the Supreme Court in Anand vs Committee for Scrutiny and Verification of Tribe Claims and Ors, the Bombay High Court has held that pre-constitutional documents have a higher degree of probative value while considering the caste claim of a candidate.A bench of Justice BR Gavai and Justice Anuja Prabhudessai was hearing a writ petition filed by …

Plea against Jayalalithaa's continuance in office dismissed
13 years, 5 months ago

Plea against Jayalalithaa's continuance in office dismissed

The Hindu  

The Supreme Court on Tuesday dismissed a petition questioning the continuance in office of Tamil Nadu Chief Minister Jayalalithaa on account of her scheduled appearance in a Bangalore trial court in a disproportionate assets case. The Supreme Court had earlier dismissed Ms. Jayalalithaa's petition and directed her to personally appear before the trial court for recording her statement under Section …

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