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 Kundapura to Sagara Sub-Division for 3 months. The impugned order lacks subjective satisfaction and test of reasonableness.” The petitioner contended that the requisition made by the Sub-Inspector of Police, Gangoli Police Station was the basis for initiating the proceedings against him. Thus it said “This shows without any request the learned Executive Magistrate has passed the impugned Order.” Noting that out of ten cases filed against the petitioner, six of them ended in acquittal, in two cases, charge sheet is filed pending for enquiry, and one case is under investigation, the bench held “Soon before passing the impugned order, there is no objective material placed for subjective satisfaction.” The bench referred to Supreme Court judgment in the case of Deepak Vs. State of Maharashtra wherein it was held that competent authority must record its subjective satisfaction that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to persons or property.

Order Kar Petitioner Satisfaction Subjective Competent Authority Subjective Satisfaction Objective Material  petitioner  months  record  satisfaction  high  request  subjective  impugned  fails  order  valid  objective  period  bench  material  karnataka

History of this topic

Supreme Court Stays CBI Investigation Against Ex-Tamil Nadu Minister KT Rajenthra Bhalaji In Corruption Case
4 days, 7 hours ago

Supreme Court Stays CBI Investigation Against Ex-Tamil Nadu Minister KT Rajenthra Bhalaji In Corruption Case

Live Law  

The Supreme Court today passed an interim order restraining the Central Bureau of Investigation from conducting investigation into the allegations against former AIADMK Minister K.T. On January 6, the Madras High Court directed CBI's probe after it found that the Tamil Nadu Government had not complied with the Court's earlier order passed in November last year, directing the State police …

Karnataka High Court Stays Trial Court's Fresh Summons To Ex-CM BS Yediyurappa In POCSO Case
1 week ago

Karnataka High Court Stays Trial Court's Fresh Summons To Ex-CM BS Yediyurappa In POCSO Case

Live Law  

The Karnataka High Court on Friday stayed the order of cognizance and summons issued by a Bengaluru Court to former Chief Minister BS Yediyurappa and three other accused directing their presence before the Trial Court on March 15, in connection with a case registered under the POCSO Act.Justice Pradeep Singh Yerur passed the interim order while hearing a petition filed …

Karnataka High Court Admits Appeal Filed By ED Against Order Quashing Case Against Former MUDA Commissioner
1 week, 4 days ago

Karnataka High Court Admits Appeal Filed By ED Against Order Quashing Case Against Former MUDA Commissioner

Live Law  

The Karnataka High Court on Monday admitted the appeal filed by Enforcement Directorate challenging an order of the single judge which had allowed the petition filed by former Commissioner of Mysore Urban Development Authority, Dr Natesha D B, during whose tenure alleged illegal allotment of land sites was made to Chief Minister Siddaramiah's wife Paravathi. The single judge bench had …

Karnataka High Court orders departmental inquiry against police inspector for interfering in civil dispute between Uttaradi Mutt and Raghavendra Swami Mutt
Trending News
1 week, 6 days ago

Karnataka High Court orders departmental inquiry against police inspector for interfering in civil dispute between Uttaradi Mutt and Raghavendra Swami Mutt

The Hindu  

The High Court of Karnataka has ordered a departmental inquiry against a circle inspector of police for interfering in a civil dispute between two mutts by asking the manager of Uttaradi Mutt to hand over the keys of the Narahari Tirtha Swami Brindavan, situated at Venkatapura village in Hosapete taluk of Vijayanagara district, to the devotees of Sri Raghavendra Swami …

Karnataka High Court Orders Inquiry Against Police Inspector For "Undue Indulgence" In Dispute Between Two Religious Institution
2 weeks ago

Karnataka High Court Orders Inquiry Against Police Inspector For "Undue Indulgence" In Dispute Between Two Religious Institution

Live Law  

The Karnataka High Court has directed the Police Commissioner, Dharwad to initiate departmental inquiry against a police inspector for allegedly interfering with the functioning of a religious institution. The departmental inquiry shall be guided to unearth the fact as to what led the 3rd respondent; who led the 3rd respondent; why was he led, to show over indulgence in the …

Plea In Karnataka High Court Seeks Fresh Elections To State Bar Council, Says Extension By BCI After 5-Yr Tenure Ended In June 2023 Invalid
2 weeks, 2 days ago

Plea In Karnataka High Court Seeks Fresh Elections To State Bar Council, Says Extension By BCI After 5-Yr Tenure Ended In June 2023 Invalid

Live Law  

A petition has been filed in the Karnataka High Court seeking a direction to the Bar Council of India, to dissolve the present office of the Karnataka State Bar Council which has completed its statutory tenure of 5 years in June 2023. List the matter on Tuesday for further hearing.” As per the petition the current office bearers of the …

Govt Can't Pass Interim Order Directing Payment Of Wages To Workmen Without Hearing Management, Workers Union: Karnataka HC
2 weeks, 6 days ago

Govt Can't Pass Interim Order Directing Payment Of Wages To Workmen Without Hearing Management, Workers Union: Karnataka HC

Live Law  

The Karnataka High Court has reiterated that the government cannot pass an interim order directing payment of wages in favour of workmen of a company without hearing the company management and the workers union. Justice Anant Ramanath Hegde held thus while allowing a petition filed by the Management of Mahindra Aerostructures Private Limited, challenging a June 11, 2024 order passed …

Gujarat HC Stays Interim Order Directing State Bar Council To Issue Provisional Practice Certificate To 2 Law Graduates From Unrecognized College
3 weeks ago

Gujarat HC Stays Interim Order Directing State Bar Council To Issue Provisional Practice Certificate To 2 Law Graduates From Unrecognized College

Live Law  

" The learned Single Judge, while granting the interim relief, has not discussed about the Rules, as mentioned hereinabove and the effect of such Rules. The high court noted that the single judge in his order did not discuss Rule 7 of the Gujarat State Judicial Service Rules, 2005, which requires candidates to be practicing advocates on the last date …

High Court notice to Karnataka government over dropping cases against MPs, MLAs
3 weeks ago

High Court notice to Karnataka government over dropping cases against MPs, MLAs

India Today  

The Karnataka High Court, on Thursday, issued notice to the state government in a petition challenging a government order to withdraw 43 criminal cases, in which former ministers, MLAs and persons of influence were named accused. A Division Bench of Chief Justice NV Anjaria and Justice MI Arun passed the order on the public interest litigation questioning the legality of …

Amended Necessary Rules Allowing Service Of Notices/Summons Through E-mail By All Courts In Karnataka: State Govt Tells High Court
3 weeks, 3 days ago

Amended Necessary Rules Allowing Service Of Notices/Summons Through E-mail By All Courts In Karnataka: State Govt Tells High Court

Live Law  

The State Government on Tuesday informed the Karnataka High Court that it had amended the necessary rules allowing service of notices/summons through electronic mail by all courts in Karnataka. Justice R Devdas was informed that the draft rules forwarded by the High Court were approved and gazetted by the State Government on February 17. On February 11, the court directed …

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 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 …

Karnataka HC sends POCSO case against ex-CM back to trial court for fresh order on cognisance
1 month, 2 weeks ago

Karnataka HC sends POCSO case against ex-CM back to trial court for fresh order on cognisance

The Hindu  

The High Court of Karnataka on Friday remitted to the trial court to pass appropriate order afresh on the issue of taking cognisance of offences based on the chargesheet filed against former Chief Minister B.S. Terming the July 4, 2024 order of taking cognisance of offence by the trial court as “bald, laconic and cryptic”, the High Court directed the …

Karnataka High Court stays FIR against Gopalakrishnan, IISc director, 14 others
1 month, 3 weeks ago

Karnataka High Court stays FIR against Gopalakrishnan, IISc director, 14 others

New Indian Express  

BENGALURU: The Karnataka High Court has stayed the First Information Report and all further proceedings initiated against 16 accused, including Infosys co-founder Senapathy Kris Gopalakrishnan and Indian Institute of Science director Prof Govindan Rangarajan, under the Scheduled Castes and Scheduled Tribes Act. Justice S R Krishna Kumar passed the interim order on Wednesday after hearing the petition filed by all …

Karnataka High Court Stays Centre's Order Debarring Former HC Judge From Govt Appointments For 3 Yrs
1 month, 3 weeks ago

Karnataka High Court Stays Centre's Order Debarring Former HC Judge From Govt Appointments For 3 Yrs

Live Law  

The Karnataka High Court in an interim order on Tuesday stayed a November 7, 2024 Central Government order by which a former High Court judge Justice Padmaraj Nemachandra Desai was debarred for three years from any Government appointments. Justice R Devdas stayed the order till the next date of hearing of the petition filed by Desai challenging the order and …

Karnataka High Court extends time for Lokayukta police to file probe report in MUDA case as plea for CBI probe is pending adjudication
3 months ago

Karnataka High Court extends time for Lokayukta police to file probe report in MUDA case as plea for CBI probe is pending adjudication

The Hindu  

The High Court of Karnataka on Thursday extended till January 28, 2025, the time for the Lokayukta police to submit the final report of investigation before the jurisdictional court against Chief Minister Siddaramaiah and others in the case of alleged illegal allotment of 14 sites to his wife, Parvathi, by the Mysuru Urban Development Authority. Justice M. Nagaprasanna, in his …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 months ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite
3 months ago

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite

Live Law  

The Karnataka High Court on Tuesday quashed the criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'. Earlier, the court had while issuing notice to the respondents said, “There shall be an interim order of …

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite
3 months ago

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite

Live Law  

The Karnataka High Court on Tuesday quashed the criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'. Earlier, the court had while issuing notice to the respondents said, “There shall be an interim order of …

Supreme Court Expresses Disinclination To Stay Karnataka Lokayukta Investigation In DK Shivakumar Disproportionate Assets Case
3 months ago

Supreme Court Expresses Disinclination To Stay Karnataka Lokayukta Investigation In DK Shivakumar Disproportionate Assets Case

Live Law  

In pleas challenging withdrawal of consent accorded by Karnataka government for CBI to prosecute Congress leader and Deputy CM DK Shivakumar in a disproportionate assets case, the Supreme Court today expressed disinclination to pass any interim order regarding ongoing investigation by Karnataka Lokayukta.A bench of Justices Surya Kant and Ujjal Bhuyan heard the matter, arising out of. In pleas challenging …

Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court
3 months, 1 week ago

Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court

Live Law  

The Karnataka High Court has held that the procedure of affixing a copy of the summons on the outer door or some other conspicuous part of the housein which the defendant ordinarily resides under Order V Rule 17 CPC, if he is not available to receive it, is a mandatory procedure and not a directory procedure. The court said “The …

In-Subordination Is Contagious Malady In Public Service Resulting In Maladministration, Cannot Be Viewed Leniently: Karnataka High Court
3 months, 3 weeks ago

In-Subordination Is Contagious Malady In Public Service Resulting In Maladministration, Cannot Be Viewed Leniently: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed with cost a petition filed by a delinquent employee of the State Administrative Tribunal, questioning the order passed by the Tribunal whereby his two annual increments with cumulative effect were withheld on charges of disobeying instruction of the Chairman, and employing rude language. A division bench of Justice Krishna S Dixit and Justice C …

Madras HC order directing CBI probe against CSI Madurai-Ramnad Diocese stayed
3 months, 3 weeks ago

Madras HC order directing CBI probe against CSI Madurai-Ramnad Diocese stayed

New Indian Express  

MADURAI: The Madurai Bench of the Madras High Court on Monday stayed an order passed by a single judge of the court last week, directing the CBI to register a case against CSI Madurai-Ramnad Diocese, Church of South India Trust Association, among others, on charges of illegally selling 31.10 acre government land that was meant to be used for industrial …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
4 months ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

Karnataka High Court notice to State and Centre on plea to stop commercialisation of breast milk by private organisations
4 months, 1 week ago

Karnataka High Court notice to State and Centre on plea to stop commercialisation of breast milk by private organisations

The Hindu  

The High Court of Karnataka ordered issue of notice to the State and Central governments on a PIL petition seeking a direction to the authorities to stop operations of private organisations engaged in commercialisation of breast milk in the form of collection, marketing and sale. Licence cancelled The counsel for the government of Karnataka brought to the notice of the …

Karnataka High Court To Hear CM Siddaramaiah's Appeal Against 'Sanction' Order In MUDA "Scam" Case On November 23
4 months, 1 week ago

Karnataka High Court To Hear CM Siddaramaiah's Appeal Against 'Sanction' Order In MUDA "Scam" Case On November 23

Live Law  

The Karnataka High Court on Thursday said it would hear next Saturday, Chief Minister Siddaramaiah's appeal challenging a single judge bench's order which had upheld the Governor's decision granting approval/ sanction for investigation against him in the alleged Mysore Urban Development Authority scam. The petition stands dismissed.” With respect to the application of Section 17A Prevention of Corruption Act the …

Certified Copy Not Necessary To File GST Appeal, Order Downloaded From Site Enough: Gujarat High Court
4 months, 1 week ago

Certified Copy Not Necessary To File GST Appeal, Order Downloaded From Site Enough: Gujarat High Court

Live Law  

Quashing an order of the tax authority which rejected a GST Appeal due to non-submission of a certified copy, the Gujarat High Court said that when an appealed order is available on a common portal and can be directly accessed by the Appellate Authority, there should be no need to submit a “certified copy” to confirm its authenticity. At the …

Karnataka High Court Stays Criminal Proceedings Against Man Booked For Printing 'Vote For Narendra Modi' Message On His Wedding Invite
4 months, 1 week ago

Karnataka High Court Stays Criminal Proceedings Against Man Booked For Printing 'Vote For Narendra Modi' Message On His Wedding Invite

Live Law  

The Karnataka High Court on Monday stayed all further criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'. Issuing notice to the respondents the high court said, “There shall be an interim order of stay …

Allahabad High Court Asks Deputy Police Commissioner To File Personal Affidavit For Exercise Of Extraordinary Power In Dismissing Head Constable
6 months, 2 weeks ago

Allahabad High Court Asks Deputy Police Commissioner To File Personal Affidavit For Exercise Of Extraordinary Power In Dismissing Head Constable

Live Law  

In an interim order, the Allahabad High Court has directed the Deputy Commissioner of Police, Gautam Buddh Nagar to file an affidavit giving reasons for exceeding his authority under Rule 8 of the U.P. The Deputy Commissioner of Police had by order dated 07.08.2024, ordered the dismissal of the petitioner, a Head Constable in the Police, from service. The Court …

Karnataka HC orders pausing further proceedings on complaints against CM Siddaramaiah before special court
7 months ago

Karnataka HC orders pausing further proceedings on complaints against CM Siddaramaiah before special court

The Hindu  

In a temporary relief to Chief Minister Siddaramaiah, the High Court of Karnataka on Monday ordered a special court in Bengaluru, to defer further proceedings on complaints related to alleged irregularities in allotment of sites by the Mysuru Urban Development Authority. The special court shall not precipitate complaint related to the sanctions granted by the Governor against Mr. Siddaramaiah till …

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused
7 months, 1 week ago

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused

Live Law  

The Supreme Court on August 9 set aside an order of the Calcutta High Court, transferring the trial commenced at Coochbehar to Special CBI Court at Siliguri in the case lodged in the aftermath of the 2021 West Bengal Legislative Assembly elections for serious offences including murder and rape.The Supreme Court set aside the High Court order on the grounds …

Create Cells In Each Govt Department To Implement Court Orders, Reduce Inflow Of Contempt Petitions: Karnataka High Court To State
7 months, 2 weeks ago

Create Cells In Each Govt Department To Implement Court Orders, Reduce Inflow Of Contempt Petitions: Karnataka High Court To State

Live Law  

The Karnataka High Court on Monday suggested the state government constitute a cell consisting of officers in each government department which will receive orders from the court, assess the direction issued and ensure time-bound implementation to reduce the inflow of contempt petitions. It said “Essentially what we want is creation of a kind of a cell in each of the …

Karnataka High Court Stays Financial Impropriety Probe Against IIM-Bangalore Professor Who Levelled Allegations Of Caste Bias
8 months, 1 week ago

Karnataka High Court Stays Financial Impropriety Probe Against IIM-Bangalore Professor Who Levelled Allegations Of Caste Bias

Live Law  

The Karnataka High Court has by interim order stayed the operation of an Enquiry Committee constituted by the Indian Institute of Management-Bangalore, to probe allegations of financial impropriety in raising travel claim bills against one of its Associate Professors. It was claimed that the constitution of the Committee to look into Das' alleged financial impropriety is made only as a …

Reassessment Order Can't Merely Be Based On Tax Evasion Report Or An Audit Report: Orissa High Court
10 months, 2 weeks ago

Reassessment Order Can't Merely Be Based On Tax Evasion Report Or An Audit Report: Orissa High Court

Live Law  

The Orissa High Court has held that reassessment orders cannot merely be based on a tax evasion report or an audit report.The bench of Justice B.R. Sarangi and Justice G. Satapathy has observed that it is not enough if the Assessing Officer refers to the tax evasion report or an audit report; he has to independently apply his mind and …

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 …

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 …

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 …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Madras High Court Quashes ED's Provisional Attachment Order, Says Neither Notice Given To Party Nor Order Confirmed By Adjudicating Authority
1 year, 1 month ago

Madras High Court Quashes ED's Provisional Attachment Order, Says Neither Notice Given To Party Nor Order Confirmed By Adjudicating Authority

Live Law  

The Madras High Court has recently set aside a provisional attachment order made by the Deputy Director of ED and confirmed by the adjudicating authority after noting that the provisional attachment was not made per law. The court was hearing two pleas challenging the provisional attachment order and the entries made in the encumbrance certificate. The court was informed that …

Karnataka High Court Weekly Round-Up: November 6 To 12, 2023
1 year, 4 months ago

Karnataka High Court Weekly Round-Up: November 6 To 12, 2023

Live Law  

Nominal Index: Dr Uday Mulgund And State of Karnataka & Others. A single judge bench of Justice M Nagaprasanna said “The qualification cannot be given a gobye on any circumstance whether it is for the appointment of first Dean cum Director or the subsequent Dean cum Director.” Karnataka High Court Refuses To Entertain PIL For Naming Of Roads In Consultation …

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court
1 year, 5 months ago

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court

Live Law  

The Kerala High Court recently laid down that where the Enforcement Case Information Report has been quashed and no subsequent FIR has been registered against the accused, further proceedings under the Prevention of Money Laundering Act shall be dropped and an order issued under Section 17 would not stand. The counsel argued that since Section 420 IPC is one of …

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023
1 year, 5 months ago

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023

Live Law  

Nominal Index : Veerbhadra Gowda & ANR AND State of Karnataka & Others. 2023 LiveLaw 365 Judgments/Orders Land Earmarked For Village Cattle Can Be Diverted For Larger Public Purposes Like Waste Disposal Unit: Karnataka High Court Case Title: Veerbhadra Gowda & ANR AND State of Karnataka & Others Case No: WRIT PETITION NO. Therefore, the offence punishable under Section 498A …

Keeping Investigations Against Public Servants Pending Affect Their Rights: Karnataka High Court Asks Lokayukta To "Set Its House In Order"
1 year, 6 months ago

Keeping Investigations Against Public Servants Pending Affect Their Rights: Karnataka High Court Asks Lokayukta To "Set Its House In Order"

Live Law  

The Karnataka High Court has asked the Karnataka Lokayukta to "set its house in order" by directing completion of investigation registered against public servants under the Prevention of Corruption Act, within a time frame. A single bench of Justice M Nagaprasanna sitting at Dharwad said, “This Court has come across several cases where investigation has gone on for ages and …

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave
1 year, 8 months ago

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave

Live Law  

The Rajasthan High Court at Jaipur on Wednesday set aside the dismissal order of a BSF Constable who was terminated from the service in 2004 on account of over stay of casual leave. While directing the Union Government to reinstate the said constable, the single judge bench comprising Justice Anoop Kumar Dhand observed: “The impugned order dated 08.03.2004 has been …

Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court
1 year, 8 months ago

Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court

Live Law  

The Karnataka High Court has rejected a petition filed by eight murder accused challenging Magistrate court's order taking cognizance of the offence alleged against them and rejecting the ‘B Report’ filed by the police. A single judge bench of Justice M Nagaprasanna rejected the petitioners contention regarding procedural defects in the cognizance order as the sworn statement was recorded even …

KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court
1 year, 8 months ago

KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court

Live Law  

The Kerala High Court recently held that a delay in initiating proceedings under Section 15 of the Kerala Anti-Social Activities Act, 2007 does not always severe the live link between prejudicial activity and the initiation of legal action.Section 15 of the Act deals with the power to make orders restricting the movements of certain persons.Placing reliance on Stalin CV. The …

Maharashtra Police Act | Externing Authority Can't Direct Initiation Of Proceedings U/S 110 CrPC For Good Behaviour Bond: Bombay High Court
1 year, 8 months ago

Maharashtra Police Act | Externing Authority Can't Direct Initiation Of Proceedings U/S 110 CrPC For Good Behaviour Bond: Bombay High Court

Live Law  

The Bombay High Court has held that externing authority under the Maharashtra Police Act does not have any power to direct the police to approach the executive magistrate for a show cause notice under section 110 of the CrPC against a person. The court quashed an order passed by Deputy Commissioner of Police, Kherwadi, Mumbai, directing initiation of proceedings under …

Upload Orders On Websites, Give Reasons For Adjournments: Karnataka High Court Issues Directions For Quasi-Judicial Authorities
1 year, 11 months ago

Upload Orders On Websites, Give Reasons For Adjournments: Karnataka High Court Issues Directions For Quasi-Judicial Authorities

Live Law  

The Karnataka High Court has directed the Principal Secretary to Department of Rural Development and Panchayat Raj to explore the possibility of making available hybrid hearings through video conferencing, at all quasi judicial authorities. Secretary to explore the possibility of making available similar facilities at all quasi judicial authorities, so as to enable easy access to justice to the citizens …

Karnataka High Court Stays Externment Order Against BSc Student For Two Weeks To Allow Him Appear For Scheduled Examinations
1 year, 11 months ago

Karnataka High Court Stays Externment Order Against BSc Student For Two Weeks To Allow Him Appear For Scheduled Examinations

Live Law  

Coming to the aid of a student pursuing B.Sc course, the Karnataka High Court has stayed for two weeks the execution and operation of the externment order passed by the Assistant Commissioner, against him, to enable him to appear for examinations. A single judge bench of Justice Sachin Shankar Magadum sitting at Dharwad bench disposed of the petition filed by …

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