Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court
11 months, 3 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 employment on basis of fake Transfer Certificate. The court further observed that the equity jurisdiction cannot be exercised in the case of petitioner who obtained the employment, on the basis of false and fabricated transfer certificate as a person who seeks equity must come with clean hands. With the aforesaid observations, the Civil Writ Petition was dismissed and the Impugned Order of the Labour Court was confirmed.

Court Equity Labour Writ Order Petition Karnataka High Karnataka High Court Petitioner Labour Court Fake Transfer Certificate Fraudulent Practice Equity Jurisdiction Transfer Certificate  karnataka  high  petitioner  writ  held  petition  court  certificate  order  service  practice  transfer  passage  fake  disciplinary  fraudulent  sanctity  labour  equity

History of this topic

Karnataka HC agrees to examine plea against its rules that allows destruction of court’s records periodically
2 weeks, 5 days ago

Karnataka HC agrees to examine plea against its rules that allows destruction of court’s records periodically

The Hindu  

The High Court of Karnataka has ordered the issue of a notice to its registry, the Central and State governments on a PIL petition, which has questioned the constitutional validity of the court’s rules that permit the destruction records of the cases after preserving them for 30 years and five years for different categories of records. Court of record Advocate …

Karnataka High Court refuses to interfere with sanction granted for prosecuting three officials for ‘illegally’ favouring former Chief Secretary’s mother
2 weeks, 6 days ago

Karnataka High Court refuses to interfere with sanction granted for prosecuting three officials for ‘illegally’ favouring former Chief Secretary’s mother

The Hindu  

The High Court of Karnataka has refused to interfere with the sanction granted by the State government for prosecuting V. Shankar, former Deputy Commissioner of Bengaluru Urban district, and two others in a criminal case of alleged misconduct in official discharge of duties by favouring the mother of the then Chief Secretary in allegedly owning two acres of government land …

Karnataka High Court Issues Notice On Plea Against Rule Permitting Destruction Of High Court Records After 5 Years
3 weeks, 1 day ago

Karnataka High Court Issues Notice On Plea Against Rule Permitting Destruction Of High Court Records After 5 Years

Live Law  

The Karnataka High Court on Monday issued notice to the Registry of High Court and others on a petition seeking to quash the amendment made to High Court Rules which permits destruction of records available in the high court after five years. A division bench of Chief Justice N V Anajaria and Justice M I Arun issued notice on the …

Govt Can't Pass Interim Order Directing Payment Of Wages To Workmen Without Hearing Management, Workers Union: Karnataka HC
3 weeks, 3 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 …

High Court notice to Karnataka government over dropping cases against MPs, MLAs
3 weeks, 4 days 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 …

NBFC Moves Karnataka High Court Alleging Trial Court Cited 'Non-Existing Judgments' To Reject Its Claim
1 month, 3 weeks ago

NBFC Moves Karnataka High Court Alleging Trial Court Cited 'Non-Existing Judgments' To Reject Its Claim

Live Law  

The Karnataka High Court on Tuesday heard a petition wherein it is claimed that the trial court relied on non-existing judgments on the records of the respective courts to pass an order rejecting the application filed for return of plaint. Senior Advocate Prabhuling K Navadgi appearing for the petitioner Sammaan Capital Limited, a Non-Banking Finance Company submitted before Justice R …

Bank Can Exercise General Lien To Appropriate Term Deposits Of Customers Toward Default Payment Of Loan: Karnataka High Court
3 months ago

Bank Can Exercise General Lien To Appropriate Term Deposits Of Customers Toward Default Payment Of Loan: Karnataka High Court

Live Law  

The Karnataka High Court recently set aside an order of the single judge which had directed Union Bank of India to release the amount in Term Deposits which came to be appropriated towards the loan taken by a businessman, exercising its power of general lien over such deposits. Therefore, the appellants have made out grounds to interfere with the impugned …

Employers Not Outsiders But Stakeholders, Must Be Heard While Fixing/Revising Minimum Wage Of Employees: Karnataka High Court
3 months ago

Employers Not Outsiders But Stakeholders, Must Be Heard While Fixing/Revising Minimum Wage Of Employees: Karnataka High Court

Live Law  

The Karnataka High Court has said that while fixing or revising the Minimum Wages to be paid to employees, employers which is a stakeholder and which will be affected in the exercise, should have their say and the stand before the notification is passed by the Government. A division bench of Chief Justice N V Anjaria and Justice K V …

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 …

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 …

S.24 CPC | Successful Transfer Petition Before District Court Cannot Be Challenged By Filing Another Transfer Petition In HC: Rajasthan HC
8 months ago

S.24 CPC | Successful Transfer Petition Before District Court Cannot Be Challenged By Filing Another Transfer Petition In HC: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that a successful transfer petition under Section 24, CPC, before a district court cannot be challenged before the high court by filing another transfer petition under Section 24, CPC. It was held that the order of the district court on the transfer petition could not have been challenged by filing another transfer petition, rather a …

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 …

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court
8 months, 2 weeks ago

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court

Live Law  

The Karnataka High Court has refused to quash a case of cheating registered against a mother and son who are alleged of fabricating documents in order to acquire title in a property. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Vanitha and Venkatesh M and said, “It is no law that merely because an issue …

Political Influence By Public Servants In Transfer And Posting May Be Sole Ground For Denial Of Relief By Constitutional Court: Karnataka HC
9 months ago

Political Influence By Public Servants In Transfer And Posting May Be Sole Ground For Denial Of Relief By Constitutional Court: Karnataka HC

Live Law  

The Karnataka High Court has deprecated the act of public servants causing political influence in a matter of their transfer and postings and said it may constitute a sole ground for declining relief. A Division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar allowed the appeal filed by Karnataka Food and Civil Supplies Corporation Limited and set …

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court
9 months ago

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court

Live Law  

The Karnataka High Court has quashed a notice issued by the State Bar Council to a 71-year-old Advocate pursuant to 'professional misconduct' allegations levelled against him by the opposite party in a suit, i.e. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Advocate Paras Jain, and said, “The complainant had no locus to file the …

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court
10 months ago

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Sanjay Vashisth held that in the absence of any material in the shape of the affidavit, showing the need for the transfer of the workman from the original place to a new place, it cannot be termed that the decision taken by the Management is fair one and beyond any doubt. …

Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum
10 months, 3 weeks ago

Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum

Live Law  

The Orrisa High Court single bench of Justice Aditya Kumar Mohapatra dismissed a writ petition against private companies based on the reason that private companies do not classify as the State, as defined under Article 12 of the Indian Constitution. Brief Facts: All Odisha Bharati Infratel Contractual Technicians Union filed a writ petition before the High Court of Odisha, representing …

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court
10 months, 3 weeks ago

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court

Live Law  

The Karnataka High Court single bench of Justice Shivashankar Amarannavar held that the right to claim interest could be considered a pre-existing right or benefit only if explicitly determined in the contract of employment or in the resolutions governing service conditions. Furthermore, the bench held that an application under Section 33C of the Industrial Disputes Act, 1947 in the Labour …

Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman
11 months ago

Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman

Live Law  

The Karnataka High Court single-judge bench of Justice Shivshankar Amarannavar held that when an industrial dispute is pending in an adjudicatory body, the employer must seek approval from the Tribunal for the dismissal of the worker, as mandated by Section 33 of the Industrial Disputes Act. The Management argued that the Workman remained silent for six years following the dismissal …

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court
11 months ago

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court

Live Law  

The High Court of Karnataka single bench of Mrs Justice K.S Hemalekha held that persons carrying managerial and supervisory responsibilities do not fall within the scope of 'workman', as defined under Section 2 of the Industrial Disputes Act. The question before the labour court was whether she would be a 'workman' within the scope of Section 2 of the Industrial …

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 …

HC Directs Govt To Reconsider Transfer of Employees From AP
1 year, 3 months ago

HC Directs Govt To Reconsider Transfer of Employees From AP

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court, comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar, disposed of four similar writ petitions pertaining to the action of the State of Telangana in not according consent for permanent interstate transfers in pursuance of letter addressed by the State of Andhra Pradesh to the State of Telangana. HC Allows …

Long Service In Industrial Establishment Should Ordinarily Be Recognized As Advantageous To Workman: Karnataka High Court
1 year, 3 months ago

Long Service In Industrial Establishment Should Ordinarily Be Recognized As Advantageous To Workman: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed an appeal challenging a Labour Court award, whereby an employee dismissed from service due to intermittent absence from work for attending to ailing relatives was ordered to be reinstated. While dismissing the appeal, which was filed against the order of a Single Judge of the court that confirmed the award, the division bench of …

No Fundamental Right To Do Business With State: High Court Dismisses Contractors' Plea Against Karnataka Govt's Call For Tenders Above ₹1 Crore
1 year, 3 months ago

No Fundamental Right To Do Business With State: High Court Dismisses Contractors' Plea Against Karnataka Govt's Call For Tenders Above ₹1 Crore

Live Law  

The Karnataka High Court has refused to interfere with the government's decision to issue tenders under the Amrutha Nagarothana Scheme, wherein various works are clubbed together and the value of each tender was allotted to be more than Rs.1 crore. No person can claim a fundamental right to carry on business with the Government.” The petitioners had claimed that they …

Karnataka High Court 'Obliterates' PMLA Proceedings Against Developer For Delay In Delivering Flat To Homebuyer
1 year, 4 months ago

Karnataka High Court 'Obliterates' PMLA Proceedings Against Developer For Delay In Delivering Flat To Homebuyer

Live Law  

The Karnataka High Court has quashed a criminal case for cheating registered by a home buyer against a Developer for delay in delivery of his flat. If the execution of the sale deed is not accepted by the complainant, it cannot mean that it would become a criminal breach of trust or cheating, as the case would be, as there …

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 …

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court
1 year, 9 months ago

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court

Live Law  

The Kerala High Court has ruled that when a statute confers specific power upon a judicial officer to tackle a particular situation on the judicial side, the administrative authority would be precluded from entertaining the complaint and taking a decision on the administrative side. The Single Judge Bench of Justice Shaji P. Chaly made the above observation in a case …

Calcutta High Court Orders West Bengal Police To Probe Filing Of 'Fake' Writ Petition By Co-operative Society Members
1 year, 11 months ago

Calcutta High Court Orders West Bengal Police To Probe Filing Of 'Fake' Writ Petition By Co-operative Society Members

Live Law  

The Calcutta High Court on Wednesday directed ADGP, CID, West Bengal to initiate criminal proceedings and investigation against persons who were allegedly involved in filing of a "fake" writ petition before it by forging signatures of eight persons including a dead person. Nizamuddin observed: “This is a serious criminal offence committed before this High Court by filing this fake writ …

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 …

Karnataka High Court Permitted Superintendent of Central Tax To Pass Orders For Revoking Cancellation Of GST Registration On Filing Returns
2 years ago

Karnataka High Court Permitted Superintendent of Central Tax To Pass Orders For Revoking Cancellation Of GST Registration On Filing Returns

Live Law  

The Karnataka High Court has permitted the Superintendent of Central Tax to pass suitable orders for revocation of the cancellation of the GST registration, if the petitioner/assessee files returns.The single bench of Justice B. M. Shyam Prasad has observed that the cancellation of GST registration was without due opportunity and was arbitrary.The petitioner submitted that the respondent. The Karnataka High …

Even After 75 Years Of Independence, Downtrodden People Can't Do Business Equally As Upper Caste People: Karnataka High Court
2 years, 1 month ago

Even After 75 Years Of Independence, Downtrodden People Can't Do Business Equally As Upper Caste People: Karnataka High Court

Live Law  

The Karnataka High Court, while refusing to quash proceedings against accused under the Schedule Caste and Scheduled Tribe Act, said that despite the completion of 75 years of independence of India, "the downtrodden people not able to do any business equal to that of any other business people who were said to be in upper caste." Justice K Natarajan observed …

Writ Of Certiorari Can't Be Issued To Examine Adequacy Of Evidence Adduced Before Lower Court/Tribunal: Orissa High Court Reiterates
2 years, 3 months ago

Writ Of Certiorari Can't Be Issued To Examine Adequacy Of Evidence Adduced Before Lower Court/Tribunal: Orissa High Court Reiterates

Live Law  

The Orissa High Court has clarified that a proceeding cannot be drawn for issuance of the writ of certiorari merely to challenge a finding of fact recorded by a Lower Court/Tribunal, on the ground that the material evidence adduced before the forum was 'insufficient' to sustain the finding. While placing reliance on the ruling of the Supreme Court in Syed …

An Ex-Parte Decree Obtained By Suppressing Fact Of Non-Service Of Summons On Defendant Would Be Vitiated By Fraud: Calcutta HC
2 years, 6 months ago

An Ex-Parte Decree Obtained By Suppressing Fact Of Non-Service Of Summons On Defendant Would Be Vitiated By Fraud: Calcutta HC

Live Law  

The Calcutta High Court has held that an ex-parte decree which is obtained by suppression of the fact of non-service on the defendant would be vitiated by fraud. The Bench of Justice Shekhar B. Saraf set aside an ex-parte decree under Order IX Rule 13 CPC on the ground that the defendant could not be served with a notice of …

Civil Case & Criminal Proceeding Can Be Initiated Simultaneously Only If "Criminality" Is Involved: Jharkhand High Court
2 years, 7 months ago

Civil Case & Criminal Proceeding Can Be Initiated Simultaneously Only If "Criminality" Is Involved: Jharkhand High Court

Live Law  

The Jharkhand High Court has reiterated that both civil case and criminal proceeding can be initiated simultaneously with a rider that some sense of "criminality" is involved in the allegations. While allowing the petition, Justice Sanjay Kumar Dwivedi: "There is no dispute with regard to the fact that civil case and criminal proceeding can go simultaneously, if criminality is involved. …

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place
2 years, 8 months ago

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place

Live Law  

The Karnataka High Court has dismissed a petition filed by a former Civil Judge, Junior Division questioning the order dated March 22, 2021 passed by the state government ordering compulsory retirement from service. In 2019, he was posted as Additional Civil Judge, JMFC, Virajpet and by a Notification dated June 22, 2019, he was placed in charge as Civil Judge …

Claim Petition Without Verification, Writ Not Maintainable Against An Order Dismissal Of Claim : Gujarat High Court
2 years, 9 months ago

Claim Petition Without Verification, Writ Not Maintainable Against An Order Dismissal Of Claim : Gujarat High Court

Live Law  

The High Court of Gujarat has held that a writ petition would not be maintainable against an order of the arbitral tribunal whereby it has rejected the claim of a party on the ground that its pleadings were without verification and affidavit to that effect. The Court held that on a harmonious reading of Section 2 with provisions of Section …

Karnataka High Court Stays Single Judge Order Dispensing Trial Court's Permission For Passport Renewal Where Criminal Trial Is Stayed By Higher Court
2 years, 9 months ago

Karnataka High Court Stays Single Judge Order Dispensing Trial Court's Permission For Passport Renewal Where Criminal Trial Is Stayed By Higher Court

Live Law  

The Karnataka High Court has stayed a single judge bench order which held that the permission from a trial court is not necessary for renewal of passport when the criminal proceedings are stayed by a higher court. A division bench of Chief Justice Ritu Raj Awasthi and Justice Ashok S Kinagi stayed the order dated March 17, by which the …

Res Judicata: Son Bound By Judicial Proceedings Initiated By Father With Respect To Immovable Property, Rules Karnataka High Court
2 years, 9 months ago

Res Judicata: Son Bound By Judicial Proceedings Initiated By Father With Respect To Immovable Property, Rules Karnataka High Court

Live Law  

The Karnataka High Court has said that proceedings initiated by a father in respect of a claim of title over a property which is decided by the court will bind the son also. The authority had challenged the order passed by the single judge bench dated 25.02.2016, by which writ petition preferred by respondent Nos.1 to 1 was allowed and …

Departmental Proceedings Are Necessary Even For Termination Of Temporary Employee: Madras High Court
2 years, 10 months ago

Departmental Proceedings Are Necessary Even For Termination Of Temporary Employee: Madras High Court

Live Law  

The Madras High Court recently observed that the employer shall follow the procedures in departmental proceedings including framing of charge, giving an opportunity to the employee, conducting a disciplinary enquiry and thereafter deciding the issue even with respect to temporary employees. He then filed a writ petition where the High Court directed the Registrar to consider the petitioner's representation and …

Employment Obtained Through Fake Caste Certificate Is 'Void Ab Initio': Madras High Court Orders Compulsory Retirement
2 years, 10 months ago

Employment Obtained Through Fake Caste Certificate Is 'Void Ab Initio': Madras High Court Orders Compulsory Retirement

Live Law  

The Madras High Court on Thursday ordered compulsory retirement of an employee of Indira Gandhi Centre for Atomic Research who had gained employment by submitting a fake SC community certificate. The Division bench of Justice S. Vaidyanathan and Justice Mohammed Shaffiq also observed that though the employee was appointed only under the Open Category and further promotions were based on …

Wife's Transfer Petition Can Be Allowed If Husband's Offer To Pay Conveyance Charges For Attending Hearings Not Bonafide: Telangana High Court
2 years, 10 months ago

Wife's Transfer Petition Can Be Allowed If Husband's Offer To Pay Conveyance Charges For Attending Hearings Not Bonafide: Telangana High Court

Live Law  

The Telangana High Court has recently ruled that even if the husband offers to pay the conveyance charges for the wife to appear for the family court hearings, if such an offer seems to have been made without bona fides, it can order for the case to be transferred to the Family Court near the residence of the wife. On …

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint
3 years ago

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Live Law  

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner …

Where An Allegation Of Fraud Is Made, The Said Allegation Would Have To Be Proved Beyond Any Reasonable Doubt: Andhra Pradesh High Court
3 years, 1 month ago

Where An Allegation Of Fraud Is Made, The Said Allegation Would Have To Be Proved Beyond Any Reasonable Doubt: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh Court vide order by Justice R. Raghunandan Rao recently ruled that where an allegation of fraud is made, the said allegation would have to be proved beyond any reasonable doubt. Anjaneyulu, Senior Counsel appearing for respondent, was that once the Executing Court had found that there was fraud, the natural consequences of such finding is that the …

Absence Of Prior Approval By State Government Before Executing The Sale Deed Would Vitiate And Invalidate The Document: Karnataka High Court
3 years, 2 months ago

Absence Of Prior Approval By State Government Before Executing The Sale Deed Would Vitiate And Invalidate The Document: Karnataka High Court

Live Law  

The Karnataka High Court recently said that not obtaining of previous/prior approval from the State Government by the Karnataka Housing Board before execution of the sale deed dated would invalidate and vitiate the said document. "Absence/lack/want of previous/prior approval by the State Government before executing the impugned Sale Deed dated 23.08.2006 would vitiate and invalidate the said document and mere …

Karnataka High Court Asks State, Municipal Corporations To Initiate Departmental Enquiry Against Officers Who Fail To Check Illegal Constructions
3 years, 3 months ago

Karnataka High Court Asks State, Municipal Corporations To Initiate Departmental Enquiry Against Officers Who Fail To Check Illegal Constructions

Live Law  

The Karnataka High Court has directed the State government or Municipal Corporations to initiate departmental enquiry against those Officers who show or have shown lackadaisical attitude in performance of their duty to check the growth of illegal constructions in their jurisdictions. Justice M Nagaprasanna said, "It is necessary that the jurisdictional Assistant Engineer, Assistant Executive Engineer or the Executive Engineer …

Madras High Court Recommends Constitution Of Quasi-Judicial Appellate Tribunal For Cancellation Of Registrations Arising Out Of Fraudulent Transactions
3 years, 4 months ago

Madras High Court Recommends Constitution Of Quasi-Judicial Appellate Tribunal For Cancellation Of Registrations Arising Out Of Fraudulent Transactions

Live Law  

The Madras High Court on Friday observed that fraudulent registration of sale deeds in the State have only reduced and not stopped completely despite several measures undertaken by the Registration Department over the years. Justice R. Suresh Kumar also recommended the constitution of a quasi-judicial appellate tribunal headed by a retired High Court judge and comprising two members one. Justice …

'Perjury A Heinous Crime, Complaints On It Shouldn't Be Deferred': Karnataka High Court
3 years, 6 months ago

'Perjury A Heinous Crime, Complaints On It Shouldn't Be Deferred': Karnataka High Court

Live Law  

The Karnataka High Court recently observed that consideration of complaints regarding perjury should not be deferred or delayed by courts. The observation was made by the court while hearing a petition filed by an estranged husband challenging an order passed by the trial court, rejecting his application seeking to initiate perjury proceedings against his wife. The court then reproduced the …

Karnataka High Court Imposes ₹ 10 Lakh Cost On Petitioner For Multiple Petitions Against Azim Premji
4 years, 1 month ago

Karnataka High Court Imposes ₹ 10 Lakh Cost On Petitioner For Multiple Petitions Against Azim Premji

Live Law  

The Karnataka High Court has imposed a cost of Rs 10 lakh on not for profit company-India Awake for Transparency, for filing multiple petitions on the very same cause of action, seeking to register a case against founder Chairman of Wipro Company, Azim Premji and others.The Court noted that petitioner had filed multiple writ petitions in the High Court seeking …

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act
4 years, 2 months ago

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act

Live Law  

The Karnataka High Court has dismissed a petition filed by a not for profit company named "India Awake for Transparency", challenging an order of the magistrate court dismissing its private complaint seeking directions to Reserve Bank of India to register a case against Wipro founder Azim Premji and others under the Reserve Bank of India Act. Further, it was said …

Discover Related