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

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

Relief To Gautam Gambhir: Delhi High Court Stays Trial Court Order Overturning His Discharge In Cheating Case

The Delhi High Court on Monday stayed a trial court order which directed fresh investigation into the alleged role of former cricketer and current head coach of the Indian cricket team Gautam Gambhir in a cheating case concerning flat buyers.Justice Manoj Kumar Ohri stayed the order passed by Rouse Avenue Courts on October 29 overturning the discharge of Gambhir and several others in the...

Since Award Is A Deemed Decree, Execution Can Be Initiated Anywhere Where Decree Can Be Executed: Allahabad High Court

The Allahabad High Court bench of Justice Neeraj Tiwari affirmed that the enforcement of an award through its execution can be initiated anywhere in the country where the decree can be executed and there is no requirement of obtaining a transfer of the decree from the Court which would have jurisdiction over the arbitral proceedings.Brief FactsLand of respondent Nos. 1 & 2 has been...

Karnataka High Court Weekly Round-Up: November 11 - November 17, 2024

Citations: 2024 LiveLaw (Kar) 464 To 2024 LiveLaw (Kar) 471Nominal Index:B C Hanumantharaju AND Kavyashree & ANR. 2024 LiveLaw (Kar) 464Khaja Hussain AND State of Karnataka. 2024 LiveLaw (Kar) 465Nagaraj G K AND THE HON'BLE ADDL. LABOUR COMMISSIONER & Others. 2024 LiveLaw (Kar) 466Nagaraj G K AND THE HON'BLE ADDL. LABOUR COMMISSIONER & Others. 2024 LiveLaw (Kar) 466UNION BANK OF...

Blindness Doesn't Come In Way Of Discharging Duties Of Teacher: Karnataka HC Upholds Order To Consider 100% Visually Challenged Candidate

Quoting examples of visually impaired persons who have achieved great things in life such as Homer, Helen Keller and Louise Braille among others, the Karnataka High Court has observed that blindness would not come in the way of discharging duties of a teacher.A division bench of Justice Krishna S Dixit and Justice C M Joshi held thus while upholding an order passed by the Karnataka...

Plea In Calcutta High Court Seeks CBI Probe Into 'Mysterious' Death Of Doctor At Jhargram Hospital

A plea has been moved before the Calcutta High Court seeking a probe by the Central Bureau of Investigation (CBI) into the death of Dr Dipro Bhattacharya an anaesthetist at Jhargram Hospital.According to reports, the doctor was found dead under mysterious circumstances at a lodge in Jhargram, along with a note.It is alleged by the petitioners that the death of Bhattacharya was due to...

Kerala HC Asks Investigating Agency To Inform Centre About Foreign Agency's 'Suspicious' Survey Allegedly Hurting Feelings Of Muslim Community

The Kerala High Court has asked investigating agency Internal Security Investigation Team (ISIT) to inform Central Government about the "suspicious" survey allegedly conducted by a foreign agency without sanction from it.The Internal Security Investigation Team (ISIT) after investigation alleged that the foreign agency, Princeton Survey Research Associates (PSRA) had conducted the survey with...

Circular Issued For Police On Protocols To Arrest Accused Beyond State Borders: Tamil Nadu DGP Tells Kerala High Court

The Director General of Police of Tamil Nadu has informed the Kerala High Court that a new circular dated November 13 has been issued outlining detailed guidelines to be followed while making arrests of accused persons outside the state's borders.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. have granted time to the Public Prosecutor to submit the circular...

Unless Appointment Of Arbitrator Under Arbitration Clause Is Ex-Facie Valid, Jurisdiction Of Court U/S 11(6) Cannot Be Barred: Rajasthan HC

The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that unless the appointment of the arbitrator is ex facie valid and such appointment satisfies the Court exercising jurisdiction under Section 11(6) of the Arbitration Act, acceptance of such appointment as a fait accompli to debar the jurisdiction under Section 11(6) cannot be countenanced in law. Brief...

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship

The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Satish and quashed the case registered against him for sections 323,376,417,420,504,506 of the Indian Penal Code.A detailed order is yet to be made available. While granting interim relief and staying...

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC

The Delhi High Court bench of Justice Sachin Datta has held that the objections as regards the capacity of the party to initiate arbitration is an aspect which is necessarily required to be gone into the arbitration proceedings, however, the same could not preclude the constitution of an Arbitral Tribunal. The court held that a party may raise appropriate...

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court

Rajasthan High Court has reaffirmed that a penalty of censure is not an impediment in promotion where the selection criteria to the post is not solely based on merit but also has a component of seniority in it.The bench of Justice Farjand Ali was hearing a writ petition filed by a retired Additional Superintendent of Police (ASP), seeking a direction to the State Government for considering...