Section 47 Of The CPC Does Not Apply To Proceedings For Enforcement Of Arbitral Award: Karnataka High Court

The High Court of Karnataka has held that Section 47 of the CPC does not apply to proceedings for enforcement of arbitral award. The bench of Justice C.M. Poonacha held that an arbitral award can only be challenged on the grounds mentioned under Section 34 of the Act and not otherwise. It held that the award is deemed to be a decree for the purpose of the enforcement, however,...

Parties Not Signatories To Joint Venture Agreement Cannot Be Forced To Arbitration Proceedings: Karnataka High Court

The Karnataka High Court single bench of Justice M G Uma held that the parties not signatories to the Joint Venture Agreement, stipulating the arbitration clause, cannot be forced to arbitration proceedings. Brief Facts: The Platintiff approached the Karnataka High Court (“High Court”) and filed a writ of certiorari to annul the order to refer the dispute to the Arbitrator...

Lok Adalats Can't Entertain Any Applications Where Judicial Orders Are Required To Be Passed: Karnataka High Court

The Karnataka High Court has held that an order passed by the Lok-Adalat accepting the compromise and directing the decree of the suit is not valid. A single judge bench of Justice V Srishananda allowed the petition filed by one Pooja and quashed the compromise decree dated 27-10- 2007 passed by the Taluka Legal Authority, Sindagi (Lok Adalat). It said, “Since the...

Article 311(1) Guarantees Safeguards To Govt Employees Including Right To Fair Enquiry Before Any Adverse Action Is Taken: Karnataka High Court

The Karnataka High Court has set aside the penalty of compulsory retirement imposed on an Assistant Professor, by the Executive Council of the Visvesvaraya Technological University. A single judge bench of Justice Sachin Shankar Magadum allowed the petition filed by Dr.Yogananda A and said, “The impugned penalty of compulsory retirement passed by the respondent No.2 as per...

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act on the ground that cognizance had already been taken of the complaint. A single judge bench of Justice Mohammad Nawaz allowed the plea challenging the order...

Rights Of Adopted Children Of Citizens Can't Be Marooned: Karnataka HC Directs CARA To Consider Granting NOC For Child Adopted From Non-Hague Convention Country

The Karnataka High Court has directed the Central Adoption Resource Authority (CARA) to consider the representation of a couple who are Indian Citizens and have adopted a child in Uganda, a country which is not a signatory to the Hague Convention 1995 and seeking to legalise the adoption in India in terms of Juvenile Justice (Care and Protection of Children) Act, 2015 and the...

Second Spouse Or Their Family Can't Be Prosecuted For Bigamy Under Section 494 IPC: Karnataka High Court

The Karnataka High Court has made it clear that it is only the husband or wife who marries for the second time during the subsistence of an earlier marriage and the life time of the earlier spouse, who can be prosecuted under Section 494 of the Indian Penal Code.A single judge bench of Justice Suraj Govindaraj added that the second spouse or their parents can't be prosecuted under...

Superintendent In Medical Institution Cannot Hold Additional Charge Of Head Of Department: Karnataka High Court

The Karnataka High Court has held that a Medical Superintendent of an Autonomous Medical Institution cannot be given an additional charge of Head of Department.A single-judge bench of Justice Sachin Shankar Magadum allowed the petition filed by Dr. Sridhara S and quashed the official memorandum issued by the Shivamogga Institute of Medical Sciences appointing Dr. T.D. Thimmappa as an...

Karnataka HC Imposes Costs Of ₹10 Lakh On New Indian Express For Publishing Inquiry Report Against District Judge Which Had Been Rejected By Full Court

The Karnataka High Court has imposed a cost of Rs 10 lakh on the owner of Express Publications (Mudhurai) Ltd, which publishes the New Indian Express newspaper for publishing a report indicating the findings of an inquiring Authority report conducted against a district judicial officer, even when the Administrative Committee, of the High Court had already resolved to not accept the Report of...

Karnataka High Court Refuses To Quash Kannada Actor Sudeep's Defamation Complaint Against NM Suresh

The Karnataka High Court has refused to quash a defamation complaint filed by Kannada Actor Sudeep S against N M Suresh who is the office bearer of the Kannada Film Producers Association and Secretary of the Film Chamber of Commerce for allegedly making false acquisitions against Sudeep.A single judge bench of Justice S Vishwajith Shetty dismissed the petition filed by Suresh seeking to quash...

Disputed Property Rights Can't Be Dealt With In Writ Jurisdiction, Writ Courts Can Only Take Note Of Already Established Rights: Karnataka HC

The Karnataka High Court has made it clear that contested property rights cannot be dealt with in writ jurisdiction. The writ court can at the best take notice of the property rights of the parties which are already established rights.A division bench of Chief Justice N V Anjaria and Justice Krishna S Dixit dismissed an appeal filed by Althaf Ahamed, challenging an order of the single judge...

Emotion Should Not Become An Influencing Factor To Impose Death Penalty: Karnataka High Court Reduces Sentence For Beheading Mother's Head

The Karnataka High Court has set aside the death penalty imposed on an accused for murdering his mother by beheading her, and sentenced him to life imprisonment.A division bench of Justice Sreenivas Harish Kumar and S Rachaiah partly allowed the appeal filed by accused Thimmappa challenging the conviction and death sentence imposed on him by the trial court under section 302 of the India...