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Karnataka High Court | Imposes ₹2 Lakh Cost on Senior Citizen Petitioner | Frivolous Habeas Corpus Plea to Malign Police Held Abuse of Process

Karnataka High Court | Imposes ₹2 Lakh Cost on Senior Citizen Petitioner | Frivolous Habeas Corpus Plea to Malign Police Held Abuse of Process

Sanchayita Lahkar   The High Court of Karnataka Division Bench of Justice Anu Sivaram and Justice Rajesh Rai K dismissed a writ of habeas corpus and directed the petitioner to pay punitive costs. The Court held that the litigation was filed with an ulterior motive and without bona fides. It directed the petitioner to deposit Rs.2,00,000, to be equally distributed between the Karnataka Legal Services Authority and the Karnataka Poli...

Karnataka High Court | Suspension of Legislative Council Deputy Secretary Over Constitution Day Omission of Ambedkar’s Portrait Quashed | Disciplinary Enquiry To Continue

Karnataka High Court | Suspension of Legislative Council Deputy Secretary Over Constitution Day Omission of Ambedkar’s Portrait Quashed | Disciplinary Enquiry To Continue

Sanchayita Lahkar   The High Court of Karnataka Single Bench of Justice H.T. Narendra Prasad delivered an oral order directing that a writ petition challenging a suspension order be allowed. The court set aside the suspension order issued against a serving officer and instructed the concerned authorities to conclude the departmental enquiry in accordance with law. The bench made it clear that any observations recorded in the order...

Karnataka High Court | S.112 Evidence Act — DNA Test in Partition Suit Cannot Be Ordered as Matter of Course | Compelling Paternity Test Without Imminent Need Violates Sanctity of Marriage

Karnataka High Court | S.112 Evidence Act — DNA Test in Partition Suit Cannot Be Ordered as Matter of Course | Compelling Paternity Test Without Imminent Need Violates Sanctity of Marriage

Isabella Mariam   The High Court of Karnataka Single Bench of Justice M. Nagaprasanna held that an order directing the conduct of a DNA test in a partition dispute was unsustainable in law. The court quashed the impugned order of the trial court which had allowed the plaintiffs’ application for DNA testing of the defendants to determine paternity. The High Court declared that all consequential proceedings, including the DNA e...

Karnataka High Court | Grounds ‘Abandoned’ in First 482 Quashing Plea Cannot Be Revived in Subsequent Petition | ₹188 Crore Valmiki Nigama Conspiracy Allegations Must Go to Trial

Karnataka High Court | Grounds ‘Abandoned’ in First 482 Quashing Plea Cannot Be Revived in Subsequent Petition | ₹188 Crore Valmiki Nigama Conspiracy Allegations Must Go to Trial

Isabella Mariam   The High Court of Karnataka Single Bench of Justice M. Nagaprasanna held that the present challenge seeking quashing of proceedings and a declaration of illegality in the petitioner’s arrest is not maintainable and, in any event, does not warrant interference. The Court recorded that following consideration of the materials placed and the applicable legal standards governing successive petitions under Sectio...

Karnataka High Court: Fixed-Term Life Sentence Beyond 20 Years Does Not Bar Remission | Authorities Must Reconsider Release Applications Under Prison Rules

Karnataka High Court: Fixed-Term Life Sentence Beyond 20 Years Does Not Bar Remission | Authorities Must Reconsider Release Applications Under Prison Rules

Sanchayita Lahkar   The High Court of Karnataka, Dharwad Bench, Single Bench of Justice Suraj Govindaraj allowed a writ petition seeking remission of sentence for three detenues convicted of murder. The Court directed the prison authorities and the Life Convicts Release Committee to reconsider their remission applications in accordance with the Karnataka Prisons and Correctional Services Manual, 2021. The Court further ordered that...

Karnataka High Court | Transfer Of Government Employee Not Vitiated Merely For Being Based On MLA Recommendation | Transfer Is Incidence Of Service Under 2024 Guidelines

Karnataka High Court | Transfer Of Government Employee Not Vitiated Merely For Being Based On MLA Recommendation | Transfer Is Incidence Of Service Under 2024 Guidelines

Safiya Malik   The High Court of Karnataka Division Bench of Justice S.G. Pandit and Justice K.V. Aravind delivered its judgment dismissing a writ petition challenging the premature transfer of a Tahsildar. The Bench held that transfer is not a condition of service but an incidence of service and concluded that even if a transfer is made at the instance of an elected representative, such an order would not automatically stand vitia...

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