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High Court of Karnataka Dismisses Writ Petition of Dismissed Employee in Bribery Case — Acquittal in Criminal Trial Does Not Automatically Vitiate Disciplinary Proceedings. The court held that disciplinary proceedings and criminal trials are independent, and an honourable acquittal does not erase the gravity of proven misconduct in departmental proceedings....

The petitioner, P V Rudrappa, a Panchayat Development Officer, was dismissed from service on 24.05.2019 on the ground of proven bribery. He challenged the dismissal order before the Karnataka State Ad...

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Karnataka High Court Disposes of Cross Appeals in Murder and Attempt to Murder Case Arising from Cart Track Dispute. The Court applies the principle that cross cases are to be tried independently but may be disposed by a common judgment to avoid inconsistency, examining evidence under Sections 302, 307, 34 IPC and Sections 372, 374(2) CrPC....

The High Court of Karnataka heard two criminal appeals arising from a single incident on 19 October 1998 at Ummadahalli Village, Mandya District. The dispute involved two families over a cart track ac...

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High Court of Karnataka Allows Writ Petition Quashing Arbitrator's Orders Refusing to Decide Jurisdiction as Preliminary Issue. Arbitrator Must Rule on Jurisdiction at Threshold Under Section 16 of Arbitration Act, 1940....

The petitioner, M/s. Northroof Ventures Private Limited (formerly M/s. Nitesh Housing Developers Pvt. Ltd.), a company incorporated under the Companies Act, 1956, entered into a contract with the firs...

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High Court of Karnataka Allows Revision Petition in Maintenance Case Under Section 125 CrPC — Family Court Erred in Dismissing Petition on Ground of Failure to Prove Marriage. Proceedings Under Section 125 CrPC Are Summary in Nature and Evidence Must Be Appreciated on Preponderance of Probabilities....

The revision petition was filed by Smt. Shashikala (wife) and her two minor children, Sneha and Thilak Kumar, challenging the order dated 25.09.2018 passed by the Principal Family Court, Kolar, in Crl...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Despite Deceased's Negligence. Death of a bona fide passenger who fell while boarding a moving train is an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and negligence is not a defence under Section 124A....

The appellants, being the wife and children of the deceased Gautam Patil, filed a claim for compensation before the Railway Claims Tribunal, Nagpur, alleging that the deceased died in an untoward inci...

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Bombay High Court Quashes Rape Case Against Applicant in Promise of Marriage Dispute — Lack of Evidence of False Promise from Inception. Physical Relations Consensual Based on Long-Standing Relationship and Subsequent Conduct of Victim Indicates No Deception Under Section 376(2)(n) IPC....

The applicant, Gaurav Wankhede, filed a criminal application under Section 482 CrPC seeking quashing of Sessions Case No.569/2019 arising out of FIR No.213/2019 registered at Police Station Beltarodi,...

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Bombay High Court Dismisses Petition for Date of Birth Rectification in Service Book Due to Delay and Lack of Evidence. Application for correction made after six years of service rejected as petitioner failed to produce contemporaneous documentary evidence and the application was filed beyond reasonable time....

The petitioner, Satishkumar Sukhlal Valmiki Chaudhary, was appointed as a Peon on 31st May 2005 with the State of Maharashtra. At the time of appointment, he declared his date of birth as 19th January...

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Bombay High Court Upholds Reinstatement of Driver with 50% Backwages in Industrial Dispute Against Hotel. Principal Employer Liability Affirmed Under Industrial Disputes Act, 1947 for Termination by Contractor....

The judgment concerns cross petitions filed by M/s. Chalet Hotels Ltd. (the employer) and Mr. Bhikan Laxman Deokar (the workman) challenging an Award dated 29 January 2019 passed by the 7th Labour Cou...

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Bombay High Court Allows Advocate's Petition to Remove Name from Caution List in Bank Fraud Case — Failure to Provide Hearing Violates Natural Justice. Petitioner's name was included in caution list by Indian Banks' Association based on State Bank of India's request without prior notice or opportunity of hearing, leading to quashing of the caution list entry....

The petitioner, an advocate empanelled as a panel advocate for State Bank of Hyderabad (now merged with State Bank of India), provided search and title reports for three properties in 2014. Based on t...