Search Results for "Article 227 writ jurisdiction"

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Bombay High Court Quashes FIR Against Police Officers in Custodial Death Case Due to Lack of Sanction Under Section 197 CrPC. Prosecution for alleged murder and torture during custody fails as prior sanction for prosecution of public servants was not obtained, rendering the proceedings invalid.

The judgment pertains to two criminal writ petitions filed by police officers seeking quashing of an FIR registered by the Central Bureau of Investiga...

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High Court of Karnataka Dismisses Petition Challenging Refusal to Set Aside Ex-Parte Decree in Suit for Permanent Injunction — Held That Trial Court's Discretionary Order Did Not Suffer from Jurisdictional Error or Perversity.

The petitioners, who were defendants in a suit for permanent injunction filed by the respondent-company, challenged the order of the trial court dated...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Written Statement Filing in Civil Suit — Order 8 Rule 1 CPC Held Directory Not Mandatory. The court declined to interfere under Article 227 as the trial court's order was not perverse or illegal.

The petitioners, who were defendants in a civil suit (O.S.No.6032/2017) pending before the XXVII Additional City Civil Judge, Bengaluru, filed a writ ...

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Bombay High Court Dismisses Petition by Co-operative Society Challenging Orders Allowing Associate Member to Use Terrace. Terrace held to be part of the flat under the Maharashtra Co-operative Societies Act, 1960, and the society cannot restrict its use.

The petitioner, Maitri Park Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging orders...

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High Court of Karnataka Quashes Compromise Decree in Lok Adalat for Abuse of Process. Court finds that a compromise decree passed in Lok Adalat without proper verification of parties and without ensuring free consent is a nullity and liable to be set aside under Article 227 of the Constitution.

The petitioner, Smt. Akkubai, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of a compromise decree da...

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High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — One Time Settlement Not Binding as Bank Did Not Accept Offer. Court Held That Mere Submission of OTS Proposal Does Not Create Binding Contract; Bank's Rejection Valid.

The petitioners, borrowers of the respondent bank, challenged the order dated 22.09.2022 passed by the Debt Recovery Tribunal-I, Bangalore in Diary No...