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Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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Supreme Court Upholds High Court Judgments on Creamy Layer Determination for OBC Reservation in Civil Services. Inclusion of Salary Income for PSU Employees Under Category II(C) of Office Memorandum Dated 08.09.1993 Found Discriminatory and Set Aside Due to Violation of Article 14.

The Supreme Court dealt with three consolidated civil appeals arising from separate High Court judgments concerning the determination of creamy layer ...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell dated 28.05.2012 for Rs.2,89,000/- with Rs.2,00,000/- Earnest Money Enforced as Plaintiff Proved Continuous Readiness and Willingness.

The plaintiff-respondent filed a suit for specific performance of an agreement to sell dated 28.05.2012, whereby the defendants-appellants agreed to s...

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High Court of Karnataka Quashes Passport Authority's Show Cause Notice for Renewal — Petitioner's Right to Passport Upheld Despite Pending Criminal Proceedings. Passport Renewal Cannot Be Denied Solely on Ground of Pendency of Criminal Case Without Specific Adverse Finding Under Passports Act, 1967.

The petitioner, Kajal Naresh Kumar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka a...

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High Court of Karnataka Grants Bail to Accused in Attempt to Murder Case Due to Lack of Prima Facie Evidence and Long Incarceration. Petitioners/Accused Nos.5 and 6 Granted Regular Bail Under Section 439 CrPC for Offences Under Sections 143, 147, 148, 307 r/w 149 IPC.

The High Court of Karnataka at Bengaluru, presided by Justice K. Somashekar, disposed of two connected criminal petitions filed under Section 439 of t...