Karnataka High Court
ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court
The Karnataka High Court single bench of Justice Shivashankar Amarannavar held that the right to claim interest could be considered a pre-existing right or benefit only if explicitly determined in the contract of employment or in the resolutions governing service conditions. However, it held that neither the contract of employment nor the service conditions of the Workman outlined the payment of interest on delayed service benefits. Furthermore, the bench held that an application...
Company Must Be Necessary Party For Its Offenses Under Minimum Wages Act, Directors Can't Be Sued Separately For Vicariously Liability: Karnataka High Court
The Karnataka High Court single bench of Justice S Vishwajith Shetty held that a company must be accused as a necessary party for its offences under the Minimum Wages Act, 1948. Persons acting on its behalf, including directors, cannot be criminally prosecuted if the company itself is not named as an accused party. Brief Facts: Mr Padpara Patti and Mr...
Husband Telling Deceased To 'Hang Himself' For Allegedly Having Illicit Affair With Wife Doesn't Amount To Abetment Of Suicide: Karnataka High Court
The Karnataka High Court has quashed an abetment to suicide charge levelled against a husband accused of hurling abuses at a Father (Priest of a church) who allegedly had an affair with his wife.A single-judge bench of Justice M Nagaprasanna allowed the petition filed by one David D'souza and quashed the proceedings registered against him under Sections 306, 506, 504 and 201 of the Indian...
Karnataka High Court Monthly Digest: April 2024 [Citations 157 - 206]
Citations: 2024 LiveLaw (Kar) 157 To 2024 LiveLaw (Kar) 206Nominal Index: Syed Mohammed Hussain AND The Karnataka State Board of AUQAF & Others. 2024 LiveLaw (Kar) 157Fr. Valerian Fernandes AND State of Karnataka. 2024 LiveLaw (Kar) 158The Managing Director Karnataka Power Transmission Corporation Limited & Others and L Mallikarjunappa. 2024 LiveLaw (Kar) 159K C Cariappa AND Union...
[S.224 IPC] Separate Trial Permissible If Accused Escapes From Lawful Custody While Arrested In Another Crime: Karnataka High Court
The Karnataka High Court has dismissed a revision petition filed by an accused who was convicted by the trial court for running away from the lawful custody of the police under Section 224 of the Indian Penal Code.A single judge bench of Justice H P Sandesh dismissed the petition filed by Somashekar who was convicted by the trial court on 09.06.2014 and sentenced to suffer rigorous...
Karnataka HC Refuses To Quash Case Against Doctor Allegedly Involved In Illegal Medical Termination Of Pregnancy Scam
The Karnataka High Court has refused to quash proceedings initiated against a doctor who runs a private hospital and is alleged of huge scam of illegal termination of pregnancy in the hospital belonging to him.A single judge bench of Justice S Vishwajith Shetty dismissed the petition filed by Dr. Ravikumar N.K who had approached the court seeking to quash the proceedings initiated for...
Shariat Law Doesn't Override Stamp Act; Transfer Of Property By Way Of Settlement Deed Permissible Among Mohammedans: Karnataka High Court
The Karnataka High Court has held that the Muslim Personal Law (Shariat) Application Act, 1937, does not override Section 2(q) and Article 48 of the Karnataka Stamp Act 1957, which deal with the contract of “settlement” thus, the transfer of property by way of “settlement” is very much permissible even among Mohammedans.A single-judge bench of Justice Ananth Ramanath Hegde allowed...
Fraud U/S 23(1) Senior Citizens Act Limited To Breach Of Condition Of Upkeep Of Transferor, Can't Be Enlarged To Fraud In Civil Law: Karnataka HC
The Karnataka High Court has made it clear that the concept of fraud or coercion incorporated in the Section 23 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to be the ground to declare the gift deed as void is limited to the breach of condition that the transferee shall provide basic amenities and physical needs to the senior citizen-transferor.A division bench...
Special Courts Established Under Companies Act, 2013 Can't Retrospectively Try Offences Committed Under 1956 Act: Karnataka High Court
The Karnataka High Court has quashed a criminal prosecution initiated in 2015 by the Serious Fraud Investigation Office (SFIO) against the accused involved in the merger initiated by Kingfisher Airlines Limited (KFAL) to acquire Deccan Aviation Limited (DAL) by providing fraudulent documents to its shareholders, stakeholders thereby violating various provisions of the Companies Act and the...
Karnataka High Court Weekly Round-Up: April 22 - April 28, 2024
Citations: 2024 LiveLaw (Kar) 186 To 2024 LiveLaw (Kar) 201Nominal Index:M/s Radical Works Pvt Ltd AND Padmanabh T G. 2024 LiveLaw (Kar) 186P Anandan AND The Divisional Controller. 2024 LiveLaw (Kar) 187R BHARATH AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 188HIGH COURT OF KARNATAKA VS. STATE OF KARNATAKA AND OTHERS. 2024 LiveLaw (Kar) 189ABC AND State of Karnataka & ANR....
The Issue Of Limitation Is Also Part And Parcel Of The Arbitrable Point: Karnataka High Court
The bench of Justice C.M. Joshi of Karnataka High Court (Kalaburagi Bench) has held that the issue of limitation of claims is a part and parcel of the arbitrable point which can be decided by the arbitrator. The Court relied upon the judgment of the Apex Court in BSNL v. Nortel Neworks, LL 2021 SC 153 wherein the Apex Court held that issue of limitation is a mixed question of law and...
[Elections] Party's Declaration, Promise Of Policies They Intend To Implement Can't Be Considered Corrupt Practise Under RP Act: Karnataka High Court
The Karnataka High Court has held that a declaration by a party as to the policy that they intend to bring about cannot be considered a corrupt practice for the purpose of Section 123 of the Representation of Peoples Act.A single judge bench of Justice M I Arun dismissed an election petition filed by a voter Shashanka J Sreedhara from Chamrajpet Assembly Constituency challenging the selection...