Karnataka High Court
General Elections: Karnataka High Court Stays Proceedings Against Deputy CM Shivakumar For Alleged Violation Of Code Of Conduct
The Karnataka High Court on Thursday stayed further investigation in the case registered against Deputy Chief Minister DK Shivakumar for alleged violation of the Model Code of Conduct. It is alleged that while campaigning in rural Bengaluru, from where his brother D K Suresh is seeking re-election, the Congress leader promised water supply from contentious Cauvery river to the residents of a housing society in exchange of votes.A single judge bench of Justice Krishna S Dixit ordered,“The...
Election | Candidate's Affidavit Need Not Disclose Those Criminal Cases Where Charge Is Not Framed Or Cognizance Not Taken: Karnataka HC
The Karnataka High Court has made it clear that not every criminal case launched against a candidate contesting elections either by way of registering the FIR or by moving private complaint has to be disclosed in the affidavit accompanying the nomination papers.Court said cases where charges have not been framed or cognizance of the offences alleged has not been taken need not be disclosed in the affidavit.A single judge bench of Justice Krishna S Dixit made the observation while allowing a...
Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman
The Karnataka High Court single-judge bench of Justice Shivshankar Amarannavar held that when an industrial dispute is pending in an adjudicatory body, the employer must seek approval from the Tribunal for the dismissal of the worker, as mandated by Section 33(2)(b) of the Industrial Disputes Act. If any approval is not sought and granted, such dismissal would be deemed void. Brief Facts: The Respondent (“Workman”) was employed as a driver in the Petitioner-Corporation ...
Karnataka High Court Dismisses Challenge To Singing State Anthem In Particular Tune Prescribed By State, Cites Right To Remain Silent
The Karnataka High Court on Wednesday dismissed a petition questioning the State government's order prescribing that the State Anthem—Jayabharatha Jananiya Thanujathe be sung for two and half minutes, in a tune composed by Mysore Ananthaswamy.A single judge bench of Justice Krishna S Dixit while rejecting the petition filed by Kikkeri Krishna Murthy, held “Government has done it in executive power, as long as it does not affect you (petitioner) it is always open for the government to do it. As...
Railways Liable To Pay Compensation If Bonafide Passenger Suffers Injury Or Death While Alighting Wrongly Boarded Train: Karnataka High Court
The Karnataka High Court has held that if a bonafide passenger dies while alighting from a moving train which he/she wrongly boarded, the Railway is liable to pay compensation to the claimants.A single judge bench of Justice H P Sandesh allowed the appeal filed by Rojamani and others and set aside the order passed by the Railway Claims Tribunal, dated 28-04-2016 and said “The impugned...
Karnataka HC Sets Aside Blacklisting Of Firm For Supplying Poor Quality Hand Sanitisers During COVID-19, Says Firm Can't Be Blacklisted Without Notice
The Karnataka High Court has set aside an order passed by the Karnataka State Medical Supplies Corporation Limited, blacklisting a firm for having supplied hand sanitisers during the Covid-19 period which were not of standard quality.A single-judge bench of Justice M Nagaprasanna allowed the petition filed by M/s. Sujal Pharma, and said, “I deem it appropriate to give a quietus to the issue...
Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court
The High Court of Karnataka single bench of Mrs Justice K.S Hemalekha held that persons carrying managerial and supervisory responsibilities do not fall within the scope of 'workman', as defined under Section 2(s) of the Industrial Disputes Act. Once it is determined that the person is not a 'workman' under the Act, the labour court does not have jurisdiction to adjudicate whether...
Karnataka High Court Grants Bail To Eleven Persons Accused In Belagavi Stripping Incident
The Karnataka High Court recently granted bail to 11 accused arrested in the Belgavi incident, where an elderly woman was assaulted, paraded naked and tied to an electric pole, last year.A single judge bench of Justice S Vishwajith Shetty sitting at Dharwad bench allowed the petition filed by Raju Naik and others, stating:“From a perusal of the allegations found in the first information as...
SFIO Alone Has Authority To Probe Fraud U/S 447 Companies Act: Karnataka High Court Quashes CBI FIR Against Promoter Of Surana Power
The Karnataka High Court has quashed two cases registered by the Central Bureau of Investigation against Vijayraj Surana, Promoter Director of Surana Power Limited, registered under the provisions of the Prevention of Corruption Act.A single judge bench of Justice Hemant Chandangoudar allowed the petitions filed by Surana and said,“Although the CBI has invoked Section 13(2) read with...
Karnataka High Court Dismisses PIL To Stop Bypass Construction, Says Road Planning Falls In Realm Of Executive
The Karnataka High Court has dismissed a PIL seeking directions to stop further process for construction of a bypass road connected to National Highway- 367.A division bench of Chief Justice N V Anjaria and Justice Krishna S Dixit said,“Not only the project of laying roads cannot be arrested as it would be against the public interest, the directions of the kind and nature prayed for by...
Pre-Trial Detention May Cause Serious Stigma On Person's Character: Karnataka HC Grants Pre-Arrest Bail To National Hockey Player In POCSO Case
The Karnataka High Court recently granted anticipatory bail to a national-level hockey player who is charged with offences punishable under Protection of Children From Sexual Offences Act (POCSO), on the allegation of rape on false pretext of marriage.A single judge bench of Justice Rajendra Badamikar allowed the application filed by the accused and said,“Right of Freedom is a fundamental...
Belgavi Stripping Incident: Karnataka High Court Directs Completion Of Trial Against Accused Within A Year
The Karnataka High Court has directed that trial against the accused in Belgavi stripping incident, where an elderly woman was assaulted, paraded naked and tied to an electric pole, be completed within a year.A division bench of Chief Justice N V Anjaria and Justice Krishna S Dixit said, “The trial against the accused persons shall be completed by the competent Court where it is...