Cannot Interfere With Govt's Elevated Corridor Project In Hubli Merely Because Some Petitioners Claim To Be Experts: Karnataka High Court

The Karnataka High Court has dismissed a public interest litigation questioning the construction of an Elevated Corridor for Decongestion of traffic at Rani Chennamma Circle in Hubli City. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said, “Merely because some of the petitioners too have expertise in the matter arguably, they cannot arrogate to themselves all the wisdom & expertise and thereby brand the project in question as being unwise and not...

Continuing In Service After Probation Period Doesn't Imply Automatic Confirmation Unless Expressly Provided Or In Exceptional Case: Karnataka HC

The Karnataka High Court has held that a person appointed on probation becomes a permanent employee only after the issue of an express order of confirmation.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the appeal filed by a woman who was not confirmed to the post of stenographer in the Court of Civil Judge, Virajpet on completion of the probation period. It held,“By mere expiry of the period of probation and continuing in service after the expiry of...

Bengaluru Bandh: High Court Says State Taking Steps To Prevent Untoward Incidents, No Directions Required

The Karnataka High Court has disposed off an application seeking directions to the State government to take preventive measures so as to avoid untoward incidents during the Bengaluru Bandh called on Tuesday, in response to allocation of Cauvery river water to Tamil Nadu. A division bench of Justice G Narendar and Justice VijayKumar A Patil took note of the affidavit filed by the Deputy Commissioner of Police (Central) and said,“We have perused the orders of the court dated 25.11.2022 and...

Karnataka High Court Directs Health Dept To Release Gratuity Withheld Since 16 Yrs, Says It's No 'Bounty' Dependant On Employer's Sweet Will

Observing that “gratuity is not a bounty that can be withheld at the sweet will or whim of the employer,” the Karnataka High Court recently directed State's Health Secretary to disburse the gratuity amount of a former employee which has been pending for the last 16 years, within 30 days.A single bench of Justice M Nagaprasanna allowed the petition filed by 74-year-old retired employee...

Karnataka High Court Refuses To Issue Direction For Registration Of Post Graduate In Alternative Medicines Citing Absence Of Regulatory Body

The Karnataka High Court has dismissed an appeal challenging a single bench order rejecting the petition filed by one Dr Mohan Bhatta M R, who holds a PG Degree from Indian Board of Alternative Medicines, seeking registration certificate to practise under the Karnataka Private Medical Establishments Act 2007. While doing so, a division bench of Chief Justice Prasanna B Varale and Justice...

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023

Nominal Index [Citations 358 - 365]: Veerbhadra Gowda & ANR AND State of Karnataka & Others. 2023 LiveLaw (Kar) 358Mohan Vasudev Chavan And State of Karnataka & Others. 2023 LiveLaw (Kar) 359Vivekananda Kemali And State of Karnataka & ANR. 2023 LiveLaw (Kar) 360Chinnaswamy Gowda And Shivramu C M Shivaramu & Others. 2023 LiveLaw (Kar) 361D Roopa And Rohini Sindhuri....

S.407 CrPC | Reasonable Apprehension Of Injustice Necessary To Transfer Criminal Cases : Karnataka High Court

The Karnataka High Court has held that criminal cases cannot be transferred between courts within the State under Section 407 based on mere allegations made by the accused that there is apprehension of injustice. Justice Venkatesh Naik T ruled that there must be a reasonable apprehension of injustice for a transfer to be successful."any party can seek the transfer of case within...

High Security Number Plates: Karnataka High Court Refuses To Stay Govt Order But Directs State To Finalise Process For Approving Manufacturers

The Karnataka High Court has refused to stay government notifications mandating fixing of High Security Registration Plates (HSRP) on vehicles registered before April 1, 2019, by OEM's (Original Equipment Manufacturers)/Authorised dealers who in turn will source the number plates only from HSRP manufacturers authorised by vehicle manufacturers (OEMs).A single judge bench of Justice B M...

Strangers To Criminal Trial Can't Seek Fresh Probe Citing Social Unrest Upon Acquittal Of Accused: Karnataka High Court

The Karnataka High Court has dismissed a PIL seeking a fresh investigation by either the CBI or Special Investigation Team (SIT) in the 2012 case of rape and murder of a 17-year-old student.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the plea while stating that persons unrelated to the criminal case could not seek a fresh investigation upon...

Govt Authorities Can't Use Alternate Remedy Doctrine As A 'China Wall' Against Invocation Of Writ Jurisdiction: Karnataka High Court

The Karnataka High Court has observed that the doctrine of alternate remedy cannot be used as a rigid barrier against invocation of its writ jurisdiction, especially by entities falling under Article 12 of the Constitution.Justice Krishna S Dixit relied on the Supreme Court decision in Godrej Sara Lee Ltd vs. Excise & Taxation Officer to hold so. “In all cases, the...

Doctrine Of State Humanity Doesn't Cover Acts Done By Public Servant For Her/His Own Benefit Or Pleasure: Karnataka High Court

The Karnataka High Court has refused to quash the defamation complaint lodged against IPS officer D Roopa by IAS Officer Rohini Sindhuri for allegedly publishing defamatory content against her. Justice Sachin Shankar Magadum rejected the argument made by Roopa that the allegations averred in the private complaint, the statements were made by her in her official capacity and therefore, in...

Karnataka High Court Extends Till Oct 3 Interim Protection Granted To Aaj Tak Consulting Editor Sudhir Chaudhary In Case For Promoting Hatred

The Karnataka High Court today adjourned hearing in the petitions moved by news channel Aaj Tak and its consulting editor Sudhir Chaudhary for quashing the FIR registered against them over alleged communal coverage of State's ‘Svalambi Sarathi Scheme' whereby subsidy is given to religious minorities for purchase of vehicles.Single bench of Justice Hemant Chandangoudar extended...