Karnataka High Court
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...
[Suit For Specific Performance] Impleading Proper Party Enables Court To Adjudicate Lis Completely: Karnataka High Court
The Karnataka High Court has said that impleading of proper parties as defendants in a suit filed for specific performance of contract, enables the Court to adjudicate the lis pending before it completely and it will have complete facts and evidence before it, to arrive at a just and proper conclusion A single judge bench of Justice Vijaykumar A Patil dismissed the petition filed by...
Will You Reconsider Blocking Orders Passed Against X Corp Users? Karnataka High Court To Central Govt
The Karnataka High Court on Wednesday asked the Union Government to respond by September 27 whether it would re-consider the blocking orders passed by it directing X Corp (Formerly twitter) to block user accounts.The bench comprising Justices G Narendar and Vijaykumar A Patil was hearing the company's appeal against the single judge’s dismissal of its challenge to the blocking...
What Action Taken Against Illegal Hoardings & Banners? Karnataka High Court Asks BBMP
The Karnataka High Court on Tuesday expressed concerns about the mushrooming of illegal hoardings, flexes and banners in the city of Bengaluru and asked the Bruhat Bengaluru Nagar Palike (BBMP) about the actions taken by it against such illegal hoardings.Senior Advocate Professor Ravivarma Kumar, appearing for the petitioner, informed a division bench of Chief Justice Prasanna B Varale...
'School Children So Addicted To It' : Karnataka High Court Says Govt Should Consider Bringing Age Limit For Social Media Use
The Karnataka High Court on Tuesday orally suggested to the Union Government that it should bring in an age limit for the use of social media. A division bench of Justice G Narendar and Justice Vijaykumar A Patil was hearing an appeal filed by X Corp. (formerly Twitter) against a single bench decision to dismiss its challenge to the Centre's blocking orders.During the hearing,...
S.498A IPC | Karnataka High Court Quashes Wife's Criminal Complaint Against Husband For Refusing Money To Perform Pooja
The Karnataka High Court has quashed a complaint registered against a man by his wife under Section 498-A of the Indian Penal Code after he refused to give money to her to buy necessities for the performance of a pooja. The Court found that the wife's allegations in the complaint did not meet the essential ingredients required to invoke Section 498A (cruelty) against the...
Sites For Civic Amenities Like Parks, Healthcare Centres Crucial In Shaping Quality Of Urban Life, Cannot Be Sold: Karnataka High Court
The Karnataka High Court has set aside an order passed by the Deputy Commissioner (Belgavi) resolving to sell a plot reserved for civic amenities by invoking Section 72(2) of the Karnataka Municipalities Act.The provision enables every municipal council to lease or sale or otherwise transfer any movable or immovable property owned by the local authority, so far as is not inconsistent with...