Karnataka High Court
ED Not A Super Cop, Can't File Private Complaint If Local Police Refuses Investigation On Scheduled Offence : Karnataka High Court
The Court also held that the ED cannot continue money laundering proceedings after the predicate offence has been closed.
Pakistani Man Acquitted In NIA Case Can't Be Released Till Movement Restriction Order Under Foreigners Act Subsists: Karnataka High Court
Karnataka High Court dismissed a habeas corpus petition filed by a Pakistani national, seeking his immediate release and deportation from India after being acquitted in the NIA cases registered against him.The Division Bench of Justice Anu Sivaraman and Justice K.S. Bharath observed that a person against whom an order restricting his movement has been passed under Section 3(2)(e) of...
Karnataka High Court Upholds POCSO Acquittal, Says Minor Girl Had 'Enough Worldly Knowledge'
The Karnataka High Court at Kalaburagi upheld the acquittal of a man accused of kidnapping and repeatedly raping a minor girl, noting that the facts showed the girl had enough worldly knowledge and was in the habit of having love affairs and extracting money. The Division Bench of Justice Ashok S. Kinagi and Justice Subramanya reiterated the principle set out by Apex Court that an order...
Karnataka High Court Refuses To Quash Criminal Defamation Case Against Maneka Gandhi, But Stays Trial Court Summons For 2 Weeks
The Karnataka High Court has dismissed a petition filed by politician and former Union Minister Maneka Sanjay Gandhi, seeking to quash criminal defamation proceedings pending against her before the trial court based on a private complaint as well as summons issued to her. The case stems from a private complaint filed by one S.K. Mittal alleging offences under Sections 499 and 500 of the...
Looking Inappropriately At Woman Does Not Amount To Demand For Sexual Favours In Absence Of Evidence: Karnataka High Court
The Karnataka High Court has held that an allegation of looking at a woman in an "inappropriate manner" cannot, by itself, be treated as a request for sexual favours under Section 75(1)(ii) BNS, while quashing the chargesheet against the petitioner accused of sexual harassment and criminally intimidating a woman.Section 75 refers to offence of sexual harassment wherein Section 75 (1)(ii)...
Karnataka High Court Quashes Case Against RTI Activist Snehamayi Krishna Booked For Shouting At Govt Official
The Karnataka High Court on Friday quashed First Information Report (FIR) and all further proceedings initiated against RTI activist Snehamayi Krishna, registered on a complaint made by Roopa M J who works as Secretary of the Sri Chamundeshwari development Authority, accusing Krishna of obstructing her in doing government duty and shouting at her.A single judge bench of Justice Rajesh Rai...
Candidate With Recognised First Degree Can't Be Denied Admission In 3-Year LLB Course By Reassessing 10+2 Qualification: Karnataka High Court
The Karnataka High Court has held that if a candidate applying for a three-year LL.B. course has a valid undergraduate degree/first degree, the University then cannot deny him eligibility certificate required to secure admission in the course by reassessing his 10+2 qualification afresh. For context, Rule 5 of the Rules of Legal Education, 2008 prescribes eligibility criteria for admission to...
Karnataka High Court Quashes Case Over Social Media Post Linking Rahul Gandhi With Pakistani Army Officer
The Karnataka High Court has quashed a criminal case against a man who shared an objectionable picture of Leader of Opposition Rahul Gandhi on social media.Justice M Nagaprasanna allowed the petition filed by G.Nagesh alias Rajesha Hirimane and quashed proceedings initiated against him under Section 353 (2) of the Bharatiya Nyay Sanhita. Section 352 (2) punishes Statements conducing to...
Griha Lakshmi Scheme Beneficiaries Can't Claim ₹2,000 Monthly Assistance As Of Right: Karnataka Govt Tells High Court
Court orally rejected the argument saying State can't make all entitled beneficiaries come to court.
24-Hour Deadline To Produce Accused Before Magistrate Runs From Actual Restraint, Not Formal Arrest: Karnataka High Court
The Karnataka High Court has said that arrest commences with the restraint placed on the liberty of the accused and not from the time of arrest recorded by the police officer.A single judge bench of Justice S Vishwajith Shetty while granting bail to one Naveen said,“Arrest commences with the restraint placed on the liberty of the accused and not with the time of arrest recorded by the...
Employed Wife Earning Enough To Maintain Herself Not Entitled To Maintenance: Karnataka High Court
The Karnataka High Court recently set aside a family court order granting Rs 20,000 to an estranged wife, saying that gainful employment, financial independence and self sufficiency are good grounds to reject the claim of maintenance of the wife.A single judge bench of Justice Dr Chillakur Sumalatha in its order said “When the wife is well educated, well placed and earns income which...
Riding Motorcycle Without Number Plate Is Not Cheating Under BNS: Karnataka High Court
The Karnataka High Court has quashed a cheating case against a father and son accused of riding a motorcycle without a number plate, holding that the allegations did not attract the offence under Section 318(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).The provision penalises the offence of Cheating.A single-judge bench of Justice Anant Ramanath Hegde allowed the petition filed by...