Blinkhit v. Blinkit: Karnataka High Court Sets Aside Interim Injunction Order Against Blinkit Citing Non-Use Of Registered Trademark By Blinkhit

The Karnataka High Court last month set aside an interim injunction order of the trial court, temporary restraining the use of 'Blinkit' trademark- a famous online groceries delivery platform- for alleged violation of the rights of a software services firm Blinkhit.Blinkhit claimed to have registered the marks ‘BLINKHIT’ and ‘iBLINKHIT’ since 2016.A single judge bench of Justice S R Krishna Kumar observed that the main ground on which the trial court has granted temporary injunction is that...

[S.10 Emigration Act] Non-Payment Of Salary By Employer Can't Be Given Colour Of Running Illegal Recruiting Agency : Karnataka High Court

The Karnataka High Court has said an employee recruited by a company outside India, if not paid salaries, cannot raise a belated complaint against its Director of running a recruiting agency without a valid certificate under Section 10 of the Emigration Act.A single judge bench of Justice M Nagaprasanna dismissed the petition filed by one Raman Sundaresan, questioning the internal communication between Joint Secretary to the Protector General of Emigrants and Director General of Police, stating...

Courts Hearing Maintenance Applications Under Domestic Violence Act Or S.125 CrPC Need Not Go Into Validity Of Marriage: Karnataka High Court

The Karnataka High Court has held that courts while dealing with maintenance applications under Section 12 of the Protection of Women from Domestic Violence Act or Section 125 of Criminal Procedure Code (Cr.P.C), should not go into the validity of marriage. A single judge bench of Justice S Rachaiah sitting at Kalaburagi bench confirmed the trial Court's order directing petitioner's husband to pay Rs 3,000, per month as maintenance. The appellate court had, after re-appreciating the case,...

Attornment By Lessee Not Necessary For Transfer Of Property Leased Out To Him: Karnataka High Court

The Karnataka High Court has said that attornment by lessee is not necessary for transfer of property leased out to him. A single judge bench of Justice Ashok S Kinagi allowed the appeal filed by G Jagadish Kumar and directed the tenant K G Murali to vacate and handover the possession of suit property to the plaintiff. It rejected the contention of the defendant that the plaintiff is not the owner of suit schedule property and defendant is not the tenant under the plaintiff, as such, there is no...

'Parents Would Think Twice About Sending Their Girl Child To School': Karnataka High Court Refuses Bail To Teacher Accused Of Sexual Harassment

The Karnataka High Court recently refused bail to a Government primary school teacher charged for allegedly sexually harassing the minor girl students studying in IV to VI standard. A single judge bench of Justice Umesh M Adiga while rejecting the petition filed by C Manjunath observed,“Guru or teacher are considered as God in this Country and respected like a God. However, because of the alleged behaviour of the petitioner, even the parents think twice about sending their girl child to the...

No Scope For Determining Shares Of Parties While Deciding Application For Grant Of Succession Certificate: Karnataka High Court

The Karnataka High Court has said that a court considering application for grant of Succession Certificate has no power to go into the substantial and intricate question of facts and law.A single judge bench of Justice C M Joshi sitting at Kalaburagi bench, dismissed a petition filed by parents of one deceased Nagappa, challenging order of the trial court and appellate court granting succession certificate to the wife and son of the deceased. The court permitted the parents to approach the...

Settlement Arrived At Though Interim In Conciliation Proceedings Between Workmen And Employer Is Binding On Both Parties: Karnataka High Court

The Karnataka High Court has once again referred for Conciliation the matter regarding re-employment of 80 contract workers of Indian Telephones Limited who have been refused employment since December 2021, though they had been employed in the services for a period of 3 to 38 years. A single judge bench of Justice Suraj Govindaraj noted that without prejudice to issue of regularization, the management had undertaken in the conciliation proceedings to immediately take back some workers and rest...

Parent Losing Child's Custody Should Be Given Sufficient Visitation Rights To Ensure Social, Psychological Contact With Child: Karnataka High Court

The Karnataka High Court has directed a woman to comply with the settlement arrived at with her husband in regard to guardianship, custody and visitation rights of their minor son. A division bench of Justice Alok Aradhe and Justice Anant Ramanath Hegde disposed of a habeas corpus petition filed by the father to produce the minor son and directed the mother to handover the custody of the son to the petitioner during the summer vacation, as per their settlement.It observed,“The concept of...

S.91 CrPC | Correspondence Between IO And His Senior Not Part Of Chargesheet, Cannot Be Summoned: Karnataka High Court

The Karnataka High Court has said that reports prepared by an investigating officer in discussion with his higher officers, before filing chargesheet, cannot be produced before the court for the purpose of evidence.A single judge bench of Justice K Natarajan said “Except the documents produced by the investigation officer under Section 161 of CrPC, the remaining documents cannot be summoned except for contradiction under Section 145 of Evidence Act.” Accused Siddappa B H, had challenged the...

State Should Leave Religious Institutions To Solve Their Problems On Their Own: Karnataka High Court Removes Administrator For Mutt

The Karnataka High Court has quashed a Government Order which appointed an Administrator to run the affairs of Sri Jagadguru Murugharajendra Bruhan Mutt at Chitradurga. The administrator was appointed as the pontiff- Shivamurthy Murugha Sharanaru was arrested in September 2022 following cases registered against him under the POCSO Act.A single judge bench of Justice Krishna S Dixit observed that interference of the State in Religious Institutions, goes against its professed secular...

Father Engaging A Stranger In House To Videograph Him With Child Not Congenial Environment: Karnataka High Court Refuses Custody

The Karnataka High Court recently declined interference with a family court order refusing custody of the minor daughter to her father as he failed to create a congenial atmosphere in his house for the child to stay.A single judge bench of Justice M Nagaprasanna rejected the petition filed by the father and said, “It is a fact that there is nobody to take care of the child when the father is not around and the child is handed over to a male stranger. The mother has narrated that on several...

Karnataka High Court Rejects Plea By Social Democratic Party Of India Against Sealing Of Its Mangalore Offices Under UAPA

The Karnataka High Court has rejected a petition filed by Social Democratic Party of India (SDPI) seeking to unseal its properties in Mangalore which came to be sealed by the State government following the ban imposed by the Central Government on the organisation Popular Front of India (PFI). A single judge bench of Justice M Nagaprasanna observed that the notifications to seal the premises were issued under the Unlawful Activities (Prevention) Act. "Therefore, the petitioner has an alternative...