[NDPS Act] Trial Court Can Order Release Of Seized Vehicle From Interim Custody Till Disposal Of Main Case: Karnataka HC

The Karnataka High Court has clarified that the trial court has the power to release the vehicle from interim custody, under Section 451, 457 of the Criminal Procedure Code, till disposal of the main case registered under provisions of the Narcotics Drugs and Psychotropics Substances Act (NDPS).A single judge bench of Justice K Natarajan held thus while allowing a petition filed by Kawal...

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court

The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code (CrPC) cannot be allowed in cases where such applications are filed only to drag the proceedings/trial.A single-judge bench of Justice M Nagaprasanna dismissed the petition filed by one Stanly Kirthiraj challenging the order of the trial court rejecting his application seeking to recall the...

Karnataka High Court Reserves Order On Plea Challenging State Govt's Withdrawal Of Consent For CBI Probe Against DK Shivakumar

The Karnataka High Court on Monday reserved its order on the petitions filed by the Central Bureau of Investigation and BJP MLA Basangouda Patil Yatnal challenging the State government's decision to withdraw consent for CBI probe into corruption allegations against Congress leader and Karnataka's Deputy Chief Minister DK Shivakumar.A division bench of Justice K Somashekhar and Justice Umesh...

Karnataka High Court Weekly Roundup: August 5 to August 11, 2024

Nominal Index: Bashirahmed AND Surayya & Others. 2024 LiveLaw (Kar) 353 THE RELIANCE GENERAL INSURANCE COMPANY LIMITED AND SUPREETH S. @ SUPREETH & Others. 2024 LiveLaw (Kar) 354 Dr Anil Khurana AND Dr Amargouda L Patil & Others. 2024 LiveLaw (Kar) 355 DR. AMIRTHALAKSHMI R AND State of Karnataka & Others. 2024 Live Law (Kar) 356 Francis Zavier W AND...

Authorities Must Monitor, Prevent Illegal Hoardings From Coming Up To Ensure Safety Of Public During Monsoons: Karnataka HC

The Karnataka High Court on Monday directed authorities to ensure the safety of pedestrian and vehicular traffic in the monsoon season and not be complacent in their duty of monitoring and preventing hoardings/flexes which are put up illegally on footpaths and roads in the city of Bengaluru.A division bench of Chief Justice N V Anjaria and Justice K V Aravind while hearing a batch of...

Seeking Change In Recorded Date Of Birth After Retirement Impermissible Under Law: Karnataka High Court

A single judge bench of the Karnataka High Court, comprising Justice M.G.S. Kamal, while deciding writ petition emphasized that an employee cannot seek a change in the recorded date of birth after a considerable lapse of time. Background Facts The Petitioner was employed as a Pulp Drawing Processor on 01.10.1983. He retired from service on 09.03.2006. At the time of his...

Settlement Commission's Order Accepting Explanation 'In The Spirit Of Settlement' Doesn't Require Interference: Karnataka High Court

The Karnataka High Court has held that the Settlement Commission, by accepting the explanation 'in the spirit of settlement', cannot be faulted for calling for interference in exercise of the limited jurisdiction.The bench of Justice S. Sunil Dutt Yadav has observed that the Settlement Commission has taken note of the declaration made under Rule 8 of the Income Tax Settlement...

Karnataka High Court Monthly Digest: July 2024

Citation No: 2024 LiveLaw (Kar) 291 to 2024 LiveLaw (Kar) 347Nominal Index:ABC AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 291A Ramesh Babu & Others AND Dharani S. 2024 LiveLaw (Kar) 292Justice B Padmaraj AND Union of India & ANR. 2024 LiveLaw (Kar) 293G Devaraje Gowda AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 294M/S POWER SMART MEDIA PVT LTD & ANR AND Union...

[Electronic Evidence] Non-Filing Of Certificate U/S 65B Evidence Act Will Not Vitiate Trial: Karnataka High Court Reiterates

The Karnataka High Court has reiterated that non-filing of a certificate under section 65-B of the Evidence Act at the time of production of electronic evidence, would not vitiate the court proceedings.A single-judge bench of Justice M Nagaprasanna dismissed the petition filed by Santhosh Shet, a teacher who is charged under provisions of the Protection of Children from Sexual Offences...

"Misconceived, Filed During Divorce Proceedings": Karnataka HC Dismisses Wife's Appeal Seeking Examination Of Husband For Alleged 'Missing Brain' Condition

The Karnataka High Court on Friday dismissed an appeal filed by an estranged wife challenging a single bench order which refused to direct the appointment of an Expert Committee of neurosurgeons to examine her doctor husband who is alleged of suffering from a porencephalic cyst (missing brain).A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the appeal filed by...

Chairperson, Judicial Member Will Be Appointed To Karnataka Real Estate Appellate Tribunal In Two Weeks: State Tells High Court

The Karnataka government on Thursday informed the High Court that in two weeks time Chairperson and Judicial member would be appointed to the Karnataka Real Estate Appellate Tribunal (REAT), which has become non-functional due to these vacant posts.Advocate General Shashi Kiran Shetty said “The concerned files are cleared after suitable recommendations and the same would be taken to its...

Unemployment Plaguing Our System, Recruitment For Govt Jobs Should Be Conducted Periodically: Karnataka High Court

The Karnataka High Court has said that recruitment process has to be undertaken periodically with a fair degree of regularity in public undertakings to fill up permanent posts which fall vacant because of death, disablement, retirement or removal of employees.A division bench of Justice Krishna S Dixit and Justice Vijay Kumar A Patil said, “When accumulated vacancies are continued...