Frivolous, Clogs Criminal Justice System: Karnataka HC Stays Proceedings Against Man Accused Of Wrongfully Holding Missing Cat In His House

The Karnataka High Court on Monday stayed further proceedings against a man against whom a case is registered claiming he was holding the cat of the complainant in his house. A single-judge bench of Justice M Nagaprasanna granted interim relief to petitioner Taha Husain. It said, “There shall be an interim order of stay of the further proceedings in C.C.No.13477/2022, till the...

'Act Within Bounds Of Legal Authority': Karnataka HC Imposes 25K Cost On Asst Commissioner Of Senior Citizens Tribunal For Entertaining Frivolous Plea

The Karnataka High Court has imposed a cost of Rs 25,000 on an Assistant Commissioner of the Maintenance and Welfare of Senior Citizen Protection Tribunal, for exceeding his jurisdiction, entertaining a frivolous application under Section 23 of the Senior Citizens Act and nullifying a sale deed entered into by parties. A single-judge bench of Justice Sachin Shankar Magadum, directed...

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. A single judge bench of Justice M Nagaprasanna quashed the proceedings initiated under sections 376(2)(n), 506 of IPC and Sections...

Teachers Above 50 Yrs Age Exempted From Transfer: Karnataka HC Upholds Tribunal Order Setting Aside Transfer Of Surplus Teachers

The Karnataka High Court has observed that whenever a beneficial provision is incorporated in a statute, it has to be given effect in favour of the beneficiaries by authorities irrespective of whether the beneficiary has made an application in that regard or not. A division bench of Chief Justice N V Anjaria and Justice S G Pandit made the observation while dismissing petitions filed...

Karnataka HC Recalls Order Which Held Watching Child Porn Online Not An Offence, Says Erroneously Overlooked Relevant Provision Of IT Act

The Karnataka High Court on Friday recalled its order passed on July 10, wherein it had held that a person watching child pornography online cannot be charged for an offence under Section 67B of the Information Technology Act. A single judge bench of Justice M Nagaprasanna said “This court had passed the order without noticing section 67B (b), it is an error.” The court had quashed...

Continuous Readiness And Willingness On Part Of Purchaser Is Condition Precedent For Granting Relief Of Specific Performance: Karnataka HC

The Karnataka High Court has said that continuous readiness and willingness on the part of the plaintiff (purchaser) is a condition precedent to grant the relief of specific performance by the court. A single judge bench of Justice H P Sandesh held thus while dismissing the appeal filed by one Bylamurthy challenging an order of the trial court and the first appellate court...

Karnataka High Court Directs Actor Darshan To Approach Trial Court With His Plea Seeking Home Food, Books In Prison

The Karnataka High Court on Friday directed Kannada actor Darshan Thoogdeep Srinivas to approach the Magistrate court, where the murder case in which he is allegedly involved is pending, with his plea seeking home cooked food, clothing, cutlery, bedding and books in prison.A single judge bench of Justice S R Krishna Kumar granted liberty to the actor to file an application in this regard...

MLA's PIL To Release Funds For Constituency Not Maintainable, Can Raise Issue In Assembly Or Before Govt: Karnataka High Court

The Karnataka High Court on Friday dismissed a public interest litigation filed by Dasarahalli Member of Legislative Assembly (MLA) S Muniraju, belonging to Bharatiya Janata Party, seeking a direction to the state government to release an amount of Rs 78 crore for carrying out the developmental work in his constituency.A division bench of Chief Justice N V Anjaria and Justice K V Aravind...

[Trademarks Act] Infringement Proceedings Can't Be Quashed Due To 'Irregularity' Of Search & Seizure Without Registrar's Opinion: Karnataka HC

The Karnataka High Court has held that non-compliance with Subsection (4) of Section 115 of the Trade Mark Act, which mandates taking opinion of the Registrar of Trade Marks, before carrying out search and seizure is an irregularity for which the infringement proceedings cannot be quashed.A single judge bench of Justice Suraj Govindaraj held thus while dismissing a petition filed by Manjunatha...

Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court

The Karnataka High Court has reiterated that consensual acts between two adults who were in love over a long period of six years will not attract the offence of rape.A single judge bench of Justice M Nagaprasanna allowed the petition filed by a man and quashed the case registered for offences punishable under sections 376 and 417 of the Indian Penal Code. The court said, “The duration...

Watching Child Pornography Online Will Not Attract Offence U/S 67B Of IT Act: Karnataka High Court

The Karnataka High Court has held that a person watching child pornography material online cannot be charged for an offence under Section 67B of the Information Technology Act. A single judge bench of Justice M Nagaprasanna quashed proceedings initiated against one Inayathulla N and said, “The allegation against the petitioner is that he has watched a pornographic website. This, in...

Reassessment Notice To Non-Existing Entity Is Not Legally Tenable: Karnataka High Court

The Karnataka High Court has held that the reassessment notice to a non-existing entity is not legally tenable.The bench of Justice S. Sunil Dutt Yadav has observed that the notice under Section 148A(b) of the Act was issued on February 28, 2024, with respect to the assessment year 2020–21. The scheme of amalgamation has fixed the appointed date as April 1, 2019, and the entity to which...