Income Tax Dept's Appeal Against Inadequate Sentence Lies Before Sessions Court: Karnataka High Court

The Karnataka High Court has dismissed the appeals preferred by the Income Tax Department under Section 377 of Cr.P.C.The bench of Justice Shivashankar Amarannavar has observed that on a reading of Section 418 of the Bhartiya Nyayik Suraksha Sahita (BNSS), it is in pari materia with Section 377 of Cr.P.C. Even under the BNSS, no provision has been introduced for filing an appeal before the...

Settlement Arising From Contract Containing Arbitration Clause Must Be Resolved Through Arbitration: Karnataka High Court

The Karnataka High Court division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde has held that the right to enforce the settlement has to be through arbitration as the alleged settlement is in respect of a transaction arising from the contract which contained an arbitration clause. Brief Facts: M/s S P Sai Technologies (Respondent) filed a suit for recovery of...

Party Not Required To Appear Before Police If Summons U/S 35 BNSS Does Not Contain Crime Number, Details Of Offence Alleged: Karnataka HC

The Karnataka High Court has said that in the event a notice issued by the police summoning a citizen under Section 35 of the BNSS does not contain the crime number, the offence alleged or the appending of the FIR, subject to just exceptions, the noticee is not obliged to appear before the officer who has directed him to appear and no coercive action can be taken against him.A single judge...

Karnataka High Court Disposes Byju Raveendran's Plea After NCLAT Begins Hearing His Appeal Challenging Insolvency Proceedings

The Karnataka High Court on Tuesday disposed of the petition filed by Byju Raveendran seeking to suspend the National Company Law Tribunal (NCLT) order, which admitted his parent company Think and Learn Private Limited (TLPL), into the insolvency resolution process.A single judge bench of Justice S R Krishna Kumar disposed of the matter after it was informed that a special bench is constituted...

Karnataka HC Directs Supply Of English Copy Of Chargesheet Written In Kannada To Men Accused Of Threatening HC Judges Who Delivered Hijab Verdict

The Karnataka High Court on Tuesday directed the State government to provide English-translated copies of the charge sheet filed against two accused who are accused of threatening the judges of the Karnataka High Court, who delivered the Hijab Verdict.A single judge bench of Justice M Nagaprasanna disposed of the petition filed by accused R Rahamathullah and Jamal Mohamed Usmain @ Jamal...

Non-Signatories Bound By Arbitration Clause When Purchasing Property From Agreement Parties: Karnataka High Court

The Karnataka High Court bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde has held that a person who is not a party to the arbitration agreement but buys property from someone who is a party to the agreement is still bound by the arbitration clause that applies to their vendors. The High Court noted that the Constitution Bench of the Supreme Court decision in Cox and...

[O.21 R.95] Buyers Of Property From Auction Purchaser Can Make Application Before Executing Court To Obtain Possession: Karnataka HC

The Karnataka High Court has held that purchasers of a property from the auction purchaser can make an application before the executing court for obtaining possession of the properties from the owners/occupants.A division bench of Justice Sreenivas Harish Kumar and Justice J M Khazi held thus while allowing an appeal filed by Nayamat Ali Khan and others. The Court set aside the order of the...

Lis Pendens Principle Applies To Property Acquired During Section 9 Arbitration Proceedings: Karnataka High Court

The Karnataka High Court bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde has held that an individual who acquires property that is the subject of a proceeding under Section 9 of the Arbitration and Conciliation Act, 1996, is subject to the principle of lis pendens. The issue before the High Court was whether the transaction was affected by the principle of lis pendens...

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him.A single judge bench of Justice H P Sandesh held thus while rejecting the...

Kannada Actor Darshan Srinivas Withdraws Plea Before Karnataka High Court Seeking Home-Cooked Food, Clothing In Prison

Kannada actor Darshan Thoogdeep Srinivas who is in judicial custody in connection with an alleged murder case has withdrawn a plea filed before the Karnataka High Court seeking home cooked food, clothing, cutlery, bedding and books in prison. A single judge bench of Justice Hemant Chandangoudar permitted withdrawal of the petition after Darshan filed a memo, seeking to challenge the trial...

Karnataka High Court Issues Notice On PIL To Regulate Practice Of "Asthi Visarjan" In Cauvery River But Refuses Interim Relief

The Karnataka High Court on Monday issued notice to the State government and other respondents on a public interest litigation seeking to regulate the practise of "Asthi Visarjan" along the river Cauvery and to ensure that it is done only at designated spots which would be earmarked by the authorities.A division bench of Chief Justice N V Anjaria and Justice K V Aravind issued notice on the...

Karnataka High Court Weekly Roundup: July 22 - July 28, 2024

Citations: 2024 LiveLaw (Kar) 326 To 2024 LiveLaw (Kar) 337Nominal Index:State of Karnataka & Others AND Umadevi Hundekar. 2024 LiveLaw (Kar) 326ABC AND State of Karnataka. 2024 LiveLaw (Kar) 327Dhariyappagouda Patil AND State of Karnataka & Others. 2024 LiveLaw (Kar) 328Zaheda Inamdhar AND Dr Fatima Hassina Sayyedha. 2024 LiveLaw (Kar) 329Canara Bank AND Commissioner of Customs...