Karnataka High Court
Criminal Proceedings Should Be Restored Against Those Who Don't Adhere To Settlement In Cheque Dishonour Cases: Karnataka High Court
The Karnataka High Court has observed that criminal proceedings should be restored if an accused does not adhere to settlement arrived at between parties in a case registered under Section 138 of the Negotiable Instruments Act, with an intention only to dodge the issue after settlement. A single judge bench of Justice M Nagaprasanna dismissed a petition filed by one Mathikere...
School Register Indicating Birth Date Of Minor Rape Victim Can't Be Disbelieved If School Headmaster Is Examined To Prove It: Karnataka High Court
The Karnataka High Court has held that entries made in school register indicating the birth date of a ward cannot be disbelieved and it is admissible evidence if the details are proved by examining the school headmaster as witness.A division bench of Justice Sreenivas Harish Kumar and Justice C M Joshi made the observation while partly allowing the appeal filed accused Manikanta @ Pulli who...
Retrospective Application Of S.50 Black Money Act For Failure To Disclose Foreign Assets Unconstitutional: Karnataka High Court
The Karnataka High Court has quashed criminal prosecution initiated under Section 50 of the Black Money (Undisclosed Foreign Income and Assets) Imposition of Tax Act, 2015, against several businessmen who were charged for violations alleged to have been committed years before the Act came into force. The provision penalises assessee's failure to furnish any information of an asset...
Karnataka High Court Stays Probe Against YouTuber Ajeet Bharti For Remarks Against Rahul Gandhi, Says Two National Dailies Made Similar Claims
The Karnataka High Court on Monday stayed proceedings against YouTuber Ajeet Bharti who is charged under Section 153-A, 502 (2) of IPC for allegedly putting up a video tweet making remarks against Congress leader Rahul Gandhi.In the video, Bharti is stated to have claimed that the Congress leader will re-establish the Babri Masjid at the site of the new Ram temple in Ayodhya.A single judge...
Absence Without Leave Constitutes Misconduct In Industrial Employment and Justifies Disciplinary Punishment: Karnataka High Court
A single judge bench of the Karnataka High Court comprising of Justice Jyoti Mulimani while deciding a writ petition in the case of Shri G. Ramesh. v. The Karnataka State Seeds Corporation Ltd. has held that absence without leave constitutes misconduct in industrial employment and justifies disciplinary punishment. Background of Facts Shri G. Ramesh (Employee) was appointed as...
Karnataka High Court Upholds Govt Resolution Suspending Quarrying Leases Falling Within 1 Km Of Kappathgudda Wildlife Sanctuary
The Karnataka High Court has upheld a government resolution dated 29th September 2022 which suspend fourteen quarry leases located within one kilometre boundary of Kappathgudda Wildlife Sanctuary.A division bench of Chief Justice N V Anjaria and Justice Krishna S Dixit dismissed the petition filed by SR Bellary and others against the resolution passed by District Task Force Committee...
Political Influence By Public Servants In Transfer And Posting May Be Sole Ground For Denial Of Relief By Constitutional Court: Karnataka HC
The Karnataka High Court has deprecated the act of public servants causing political influence in a matter of their transfer and postings and said it may constitute a sole ground for declining relief.A Division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar allowed the appeal filed by Karnataka Food and Civil Supplies Corporation Limited and set aside a single judge bench...
Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court
The Karnataka High Court has quashed a notice issued by the State Bar Council to a 71-year-old Advocate pursuant to 'professional misconduct' allegations levelled against him by the opposite party in a suit, i.e. the judgment debtor.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Advocate Paras Jain, and said,“The complainant (A Ramachandra Reddy) had no locus...
S.29-C Karnataka Co-Operative Societies Act | No Ground To Interfere With Disqualification Of Director Who Failed To Repay Loan: High Court
The Karnataka High Court has upheld the order passed by the authorities disqualifying the Director of Janagere Primary Agricultural Credit Co-operative Society Ltd on the grounds that the petitioner was a defaulter not having cleared his loan dues to the Society as on the relevant date when he was elected. A single judge bench of Justice S Sunil Dutt Yadav dismissed the petition...
Karnataka High Court Weekly Round-Up: June 17 - June 23, 2024
Citations: 2024 LiveLaw (Kar) 265 To 2024 LiveLaw (Kar) 276Nominal Index:Mrs X AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 265Alla Baksha Patel AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 266Invest Karnataka Forum & ANR and M/s BBP Studio Virtual Bharath Pvt. Ltd & Anr. 2024 LiveLaw (Kar) 267ABC AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 268Bhavani Revanna...
Karnataka High Court Stays Single Bench Order, Halts All Racing And Betting Activities At Bangalore Turf Club
The Karnataka High Court on Saturday stayed a single judge bench order which had permitted carrying on all on-course and off-course horse racing and betting activities at the Bangalore Turf Club, subject to provisions of the Mysore Race Course Licensing Act 1952 and the Rules framed thereunder.A division bench of Chief Justice N V Anjaria and Justice K V Aravind stayed the operation of the...
SCN Can't Be Issued Prior To Finalisation Of Audit Proceedings; Karnataka High Court Stays Order
The Karnataka High Court has stayed the order passed under Section 74 of the CGST Act, 2017 on the grounds that the show cause notice cannot be issued prior to the finalization of audit proceedings.The bench of Justice Sunil Dutt Yadav has admitted the writ petition challenging the audit rules, namely Rule 101(2), (3), and (4), ultra vires to Section 65 of the CGST Act.The petitioner/assessee...