Karnataka High Court Upholds Order Restraining Spiritual Leader From Visiting Vijaypura, Says Conduct Eroded Dignity Attached To Office

"Such conduct, by any measure, is wholly inconsistent with the moral and spiritual discipline expected of a religious head and erodes the dignity attached to his office,” the court said.

Karnataka High Court Directs State To Digitise Parole Process, Build Online Dashboard For Tracking Applications

The Karnataka High Court has suggested that applications seeking parole leave–which presently have to be drafted on paper and submitted physically, be permitted to be filed and processed electronically and the details of the same must be made available in electronic form. Justice Suraj Govindaraj in his order noted that all the applications for parole are made on physical paper, are...

Take Steps To Ensure Safe Motorable Road On NH-66 And NH-275 Between Mangalore-Udupi: Karnataka High Court Tells NHAI

The Karnataka High Court on Friday directed the National Highways Authority and other respondents to take remedial steps to ensure safe, motorable and scientifically maintained roads on National Highway-66, National Highway-275 (Stretch between Mangalore-Udupi) and other arterial roads of coastal Karnataka.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha disposed of...

Lease Renewal Disputes With PSU's Are Arbitrable If Not Related To Eviction Under Public Premises Act: Karnataka High Court

The Karnataka High Court held that renewal of lease agreements with public sector undertakings are arbitrable and such disputes are not prohibited under Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act) when lessee continues in possession lawfully and the rent is being accepted by the lessor. Accordingly, the present application under section 11 of the Arbitration...

Karnataka High Court Frowns Upon Police For Filing Defective Chargesheets In Election Offences Against Prominent Personalities

The Karnataka High Court on Thursday (October 16) frowned upon police officers for filing defective chargesheets in offences related to Elections involving prominent personalities.Justice S Sunil Dutt Yadav observed “The seriousness with which election offences are dealt with requires to be commented upon. There is a separate chapter---Chapter IXA for offences relating to Elections in...

Mens Rea Not Prerequisite For Imposing Penalty U/S 117 Of Customs Act: Karnataka High Court

The Karnataka High Court held that mens rea is not a prerequisite for imposing a penalty under Section 117 of the Customs Act. Section 117 of the Customs Act, 1962, addresses penalties for contraventions not specifically mentioned elsewhere in the Act. Justices S.G. Pandit and K.V. Aravind stated that a plain reading of Section 117 of the Act makes it clear that whenever...

Tax Demands Raised Post Approval Of IBC Resolution Plan Are Not Enforceable: Karnataka High Court

The Karnataka High Court recently reiterated that tax demands raised by revenue authorities after the approval of a resolution plan under the Insolvency and Bankruptcy Code (IBC) are unenforceable if the claims were not submitted during the Corporate Insolvency Resolution Process (CIRP).A single bench of Justice M Nagaprasanna observed,“There is no jurisdiction to parallelly...

PMLA Tribunal Cannot Remand Back Order Of Attachment Passed By Adjudicating Authority For Fresh Consideration: Karnataka High Court

The Karnataka High Court has held that the Appellate Tribunal under the Prevention of Money Laundering Act has no power to remand back to consider afresh the order passed by the Adjudicating Authority, confirming the provisional attachment order.A division bench of Justice D K Singh and Justice Venkatesh Naik T allowed the appeal filed by the Enforcement Directorate and said “Tribunal...

'No Merit': Karnataka High Court Dismisses PIL Seeking To Correct Placement Of Words 'Satyamev Jayate' In State Emblem

The Karnataka High Court on Thursday dismissed a PIL seeking directions to the State to review and correct the Karnataka State Emblem and ensure full compliance of State Emblem of India (Prohibition Of Improper Use) Act, 2005.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha dismissed the petition filed by one Gnaneshwara M, seeking to ensure that the script...

Karnataka High Court Rejects Plea Seeking Release Of Congress MLA KC Veerendra Arrested In 'Illegal Betting' Case

The Karnataka High Court on Wednesday (October 15) dismissed the petition filed by wife of Congress MLA KC Veerendra for declaring his arrest in an alleged illegal betting case under PMLA as illegal, arbitrary and violative of his fundamental rights and to release him.Justice MI Arun said, "It is only on the ground that one FIR is alive in which 'B' report is filed that allows them (ED)...

Karnataka High Court Restrains 'Strip Search' Of Persons For Transgender Survey

The Karnataka High Court on Tuesday restrained the State government and persons conducting the 'Transgender survey', from conducting any identification by using the "strip and search" method.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha further directed that the information collected during the survey, which commenced on September 15, be kept strictly confidential...

SARFAESI Charge Created Before GST Charge Takes Precedence Over It: Karnataka High Court

'If a claim is made under the IBC Act and there is no claim under the SARFAESI Act, RDB Act, or GST Act, the claim under the IBC Act can be implemented without issue. Similarly, if a claim is made under the GST Act and there are no claims under the SARFAESI Act, RDB Act, or IBC Act, the claim under the GST Act can be executed without difficulty'