Karnataka High Court
Compensation Will Have To Be Paid If Money Belonging To Citizen Is Retained By State Entities: Karnataka High Court
The Karnataka High Court has said that money belonging to a citizen is his property, and if that is retained by the State entities it amounts to temporary acquisition of property for which as a matter of rule compensation has to be paid to the citizen.A division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar said “Money belonging to a citizen is his property. If that...
Can't Deny Registration Of Property Which Is Purchased In Auction On The Ground That Income Tax Dues Are Pending Against Original Borrowers: Karnataka HC
The Karnataka High Court has held that a Sub-Registrar cannot refuse to register a sale certificate issued by the bank to an auction purchaser of property on the ground that certain claims of the Income Tax Department are pending against the original loan borrowers.A single judge bench of Justice M Nagaprasanna allowed a petition filed by T Bharathgowda and directed the Sub-Registrar to...
State Govt's De-Nomination Of Chairman Of Minorities Commission Before Completion Of Fixed Term Not Arbitrary: Karnataka High Court
The Karnataka High Court has dismissed a petition filed by Abdul Azeem, a former Chairman of the Karnataka State Minorities Commission, questioning the government decision cancelling the nomination of the petitioner as Chairman of the Commission.A single judge bench of Justice M Nagaprasanna said “The petitioner is a nominee who is nominated under Section 4 of the Act. Section 4...
Karnataka High Court Waives Compulsory Rural Service For 447 Doctors As State Failed To Notify Amended Rules For Over 10 Yrs
The Karnataka High Court has granted relief to 447 MBBS students from compulsory rural service for one year, as sought under the 2012 amendment of Rule 11 of Karnataka Selection of Candidates for Admission to Government seats in Professional Educational Institutions Rules 2006, as the amended rule was not gazetted for 10 years after it was finalised.A single judge bench of Justice M...
Karnataka High Court Issues Notice On PIL Claiming Remains Of Temple Under Jamia Masjid At Srirangapatna
The Karnataka High Court on Tuesday issued notice to the Archaeological Survey of India (ASI), State Government and other respondents on a public interest litigation claiming that the present structure of Jamia Masjid, situated at Srirangapatna was constructed by Tipu Sultan on the site of Moodala Bagilu Anjaneya Swamy Temple.A division bench of Chief Justice N V Anjaria and Justice K V...
Past Conduct Of Workman Must Be Looked Into While Passing Order Of Dismissal: Karnataka High Court
The Karnataka High Court has set aside an order passed by the Labour Court directing the reinstatement of a conductor working with the Karnataka State Road Transport Corporation, who was charged and dismissed for non-issuing of tickets to passengers travelling on the bus.A single judge bench of Justice Jyoti Mulimani allowed the appeal filed by the corporation and said “The...
Withdrawing Suit In Which Forged Documents Were Submitted Would Not Automatically Result In Quashing Of Criminal Proceedings: Karnataka High Court
The Karnataka High Court recently held that withdrawal of the suit wherein forged documents were submitted would not automatically result in the quashing of the criminal proceedings lodged against the plaintiff by the respondent to the suit.A single judge bench of Justice Suraj Govindaraj said “Merely because the suit was withdrawn would not take away the fact of forgery or use of...
No Blanket Order Can Be Passed To Deposit Licensed Firearms Before Elections: Karnataka High Court Issues Guidelines
The Karnataka High Court recently issued guidelines to be followed by authorities to ensure that orders are not passed demanding the deposit of firearms by licensed holders before Lok Sabha elections.A single judge bench of Justice Sachin Shankar Magadum said “Since the authorities are consistently violating the guidelines issued by the Election Commission of India, this Court deems it fit...
Karnataka High Court Weekly Roundup: May 20 - May 26, 2024
Citations: 2024 LiveLaw (Kar) 225 To 2024 LiveLaw (Kar) 232Nominal Index: Uma & ANR AND Banshankar & Others. 2024 LiveLaw (Kar) 225Chinnaswamy K AND Theosophy Company (Mysore) Pvt Ltd. 2024 LiveLaw (Kar) 226The State of Karnataka AND Anil N B. 2024 LiveLaw (Kar) 227Nagabhushan Reddy N & ANR AND Bruhat Bengaluru Mahanagara Palike & Others. 2024 LiveLaw (Kar) 228ABC AND State...
Unfounded Allegation On Character Of Spouse Is Cruelty, Can Be Grounds For Dissolution Of Marriage: Karnataka High Court
The Karnataka High Court recently allowed an appeal filed by a woman challenging the order of the trial court dismissing her petition seeking divorce and held that unfounded allegation on the character of a spouse causes mental cruelty and can be a ground for dissolution of marriage.A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde allowed the appeal filed by the...
When Punishment For Offense Is Upto 3 Yrs, Cognizance Of Complaint Must Be Taken Within 3 Yrs Of Filing To Not Be Bad In Law: Karnataka High Court
The Karnataka High Court has acquitted an Editor/Publisher of a local magazine who was convicted on charges of defamation holding that cognizance of the offence was taken after 8 years of filing the complaint by the trial court.A single-judge bench of Justice S Rachaiah acquitted Ando Paul, who was convicted of offences under Sections 500, 501 and 502 of the Indian Penal Code. The bench relied...
Mere Allotment Of Property Without Registration Does Not Confirm Allottee's Title: Karnataka High Court
The Karnataka High Court has held that the wife of an original allottee becomes the absolute owner of the property if, before registration of property, the allottee died and thereafter on making the necessary payment the property is transferred in the woman's name.A single judge bench of Justice S Rachaiah dismissed an appeal filed by Adhilakshmi and others challenging a trial court...