Duty Of Institute To Provide Better Working Conditions For Specially Abled Persons Not Just A Moral Imperative, But Legal Obligation: Karnataka HC

The Karnataka High Court quashed a direction issued by the Indian Statistical Institute Bangalore Centre, to withhold payment of HRA paid to a disabled professor of the institute on the ground that he was staying in the guest house provided by the institute.A single judge bench of Justice Sachin Shankar Magadum allowed the petition filed by Prof. Dr Kaushik Majumdar said, “The duty of...

Dentist With BDS Degree Can't Be Appointed As Taluk Health Officer, Must Possess MBBS Degree: Karnataka High Court

The Karnataka High Court has made it clear that a dentist cannot be appointed to the post of Taluk Health Officer it has to be a General Duty Medical Officer and he/she should possess an MBBS Degree.A division bench of Justice M I Arun and Justice Umesh M Adiga dismissed the petition filed by Dr Vidyavanthi U Patil challenging the order of the Karnataka State Administrative Tribunal...

Karnataka High Court Exempts Trial Court & District Court Lawyers From Wearing Black Coat While Attending Proceedings During Summer Months

The Karnataka High Court has exempted Advocates practising in the District Courts and Trial courts in the State from wearing Black Coat while attending the Court proceedings during the period from 18th April 2024 to 31 May 2024.A circular issued by the Registrar General K S Bharath Kumar reads that “In view of the representation dated 05.04.2024 of the President, Advocates'...

Promises Published In Election Manifesto Of Political Parties Doesn't Amount To Corrupt Practices By Contesting Candidates: Karnataka High Court

The Karnataka High Court has dismissed an election petition filed by a voter in Shivajinagar Assembly Constituency, seeking to declare the election of Rizwan Arshad as Member of Legislative Assembly as void, on allegation of indulging in corrupt practice.A single judge bench of Justice S Vishwajith Shetty dismissed the petition filed by B Lakshmidevi, saying,“Since for the purpose of...

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence

The Karnataka High Court has set aside the murder conviction and life sentence imposed on three accused of setting ablaze a woman. Citing prosecution's failure to establish its case beyond reasonable doubt, a Division bench of Justice Sreenivas Harish Kumar and Justice S Rachaiah remarked,“It appears that the trial court has morally convicted the accused in the absence of legal...

No Further Enquiry Can Be Ordered Unless A Case Is Made Out: Karnataka High Court

The Karnataka High Court has dismissed a petition filed by Chairman of Central Board of Direct Taxes challenging an order of Central Administrative Tribunal's whereby it quashed the 'charge sheet' in the disciplinary enquiry against Assistant Income Tax Commissioner and directed it to hold 'Review DPC' within two months to consider her case for promotion.A division bench of Justice Krishna...

Karnataka High Court Dismisses Petition Seeking Termination Of Arbitration Proceedings With Costs Of 25,000/- Citing Delay By Petitioner Itself

The High Court of Karnataka has dismissed a writ petition seeking termination of arbitral proceedings under Section 29A of the A&C Act by observing that the arbitrator had proceeded diligently and it was the petitioner itself who had taken various adjournments causing delay. It imposed a cost of Rs. 25,000/- on the petitioner. The bench of Justices S.G. Pandit and C.M. Poonacha...

Burden On Defendant To Rebut Presumption As To Prima Facie Validity Of Registered Trademark In Suit Against Infringement: Karnataka High Court

The Karnataka High Court has dismissed the appeal filed by a partnership firm challenging trial court's temporary injunction order restraining it from infringing original plaintiff's registered trademark "Hotel Special", in relation to marketing of asafoetida (Hing).A single judge bench of Justice Anant Ramanath Hegde observed that registration of trademark is granted by the authority after...

Karnataka High Court Weekly Roundup: April 08 - April 14, 2024

Citations: 2024 LiveLaw (Kar) 169 To 2024 LiveLaw (Kar) 174Nominal Index:Sachin M R AND State of Karnataka. 2024 LiveLaw (Kar) 169King Solomon David & ANR AND Joint Secretary. 2024 LiveLaw (Kar) 170Dayananda @ R Babu & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 171Priyanka Singh AND Pankaj Singh Sengar. 2024 LiveLaw (Kar) 172M/s Pancharathna Enterprises AND The Commissioner...

[Cheque Dishonour] When Defence Of Accused Is Not Believable, Court Can Infer That He Issued A Cheque For The Said Transaction: Karnataka HC

The Karnataka High Court has held that in a case of dishonour of cheque registered under the Negotiable Instruments Act when the defence of the accused is not believable, inference can be drawn by the court that he made a transaction with the complainant and issued a cheque for the said transaction.A single judge bench of Justice S Rachaiah observed thus while dismissing a petition filed by...

Karnataka High Court Quarterly Digest: January To March, 2024 [Citations: 1-156]

Citations: 2024 LiveLaw (Kar) 001 To 2024 LiveLaw (Kar) 156Nominal Index:Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw (Kar) 1H B Bhagyalakshmi AND Cheluvamma. 2024 LiveLaw (Kar) 2Late H.H. Jyotendra Sinhji Vikramsinhji & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 3Hemanth Raju AND Punitha H J and Another. 2024 LiveLaw (Kar) 4ABC AND State...

No Limitation To Question Fraudulent Act Of Obtaining Benefit From Fake Caste Certificate: Karnataka High Court

The Karnataka High Court while dismissing a petition filed by an Ayush Medical Officer who secured the job based on submission of a false caste certificate, said that if a fraud has been committed by a person at the inception and obtained benefit thereof, there cannot be any limitation to question the said fraudulent act.A single judge bench of Justice V Srishananda dismissed a petition filed...