Karnataka High Court
Karnataka High Court Reserves Judgment On Pleas Challenging 'Hookah Ban' In State
The Karnataka High Court on Monday reserved judgment on a batch of petitions challenging a government notification banning the sale, consumption, storage, advertisement and promotion of all types of hookah products within the State.A single judge bench of Justice M Nagaprasanna reserved the judgment after hearing both the sides. As per the notification, hookah bar is a cause of fire hazards...
Karnataka High Court Declines To Quash Rape, POCSO Charges Against Chitradurga Mutt Pontiff; Orders Trial Court To Redraw Other Charges
The Karnataka High Court on Monday refused to quash rape charges against the pontiff of Murugha Mutt of Chitradurga, Dr Shivamurthy Muruga Sharanaru, who is accused of sexually abusing two minor girls staying in the hostels run by the Mutt. However, the court quashed the order of the trial court framing charges against the accused and directed it to redraw the charges after quashing...
Karnataka High Court Imposes Costs Of ₹25,000 Each On 35 Petitioners For Stalling Recruitment To Post Of Veterinary Officer
The Karnataka High Court has imposed a cost of Rs 25,000 each on 35 petitioners (collectively Rs 8.75 lakh) for stalling the recruitment process initiated for the post of Veterinary Officer.A division bench of Justice K Somashekar and Justice Rajesh Rai K while dismissing the petitions filed by Sunil G and others said “In our considered opinion, we are not able to appreciate the conduct...
Clear Right To Sue Is To Be Made Out In A Suit For Declaration Of Title: Karnataka High Court
The Karnataka High Court has reiterated that if the plaintiff in a suit for declaration of title fails to disclose a clear right to sue, the suit deserves to be rejected.A single judge bench of Justice Hemant Chandangoudar made the observation while allowing the petition filed by D N Bhagya challenging the order of the trial court rejecting the application filed under Order VII Rule 11 of...
S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court
The Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, a daughter-in-law cannot lay a claim for maintenance against her parents-in-law.A single judge bench of Justice V Srishananda allowed the petition filed by an elderly couple and set aside the order of the trial court dated 30.11.2021, directing them to pay Rs 20,000 to the wife of their deceased son and...
'No Intention': Karnataka HC Quashes PMLA Case Against Payment Gateway App Over Commission Earned From Illegal Business Of Another Entity
The Karnataka High Court has quashed the offences of Money laundering initiated against payment gateway company Razorpay, accused of being negligent in setting up the merchant IDs in the name of a co-accused who was involved in illegal money lending business.A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by the company and quashed the proceedings initiated by...
State Human Rights Commission Can Only Recommend And Not Direct State Govt For Action Against Policemen: Karnataka High Court Reiterates
The Karnataka High Court has reiterated that the State Human Rights Commission can only recommend and not pass directions to the Government to act against policemen.A Division bench of Justice Krishna S Dixit and Justice CM Poonacha partly allowed the petition filed by C Girish Naik who works as Inspector of Police and said “The report dated 12.3.2020 issued by the fourth respondent...
Workman Using Abusive Language Can't Be Treated Lightly, Punishment Of Dismissal Not Disproportionate: Karnataka High Court
The Karnataka High Court has held that the act of a workman using abusive language not once, but on several occasions cannot be treated lightly and the imposition of punishment by way of dismissal in such a case cannot be held to be disproportionate.A single judge bench of Justice K S Hemalekha made the observation while allowing the petition filed by the Management of Shakti Precision...
High Court Quashes Govt Order Appointing Karnataka School Examination & Assessment Board To Hold Annual School Exams
The Karnataka High Court has quashed the notifications issued by the State Government appointing the KSEAB (Karnataka School Examination & Assessment Board) as the competent authority to conduct the Summative Assessment-2 exams for students of classes 5th, 8th, and 9th and the annual examination for class 11th, studying in government, aided and unaided schools and colleges, following...
Hookah Ban Issued In Larger Public Interest Keeping In Mind Public Health: State Tells Karnataka High Court
The State Government on Wednesday submitted before the Karnataka High Court that it had, keeping in mind public health and larger public interest, exercised power under Article 47 of the Constitution of India had issued the notification banning the sale, consumption, storage, advertisement and promotion of all types of hookah products within Karnataka, with immediate effect.Advocate General...
[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court
The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits.A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya (since deceased) and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior Civil Judge and...
Apartment Complex With Only Residential Flats To Be Registered Under Apartment Ownership Act Not Cooperative Societies Act: Karnataka HC
The Karnataka High Court has held that to manage and maintain an apartment complex consisting of only residential flats, the association of owners has to be registered under the Karnataka Apartment Ownership Act, 1972, and not under the provision of Karnataka Co-operative Societies Act, 1959.A single judge bench of Justice Anant Ramanath Hegde said “Admittedly, the project referred to above...