Karnataka High Court
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...
Accused Who Has Been Acquitted/Discharged Has Right To Live With Dignity: Karnataka HC Directs For Party's Name To Be Masked In Court's Digital Records
The Karnataka High Court while directing the registry to mask the name of an accused in the cause title of the case found in the records of the court has observed that “even an accused who has been discharged or acquitted honourably by a competent Court of law has a right to live with dignity.”A single judge bench of Justice M Nagaprasanna said that Article 21 of the Constitution of...
Junior Court Officer Should Not Be Permitted To Draw Higher Pay Scale To That Of Seniors In Solitary Cadre: Karnataka High Court
The Karnataka High Court recently directed the Registrar General of the Court to reconsider the representation made by 12 Court officers, seeking to cure anomaly in their pay scale with regards to Section 6(b) of the High Court of Karnataka (Officers and Officials) Revised Pay Rules, 2018.A single judge bench of Chief Justice P S Dinesh Kumar (now retired) allowed in part the petition filed...
Claim For Workmen's Regularisation Doesn't Depend On Appointment Order, But Actual Work Done For Corporation: Karnataka High Court
The Karnataka High Court has dismissed a petition filed by Karnataka Power Corporation Limited (KPCL) questioning the order of the Industrial Tribunal directing the regularisation of 13 workmen.A single judge bench of Justice Anant Ramanath Hegde confirmed the order dated 30.06.2012 passed by the Tribunal and directed that since the demand for regularisation was pending for close to 20 years,...
Karnataka HC Directs State Government To Appoint Chairperson And Members To Karnataka Real Estate Appellate Tribunal
The Karnataka High Court bench comprising of Justice M. Nagaprasanna has directed the State government of Karnataka to expeditiously appoint chairperson and members to Karnataka Real Estate Appellate Tribunal (REAT), which has become non-functional due to these vacant posts. Background Facts On 17.03.21, the Karnataka Real Estate Regulatory Authority (RERA) issued certain directions...
Can't Let Husband Create 'Artificial Deductions' From Salary To Grant Less Maintenance To Wife: Karnataka High Court
The Karnataka High Court has held that extra deductions from the salary of husband like provident fund contribution, house rent recovery, furniture recovery, etc., cannot be made deductible while considering for assessment of maintenance amount to be granted to the estranged wife.A single judge bench of Justice Hanchate Sanjeevkumar dismissed the petition filed by a husband questioning the...
Karnataka High Court Monthly Digest: February 2024
Citations: 2024 LiveLaw (Kar) 54 To 2024 LiveLaw (Kar) 105Nominal Index: H S Abdul Riyaz Basha AND State of Karnataka & Others. 2024 LiveLaw (Kar) 54Anil H Lad AND Authorised Officer, Punjab and National Bank. 2024 LiveLaw (Kar) 55MPHASIS LIMITED AND Ashok S Narayanpur. 2024 LiveLaw (Kar) 56Kushal Ram Reddy AND Bruhat Bengaluru Mahanagara Palike & Others. 2024 LiveLaw (Kar) 57ABC...
NI Act | Deviation From Terms Of Settlement Arrived At During Appellate Stage To Result In Restoration Of Conviction: Karnataka High Court
The Karnataka High Court has directed that when a convict under the Negotiable Instruments Act offers himself for settlement of the dispute in appeal on the basis of which conviction is set aside, Courts shall mandatorily observe that deviation from the terms of compromise will automatically result in restoration of conviction order.A single judge bench of Justice M Nagaprasanna said...
Karnataka High Court Weekly Roundup: February 26 - March 3, 2024
Citations: 2024 LiveLaw (Kar) 93 To 2024 LiveLaw (Kar) 107Nominal Index:K Lakshmi AND Canara Bank. 2024 LiveLaw (Kar) 93Dr Rajesh Kumar D AND State of Karnataka & Others 2024 LiveLaw (Kar) 94ABC AND State of Karnataka. 2024 LiveLaw (Kar) 95Shivappa AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 96Mazin Abdul Rahman @ Mazin. 2024 LiveLaw (Kar) 97Sharath Chandrasekhar AND Union of...
S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court
The Karnataka High Court has held that Sections 19 and 21 of the Protection of Children from Sexual Offences Act puts an obligation on a doctor to inform the relevant authorities when she/he has knowledge of an offence under the Act. There is no obligation on this person to investigate and gather knowledge about the offence.A single judge bench of Justice Ramachandra D Huddar said...
[Caste Census] Karnataka HC Asks State Whether It Has Socio-Economic & Education Survey Based Report Prepared By Backward Classes Commission
The Karnataka High Court on Friday directed the State to file an affidavit stating whether it has received a report about the Socio-economic and Education Survey, and Caste census report prepared by the Karnataka State Commission for Backward Classes.A division bench of Chief Justice N V Anjaria and Justice T G Shivashankare Gowda said:“When petitions came up for consideration the...
Mother Taking Care Of Children Does A "Whole Time Job", Can't Be Said To Be Lazying Around: Karnataka High Court Enhances Maintenance
The Karnataka High Court has observed that taking care of the children, for a mother, is a whole time job and the husband cannot deny maintenance amount on the ground that she being qualified is not willing to work and earn money and wants to live on the maintenance that the husband pays.A single judge bench of Justice M Nagaprasanna allowed the petition filed by a woman questioning the order...