Arbitration Agreement Valid Even If It Refers To Arbitration Act, 1940 As Applicable Law: Karnataka High Court

The Karnataka High Court single bench of Justice HP Sandesh held that even if an arbitration agreement erroneously refers to the 1940 Act after the enactment of the 1996 Act, it does not render the agreement invalid. It held that arbitral proceedings initiated under it before the enactment of the 1996 Act could continue under the old Act unless the parties agreed...

[O.7 R.10 CPC] Defendant In A Suit Cannot File An Application For Return Of Plaint Due To Lack Of Territorial Jurisdiction: Karnataka High Court

The Karnataka High Court has made it clear that an application under Order 7 Rule 10 (Return of plaint) of the Civil Procedure Code (CPC) can be maintained only by the plaintiff and not by the defendant in a suit.A single judge bench of Justice Suraj Govindaraj dismissed a plea by Acharya Pathasala Educational Trust by holding that "an application under Rule 10 of Order VII of the Code of...

[Bangalore Teacher's Constituency Bye-Election] Karnataka HC Reduces Restriction On Sale Of Liquor, Dry-Day To Be Observed On Polling & Counting Days

The Karnataka High Court on Wednesday passed an interim order limiting the ban imposed on the sale, distribution, and serving of liquor in all retail shops, hotels, bars, bar and restaurants, etc from 6 am to 12 am on February 16th and February 20th. Previously the authorities had announced a dry day from 5.00 pm on February 14 to 6.00 am on February 17 and 6.00 am to midnight on February...

Karnataka High Court Calls For Intervention Of State Bar Council To Mediate Dispute Between Two Factions Of Lawyers In Kittur Taluk

The Karnataka High Court has requested the Chairman of the State Bar Council to find a way to mediate the dispute between the two factions of lawyers in Kittur Taluk, so as to maintain harmonious relation between the members of the Bar.A single judge bench of Justice Suraj Govindaraj made the suggestion while dismissing a plea filed by the Bar Association, Kittur, challenging the resolution...

RERA | Karnataka High Court Raps Panchayat For Issuing Occupancy Certificate Without Inspection, "From Within Four Corners Of AC Chambers"

The Karnataka High Court recently pulled up the Kannamangala Gram Panchayat for issuing occupancy certificate to a retirement home project without carrying out any inspection as to the actual state of the site.While refusing to interfere with Karnataka RERA's order declaring the project 'Serene Urbana' an "on-going project", Justice M Nagaprasanna observed that the apartment complex did not...

Supreme Court Collegium Proposes Transfer Of Justice Anu Sivaraman From Kerala HC To Karnataka HC On Her Request

The Supreme Court collegium has recommended the transfer of Justice Anu Sivaraman from Kerala High Court to Karnataka High Court on her request.By a communication dated 16 October 2023, Justice Anu Sivaraman sought a transfer out of the State of Kerala."The Collegium accedes to the request and resolves to recommend that Ms. Justice Anu Sivaraman be transferred, in the interests of the...

State Bar Council Has No Authority To Question Law Degree Certificate On Grounds Of Ineligibility To Obtain Certificate: Karnataka High Court

The Karnataka High Court has set aside an order passed by the Karnataka State Bar Council refusing to enroll a government servant who pursued a law degree while being in service and sought enrollment after his retirement on the ground that he did not submit any documents to show that he has attended the classes conducted by the college.A single judge bench of Justice Ashok S Kinagi allowed...

Pensioners To Be Handled With Sympathy, Doctrine Of Delay & Laches Not Thumb Rule Where No Third Party Rights Created: Karnataka High Court

The Karnataka High Court has held that observed that the State pensioners have to be handled with sympathy and that doctrine of delay and laches per se cannot defeat the legitimate right of a citizen in a case where no third party rights are created.Observing thus, a division bench of Justice Krishna S Dixit and Justice G Basavaraja partly allowed the petition filed by one Seethalaxmi who...

Arbitration Referred By Civil Court Without Invoking S. 11 Of Arbitration Act Doesn't Require Registration, It's Part Of Decree: Karnataka High Court

The Karnataka High Court single bench comprising Justice MG Uma held that when a Civil Court refers the parties to arbitration and appoints an arbitrator without invoking Section 11 of the Arbitration and Conciliation Act, 1996, the award merges with the decree accepted by the court, therefore, doesn't warrant to be registered and drawn on a stamp paper. Brief Facts: H...

Karnataka High Court Reserves Order On Kerala CM's Daughter's Company To Stay SFIO Probe

The Karnataka High Court on Monday (February 12) reserved order on the plea of Exalogic Solutions Private Ltd - a company of which Kerala Chief Minister Pinarayi Vijayan's daughter Veena Vijayan is a director - to stay the investigation by the Serious Fraud Investigation Office (SFIO) against the company.A bench of Justice M Nagaprasanna reserved order on interim relief while hearing a...

Motor Accident Compensation Can't Be Lower Merely Because Deceased Minor Was A Girl: Karnataka High Court

The Karnataka High Court has held that there cannot be any discrimination between a minor girl or minor boy while granting compensation for a motor accident.In Kishan Gopal vs. Lala (2014), the Supreme Court had ruled that in the case of death of a minor in road traffic accident, the claimants would be entitled for compensation in a sum of Rs.5 lakh.A single judge bench of Justice V....

Karnataka High Court Permits DNA Profiling Test In Suit Seeking Partition Of Property

The Karnataka High Court has dismissed a petition filed by a defendant in a suit for partition of property, challenging the order passed by trial court directing him and the plaintiff to appear before the Forensic Laboratory to draw blood samples to conduct DNA profiling test to decide on their paternity relationships.A single judge bench of Justice M G Uma dismissed the petition filed...