Karnataka High Court
Proposed Purchaser Of Joint Family Property Cannot Be Impleaded As Party Respondent In Suit For Partition: Karnataka High Court
The Karnataka High Court has made it clear that a proposed purchaser of a joint family property cannot be impleaded as a party respondent in a suit for partition and separate possession between family members.A single judge bench of Justice M G Uma set aside the trial court order allowing one Murugan to be impleaded in the suit between family members. It said,“I am of the opinion that...
[S. 407 CrPC] Only Cases & Appeals Can Be Transferred From One Court To Another, FIRs Cannot Be Transferred: Karnataka High Court
The Karnataka High Court has reiterated that First Information Reports (FIR) filed in different police stations cannot be transferred by invoking powers under Section 407 of the Criminal Procedure Code (CrPC) and that only cases and appeals can be transferred under such provision.A single-judge bench of Justice Shivashankar Amarannavar dismissed a plea filed by M/s Achievers Agri India (P)...
PDS Depots Not Profit Oriented, Unscrupulous License Holders Must Be Weeded Out: Karnataka High Court
The Karnataka High Court has dismissed an appeal filed by a Fair Price Depot owner challenging the order cancelling his authorisation and forfeiting the security deposit made by him after he was found guilty of malpractice in distributing food grains.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit, dismissed the appeal filed by K L Shivanna and said,...
Karnataka HC Quashes Order Directing Freezing Of Startup Company's Bank Account After Director Was Accused Under NDPS Act
The Karnataka High Court set aside an order freezing the bank accounts of a startup company after one of the directors was booked for offences punishable under the Narcotics Drugs and Psychotropic Substances Act (NDPS).A single-judge bench of Justice M Nagaprasanna allowed the petition filed by M/s. Ownpath Learning Private Limited and said “Freezing the bank accounts of the Petitioner...
Specific Relief Act | Adequacy Of Bank Balance Not Absolute Prerequisite To Prove Readiness &Willingness To Meet Contractual Obligations: Karnataka HC
The Karnataka High Court has held that though it is relevant to consider the bank balance of a party while considering the issue of his readiness and willingness to execute a sale agreement, it is not an absolute prerequisite to establish the same.A Single judge bench of Justice Sachin Shankar Magadum said, "A plaintiff's financial constraints, per se, should not be wielded as a...
Principle Of Pay And Recover To Be Applied In Cases Where Driver's License Not Proved: Karnataka High Court
The Karnataka High Court has held that in cases where it is not proved that deceased driver of a vehicle involved in a road accident possessed valid driving licence, the Claims Tribunal will have to apply principles of 'pay and recover' by directing the insurance company to deposit the compensation amount and recover it later from the owner of the vehicle.A single judge bench of Justice...
Rule Of Locus Standi Liberally Construed Where State Largesse Granted Illegally: Karnataka High Court
The Karnataka High Court has said that in matters concerning illegal grant of State largess, the rule of locus standi is to be liberally construed and that would serve the public interest. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed an appeal filed by Adichunchanagiri Maha Samstana Mutt challenging a single bench order wherein the court allowed...
Centre Has Absolute Power To Expel Foreigners Who Overstay: Karnataka HC Dismisses Plea By Alleged Bangladeshi Spy Challenging 'Exit Permit'
The Karnataka High Court has said that the power of Government of India to expel nationals of other countries who overstay in the nation without any document is absolute and unfettered.A single judge bench of Justice M Nagaprasanna dismissed a petition filed by a Bangladeshi national Raktima Khanum who had questioned the issuance of exit permit to her by the Foreigners Regional...
Karnataka High Court Weekly Round-Up: January 15 To January 22, 2024
Citations: 2024 LiveLaw (Kar) 21 To 2024 LiveLaw (Kar) 34Nominal Index:Attikaribettu Grama Panchayath AND Ganesha & Others. 2024 LiveLaw (Kar) 21Sharadha L Dodmani AND State of Karnataka & Others. 2024 LiveLaw (Kar) 22Shrishail AND State of Karnataka. 2024 LiveLaw (Kar) 23M/s Thakur Industries AND State of Karnataka & Others. 2024 LiveLaw (Kar) 24Koshy Varghese AND Union of...
Revised Returns Filed Waiving Claim And Paid Taxes: Karnataka High Court Quashes Section 276C(1) Prosecution For Wilful Tax Evasion
The Karnataka High Court has quashed the prosecution under Section 276C(1) of the Income Tax Act for wilful tax evasion.The bench of Justice M. Nagaprasanna has observed that the assessees filed revised returns, waiving their claim for short-term capital loss and long-term capital gains, and also paid taxes, the moment the search was conducted and the assessment proceedings commenced.In...
High Court Imposes ₹5 Lakh Cost On Karnataka Examinations Authority For Illegally Allotting Reserved MD Radio Diagnosis Seat To Ineligible Candidate
The Karnataka High Court has imposed a cost of Rs 5 lakh on Karnataka Examinations Authority (KEA) after holding that it illegally allotted a reserved seat in the MD Radio Diagnosis course, in favour of one Dr. Sunil Kumar H B.A division bench of Justice P S Dinesh Kumar and T G Shivashankare Gowda allowed the plea filed by Dr. Rajini C K, set aside the seat allotted to Dr Kumar and directed...
Universities To Process Applications For Name & Gender Change In Degree Certificates Of Trans Persons Under NALSA Guidelines, Not Drive Them To Court: Karnataka HC
The Karnataka High Court has observed that Universities/Educational Institutions should process applications for change of name and gender made by transgender persons in degree certificates upon receipt of requests instead of driving all applicants to court for directions. A single judge bench of Justice Ravi V Hosmani issued the direction after it was informed there are innumerable...