Karnataka High Court
Matter Of Legislative Policy: Karnataka High Court Dismisses Plea Seeking To De-Recognize Certain Communities As Scheduled Tribes
The Karnataka High Court has dismissed a public interest litigation seeking to quash the enlistment of certain communities as Scheduled Tribes in the Constitution (Scheduled Tribes) Order (Second Amendment) Act, 1991 & the Constitution (Scheduled Tribes) Order (Amendment) Act, 2020.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the petition filed...
S.31 DV Act | Non-Payment Of Maintenance Arrears Not Prosecutable As Violation Of Protection Order: Karnataka High Court
The Karnataka High Court has held that a husband's non-payment of arrears to his wife and children would not invite prosecution under Section 31 of the Protection of Women from Domestic Violence Act, 2005.A single judge bench of Justice Shivashankar Amarannavar quashed the proceedings initiated against Mohammed Yaseen Naikwadi and said “The approach of learned Magistrate in taking cognizance...
Cheque Dishonour | Onus On Accused To Prove Cheque Issued Towards Repayment Of Loan Was Misused By Complainant: Karnataka High Court
The Karnataka High Court has held that in a cheque bounce case, the onus is on the accused to prove that the cheque was misused after it was issued to another person in lieu of a loan borrowed from them and thus did not amount to a legally enforceable debt.A single-judge bench of Justice Venkatesh Naik T dismissed the revision petition filed by the accused Muddumadaiah and upheld the...
'Anganwadi Workers Render Yeomen Service But Not Paid Well': Karnataka HC Asks State Govt To Consider Enhancing Terminal Benefits To Them
The Karnataka High Court has directed the State government to consider a representation seeking to increase the terminal benefits from Rs.30,000 to Rs.50,000 and from Rs.50,000 to Rs.1,00,000, to the Anganawadi Workers and Helpers, respectively.A single judge bench of Justice N S Sanjay Gowda gave the direction while disposing of a petition filed by Karnataka Rajya Anganvadi Karya...
Notice Under Municipalities Act Not Mandatory When Seeking Declaration Of Title & Permanent Injunction Against Town Municipal Council: Karnataka HC
The Karnataka High Court has made it clear that a prior notice under provisions of the Karnataka Municipalities Act is not mandatory while filing a declaratory suit of title and permanent injunction against the Town Municipal Council.Section 284 (1) reads thus: 284. Previous notice for suits, etc.—(1) No suit shall be instituted against any municipal council, officer, servant or any...
Belagavi Woman Assault| 'Cowardice; Need To Fix Collective Responsibility': Karnataka HC Condemns Villagers Who Stood As Mute Spectators
The Karnataka High Court today strongly criticized the inaction of approximately 50 to 60 bystanders who failed to intervene and rescue a woman who had reportedly been beaten, paraded naked, and tied to an electricity pole in Belagavi. This incident occurred after her son allegedly eloped with a girl.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit termed the act...
Constructed Building Becomes Exigible For Tax Only When Occupancy Certificate Issued: Karnataka High Court Quashes BBMP Demand Notice
The Karnataka High Court has quashed a demand notice issued by the Bruhat Bengaluru Mahanagara Palike (BBMP) for payment of backdated property tax from 2008, on the ground that the building was completed even when the Occupancy Certificate came to be issued on 25.04.2011. A single judge bench of Justice Suraj Govindaraj allowed the petition filed by M/s B M Habitat and quashed the order issued...
Debts Recovery Tribunals, Civil/Criminal Courts Don't Have Powers To Impound Passports Of Citizens: Karnataka High Court
The Karnataka High Court has held that the Debts Recovery Tribunal, or Civil/Criminal Courts and even the police do not have the power to impound the passport of a citizen.A single judge bench of Justice M Nagaprasanna said “The civil Court or the criminal Court itself do not have the power to impound the passport. Section 102 or 104 of the Cr.P.C. empowers the Police to seize and the Court...
'Cannot Entertain Truncated Plea Filed As PIL': Karnataka High Court Dismisses Plea Challenging Alleged Illegal Operation Of Special Trains
The Karnataka High Court has dismissed a public interest litigation filed by the Indian Railway Mazdoor Union alleging misappropriation of Government money, regarding the illegal operation of special trains.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said “On perusal of the Petition papers and the material annexed to the same, we are of the clear opinion...
Karnataka High Court Weekly Round-Up: December 11 To December 17, 2023
Citations: 2023 LiveLaw (Kar) 469 To 2023 LiveLaw (Kar) 478Nominal IndexMohan Nayak N AND State of Karnataka. 2023 LiveLaw (Kar) 469Mohammad Shafiulla AND The D. G. AND I.G.P. Of Police & Others. 2023 LiveLaw (Kar) 470Dr V L Nandish AND The Commissioner Bruhat Bengaluru Mahanagara Palike. 2023 LiveLaw (Kar) 471Anitha H And Principal District and Session Judge. 2023 LiveLaw (Kar) 472HIGH...
Karnataka High Court Restricts Unauthorised Access Of Visitors To Belgavi Assault Victim To Secure Undisturbed Medical Treatment
The Karnataka High Court has prohibited any person, individual, group, association, political party, or the like, from visiting the residence of the victim lady who was allegedly beaten up, paraded naked, and tied to an electricity pole in Belgavi after her son had allegedly eloped with a girl.The court has prohibited any unauthorized person from visiting the victim, except with the prior...
Karnataka Bank Not 'State' Under Article 12, Writ Petition Seeking Release Of Funds Held In Fixed Deposit Not Maintainable: High Court
The Karnataka High Court has held that a writ petition seeking a direction to release funds kept in Fixed Deposits with Karnataka Bank Ltd was not maintainable. A single judge bench of Justice K V Aravind said “Writ petition is rejected as the same is not maintainable under Article 226 of the Constitution of India as the second respondent-Bank is not a "State" under Article 12 of...