Threat To Rule Of Law: Karnataka High Court Takes Exception To Assault On Lawyer By Police, Directs State To File Further Action-Taken-Report

The Karnataka High Court on Friday acting on the representation made by Advocates Association of Bengaluru, initiated a suo-moto petition regarding the incident of an advocate being assaulted by policemen at Chikamanagaluru district. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit observed “This is not a happy thing. If there is an attack on a lawyer it does...

s138 NI Act | Complainant Had No Right Over Property, Misused Cheques Issued To Grandfather: Karnataka High Court Upholds Accused's Acquittal

The Karnataka High Court has dismissed an appeal upon noting that the appellant/complainant under the Negotiable Instruments (NI) Act did not possess any right over the property which had been purchased by the accused using the cheques which were dishonoured. The Court also found that the appellant had misused the cheques which had been issued by the accused in her grandfather's...

Using Residential Premises To Provide Free Lodging Services To Cancer Patients, Parents Not Hospital Activity: Karnataka High Court

Justice Suraj Govindaraj of the Karnataka High Court recently quashed a notice issued by Bruhat Bengaluru Mahanagara Palike (BBMP) to a non-profit organization providing supportive care, including free lodging services, to children undergoing cancer treatment and their parents.The notice, which was issued to non-profit organization "Access Life Assistance Foundation" on the basis of a...

Disproportionate Assets Case: High Court Permits DK Shivakumar To Withdraw Challenge After Karnataka Govt Withdraws Consent For CBI Probe

Subsequent to the Karnataka government withdrawing consent accorded to the CBI, the High Court today permitted Deputy CM DK Shivakumar to withdraw his petition and appeal challenging the consent to prosecute him given to CBI in the disproportionate assets case.A Division Bench of Chief Justice PB Varale and Justice Krishna S Dixit said in the absence of any challenge to the GO, it cannot...

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child

The Karnataka High Court has quashed the criminal case initiated against a man (petitioner) for offences punishable u/s 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, taking note of the survivor's plea that she and her child depended on him and the prosecution would not be in the interest of justice.The survivor had appeared before the court and pleaded that the petitioner was...

Provide Form For Candidates To Disclose Pending Criminal Cases During Nomination Process: Karnataka High Court To State Election Commission

The Karnataka High Court has directed the State Election Commission and other Agencies associated with the election process to implement directions given by the Apex Court pertaining to providing a form in which the contesting candidates are to declare their involvement in pending criminal cases, if any. The petitioner's election had been annulled by the Election Tribunal on the ground that...

Marriage Does Not Eclipse Right To Individual Privacy, Autonomy: Karnataka High Court On Wife's RTI Seeking Husband's Aadhar Details

The Karnataka High Court has set aside an order of a single bench which directed the UIDAI to issue notice of hearing to an Aadhar card holder whose wife had filed an RTI application seeking personal Aadhar information, such as his address of service in order to enforce an order of maintenance.The single bench had directed the Assistant Director General, Central Public Information Officer,...

PC Act | Proceedings By Third Parties Not Judicial Proceedings, Employer Cannot Withhold Pension On Such Grounds: Karnataka High Court

The Karnataka High Court has recently held that proceedings instituted by third parties against a government employee under the Prevention of Corruption Act ("PC Act"), cannot be construed to fall within the category of judicial proceedings, permitting the employer to withhold the pension of the retired employee.In dismissing an appeal by the Karnataka Power Transmission Corporation...

Karnataka High Court Weekly Round-Up: November 20 To 26, 2023

Citations: 2023 LiveLaw (Kar) 437 To 2023 LiveLaw (Kar) 449Nominal Index:Zameer Ahmed Khan AND The State of Karnataka By Lokayukta P.S. 2023 LiveLaw (Kar) 437Ashok D Sanadi And The Chief Secretary & Others. 2023 LiveLaw (Kar) 438Sayyad Murtuza Sayyad Kasim Haji AND State of Karnataka & Other. 2023 LiveLaw (Kar) 439XXX AND Union of India & Others. 2023 LiveLaw (Kar) 440Kalavathi...

Family Pension Not Payable To Second-Wife When First Marriage Subsists: Karnataka High Court

The Karnataka High Court has dismissed an appeal filed by the second wife of a deceased State employee, seeking family pension upon the death of her husband. In dismissing her appeal upon noting that the deceased employee's first marriage was still subsisting when he married her, a division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said, “Family Pension is payable...

Karnataka High Court Suggests State To Conduct "e-KYC" Before Issuing Death Certificates

The Karnataka High Court has directed Bruhat Bengaluru Mahanagara Palike (BBMP) and Secretary of e-governance to come up with a system of verifying the identification of the person who is dead on the basis of e-KYC like usage of Aadhar etc, so that no error occurs in the details which are entered firstly by the hospital and secondly while issuing the death certificate.A single judge bench...

[Cheque Dishonour] Accused Must Take 'Probable Defence' To Rebut Adverse Presumption U/S 139 NI Act: Karnataka High Court Reiterates

The Karnataka High Court has reiterated that to rebut the presumption under Section 139 Negotiable Instruments Act that cheque has been issued in discharge of a debt or liability, the accused must raise 'probable defence'.Faced with accused's mere denial regarding the existence of debt, Justice S Rachaiah remarked, “If the defence taken by the accused is not acceptable obviously the...