UAPA | Article 21 Can't Be Stretched To Protect Those Posing A Threat To Nation's Sovereignty & Integrity: Karnataka High Court

"It is the duty of the Constitutional Courts to protect the nation and its society from such people who indulge in anti national and anti societal activities. Without the nation there is no Constitution," it said.

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216 (Court may alter charge), the powers under Section 216 of Cr.P.C. should not be exercised.A single judge bench of Justice S Vishwajith Shetty said “Abuse of legal procedure is one of the major factors...

Karnataka High Court Weekly Round-Up: February 19 - February 25, 2024

Citations: 2024 LiveLaw (Kar) 84 To 2024 LiveLaw (Kar) 94Nominal Index:BBMP POWRAKARMIKAR SANGHA AND Bruhat Bengaluru Mahangara Palike. 2024 LiveLaw (Kar) 84The Divisional Manager Shriram General Insurance Company Limited AND Yunus & Others. 2024 LiveLaw (Kar) 85Annappa Appasab Mokashi & ANR AND The SLAO & ANR. 2024 LiveLaw (Kar) 86T Narayana Reddy & ANR AND Nirmala &...

Citing Weak Socio-Economic Background Of Accused & Survivor, Karnataka High Court Quashes POCSO Case Over Consensual Relationship With Minor

The Karnataka High Court recently quashed the criminal prosecution initiated against a 20-year old youth for allegedly marrying a minor girl and committing sexual intercourse, leading to her giving birth to a child.A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by the youth who was charged under Sections 366(A), 376(1) of the IPC and Sections 4 and 6 of the...

'I Believe In Writing Easy, Judgments Must Be Understandable By Ordinary People': Karnataka HC Chief Justice PS Dinesh Kumar Bids Farewell

Chief Justice of the Karnataka High Court, Justice PS Dinesh Kumar, on Friday said he believes in writing easy, readable judgments by using simple jargon.Speaking at the farewell function organised for him by the Karnataka State Bar Council he said “Judgments writing involves a solemn process to uphold constitutional responsibilities, judgments must be easily understandable by...

Karnataka Examination Authority Allotted MD Respiratory Seat 'Illegally': High Court Imposes Rs.1 Lakh Cost

The Karnataka High Court has imposed a cost of Rs 1 lakh on Karnataka Examination Authority after holding that allotment of MD in Respiratory Medicine seat made in favour of a candidate was wholly illegal.A division bench of Chief Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda allowed the petition filed by Dr. Rajesh Kumar D and set aside the order allotting seat to Pradeep Naik...

Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC

The Karnataka High Court has held that merely because the appointing authority looked into a daughter's marital status to determine her dependency on deceased employee will not by itself amount to gender discrimination.A single judge bench of Justice Sachin Shankar Magadum clarified that the object of compassionate appointment is firmly rooted in addressing the immediate financial crisis faced...

Hindu Adoption & Maintenance Act | Presumption Of Validity Operates In Favour Of Registered Adoption Deed, Strict Proof Not Required: Karnataka HC

The Karnataka High Court has said that a strict burden of proof for an adoption cannot be insisted upon when the adoption deed is registered.A single judge bench of Justice HP Sandesh allowed an appeal filed by MG Purushotham who had challenged the order of the trial court and the first appellate court allowing the suit filed by NK Srinivasan and others, declaring him as the absolute owner of...

'Not Many Takers For Seats In Ayurveda Colleges': Karnataka High Court Declines Plea For Additional Counselling Rounds To Fill Vacant Seats

The Karnataka High Court has dismissed a batch of petitions filed by 26 Ayurveda Medical Colleges seeking a direction to the National Commission for Indian System of Medicine (NCISM) to provide extra rounds of counselling or extend the last date for admission for students to be admitted in the colleges.A division bench of Chief Justice P S Dinesh Kumar and T G Shivashankare Gowda...

Political Party Can Be Sued For Defamation: Karnataka HC Declines To Quash Congress Legislator's Suit Against BJP Over Allegedly Defamatory Tweets

The Karnataka High Court on Thursday dismissed a plea filed by the Bharatiya Janata Party (BJP) seeking to quash a defamation complaint filed by Indian National Congress Legislator Rizwan Arshad, over allegedly defamatory tweets made by the party against him, in the year 2019.A single judge bench of Justice Krishna S Dixit said “The tweets A and B if not C and D (as per annexures mentioned...

Karnataka Govt Assures High Court That Positive Action Will Be Taken Against Illegal Encroachments Inside Gulbarga Fort

The Karnataka government has assured the High Court that it will take some positive action against 282 structures which have been erected in violation of Section 19(1) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, inside the Gulbarga Fort (Kalaburagi).A division bench of Chief Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda in its order recorded...

Karnataka High Court Upholds Railway Policy To Have Base Kitchens Near Stations, Says It's A Policy Decision To Ensure Good Quality & Hygiene

The Karnataka High Court has upheld the 2023 addendum to the Railways Catering Policy of 2017, by which Base Kitchen infrastructure and qualified and skilled manpower to handle food production have to be put in place not only at originating but also at enroute stations for ensuring good quality and hygienic food to passengers on trains.A single judge bench of Justice M Nagaprasanna dismissed...