[Order 3 Rule 2 CPC] Trial Court Can't Prejudge Evidence Of Special Power Of Attorney While Dealing With Plaintiff's Application To Lead Evidence: Karnataka HC

The Karnataka High Court has said the trial court cannot assess and prejudge the evidence that would be given by the Special Power of Attorney, while considering an application made under Order III Rule 2 of the Civil Procedure Code, seeking permission to lead oral and documentary evidence through a special power of attorney.A single judge bench of Justice Suraj Govindaraj said “In terms...

Self Acquired Properties Of Hindu Joint Family Member If Thrown In "Common Hotchpot" To Be Treated As Joint Family Property: Karnataka HC

The Karnataka High Court has held that if a member of a joint Hindu family voluntarily throws his/her self-acquired property into common hotchpot with the intention of abandoning his/her separate claim over it and render it to be of all other members as well, such a property becomes a joint family property.A division bench of Justice Krishna S Dixit and Justice G Basavaraja while dismissing...

Karnataka HC Recalls Order Initiating Criminal Contempt Against Advocate Who Misbehaved In Court After He Tenders Unconditional Apology

The Karnataka High Court has recalled its order directing the initiation of criminal contempt action against an advocate for misbehaving in court by throwing the case files, addressing the bench in a loud voice, and refusing to argue on merits after he tendered an unconditional apology before the court.A single judge bench of Justice K S Hemalekha allowed the recall application filed by...

Twitter Account Blocking | Party Aggrieved By Review Committee Decision May Approach Court But Can't Seek Access To Internal Docs: Centre To Karnataka HC

The Union of India has said that X Corp (formerly Twitter) does not have locus standi to seek access to orders passed by the Review Committee (contemplated under Blocking Rules of 2009), confirming orders of the Designated Officer, directing X to block certain accounts for posting objectionable content.The Centre went on to say that any party aggrieved by the decision of Review Committee can...

Land Acquisition | Lived Like Nomads, Couldn't Contact Advocate: Karnataka HC Asks Reference Court To Reconsider Villagers' Plea For Enhanced Award

The Karnataka High Court has come to the aid of land owners whose land was acquired by the government but their reference application seeking enhancement of compensation was disposed of for want of necessary evidence being placed on record.A single judge bench of Justice V Srishananda allowed the appeal filed by Annappa Appasab Mokashi and others challenging the order passed by the...

Accident Witnesses Often Don't Come Forward, Police Records Sufficient To Conclude Claimant's Injuries In Absence Of Contradictions: Karnataka HC

The Karnataka High Court has held that unless there is some material indicating of active collusion between the injured and driver/owner of the offending vehicle to lay a false claim seeking compensation, proof in the form of police records would be sufficient enough for the Motor Accidents Claim Tribunal to come to conclusion that claimant has proved his case of suffering injuries in...

Karnataka High Court Directs BBMP To Clear Rs 90 Crore Due Towards PF Accounts Of Powrakarmikas

The Karnataka High Court has directed Bruhat Bengaluru Mahanagara Palike (BBMP) to comply with the order of Regional Provident Fund Commissioner directing it to deposit an amount of Rs 90,18,89,719 towards provident fund, pension fund and insurance fund contribution for Powrakarmikas, for the period from January 2011 to July 2017.A single judge bench of Justice KS Hemalekha dismissed the...

Karnataka High Court Weekly Roundup: February 12 - February 18, 2024

Citations: 2024 LiveLaw (Kar) 70 To 2024 LiveLaw (Kar) 83Nominal Index:Mohammed Refeeq AND S. Mohammed Fairoz Ahamed & Others. 2024 LiveLaw (Kar) 70Pallavi AND Mallamma & Others. 2024 LiveLaw (Kar) 71Seethalaxmi AND State of Karnataka & Others. 2024 LiveLaw (Kar) 72Shelhan AND Karnataka State Bar Council & ANR. 2024 LiveLaw (Kar) 73M/s Ozone Urban Infra Developers PVT Ltd...

Centre Not Powerless To Order SFIO Probe During Ongoing Investigation U/S 210 Of Companies Act 2013: Karnataka High Court

The Karnataka High Court has held that once an investigation has commenced under Section 210 of Companies Act 2013, the statute does not render the Government of India powerless to assign the probe to the Serious Fraud Investigation Office (SFIO) under Section 212 of the Act.A single judge bench of Justice M Nagaprasanna made the ruling while dismissing a petition filed by Exalogic...

BREAKING| Karnataka High Court Dismisses Plea Of Kerala CM's Daughter's Company Challenging SFIO Probe

The Karnataka High Court on Friday (February 16) dismissed the petition filed by Exalogic Solutions Private Ltd - a company of which Kerala Chief Minister Pinarayi Vijayan's daughter Veena Vijayan is a director - challenging the investigation by the Serious Fraud Investigation Office (SFIO) against the company.A bench of Justice M Nagaprasanna dismissed the petition filed by Exalogic...

POCSO Convict Not Entitled To Benefit Under Probation Of Offenders Act: Karnataka High Court

The Karnataka High Court has held that the benefit under the provisions of the Probation of Offenders Act, cannot be extended to a person convicted under the provisions of the Protection of Children from Sexual Offences Act (POCSO).A division bench of Justice Sreenivas Harish Kumar and Justice Vijaykumar A Patil overturned the acquittal order passed by the trial court and sentenced Prathap...

[S.498A IPC] Woman Alleged Of Having Illicit Relationship With Complainant's Husband Can't Be Charged With Cruelty, Adultery No Longer An Offense: Karnataka HC

The Karnataka High Court has quashed a case of cruelty under Section 498A IPC against a woman (accused no 9) who was alleged to be in an illicit relationship with the husband of the complainant.A single judge bench of Justice K Natarajan while allowing the plea filed by the woman held: “The allegation against accused No.9 is nothing but adultery. The allegation also reveals that she was...