[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband.A division bench of Justice S R Krishna Kumar and Justice G Basavaraja allowed the appeal filed by the husband and set aside the order of the trial court rejecting...

Karnataka High Court Directs BBMP To Digitize Old Property Records

The Karnataka High Court has directed the Chief Commissioner of Bruhat Bengaluru Mahanagara Palike (BBMP), to initiate digitization of all the old property records, so that the same is available electronically/digitally tagged.A single judge bench of Justice Suraj Govindaraj had directed the Chief Commissioner of BBMP to co-ordinate with the Principal Secretary, e-Governance Department...

Karnataka High Court Refuses To Quash CBI Proceedings Against Doctor Accused Of Malpractice In 2006 PG Entrance Test

The Karnataka High Court has refused to quash criminal proceedings initiated by the CBI against a doctor facing allegations of malpractice in the entrance test conducted by the Rajiv Gandhi University of Health Sciences (RGUHS) for admission to a postgraduate medical course in 2006.Justice M Nagaprasanna found that the petitioner's discharge was not warranted based on some witness statements...

Karnataka High Court Dismisses Deputy CM DK Shivakumar's Plea To Quash CBI's Disproportionate Assets Case Against Him, Vacates Stay On Probe

The Karnataka High Court today dismissed Deputy Chief Minister DK Shivakumar's plea to quash CBI's disproportionate assets case against him under provisions of the Prevention of Corruption Act.Single bench of Justice K Natarajan also vacated interim stay on CBI probe and ordered the central agency to complete its investigation and file the final report within 3 months.The Income Tax...

Hindu Succession Act | Mother Can Claim Share In Deceased Son's Ancestral Property Despite Her Husband's Claim: Karnataka High Court

The Karnataka High Court has held that a mother of a pre-deceased son becomes a Class-I heir in the son’s share in the ancestral and joint family properties, even if her husband is alive and can claim a share in the property under the Hindu Succession Act.Justice H P Sandesh allowed the appeal filed by TN Susheelamma who expired during the pendency of the proceedings and reversed the...

Karnataka High Court Quashes Criminal Proceedings Under Wildlife Protection Act Against State Horticulture Minister SS Mallikarjun

The Karnataka High Court has quashed the criminal proceedings pending under several provisions of the Wildlife (Protections) Act and the IPC against State's Horticulture minister S.S. Mallikarjun, his brother S S Ganesh and two others.Justice M Nagaprasanna allowed their plea observing that there were glaring irregularities in the procedure adopted in the case.“Finding no procedure or...

Karnataka HC Quashes LOC Against Brother Of Bitcoin Scam Accused, Says ED Can't Repeatedly Summon A Person U/S 50 PMLA On Mere Suspicion

The Karnataka High Court has held that summoning of a person repeatedly under Section 50 of the Prevention of Money Laundering Act, without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness. A single judge bench of Justice Hemant Chandangoudar said,“Section 50 is a crucial provision and states that...

Sanction U/S 196 CrPC Not Obtained: Karnataka High Court Quashes Hatred Case Against Telangana Legislator Raja Singh

The Karnataka High Court has held that without the necessary sanction under Section 196 of the CrPC, the proceedings under Section 153A of the IPC could not continue, thereby clarifying that the absence of sanction was a fundamental defect in the prosecution.Justice M Nagaprasanna thus quashed the proceedings initiated against Telangana legislator Raja Singh Thakur and other accused for...

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court

The Karnataka High Court has held that promotion to a government employee cannot be denied on the ground that a criminal case was pending against him wherein the chargesheet is not filed, or in cases where Articles of Charge are not issued, on the date of Departmental Promotion Committee (DPC) Meeting.A division bench of Justice S.R. Krishna Kumar and Justice G Basavaraja allowed the...

S.138 NI Act | Company's Liability To Repay Cheque Amount Not Affected By Changes In Officeholders: Karnataka High Court

The Karnataka High Court has held in a cheque dishonour case that the legal obligation to repay the amount associated with the cheques is not altered by changes in officeholders, and the burden of proof rests with the company or its officers to rebut the presumption of liability.Justice M Nagaprasanna added that the chairman of a company or other officers who sign cheques remain liable...

Karnataka Stamp Act | Stamp Duty Not Attracted On Arbitral Awards For Damages If Unrelated To Movable/Immovable Property: High Court

The Karnataka High Court has held that an arbitral award which does not deal with either movable property or immovable property, but awards damages payable to the award holder, does not attract stamp duty under the Karnataka Stamp Act, 1957. Justice R Nataraj thus dismissed a petition challenging an order of the trial court rejecting its application seeking to impound the award of the...

'Right To Education Brutalised': Karnataka HC Upholds Land Allotment Cancellation Over Society's Failure To Construct School For Two Decades

The Karnataka High Court has observed that where public property is allotted for a specified purpose and if that purpose remains unaccomplished in the prescribed time, the retention of such allotment by the allottee, militates against public interest.A Division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the appeal filed by M/s Divyajyothi Vidya...