Parking Motor Vehicle On Road Without Proper Precautions Prohibited: Karnataka High Court Rejects Plea Of Contributory Negligence

The Karnataka High Court has said that no contributory negligence can be attributed to the deceased driver, who meets with an accident with a vehicle negligently parked on a National Highway. The Insurance company Future Gen India INS Co Ltd, had approached the court challenging the order of the tribunal dated 12-11-2019, directing it to pay compensation of Rs 8,74,000 to the claimants...

Pendency Of Criminal Case At Time Of Making Application Valid Ground For Refusing Post In Police Dept: Karnataka High Court

The Karnataka High Court has dismissed the petition filed by one Narayan Jamadar, whose application for a position in the police department was rejected as a criminal case was pending against him at the time of filing the application.A Division bench of Justice Mohammad Nawaz and Justicr Rajesh Rai K said, “Even though the petitioner has been acquitted of the said offences, as on the date...

Karnataka High Court 'Obliterates' PMLA Proceedings Against Developer For Delay In Delivering Flat To Homebuyer

The Karnataka High Court has quashed a criminal case for cheating registered by a home buyer against a Developer for delay in delivery of his flat. It added that ED proceedings under Prevention of Money Laundering Act will also stand obliterated.A single judge bench of Justice M Nagaprasanna said,“Criminal law cannot be set into motion on the said delay in delivery of flats, as those...

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime

The Karnataka High Court recently while quashing the criminal proceedings initiated against a school headmaster under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, by a school teacher, observed, “Haystack of frivolous cases have mushroomed to a large extent that searching a genuine case in the haystack has become like searching for a needle in a haystack, as most...

Centre Can't Act As Silent Spectator: Karnataka HC Grants 2 Weeks To Appoint Presiding Officer To Industrial Tribunal Cum Labour Court

The Karnataka High Court on Wednesday granted two weeks time to the Centre to decide on the appointment of a Presiding Officer to the Central Government Industrial Tribunal cum Labour Court, Bengaluru, which has been lying vacant since 27.01.2021. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit acceded to the request made by the government counsel for...

Order 21 Rule 97 Application Can Be Dismissed If Obstructor Fails To Meet Prima Facie Right To Show Resistance: Karnataka High Court

The Karnataka High Court has held that an application made before the executing court under Order 21 Rule 97 of CPC, can be dismissed in limine if the obstructor fails to satisfy the court his prima facie right to show resistance to the execution.A division bench of Justice Sreenivas Harish Kumar and Justice Ramachandra D Huddar found that the executing court was correct in dismissing...

Karnataka High Court Asks BBMP To Upload Daily Orders, Causelists, Judgments Of Proceedings Before Quasi-Judicial Authorities

The Karnataka High Court has directed the Bruhat Bengaluru Mahangara Palike (BBMP) to web host all cause lists, daily orders and judgments of proceedings before the quasi-judicial authorities of the corporation to ensure transparency and accessibility.Justice Suraj Govindaraj also emphasized that when a matter is adjourned, the next date should be fixed or a notice should be issued to all...

Karnataka High Court Weekly Round-Up: October 16 To October 22, 2023

Nominal Index: M/s Divyajyothi Vidya Kendra And Karnataka Housing Board & Others. 2023 LiveLaw (Kar) 394Rajiv & Others And State Bank of India. 2023 LiveLaw (Kar) 395Jayashree And State of Karnataka & Others. 2023 LiveLaw (Kar) 396Rajasingh Takur @ T Raja Singh & Others And State of Karnataka. 2023 LiveLaw (Kar) 397Sudarshan Ramesh AND Union of India & Others. 2023...

[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...