Karnataka High Court
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...
Karnataka High Court Weekly Round-Up: October 8 To October 15, 2023
Nominal Index [Citations 385 - 393]:M/s Chancery Pavilion And M/s Indian Performing Rights Society Ltd & Others.2023 LiveLaw (Kar) 385Sharada Hanamanth Walagad & ANR AND NIL. 2023 LiveLaw (Kar) 386Shreeroopa v. State of Karnataka & Others. 2023 LiveLaw (Kar) 387Pramod Hanumanth Rao Muthalik & Anr v State of Karnataka & Ors. 2023 LiveLaw (Kar) 388Vivek Hebbale And...
Karnataka High Court Weekly Round-Up: October 2 To October 8, 2023
Nominal Index: Bhimappa Gundappa Gadad And State of Karnataka. 2023 LiveLaw (Kar) 375ABC & State of Karnataka & Others. 2023 LiveLaw (Kar) 376K Y Nanjegowda & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 377High Court of Karnataka And Dr Ekta Singh. 2023 LiveLaw (Kar) 378Shivamma & Others AND Govind Malothu & ANR. 2023 LiveLaw (Kar) 379Rajesh Totaganti And...
POCSO Act Prevails Over SC-ST Act, Bail Plea U/S 439 CrPC Maintainable If Accused Charged Under Both: Karnataka High Court
The Karnataka High Court has held that where the offences punishable under the provisions of two special enactments viz, the Scheduled Castes and Tribes (Prevention of Atrocities) Act and POCSO Act are invoked, the POCSO Act, being a later enactment, should prevail over the Atrocities Act.Justice S Vishwajith Shetty clarified that a petition under Section 439 of the CrPC before the High Court...
Recruitment Process Matters To Be Filed In Administrative Tribunals First, HCs Only Authorised To Review U/Art 226, 227: Karnataka High Court
The Karnataka High Court has held that in matters related to the recruitment process, administrative tribunals are the courts of first instance, and High Courts have the role of judicial review under Article 226/227 of the Indian Constitution.A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal added that the Administrative Tribunals Act has been promulgated...