Karnataka High Court
Copyright Holder's Suit Against Infringement Bars Alleged Infringer From Filing Suit U/S 60 Copyright Act: Karnataka High Court
The Karnataka High Court has said that a suit filed under Section 60 of the Copyright is not maintainable if a suit seeking action is filed by the copyright holder for infringement against the alleged offender. Justice V Srishananda clarified that the proviso to Section 60 of the Copyright Act was meant to prevent an alleged infringer from filing a suit when the owner of the copyright...
S.439(1A) CrPC | Denial Of Victim's Right To Be Heard Valid Ground To Cancel Bail: Karnataka High Court Issues Directions
In a landmark ruling, the Karnataka High Court has issued a slew of directions to be followed by trial courts and the prosecution to ensure effective compliance with Section 439(1A) of CrPC which mandates victim participation while deciding bail application filed by the accused in sexual assault cases. Justice S Vishwajith Shetty added that the obligation to notify the informant or victim of...
Karnataka High Court Confirms Order Of Reduction In Basic Pay Imposed On "Tipsy" Bus Conductor Who Misbehaved With Passengers
The Karnataka High Court has held that the Industrial Tribunal cannot modify the minor penalty of reduction of basic pay to the minimum, imposed on a tipsy bus conductor found to be misbehaving with passengers.A single judge bench of Justice Jyoti Mulimani allowed the petition filed by Bengaluru Metropolitan Transport Corporation (BMCT), set aside the order of the Tribunal and confirmed the...
Violative Of Child Labour Rules: Karnataka High Court Backs Sahitya Akademi's Job Offer Withdrawal To 15 Yr Old
The Karnataka High Court has upheld the decision of the Sahitya Akademi to withdraw the job offer letter given to a minor aged about 15 years and 6 months at the time of his appointment.Justice E S Indiresh ruled that such an age would violate the provisions of Rule 2B of the Child Labour (Prohibition and Regulations) Amendment Rules, 2017.“The prohibition under the provisions of Rule 2B of...
'A Bundle Of Assumptions': Karnataka High Court Dismisses PIL Alleging Poor Quality Construction Of Parshuram Theme Park In Udupi
The Karnataka High Court on Wednesday dismissed a public interest litigation filed by the President of Sriram Sena, challenging the alleged poor quality of work being undertaken in constructing the Parshuram Theme Park in the Udupi district. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit found that there was a delay in filing the PIL and that it was riddled...
Jamakhandi Residents Can Adopt Major Person, It's A Legally Recognized Custom: Karnataka High Court
The Karnataka High Court has directed the trial court to reconsider the petition filed under Section 8 and 9 of the Hindu Adoption and Maintenance Act, 1956, by a member of the Scheduled Caste community residing at Jamakhandi, seeking to adopt a 19 year old.A single judge bench of Justice Sachin Shankar Magadum said adopting a major child was a legally recognised custom in Jamakhandi governed...
S.17A PC Act Safeguards Public Servants From Frivolous Probe, Approval To Investigate Not Automatic Sanction To Prosecute: Karnataka High Court
The Karnataka High Court has highlighted that Section 17A of the Prevention of Corruption Act provides a protective shield for public servants from investigations related to decisions made in their official capacity. Justice N S Sanjay Gowda clarified that the approval process is designed to balance the interests of the State and its employees.“The integrity of a public servant is required...
Breaking | Karnataka HC Allows The Liver Doctor To Access X Account On Undertaking To Hide Alleged Defamatory Tweets Against Himalaya Corp
The Karnataka High Court today modified a trial court order suspending the account of Dr Cyriac Abby Philips who operates the widely popular X handle '@theliverdr'.Justice SG Pandit paved way for Dr Philips to access his account after he undertook to hide the alleged defamatory tweets against Himalaya Wellness Corporation and its products. Himalaya had contended that Dr. Philips has been...
'Is Education Reserved For Privileged?' : Karnataka High Court Expresses Concern Over Lack Of Toilets, Drinking Water In Govt Schools
The Karnataka High Court on Monday expressed its concern that the state government's negligence in providing basic amenities like drinking water and toilets in government schools was inadvertently fostering the growth of private educational institutions.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit questioned the government's stance in a suo-motu PIL based...
Wife Living In Adultery Not Entitled To Maintenance From Husband Under Domestic Violence Act: Karnataka High Court
The Karnataka High Court has held that a wife cannot claim maintenance from her husband under section 12 of the Domestic Violence Act, when she is in an adulterous relationship with another person. A single judge bench of Justice Rajendra Badamikar rejected the revision petition filed by the wife seeking to set aside the order of the Sessions court which in turn had set aside the order...
Karnataka High Court Disapproves Of Feeding Stray Dogs Near Vidhana Soudha Building, Says It May Lead To Health Hazards
The Karnataka High Court on Thursday frowned upon caregivers of street dogs feeding them next to the gate of Vidhana Soudha.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit while considering a lawyer's plea seeking proper implementation of Animal Birth Control (Dogs) Rules, orally observed,“Some areas which are important areas, including for safety...
Karnataka Govt Introduces Compensation Policy For Unnatural Deaths In Prisons, High Court Disposes PIL
The Karnataka government has informed the High Court that it has introduced a policy aimed at providing compensation to the next of kin or legal heirs of deceased prisoners who have met with unnatural deaths while in prison.The submission was made in a suo motu plea initiated to ensure the implementation of directions issued by the Supreme Court on September 15, 2017, in Re Inhuman Conditions...