'Was In Judicial Custody When Notice Issued': High Court Sets Aside Ex-Parte Suspension Of Advocate By Karnataka State Bar Council

The Karnataka High Court has set aside an order passed by the Karnataka State Bar Council suspending an advocate from practice.A single judge bench of Justice M.Nagaprasanna allowed the plea filed by Chikkanna and set aside the notification dated 10.07.2023. It said “As the practice of the petitioner is suspended without affording an opportunity of hearing to the petitioner and is in...

Govts May Come And Go But Writ Of Constitutional Courts Would Run Forever: Karnataka HC Quashes GO Re-Constituting Gokarna Temple Committee

The Karnataka High Court has quashed a Government order de-notifying the nominations of four persons who were members of the Overseeing Committee for the Gokarna Mahabaleshwar Temple, as approved by the Supreme Court.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Shree Ramachandrapura Math and its members, and set aside the order dated August 12, 2023 whereby...

Inter-Country Relative Adoption | Country Of Adoptive Child's Father Must Communicate To CARA For Issuance Of NOC: Karnataka High Court

The Karnataka High Court has directed a couple seeking intercountry relative adoption to petition the receiving country i.e Germany, where the father of the adopted child resides for communication to the Central Adoption Resource Authority (CARA) for issuance of a No Objection Certificate and Conformity Certificate to take the child out of India. A single judge bench of Justice M...

Proposed Purchaser Of Joint Family Property Cannot Be Impleaded As Party Respondent In Suit For Partition: Karnataka High Court

The Karnataka High Court has made it clear that a proposed purchaser of a joint family property cannot be impleaded as a party respondent in a suit for partition and separate possession between family members.A single judge bench of Justice M G Uma set aside the trial court order allowing one Murugan to be impleaded in the suit between family members. It said,“I am of the opinion that...

[S. 407 CrPC] Only Cases & Appeals Can Be Transferred From One Court To Another, FIRs Cannot Be Transferred: Karnataka High Court

The Karnataka High Court has reiterated that First Information Reports (FIR) filed in different police stations cannot be transferred by invoking powers under Section 407 of the Criminal Procedure Code (CrPC) and that only cases and appeals can be transferred under such provision.A single-judge bench of Justice Shivashankar Amarannavar dismissed a plea filed by M/s Achievers Agri India (P)...

PDS Depots Not Profit Oriented, Unscrupulous License Holders Must Be Weeded Out: Karnataka High Court

The Karnataka High Court has dismissed an appeal filed by a Fair Price Depot owner challenging the order cancelling his authorisation and forfeiting the security deposit made by him after he was found guilty of malpractice in distributing food grains.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit, dismissed the appeal filed by K L Shivanna and said,...

Karnataka HC Quashes Order Directing Freezing Of Startup Company's Bank Account After Director Was Accused Under NDPS Act

The Karnataka High Court set aside an order freezing the bank accounts of a startup company after one of the directors was booked for offences punishable under the Narcotics Drugs and Psychotropic Substances Act (NDPS).A single-judge bench of Justice M Nagaprasanna allowed the petition filed by M/s. Ownpath Learning Private Limited and said “Freezing the bank accounts of the Petitioner...

Specific Relief Act | Adequacy Of Bank Balance Not Absolute Prerequisite To Prove Readiness &Willingness To Meet Contractual Obligations: Karnataka HC

The Karnataka High Court has held that though it is relevant to consider the bank balance of a party while considering the issue of his readiness and willingness to execute a sale agreement, it is not an absolute prerequisite to establish the same.A Single judge bench of Justice Sachin Shankar Magadum said, "A plaintiff's financial constraints, per se, should not be wielded as a...

Principle Of Pay And Recover To Be Applied In Cases Where Driver's License Not Proved: Karnataka High Court

The Karnataka High Court has held that in cases where it is not proved that deceased driver of a vehicle involved in a road accident possessed valid driving licence, the Claims Tribunal will have to apply principles of 'pay and recover' by directing the insurance company to deposit the compensation amount and recover it later from the owner of the vehicle.A single judge bench of Justice...

Rule Of Locus Standi Liberally Construed Where State Largesse Granted Illegally: Karnataka High Court

The Karnataka High Court has said that in matters concerning illegal grant of State largess, the rule of locus standi is to be liberally construed and that would serve the public interest. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed an appeal filed by Adichunchanagiri Maha Samstana Mutt challenging a single bench order wherein the court allowed...

Centre Has Absolute Power To Expel Foreigners Who Overstay: Karnataka HC Dismisses Plea By Alleged Bangladeshi Spy Challenging 'Exit Permit'

The Karnataka High Court has said that the power of Government of India to expel nationals of other countries who overstay in the nation without any document is absolute and unfettered.A single judge bench of Justice M Nagaprasanna dismissed a petition filed by a Bangladeshi national Raktima Khanum who had questioned the issuance of exit permit to her by the Foreigners Regional...

Karnataka High Court Weekly Round-Up: January 15 To January 22, 2024

Citations: 2024 LiveLaw (Kar) 21 To 2024 LiveLaw (Kar) 34Nominal Index:Attikaribettu Grama Panchayath AND Ganesha & Others. 2024 LiveLaw (Kar) 21Sharadha L Dodmani AND State of Karnataka & Others. 2024 LiveLaw (Kar) 22Shrishail AND State of Karnataka. 2024 LiveLaw (Kar) 23M/s Thakur Industries AND State of Karnataka & Others. 2024 LiveLaw (Kar) 24Koshy Varghese AND Union of...