Karnataka High Court
Mere Allegations Of Harassment For Demand Of Loan Repayment Not Abetment Of Suicide U/S 306 IPC Without Mens Rea: Karnataka High Court
The Karnataka High Court has held that insisting the deceased to repay the loan borrowed by him does not amount to abetment to commit suicide under Section 306 IPC. Justice Shivashankar Amarannavar added that mere harassment or demands for loan repayment, without the intention to drive the person to suicide, do not constitute abetment.“There is no evidence to show that the appellant/accused...
Bengaluru Court Orders Suspension Of X Account Of 'The Liver Doctor' In Defamation Suit Filed By Himalaya Wellness Corporation
A Bengaluru Civil Court has passed an ex-parte interim injunction order to X (formerly known as Twitter) to suspend the account of Dr Cyriac Abby Philips who operates the widely popular X handle '@theliverdr'. The order was passed in a suit filed by Himalaya Wellness Corporation which alleged that he made defamatory allegations against the company products.The case of the Himalaya...
State Not 'Victim' In Criminal Trials, Cannot Invoke S.372 CrPC To Challenge Acquittal; May Proceed U/S 378 CrPC: Karnataka High Court
The Karnataka High Court has held that the State Government cannot be construed as a 'victim' under Section 372 CrPC and an appeal filed by it against an acquittal order is not maintainable under the said provision. A single judge bench of Justice S Rachaiah pointed that the legislature has provided a separate provision for the State, Section 378 CPC, to prefer appeal against acquittal....
Perjury | Not Every False Statement Made In Court Can Be Subject Matter Of Prosecution, Prima Facie Deliberate Intention Must: Karnataka High Court
The Karnataka High Court has said that before directing initiation of perjury proceedings against a party for making false statements before the court, it must form an opinion on being satisfied that the person charged has intentionally given false evidence/statements and such formation of opinion must be on consideration of materials duly placed before it.A single judge bench of...
Can't Say He Was Involved Merely Because He Was ADGP: Karnataka High Court Grants Bail To IPS Officer In Police Recruitment Scam Case
The Karnataka High Court has granted bail to IPS Officer Amirt Paul who was arrested in connection to an alleged scam in recruiting police sub-inspectors for the State Police. A single judge bench of Justice Mohammad Nawaz granted bail to Paul who has been in custody since his arrest on 04.07.2022. The bench granted bail to the accused on the execution of a personal bond of Rs 5,00,000, with...
Judgment Debtor Must Pay Interest Till Compensation Is Paid Even If Amount Deposited In Court During Appeal: Karnataka High Court
The Karnataka High Court recently held that when a judgment or award is passed in favour of a party, such party would be entitled to the principal amount and interest thereon till the date of receipt of the amounts. Justice Suraj Govindaraj added that merely because the judgment debtor was to deposit the amounts in a court of law while filing an appeal against the trial court order,...
Cannot Interfere With Govt's Elevated Corridor Project In Hubli Merely Because Some Petitioners Claim To Be Experts: Karnataka High Court
The Karnataka High Court has dismissed a public interest litigation questioning the construction of an Elevated Corridor for Decongestion of traffic at Rani Chennamma Circle in Hubli City. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said, “Merely because some of the petitioners too have expertise in the matter arguably, they cannot arrogate to themselves...
Continuing In Service After Probation Period Doesn't Imply Automatic Confirmation Unless Expressly Provided Or In Exceptional Case: Karnataka HC
The Karnataka High Court has held that a person appointed on probation becomes a permanent employee only after the issue of an express order of confirmation.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the appeal filed by a woman who was not confirmed to the post of stenographer in the Court of Civil Judge, Virajpet on completion of the...
Bengaluru Bandh: High Court Says State Taking Steps To Prevent Untoward Incidents, No Directions Required
The Karnataka High Court has disposed off an application seeking directions to the State government to take preventive measures so as to avoid untoward incidents during the Bengaluru Bandh called on Tuesday, in response to allocation of Cauvery river water to Tamil Nadu. A division bench of Justice G Narendar and Justice VijayKumar A Patil took note of the affidavit filed by the...
Karnataka High Court Directs Health Dept To Release Gratuity Withheld Since 16 Yrs, Says It's No 'Bounty' Dependant On Employer's Sweet Will
Observing that “gratuity is not a bounty that can be withheld at the sweet will or whim of the employer,” the Karnataka High Court recently directed State's Health Secretary to disburse the gratuity amount of a former employee which has been pending for the last 16 years, within 30 days.A single bench of Justice M Nagaprasanna allowed the petition filed by 74-year-old retired employee...
Karnataka High Court Refuses To Issue Direction For Registration Of Post Graduate In Alternative Medicines Citing Absence Of Regulatory Body
The Karnataka High Court has dismissed an appeal challenging a single bench order rejecting the petition filed by one Dr Mohan Bhatta M R, who holds a PG Degree from Indian Board of Alternative Medicines, seeking registration certificate to practise under the Karnataka Private Medical Establishments Act 2007. While doing so, a division bench of Chief Justice Prasanna B Varale and Justice...
Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023
Nominal Index [Citations 358 - 365]: Veerbhadra Gowda & ANR AND State of Karnataka & Others. 2023 LiveLaw (Kar) 358Mohan Vasudev Chavan And State of Karnataka & Others. 2023 LiveLaw (Kar) 359Vivekananda Kemali And State of Karnataka & ANR. 2023 LiveLaw (Kar) 360Chinnaswamy Gowda And Shivramu C M Shivaramu & Others. 2023 LiveLaw (Kar) 361D Roopa And Rohini Sindhuri....