Karnataka High Court Refers To Larger Bench Plea Against Withdrawal Of Consent For CBI Probe Into DK Shivakumar Disproportionate Assets Case

The Karnataka High Court today referred to a larger bench the petitions challenging State government's decision to withdraw consent for CBI probe into corruption allegations against Congress leader and Karnataka's Deputy Chief Minister DK Shivakumar.Justice Krishna S. Dixit said the case is a first of its kind in the State and the enormity of legal issues involved require consideration by...

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court

The Karnataka High Court has held that legal heirs of a daughter are entitled to equal share in the family properties, even if the daughters had passed away before the amendment to the Hindu Succession Act, came into force in 2005. A single judge bench of Justice Sachin Shankar Magadum, dismissed the plea filed by Channabasappa Hosmani, questioning the order passed by the trial court wherein...

Scrutiny Notices Issued By NaFAC Addl. CIT Instead Of AO Under Central Charge Is Valid: Karnataka High Court

The Karnataka High Court upheld the validity of scrutiny notices issued by the National Faceless Assessment Centre (NaFAC) Addl. CIT instead of the Jurisdictional Assessing Officer (JAO) under central charge.The bench of Justice B. M. Shyam Prasad has observed that if the right to call in question the jurisdiction is left open to be raised at any stage, the proceedings will remain...

Woman Brings US-Born Daughter To India In Violation Of Foreign Court Order: Karnataka HC Refuses To Interfere, Says Child's Welfare Paramount

The Karnataka High Court has dismissed the habeas corpus petition filed by a father residing in the USA, seeking a direction upon his wife to hand over their 4 year-old daughter's custody to him.The man claimed that his wife had brought the child to India in violation of the US-Court's orders. A division bench of Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda however dismissed...

Damaged Car Owner Can Claim Amount From Offending Vehicle's Insurer If Damage Amount Not Fully Reimbursed By His Own Insurer: Karnataka HC

The Karnataka High Court has held that in a motor accident if the total amount for repairs is not reimbursed by the insurer of the damaged vehicle, the claimant will have every right to approach the Motor Accident Claims Tribunal to seek an order for payment of the balance amount from the insurer of the offending vehicle.A single judge bench of Justice Dr Chillakur Sumalatha partly allowed...

Karnataka High Court Annual Digest 2023 - Part II [Citations 251 - 504]

Citations: 2023 LiveLaw (Kar) 251 To 2023 LiveLaw (Kar) 504Nominal IndexSridhar Kulkarni A And Union of India & ANR. 2023 LiveLaw (Kar) 251XYZ & ANR And Gurumanjunatha A S & Others. 2023 LiveLaw (Kar) 252K Srinivas Ganiga And Union of India & Others. 2023 LiveLaw (Kar) 253PRADNYA W/O. ABHIJIT WAINGANKAR And ABHIJIT S/O. MANOHAR WAINGANKAR. 2023 LiveLaw (Kar) 254Thimmaraju...

Karnataka Town Planning Act | Land Reservation For Public Use Lapses If Not Acquired Within 5 Yrs: High Court

The Karnataka High Court has declared that land reserved for public use such as parks, cemeteries, etc., in terms of Section 12(1)(c) of the Karnataka Town and Country Planning (KTCP) Act, loses such reservation if not acquired within five years.A single judge bench of Justice Suraj Govindaraj held that when such designation lapses, if the land owner wants to make use of the land for a...

Karnataka High Court Takes Suo Moto Cognizance Of Continued Manual Scavenging Despite Ban, Flags Issue Of Caste Discrimination

The Karnataka High Court on Wednesday took suo-motu cognizance of continued practice of manual scavenging in the State, despite a legal ban.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit also flagged the issue of caste discrimination imbedded in the practice.“More than 60 years now, a person who is our brother in society, merely because…either his...

Karnataka High Court Annual Digest 2023 - Part I [Citations 1 - 250]

Citations: 2023 LiveLaw (Kar) 01 To 2023 LiveLaw (Kar) 250Nominal IndexPriyanaka R Patil v. Kendriya Sainik Board. 2023 LiveLaw (Kar) 1Ankit Kumar & others v. State of Karnataka & Others. 2023 LiveLaw (Kar) 2M/S. Provident Housing Limited v. Karnataka Real Estate Regulatory Authority & ANR. 2023 LiveLaw (Kar) 3Latha Choodiah v. Sree Balaji H. 2023 LiveLaw (Kar) 4P Sunil Kumar...

Drawer's Consent Not Required For Alterations To Body Of Blank Signed Cheque But Shouldn't Exceed Amount Covered By It: Karnataka High Court

The Karnataka High Court has held that when the drawer of the cheque signs and issues a blank cheque to the complainant, if any alteration appears on the body of the cheque, such alterations need not require the consent of the drawer of the cheque.A single judge bench of Justice S Rachaiah made the observation while allowing the appeal filed by a school teacher H B Bhagyalakshmi and setting...

Karnataka High Court Monthly Digest: December 2023

Citations: 2023 LiveLaw (Kar) 457 To 2023 LiveLaw (Kar) 504Nominal Index:Karnataka State Highways Improvement Project AND M/s. KMC - VDB (JV). 2023 LiveLaw (Kar) 457Sanju v. The State of Karnataka. 2023 LiveLaw (Kar) 458C G Jagdish AND State of Karnataka. 2023 LiveLaw (Kar) 459Santhosh Beejadi Srinivas AND Union of India & Another. 2023 LiveLaw (Kar) 460Srishti Daiv & ANR AND NIL....

CA Firm Paid Service Tax With Accrued Interest Before Show Cause Notice: Karnataka High Court Reduces Penalty From 100% To 25%

The Karnataka High Court has held that the service tax has been paid with accrued interest even before the show cause notice has reached the review petitioner.The bench of Justice P.S. Dinesh Kumar and Justice V. Srishananda has observed that the show cause notice itself shows that there was a payment of service tax along with interest by the review petitioner. The court has reduced the...