Karnataka High Court
Karnataka High Court Orders Arrest Of Merchant Ship MT Windsor On Patanjali's Plea Alleging Short-Supply By Its Sister Vessel
The Karnataka High Court has directed the arrest of vessel MT Windsor, which is at New Mangalore Port Trust within Indian territorial waters.A single judge bench of Justice S G Pandit passed the order on an application filed by M/s Patanjali Foods Limited. It said,“The claim of the petitioner would amount to a maritime claim. To secure recovery of loss suffered, the petitioner would be...
"Conscious Decision", Will Concentrate On Career: Karnataka High Court Waives 1-Yr Cooling Off Period For Mutual Divorce Under Special Marriage Act
The Karnataka High Court has allowed a petition filed by an estranged couple and waived off the statutory cooling period of one year before deciding on the petition for divorce by mutual consent, under the Special Marriage Act. A division bench of Justice G Narendar and Justice Vijaykumar A Patil allowed the petition filed by the couple and set aside the order of the family court which...
'A Hexagenerian Can't Be Left Tongue-Tied': Karnataka HC Allows Retd Employee To Engage Lawyer To Defend Him In Dept Enquiry Despite Prohibitory Rule
The Karnataka High Court recently set aside an order passed by the Inquiry Authority of United India Insurance Company declining to accede to the request of a former employee for engaging the services of a legal practitioner to defend him in the departmental enquiry.Justice M Nagaprasanna sitting at Dharwad bench held that the circumstances of the petitioner, particularly his age and...
Karnataka High Court Monthly Digest: August 2023
Citations: 2023 LiveLaw (Kar) 291 To 2023 LiveLaw (Kar) 336 Nominal Index: Emmanuel Michael And Union of India. 2023 LiveLaw (Kar) 291Lok Shikshan Trust & Others And Davalsab S/O Malliksab Nadaf. 2023 LiveLaw (Kar) 292Nabisab s/o. Huchchesab Agnnamani AND Hatelsab s/o Huchchedab Sannamani. 2023 LiveLaw (Kar) 293Vittal And The PSI of Bableshwar Police Station. 2023 LiveLaw (Kar) 294A...
No Further Recovery Of Demand Can Be Made When A Fresh Assessment Is Barred: Karnataka High Court Directs Rs.87 Crore Refund To United Spirits
The Karnataka High Court has held that no further demand can be made for recovery of the balance amount since a fresh assessment is barred. In other words, the tax paid by the assessee must be accepted as it is, and in the event of the tax paid being in excess of the tax liability duly computed on the basis of the return furnished and the rates applicable, the excess shall be refunded to...
Karnataka HC Permits NLSIU To Seek Quick Disposal Of Transgender Aspirant's Plea For Reservation, Provisional Admission To Continue
The Karnataka High Court on Monday disposed of an appeal filed by the National Law School of India University (NLSIU) challenging a single bench order directing it to grant provisional admission to a transgender person in the 3-year LLB course for the academic year 2023-24, if found eligible.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said,“As the...
Unexplained Delay In Filing Complaint Alleging Grave Offences U/S 354A IPC Fatal To Prosecution: Karnataka High Court
The Karnataka High Court has quashed a prosecution initiated by a woman alleging offences under Section 354A of IPC (sexual harassment) for having filed the complaint three years after the alleged incident took place. Justice M Nagaprasanna sitting at Dharwad allowed the petition and quashed the prosecution under sections 354A, 354B & 504 of the Indian Penal Code observing that the delay...
Preventive Detention Can Be Quashed If Authority Fails To Provide Documents Relied Upon In Language Known To Detenu: Karnataka High Court
The Karnataka High Court has quashed a detention order passed under the Karnataka Prevention of Dangerous Activities Act 1985 (Goonda Act) on the ground that authorities failed to provide to detenu, the documents relied on by them, in a language known to the detenue.A Division bench of Justice Mohammad Nawaz and Justice Rajesh Rai K sitting at Kalaburagi thus ordered immediate release of...
Karnataka High Court Weekly Round-Up: August 27 To September 3, 2023
Nominal Index [Citations 327 - 339]: Saibanna s/o Ningappa Natikar AND The Union of India & Others. 2023 LiveLaw (Kar) 327The Union of India v. Malini & Others. 2023 LiveLaw (Kar) 328Muzammil & ANR v. State of Karnataka & ANR. 2023 LiveLaw (Kar) 329Dr Lakhsmi P Gowda AND National Board of Examinations In Medical Sciences & Others. 2023 LiveLaw (Kar) 330Hampamma &...
Can't Let Convict's "Societal Roots" Dry Up During Imprisonment: Karnataka High Court Releases Man On Furlough To Attend Daughter's Nikah
Observing that “ordinarily every Muslim Marriage involves certain rituals that are done with the participation of the parents,” the Karnataka High Court granted furlogh leave to a convict Abdul Rehman, to attend his daughters nikah which was scheduled yesterday. Bench of Justice Krishna S Dixit remarked that although sporadically, a convict has to keep in contact with the civil society...
Karnataka High Court To Hear Plea Challenging CM Siddaramiah's Election On September 13
The Karnataka High Court on Friday posted for further hearing the petition challenging election of Chief Minister Siddaramiah from Varuna Assembly constituency over alleged electoral malpractices in the 2023 assembly elections, to September 13.A single bench of Justice S Sunil Dutt Yadav noted in its order that “summons have been served on August 14, 2023 and 30 days period is granted from...