Karnataka High Court
Karnataka High Court Seeks State's Response On Authority To Prescribe Duration, Raga For Singing State Anthem
The Karnataka High Court on Thursday asked the State government under which authority it is empowered to prescribe that citizens should sing the State Anthem—Jayabharatha Jananiya Thanujathe in a tune composed by Mysore Ananthaswamy and for a particular duration.The State government has by its order dated September 25, 2022 directed that the State Anthem should be sung for two and half...
"Fading Away Of Intimacy" After 6 Yrs Of Consensual Sex Not Rape: Karnataka High Court
“Fading away of the intimacy after six years of consensual acts of sexual intercourse cannot mean that it would become ingredients of Section 375 [Rape] of the IPC,” the Karnataka High Court observed recently.A single judge bench of Justice M Nagaprasanna thus quashed a rape case registered by a woman against her live-in partner whom she had befriended on Facebook. It added,“They...
Objection To Civil Suit In View Of Arbitration Clause To Be Raised Before Court Of First Instance: Karnataka High Court
The Karnataka High Court has set aside a trial court order dismissing a suit filed by Nova Medical Centers Pvt Ltd. on the premise that the dispute is arbitrable. Court noted that the defendant had failed to raise objection as to jurisdiction of Civil Court. A single judge bench of Justice Anant Ramanath Hegde observed,“It is a well-settled principle of law that the objection to entertain...
Karnataka High Court Refuses To Quash Abetment Of Suicide Case Against Three For Allegedly Teasing Colleague Over Sexual Orientation
The Karnataka High Court recently refused to quash criminal proceedings initiated against three employees of Lifestyle International Private Limited, accused of teasing their colleague on his sexual orientation, which is alleged to have caused him to commit suicide. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Malathy S B, Deputy General Manager in...
Haj | Chairman's Tenure Cannot Be Extended Beyond Tenure Of Committee: Karnataka High Court
The Karnataka High Court has dismissed a petition filed by the Chairman and Members of the State Haj Committee to extend the tenure of the Chairman and the Committee, beyond three years from the date of election, as the appointment of the Chairman was notified at a belated stage, post directions from the High Court. A single judge bench of Justice Krishna S Dixit dismissed the petition filed...
Dark Web | Karnataka High Court Refuses To Quash 'Light Combat Aircraft' Data Theft Case Against 27-Yr-Old Aerospace Engineer
The Karnataka High Court has refused to quash criminal proceedings initiated against 27-year-old, who is accused of leaking the data of the Light Combat Aircraft developed under the Tejas programme by Aeronautical Development Agency, on the dark web for enriching himself. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Siva Rama Krishna Chennuboina seeking to...
No Special Treatment For Lawyers And Judges In Loan Recovery: Karnataka HC Dismisses Senior Advocate's Plea Against 'Coerced Proceedings'
The Karnataka High Court recently dismissed a petition filed by Senior Advocate N Ravindranath Kamath, challenging the 'coercive' loan recovery proceedings instituted against him under the SARFAESI Act by the Sri Subramanyeshwara Cooperative Bank Limited for being a chronic loan defaulter. Justice Krishna S Dixit said, “A borrower is a borrower, whether he is a practising lawyer or a...
Karnataka High Court Urges Collaborative Action Plan To Address Illegal Constructions In Bengaluru
The Karnataka High Court on Monday directed all the stakeholders to come together and prepare a composite action plan to address the issue of demolition and removal of illegal structures and for taking preventive measures against such illegal constructions in Bengaluru City. A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal emphasised that a unified approach is vital...
Court Halls Expansion: Karnataka High Court Asks State To Submit At least Three Proposals To Chief Minister
The Karnataka High Court on Monday directed the State government to submit a minimum of three proposals to the Chief Minister for consideration regarding the provision of more space for the expansion of the High Court.A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal, upon going through the compliance affidavit filed by the State, observed that merely submitting...
S.120 Evidence Act | Wife Competent To Depose On Behalf Of Plaintiff Even In Absence Of Power Of Attorney: Karnataka High Court
The Karnataka High Court has said the wife of a plaintiff, even in the absence of power of attorney issued to her, is competent enough to depose on behalf of the original plaintiff in a civil suit. A single judge bench of Justice V Srishananda, sitting at Dharwad, recently dismissed an appeal filed by Shashikala and others challenging an order passed by the First appellate court which...
Karnataka High Court Weekly Round-Up: August 6 To August 13
Nominal Index: Rasik Lal Patel & ANR AND State of Karnataka & ANR. 2023 LiveLaw (Kar) 297M/s Legal Property & ANR And Chief Manager, State Bank of India & ANR. 2023 LiveLaw (Kar) 298ABC And XYZ. 2023 LiveLaw (Kar) 299The Divisional Manager United India Insurance Company Ltd And Ramu @ Ramesh S/O Yallappa & Others. 2023 LiveLaw (Kar) 300Nanjamma & Others AND Rajamma...
Electricity Act | Minimum Sentence Under S.135 Can't Be Less Than Three Times The Financial Gain: Karnataka High Court
The Karnataka High Court has enhanced the fine imposed on a convict from Rs. 5,000/- to Rs. 1,08,189/- for theft of electricity, while observing that the minimum sentence under Section 135 of the Electricity Act, 2003 for the first conviction cannot be less than three times the financial gain.The Bench comprising Justice Shivashankar Amarannavar thus allowed an appeal preferred by the...