Karnataka High Court
Railway Claims Tribunal Cannot Punish Any Person For Non-Payment Of Award Passed By It: Karnataka High Court
The Karnataka High Court has held that the Railway Claims Tribunal has no power to punish any person for disobeying its orders, granting compensation to claimants.A single judge bench of Justice R Nataraj allowed the petition filed by the Union of India and quashed a 2017 order passed by the Tribunal, issuing show cause notice to the General Manager, South Western Railway, as to why action...
After 30 Yrs In Jail, Karnataka HC Commutes Sentence Of 70-Yrs-Old Death Row Convict, Criticizes Unexplained Delay In Deciding Mercy Petition
The Karnataka High Court has set aside the death penalty imposed on a 70-year-old murder convict and commuted it to life imprisonment, after he spent 30 years behind bars and of which almost two decades he spent in solitary confinement. A division bench of Justice G Narendar and Justice C M Poonacha allowed the writ petition filed by Saibanna Ningappa Natikar on two grounds—in-ordinate delay...
Karnataka High Court Weekly Round-Up: August 21 To August 27
Nominal Index: Ananth Kumar K G And Yogita S @ Yogitha Ananth Kumar. 2023 LiveLaw (Kar) 315Jagath Prakash Nadda And State of Karnataka & ANR. 2023 LiveLaw (Kar) 316M J MAthew & others And Prestige St. Johns Wood Apartment Owners Association & ANR. 2023 LiveLaw (Kar) 317Mahantayya And State of Karnataka & Others. 2023 LiveLaw (Kar) 318Ramesh Naik L And Karnataka State Bar...
Permanent FCRA Registration Doesn't Guarantee Foreign Fund Crediting Without Ministry's Clearance: Karnataka High Court
The Karnataka High Court recently ruled that permanent registration under the Foreign Contribution (Regulation) Act (FCRA) did not endow an unequivocal right to credit foreign funds into their designated savings account without authorisation from the Ministry of Home Affairs. Justice K S Hemalekha thus dismissed a petition filed by MANSA seeking a direction to the Development Credit Bank (DCB)...
Criminal Intimidation | Mere Expression Of Words Without Intention Insufficient To Attract Section 506 IPC: Karnataka High Court
The Karnataka High Court has held that mere expression of words without any intention to cause alarm to the complainant or to make him to do or omit to do any act, is not sufficient to bring the act of the accused within the definition of criminal intimidation, as prescribed under section 506 of the Indian Penal Code. A Single judge bench of Justice Venkatesh Naik T thus quashed a trial...
Virtual Cross Examination Doesn't Prejudice Accused: Karnataka HC Refuses To Order Physical Presence Of Judge Appearing As Witness In Criminal Case
The Karnataka High Court has dismissed a petition filed by an accused seeking physical presence of Principal Civil Judge and JMFC, Vijayapura (now posted in Bengaluru) for cross examination as a witness in his case, instead of via video conferencing. A single judge bench of Justice Venkatesh Naik T. sitting at Kalaburagi said recording of evidence through video conferencing is permissible in...
How Is Offering Prayers A Threat? Karnataka High Court Quashes PIL Challenging Use Of Residential Premises As Prayer Hall
The Karnataka High Court has dismissed a PIL filed by residents of HBR Layout in Bengaluru, who opposed the use of a residential property as a prayer hall.During the hearing, a division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal took strong exception to the oral submission made by the counsel for the petitioner that 'offering prayers was a risk'. “We will not accept...
Article 20 | No Conviction U/S 376(3) IPC For Rape Of Woman Under 16 Yrs Age Committed Prior To 2018 Amendment: Karnataka High Court
The Karnataka High Court has upheld the conviction handed down to a man for raping his minor step daughter, but modified the sentence of 20 years imposed on him by the trial court to 10 years imprisonment. A single judge bench of Justice K Natarajan partly allowed the appeal filed by 45 years old Abdul Khadar @ Rafiq, who was convicted to 20 years under section 376 (3) of the Indian Penal...
Karnataka High Court Grants Last Opportunity To X Corp To Show Compliance Of Blocking Orders
The Karnataka High Court on Thursday granted one more and last opportunity to X Corp (formerly Twitter) to place on record material to show that it had complied with blocking orders issued to it by the Ministry of Electronics and Information Technology (MeiTY) under Section 69A of the Information Technology Act. A Division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal...
Medical Board Can Only Decide Extent Of Candidate's Disability, Not Their Eligibility For A Course: Karnataka High Court
The Karnataka High Court has recently held that the Medical Board as an expert body is only authorised to determine the extent of a candidate's disability, and cannot draw a conclusion about whether a candidate would be eligible to pursue a medical course.A division bench of Justice G Narendar and Justice Vijaykumar A Patil on going through the records added that the Medical Board is not...
Onus On Plaintiff To Prove Possession Of Property In Suit For Bare Injunction: Karnataka High Court
The Karnataka High Court recently held that in a suit for bare injunction, it is for the person who approaches the Court to prove his lawful possession over the suit schedule property. Justice S G Pandit added that in such cases, the defendant is not required to move an application to prove the authenticity of the documents produced by the plaintiff during the course of evidence."In a suit...
Plea To Include Advocates' Parents As Dependents For Medical Insurance Withdrawn From Karnataka High Court
The Karnataka High Court on Tuesday permitted withdrawal of a public interest litigation filed by Advocate Ramesh Naik L, seeking a direction to the Karnataka State Bar Council (KSBC) and the Bar Council of India (BCI) to take appropriate action to include Parents of Advocates as dependents in the model form provided by the State Bar Council to provide Medical insurance, Term insurance...