Karnataka High Court
Order 39 CPC | Suppression Of Material Facts Detrimental To Grant Of Temporary Injunction: Karnataka High Court
The Karnataka High Court recently held that relief of temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC) is a discretionary remedy which requires a careful balance between the need for interim relief and the ongoing legal proceedings.Justice H.P Sandesh added that this discretion should not be exercised when material facts are suppressed before the Trial...
Class 1 Admissions: Karnataka High Court Refuses To Interfere With State's Policy Fixing '6 Years' As Eligibility Criteria
The Karnataka High Court has upheld State government's decision fixing the admission age for class-I students in Government schools, aided and unaided schools from the academic year 2025-2026 as as 6 years.A single judge bench of Justice Sachin Shankar Magadum dismissed a petition filed on behalf of a 4 year old toddler, represented through her father, seeking to quash the...
Karnataka High Court Directs Integration Of Police IT System With Road Accident Database, FSL, Insurance Depts
The Karnataka High Court reiterated that Motor Vehicles Act being a beneficial legislation, the provisions thereof have to be given beneficial meaning and effect. It held that benefit under the Act cannot be taken away on a technical aspect that too of limitation under Section 166(3) of the Act, which mandates that no claim petition can be entertained unless it is made within six months of...
3-Yrs LLB Admissions | NLSIU Executive Council Has Opted To Not Provide Reservation For Transgender Persons: Karnataka High Court Told
The National Law School of India University (NLSIU) has informed the Karnataka High Court that its Executive Council has opted, at this time, not to provide reservation for transgender persons in admission to 3-years NLSAT-LLB 2023 course offered by the University. The University has stated this in the statement of objections filed opposing a petition moved by one Mugil Anbu Vasantha,...
Karnataka High Court Asks Centre To Secure Procedure For Moving Clemency Petition For Indian Convicted In Saudi Arabia For Blasphemy
The Karnataka High Court on Wednesday directed the Union Government to secure a copy of Saudi Arabia court's order confirming the conviction of Indian citizen Shailesh Kumar, so that clemency petition can be moved before the King of Saudi Arabia. Kumar was arrested in 2020 and sentenced to suffer 15 years imprisonment on charges of blasphemy and sedition for having made objectionable...
Wife Insulted, Moved Away From Husband Because Of His 'Dark Complexion': Karnataka High Court Dissolves Marriage On Ground Of Cruelty
The Karnataka High Court has held that a wife insulting the husband on the premise that he is 'dark', moving away from his company for the same reason and levelling false allegations of illicit relationships as a cover up, would constitute cruelty.A division bench of Justice Alok Aradhe and Anant Ramanath Hegde thus allowed the appeal filed by the husband and set aside the family court...
SBI Is State Instrumentality, Writ Petition Maintainable Even In Disputes Pertaining To Contract For Loan Transaction: Karnataka High Court
The Karnataka High Court recently set aside an endorsement issued by the State Bank of India to a partnership firm, stopping the release of loan amount which was sanctioned and partly disbursed.While the bank resisted the writ petition stating the loan transaction was in the nature of a 'private contract', a single judge bench of Justice Krishna S Dixit observed,“The respondent-bank being...
Karnataka High Court Weekly Round-Up: July 31 To August 6, 2023
Nominal Index: M/s Masturlal (Pvt) Ltd And Government of India. 2023 LiveLaw (Kar) 289Mustafa s/o Maktumsab Rasoolanavar And The State of Karnataka. 2023 LiveLaw (Kar) 290Emmanuel 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....
Karnataka High Court Criticizes Misuse Of SC/ST Prevention Of Atrocities Act, Quashes Criminal Case Over Property Dispute
The Karnataka High Court has quashed the prosecution initiated against two persons under provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered by the complainant immediately after the police filed a chargesheet against him on the complaint made by the petitioners, for house trespass and continuous harassment. A single judge bench of Justice...
Karnataka High Court Half Yearly Digest: January To June 2023
Nominal Index [Citations 1 - 247]Priyanaka 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 & ANR v. State of Karnataka. 2023...
Centre Agrees In Karnataka High Court To Consider Representation Seeking Enquiry On 'Havana Syndrome' In India
The Union Government has informed the Karnataka High Court that it would look into the representation made to it for conducting an enquiry on possibility of ‘Havana Syndrome’ in India.A single judge bench of Justice Krishna S Dixit disposed of the petition filed by one A Amarnath Chagu and directed the Union Government to consider his representation in three months. Havana Syndrome is...
Child Born In 'Batil' Marriage Is Illegitimate, Has No Right To Succession Of Father's Property: Karnataka High Court
The Karnataka High Court has said that a son, born in 'Batil' marriage (void-ab-initio) under Mohammadan Law, is illegitimate and does not possess any right of succession under the law. A single judge bench of Justice V Srishananda allowed the appeal filed by one Nabisab Agnnamani (original plaintiff) and set aside the order of the first appellate court which granted half share of...