Karnataka High Court
S.17A Prevention Of Corruption Act | Private Complaint Against Public Servant Should Also Be Accompanied By Prior Sanction: Karnataka High Court
The Karnataka High Court has held that private complaints filed without prior approval (sanction) from competent authorities under Section 17A of the Prevention of Corruption Act, against public servants should not be entertained by the Magistrate/Sessions Judge. A single judge bench of Justice M Nagaprasanna said,“This Court has come across several cases where private complaints are...
Karnataka High Court Seeks Centre's Stand On Gangster Ravi Pujari's Plea Against Trial In Cases Not Mentioned In His Extradition Order
The Karnataka High Court on Tuesday asked the Union Government to clarify whether an accused who is extradited from a foreign country to India for being tried in certain cases mentioned in the extradition treaty, can be tried for other offences. A single judge bench of Justice Krishna S Dixit has sought the clarification in a petition filed by gangster Ravi Pujari @ Raviprakash, who...
Change In Law By Apex Court Decision Doesn't Upset Prior Judgments Of Competent Court, Erroneous Decisions Can Operate As Res Judicata: Karnataka HC
The Karnataka High Court has said that a divergent view taken by the Supreme Court on an issue is not binding on judgments passed prior to it by the competent courts and therefore, the principle of res judicata will apply between the same parties on the same issue.A single judge bench of Justice Sachin Shankar Magadum said, “The law laid down by the Apex Court in the case at the most can...
Data Theft Becoming A Menace Of Digital Age, Must Be Nipped In The Bud: Karnataka High Court
Data thieving has become a menace in these digital days and will have to be nipped, the Karnataka High Court observed recently.The remarks were made by single judge bench of Justice M Nagaprasanna while refusing to quash the proceedings initiated against two persons accused of having stolen client data from their previous employer and misusing it by joining a rival company.The petitioners...
Karnataka High Court Says London Court's Order Directing KSRTC To Compensate British Couple For Accident Not On Merits, Not Executable
The Karnataka High Court has allowed an application filed by the Karnataka State Road Transport Corporation (KSRTC) under Section 47 of Code of Civil Procedure (CPC), and held that a decree issued by a court in the United Kingdom (UK), directing compensation be paid to a British couple who suffered injuries when they met with an accident in 2002, while travelling in a car which was hit by a...
'Systematic Discrimination': Karnataka High Court Pulls Up College For Charging Tuition Fees From Student Admitted Under Supernumerary Quota
"The implementation of supernumerary quota in educational institutions aims to foster inclusivity and provide equal opportunities to underrepresented groups. However, a disturbing trend has emerged where some educational institutions engage in wrongful conduct by charging fees to students admitted through the supernumerary quota,” the Karnataka High Court observed recently.A single judge...
Karnataka High Court Reverses Order Granting Freedom Fighters' Pension To 89-Yrs Old Widow
The Karnataka High Court has set aside the order of a Single bench which directed State authorities to grant freedom fighters’ pension together with all arrears to an 89-year-old widow.A division bench of Justice R Devdas and Justice Rajesh Rai K sitting at Dharwad allowed the State's appeal observing,“In the year 2014 the guidelines issued by the Central Government in respect of...
Second Wife Can't Maintain Complaint Against Husband And In-Laws U/S 498A IPC: Karnataka High Court
The Karnataka High Court has said that a complaint under Section 498-A (cruelty) of the Indian Penal Code, filed by the second wife against the husband and her in-laws is not maintainable. A single judge bench of Justice S Rachaiah allowed the petition filed by one Kantharaju and set aside the conviction order passed by the trial court and the revision court convicting him for section 498-A...
Karnataka High Court Issues Guidelines On Civil Imprisonment For Wilful Disobedience Of Judicial Orders
The Karnataka High Court recently issued a set of guidelines to be followed by the trial courts while ordering civil imprisonment to an accused for wilful disobedience of court orders under Order XXXIX Rule 2A of the Code of Civil Procedure. A division bench of Justice Alok Aradhe and Justice Anant Ramanath Hegde said,“The underlying philosophy of the provision is curative and to enforce...
Karnataka High Court Weekly Round-Up: July 17 To July 23
Nominal IndexABC And State of Karnataka & ANR. 2023 LiveLaw (Kar) 267Neha Rafiq Chahchadi And State of Karnataka & ANR. 2023 LiveLaw (Kar) 268H N Nagarajegowda & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 269Sri. Veeranjaneya Dharma Jagruthi Balaga & Other And State of Karnataka & Others. 2023 LiveLaw (Kar) 270N L Manjunatha & ANR AND B L Ananda....
Karnataka CM Siddaramaiah's Election Challenged In High Court; Petitioner Says Congress Offer Of 'Freebies' Amounts To Electoral Malpractice
An Election petition has been filed in the Karnataka High Court seeking to set aside the election of Chief Minister Siddaramiah from Varuna Assembly constituency alleging that he committed electoral malpractices in the 2023 assembly elections. The petitioner K M Shankara, who is a voter from the constituency, alleges that the Congress party promised "freebies" on coming to power and that...
No Stringent Distinction Based On Nature Of Ailment In Guidelines For Alternative Objective Exam For Differently Abled Students: Karnataka HC
The Karnataka High Court has dismissed an appeal filed by the Karnataka State Law University challenging a single bench order directing it to conduct III Semester exam for a differently abled Law student, by providing objective type of questions instead of descriptive type of questions. Krishna, having 46% overall impairment affecting both brain and eyes, is pursuing his five years integrated...