Karnataka High Court
Karnataka High Court Quashes Medical Negligence Complaint In Absence Of Expert Opinion
The Karnataka High Court recently quashed a medical negligence case registered against three doctors as the police failed to support the charge by obtaining an expert's opinion. A single judge bench of Justice Sachin Shankar Magadum allowed the quashing petition observing, “If the Medical Council of India (MCI) while entertaining the appeal has concluded that there is no medical negligence,...
Consumer Forum Member's 'Caste Hurl' Complaint Against Landlords Quashed By Karnataka High Court
The Karnataka High Court on Wednesday quashed the proceedings initiated under the SC/ST (Prevention of Atrocities) Act by a "disgruntled tenant" who happens to be a member of the District Consumer Forum, against her landlords.A single judge bench of Justice M Nagaprasanna found the narration in her complaint quite strange and said permitting further investigation against the petitioners...
Karnataka High Court Refuses To Quash Law Intern's Rape FIR Against Advocate, Says It May Have Chilling Effect On Legal Profession
The Karnataka High Court has refused to quash a rape complaint registered against a Magaluru based advocate by a law student working as an intern in his office. A single judge bench of Justice M Nagaprasanna observed,"If a naive student of law, enters the office of an Advocate, as an intern; in turn gets to face these horrendous acts, it would have a chilling effect on the entire practice...
Karnataka High Court Says Healthcare Centres Be Connected With Control Rooms To Attend Those Injured In Man-Animal Conflicts
The Karnataka High Court on Tuesday suggested that 24*7 control rooms set up by State government for receipt of information about man-animal conflicts in areas surrounding forests be connected with Civil hospitals and Primary Healthcare Centres for immediate attention to those injured.It said “We direct the State government to extend the access of control room to the nearest Primary...
POCSO Court Bound To Determine Compensation Considering Gravity, Victim's Status; Role Of DLSA Is Only To Enforce It: Karnataka High Court
In context of PCOSO trials, the Karnataka High Court has held that only the special court has power to quantify the compensation to the child victims under NALSA scheme and that DLSA is under legal obligation to give effect to the compensation determined by the special Court.It added that while determining compensation, the trial court has to consider the evidence on record, nature of...
74-Yr-Old Travels To Karnataka High Court In Ambulance For Settlement Of Her Partition Suit In National Lok Adalat
A 74-year-old, Lalithamma travelled in an ambulance to the Karnataka High Court in Bengaluru, to get her 14-year-old partition suit amicably settled before the National Lok Adalat, held on July 8. A bench comprising Justice K S Hemalekha and Advocate H. Pavana Chandra Shetty, interacted with her while she sat in the ambulance and on confirming the terms of settlement, Justice Hemalekha...
Plea In Karnataka High Court To Include Advocates' Parents As Dependents To Provide Medical Insurance
A petition has been filed in the Karnataka High Court 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 Advocate as dependents in the model form provided by the State Bar Council to provide Medical insurance, Term insurance for Advocates. The petition filed by Advocate Ramesh Naik L states that...
Can't Be Taken Lightly: Karnataka High Court Refuses To Quash Proceedings Against Five For Allegedly Demanding Money To Withdraw PIL Against Mutt
The Karnataka High Court recently dismissed a petition filed by five persons seeking to quash proceedings initiated against them for allegedly demanding money from the Chief Administrator Officer of Ramachandrapura Mutt for withdrawing a PIL filed by Gokarna Hitha Rakshana Samithi against the Mutt, alleging financial irregularities.A single judge bench of Justice K Natarajan said,...
Karnataka High Court Weekly Round-Up: July 03 To July 09
Nominal IndexMother Marry College of Nursing & Others And The Registrar. 2023 LiveLaw (Kar) 248ABC And XYZ. 2023 LiveLaw (Kar) 249Francis Xavier Crasto And State of Karnataka. 2023 LiveLaw (Kar) 250Sridhar Kulkarni A And Union of India & ANR. 2023 LiveLaw (Kar) 251XYZ & ANR And Gurumanjunatha A S & Others. 2023 LiveLaw (Kar) 252K Srinivas Ganiga And Union of India &...
Karnataka Gram Panchayat Act | No Show Cause Notice For Removal Of Member Over Failure To Annually Disclose Assets U/S 43B: High Court
The Karnataka High Court has declared that no show-cause notice is required to be issued to a defaulting member of a Gram Panchayat under Section 43B(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 when there is no assets/liabilities declaration filed by him. Similarly, no hearing is required to be given before passing an order of removal from the office. Section 43B stipulates...
Section 92 CPC Procedure Not Applicable To Suit Instituted By Public Charitable Trust Against Third Parties: Karnataka High Court
The Karnataka High Court has held that a Public Charitable Trust is not required to take permission from the jurisdictional district court under Section 92 of Code of Civil Procedure (CPC), before filing a suit for permanent injunction against a third party. A single judge bench of Justice Suraj Govindaraj sitting at Kalaburagi bench dismissed the petition filed by Dr Narasimhalu Nandini...
Karnataka High Court Quashes Abetment To Suicide Charge Levelled Against Friend Of Dead Woman's Husband
The Karnataka High Court recently quashed abetment to suicide charges levelled against a man who was alleged to have caused the suicide of his friend's wife by making allegations on her character. A single judge bench of Justice M Nagaprasanna said none of the ingredients necessary to prove an offence punishable under Section 306 of IPC are made out. It observed,"For an offence to...