Karnataka High Court
Registrar Can’t Direct Registration Of Sale Deed After Rejection Of Suit For Specific Performance By Civil Court: Karnataka High Court
The Karnataka High Court has held that when a suit for specific performance of a sale agreement filed by the proposed purchaser is dismissed, the District Registrar directing registration of sale agreement, ignoring the Civil court order, is contrary to law. A single judge bench of Justice K S Hemalekha set aside the order of District Registrar directing Sub-Registrar to register the...
Election Campaign: Karnataka High Court Quashes 4 Yrs Old Case Against Congress MP DK Suresh
The Karnataka High Court has quashed a case registered in the year 2019, under sections 171H of the Indian Penal Code, and Section 133 of the Representation of People Act, against Congress MP D.K. Suresh for allegedly campaigning in an open vehicle without obtaining due permission from the authorities.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Suresh and...
Registration Of Criminal Case In Absence Of Prima Facie Material To Establish Nexus With Alleged Crime Violates Article 21: Karnataka High Court
The Karnataka High Court has said that in order to proceed against a person with criminal action, the complainant or prosecuting agency must show prima facie material whereby some nexus could be established to the alleged crime with a person. If such material is not available, very registration of the case against such persons would definitely amount to abuse of process of law affecting the...
Justice Nagaprasanna Of Karnataka High Court Hears 522 Cases In A Day, Passes 200 Interim Orders
A single judge bench of Justice M Nagaprasanna of the Karnataka High Court on Monday heard 522 cases listed before it. Justice Nagaprasanna commenced hearing of the cases at 10.30 am and sat till 5 pm, with lunch break for an hour in between. At the end of the day Justice Nagaprasanna passed orders in all 522 cases, disposing of 50 of them and issuing 200 interim orders.Few months earlier...
Consider Psychological Status, Socio-Economic Background Of Accused: Karnataka High Court Issues Guidelines To Prosecution For Seeking Death Penalty
The Karnataka High Court has issued guidelines for the prosecution to follow while seeking Death Sentence before the trial court and during confirmation of sentence in the Appellate court. A division bench of Justice Suraj Govindaraj and Justice G Basavaraja issued the guidelines while upholding the conviction and death sentence handed down to accused Byluru Thippaiah (43), for murdering...
Plea In Karnataka High Court Questions Appointment Of HK Jagadish As Incharge Director Of Prosecution, Says He Has Political Connections
The Karnataka High Court on Monday issued notice on a Public Interest Litigation seeking to declare appointment of HK Jagadish as incharge Director of Prosecution and Government Litigation as illegal and contrary to the statutory provisions of Section 25A(2) of the Code of Criminal Procedure. A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal issued notice to...
'Shocked Our Conscience': Karnataka High Court Confirms Death Sentence Of Man Who Killed Wife, Minor Children With Chopper
The Karnataka High Court has confirmed the death sentence handed down to an accused by the trial court for murdering his wife, sister-in-law and three children below the age of 10 years, suspecting the fidelity of his wife. A division bench of Justice Suraj Govindaraj and Justice G Basavaraja said the case qualifies the test of rarest of rare cases requiring the award of the death penalty....
'Bail Is Rule' Norm Can't Be Chanted Like A Mantra In UAPA Offences: Karnataka High Court Refuses Bail To 2020 Bengaluru Riots Accused
The Karnataka High Court has refused bail to an accused charged in the 2020 Bengaluru riots citing primacy of public safety and collective interest of the society over individual liberty as constitutionally guaranteed under the Constitution.A division bench of Justice Krishna S Dixit and Justice Pradeep Singh Yerur also refuse to apply the 'bail is the rule and jail is an exception' dicta of...
Karnataka High Court Weekly Round-Up: June 05 June To June 11
NOMINAL INDEXNasim Banu & ANR And Shabas Khan & Others. 2023 LiveLaw (Kar) 202Diocese of Chikkamagaluru And Lancy J Narona & Others. 2023 LiveLaw (Kar) 203Kreetams Pro Bono And Centre For Legal Research And Ministry of Secondary and Primary Education & ANR. 2023 LiveLaw (Kar) 204Pramod R S And State of Karnataka. 2023 LiveLaw (Kar) 205M S Ravi Dixit And State of Karnataka...
Karnataka High Court Upholds State Corporation's Decision To Encash Bank Guarantee Furnished By Private Contractor Over "Shoddy Construction"
The Karnataka High Court has dismissed the petition filed by a private contractor seeking refund of bank guarantee encashed by the Karnataka State Police Housing and Infrastructure Development Corporation for carrying out "shoddy construction" of police quarters. A single judge bench of Justice M Nagaprasanna remarked,“The construction if it is of such poor quality, it is high time that...
Dept. To Reconsider The Application Under Karasamadhana Scheme: Karnataka High Court Quashes Recovery From The Banker
The Karnataka High Court has quashed the recovery from the banker and directed the department to reconsider the application under the Karasamadhana Scheme.The bench of Justice S. Sunil Dutt Yadav has observed that in the event that the application is rejected, it is needless to state that the petitioner cannot be placed in a position worse off, and the petitioner is entitled to the restoration...
Karnataka High Court Directs Revenue Dept To Evolve Mechanism For Tracking Progress Of Land Conversion Applications
The Karnataka High Court has directed the Principal Secretary, Revenue Department, to institute a mechanism for capturing the progress of applications which are filed under Section 95 of Karnataka Land Revenue Act for conversion. A single judge bench of Justice Suraj Govindaraj sitting at Kalaburagi said it has come across several matters where the applications which had been filed...