'It's A Serious Issue, Undertake More Research': Karnataka High Court Permits Lawyer To Withdraw PIL To Limit Weight Of School Bags

The Karnataka High Court on Wednesday permitted the petitioner Advocate Ramesh Naik L to withdraw the public interest litigation filed by him seeking measures to minimise the weight of school bags carried by students of primary education.A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal said “The party in person submits that as the petition was filed in a little...

SHO Can Seek Magistrate's Permission U/S 155(2) CrPC To Investigate Non-Cognizable Offence: Karnataka High Court

The Karnataka High Court has made it clear that it is not necessary for only the complainant to approach the Magistrate court under Section 155(2) CrPC seeking permission to investigate a non-cognizable offence, and even a Police Officer to whom the complaint is presented can do so. A single judge bench of Justice M Nagaprasanna said, “Permission can either be sought by the complainant or...

Educational Institutions Not Required To Obtain Yearly Certificate For Claiming Property Tax Exemption Under Karnataka Municipalities Act: High Court

The Karnataka High Court has held that under Section 94(1-A)(i) of the Karnataka Municipalities Act, an Educational Institution is exempted from payment of property taxes and the institute is not required to obtain an exemption certificate, every year. It said the exemption applies to all the buildings which are used for the purpose of running educational institutions and/or incidental...

Magistrates Casually Permitting Police Investigation Into Non-Cognizable Offences Generates Huge Litigation: Karnataka High Court Issues Guidelines

The Karnataka High Court has issued guidelines for Judicial Magistrates to be followed strictly while issuing orders granting permission to the police to investigate non-cognizable cases on requisition made to it either by the police or the complainant. The court has issued a warning to the Magistrate courts that any deviation from what is directed will be construed that the Magistrates...

Karnataka High Court Sets Aside Condition Requiring Wife To Sponsor Husband's Travel From USA For His Cross-Examination In Matrimonial Case

The Karnataka High Court has set aside an order passed by Family Court allowing application made by the wife to cross-examine her husband subject to a condition that she would bear his travel expense of Rs 1.65 lakhs, from the USA to Bangalore. A single judge bench of Justice Krishna S Dixit allowed the petition filed by Sindhu Boregowda and said “Putting a condition of the kind would...

'Nature Of Duty' Relevant To Proportionality Of Sentence: Karnataka High Court Upholds Bank Manager's Dismissal For Misconduct

The Karnataka High Court has upheld the dismissal order passed by the Management of Syndicate Bank against a former Manager accused of misconduct. A single judge bench Justice S Vishwajith Shetty sitting at Dharwad said,“While considering the question of proportionality of sentence imposed on a delinquent, the Court should also take into consideration the nature of duty performed by him...

Non-Consummation Of Marriage Not Cruelty Under Section 498A IPC: Karnataka High Court

The Karnataka High Court has quashed a criminal complaint filed by a wife against her husband under section 498-A of the Indian Penal Code, alleging that he did not have physical relations after marriage on account of watching spiritual videos and thus it amounted to cruelty. A single judge bench of Justice M Nagaprasanna allowed the petition filed by the husband and his parents and quashed...

Externment Order Not Valid If Competent Authority Fails To Consider Objective Material Or Record Subjective Satisfaction: Karnataka High Court

The Karnataka High Court has made it clear that consideration of objective material and subjective satisfaction of the competent authority is necessary before passing an order of externment. A single judge bench of Justice T G Shivashankare Gowda partly allowed the petition filed by one Mali Rizwan and quashed the order of Sub-divisional Magistrate, externing him from the limits of Kundapura...

Karnataka High Court Weekly Round-Up: June 12 To June 18

Nominal IndexImran Ahmed And National Investigating Agency. 2023 LiveLaw (Kar) 215Byluru Thippaiah And State of Karnataka. 2023 LiveLaw (Kar) 216Vipul Prakash Patil And State of Karnataka & ANR. 2023 LiveLaw (Kar) 217D K Suresh And State of Karnataka. 2023 LiveLaw (Kar) 218A Vasudevachar & Others And The District Registrar & Others. 2023 LiveLaw (Kar) 219Mrs Divya Ganesh Nallur...

Notice And Assessment Order Passed In The Name Of Non-Existing Company Is Illegal And Without Jurisdiction: Karnataka High Court

The Karnataka High Court has held that a notice and assessment order passed in the name of a non-existing company is substantively illegal and is an order passed without jurisdiction.The bench of Justice S. Sunil Dutt Yadav has relied on the decision of the Supreme Court in the case of Principal Commissioner of Income Tax v. Maruti Suzuki India Limited, in which it was held that the...

KGF Song Copyright Infringement: Karnataka High Court Extends Till June 23 Stay On FIR Against Rahul Gandhi, Jairam Ramesh & Supriya Shrinate

The Karnataka High Court on Friday extended till June 23, the interim relief of stay granted earlier to Congress leaders Rahul Gandhi, Jairam Ramesh and Supriya Shrinate in the FIR registered by music company MRT Music over the alleged copyright infringement by the use of song from the Kannada movie "KGF Chapter 2" in the promotional video for the "Bharat Jodo Yatra".A single judge bench...

[Epidemic Diseases Act] Karnataka High Court Quashes Case Against CM Siddaramaiah, Deputy CM Shivakumar For Alleged Violation Of Covid Restrictions

The Karnataka High Court on Friday quashed the case against Chief Minister Siddaramaiah, Deputy Chief Minister D K Shivakumar and others registered under the Karnataka Epidemic Diseases Act, 2020 and other sections of the Indian Penal Code, for carrying out a padyatra in January 2022, demanding implementation of Mekedatu project, when allegedly Covid-19 restrictions were in force.A single...