Karnataka High Court Allows Petitioner Opposing Lingayat Reservation To Access Backward Commission's Interim Report

In a plea opposing inclusion of Panchamasali Lingayat sub-sect in reservation quota available to Category 2A, the Karnataka High Court on Monday directed that the petitioner be provided State Backward Classes Commission's interim report on the subject.A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal ordered its court officer to provide a copy of the interim report...

Karnataka High Court Weekly Round-Up [May 22 To May 28, 2023]

Nominal Index: Social Democratic Party of India And Union of India & Others. 2023 LiveLaw (Kar) 178ABC And XYZ. 2023 LiveLaw (Kar) 179Sri Jagadguru Murugharajendra Vidhya Peetha & ANR And The Chief Secretary & others. 2023 LiveLaw (Kar) 180Siddappa B H And The State By Lokayukta Police. 2023 LiveLaw (Kar) 181ABC And XYZ. 2023 LiveLaw (Kar) 182Karnataka General Labour Union...

BJP MLA Ashwath Narayan Moves Karnataka High Court Against Registration Of FIR Over 'Finish Off Siddaramaiah' Remark

Member of Legislative Assembly and Bharatiya Janata Party Leader, Dr C N Ashwath Narayan, has moved the Karnataka High Court seeking to quash the FIR registered against him for allegedly making a derogatory statement in February at Mandya during an election rally against now Chief Minister Siddaramaiah.The plea states that petitioner was on election campaign in February 2023 and while...

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court

The Karnataka High Court has set aside an order passed by the trial court dismissing an application filed by a woman to club two pending suits for a common trial and disposal. The suits filed by her and her ex-husband relate to the same property. Justice Krishna S Dixit allowed the woman's petition and requested the trial judge to allow the subject application of the petitioner for clubbing...

Criminal Case Filed By Wife Accusing Husband, In-Laws Of Cruelty Loses Its Significance If Lodged After His Divorce Notice: Karnataka High Court

The Karnataka High Court recently quashed a First Information Report (FIR) registered by a woman alleging cruelty and dowry harassment, against her in-laws and other relatives of the husband. A single judge bench of Justice S Rachaiah, sitting at Kalaburagi bench, allowed the petition seeking quashing of the case and said: “The criminal case filed by the wife, alleging cruelty, dowry...

Non-Signatory Defendants Cannot Be Exposed To Arbitration Under Section 8 Of The A&C Act: Karnataka High Court

The Karnataka High Court has held that the non-signatory defendants cannot be exposed to arbitration under Section 8 of the A&C Act by allowing the dispute to be referred to arbitration.The bench of Justice Sreenivas Harish Kumar held that when the cause of action against all the defendants is stated to be the same, it cannot be bifurcated so to allow arbitration proceedings against few...

Blinkhit v. Blinkit: Karnataka High Court Sets Aside Interim Injunction Order Against Blinkit Citing Non-Use Of Registered Trademark By Blinkhit

The Karnataka High Court last month set aside an interim injunction order of the trial court, temporary restraining the use of 'Blinkit' trademark- a famous online groceries delivery platform- for alleged violation of the rights of a software services firm Blinkhit.Blinkhit claimed to have registered the marks ‘BLINKHIT’ and ‘iBLINKHIT’ since 2016.A single judge bench of Justice S...

[S.10 Emigration Act] Non-Payment Of Salary By Employer Can't Be Given Colour Of Running Illegal Recruiting Agency : Karnataka High Court

The Karnataka High Court has said an employee recruited by a company outside India, if not paid salaries, cannot raise a belated complaint against its Director of running a recruiting agency without a valid certificate under Section 10 of the Emigration Act.A single judge bench of Justice M Nagaprasanna dismissed the petition filed by one Raman Sundaresan, questioning the internal...

Courts Hearing Maintenance Applications Under Domestic Violence Act Or S.125 CrPC Need Not Go Into Validity Of Marriage: Karnataka High Court

The Karnataka High Court has held that courts while dealing with maintenance applications under Section 12 of the Protection of Women from Domestic Violence Act or Section 125 of Criminal Procedure Code (Cr.P.C), should not go into the validity of marriage. A single judge bench of Justice S Rachaiah sitting at Kalaburagi bench confirmed the trial Court's order directing petitioner's husband...

Attornment By Lessee Not Necessary For Transfer Of Property Leased Out To Him: Karnataka High Court

The Karnataka High Court has said that attornment by lessee is not necessary for transfer of property leased out to him. A single judge bench of Justice Ashok S Kinagi allowed the appeal filed by G Jagadish Kumar and directed the tenant K G Murali to vacate and handover the possession of suit property to the plaintiff. It rejected the contention of the defendant that the plaintiff is not...

'Parents Would Think Twice About Sending Their Girl Child To School': Karnataka High Court Refuses Bail To Teacher Accused Of Sexual Harassment

The Karnataka High Court recently refused bail to a Government primary school teacher charged for allegedly sexually harassing the minor girl students studying in IV to VI standard. A single judge bench of Justice Umesh M Adiga while rejecting the petition filed by C Manjunath observed,“Guru or teacher are considered as God in this Country and respected like a God. However, because of...

No Scope For Determining Shares Of Parties While Deciding Application For Grant Of Succession Certificate: Karnataka High Court

The Karnataka High Court has said that a court considering application for grant of Succession Certificate has no power to go into the substantial and intricate question of facts and law.A single judge bench of Justice C M Joshi sitting at Kalaburagi bench, dismissed a petition filed by parents of one deceased Nagappa, challenging order of the trial court and appellate court granting...