Karnataka High Court
Karnataka High Court Weekly Round-Up: April 24 To April 30
Nominal Index: [Citation: 2023 LiveLaw (Kar) 159- 164] Mohammad Bilal & others And Police Sub-Inspector Law and Order & others. 2023 LiveLaw (Kar) 159 Rudresha And The Management of M/s TVS Motor Company. 2023 LiveLaw (Kar) 160 Hanumanthrao And State of Karnataka. 2023 LiveLaw (Kar) 161 H Siddaraju & ANR Union of India & others. 2023 LiveLaw (Kar)...
Karnataka High Court Issues Non-Bailable Warrant Against Mother Over Failure To Hand Over Minor Child's Custody To Father Despite Judicial Order
The Karnataka High Court on Thursday issued non-bailable warrants against a woman and directed the Commissioner of Police, Bengaluru to keep the woman present in court for failing to hand over custody of the minor child to her father, as directed by the court. A vacation bench of Justice S Sunil Dutt Yadav and Justice C M Poonacha while hearing the habeas corpus petition filed by...
Erstwhile Office Bearers Of Private Club Can't Process Committee Election On Ground That New Administrator Has Not Taken Charge: Karnataka High Court
The Karnataka High Court has held that erstwhile office members of a private club cannot process an election on the ground that the Administrator so appointed by the Government, has not taken charge. A single judge bench of Justice Suraj Govindaraj allowed the petition filed by B L Adishesh and others who are members of the Vontikoppal Club, in Mysore. It quashed the...
Circumvented Round-About To Take Immediate Turn: Karnataka High Court Reduces Compensation Citing Contributory Negligence Of Deceased
The Karnataka High Court has said that the onus is on the claimants to prove that there was rash and negligent driving only by the alleged offending vehicle driver causing the accident. However, in case if the respondent/Insurer are able to show that the road traffic accident has not occurred in the manner as agitated by the claimants, then, the Tribunal should not hesitate in fixing...
Karnataka High Court Directs Surrogacy Board To Consider Application Of Man Who Crossed 55 Yrs Age Bar, Evolves Triple Test Citing 'Unique Situation'
The Karnataka High Court has evolved a triple test theory to permit a couple to undertake the procedure of surrogacy, which otherwise was not permitted to them as the husband being 57-year-old has crossed the age eligibility criteria, under the Surrogacy (Regulation) Act, 2021. A Single judge bench of Justice M Nagaprasanna allowed in part the petition filed by H Siddaraju and his wife...
Karnataka High Court Sentences 80-Yr-Old To One Day In 36 Yrs Old Misappropriation Case
The Karnataka High Court recently modified the sentence of one year imprisonment imposed on a 80-year-old, former government servant who was convicted for misappropriating public funds and commuted it to one day–till the rising of the court. A single judge bench of Justice S Vishwajith Shetty allowed the petition filed by Hanumanthrao in part and said “The judgment and order of...
'Loss Of Confidence' In Terminated Workman Must Be Based On Objective Consideration Of Facts: Karnataka High Court
The Karnataka High Court has said that in cases where employer expresses loss of confidence in the workman, the Labour Court or the Industrial Tribunal, would have to consider the said contention in light of the surrounding facts and circumstances and ascertain if such a suspicion is based on objective set of facts or on the basis of any extraneous factor. A single judge bench of Suraj...
UAPA Case: Karnataka High Court Upholds Rejection Of Alleged PFI Members' Default Bail
The Karnataka High Court has dismissed a petition filed by five alleged members of the banned organisation Popular Front of India, (PFI), and upheld the order of Special court designated to try offences under the Unlawful Activities (Prevention) Act, which rejected their application for grant of default bail. A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil found no...
Don't Tweet On Judiciary, Sub-Judice Issues: Karnataka High Court While Staying Actor Chetan Kumar's OCI Cancellation Till June 2
The Karnataka High Court by way of interim relief has stayed the operation of an order passed by the Union government cancelling the Overseas Citizen of India card (OCI) issued to Kannada actor and social activist, Chetan A Kumar. A single judge bench of Justice M Nagaprasanna said “I deem it appropriate, in the facts and circumstances of the case, to direct the respondents not to...
Karnataka High Court Weekly Round-Up [April 17 - April 23, 2023]
Nominal Index: Mohammed Shariff And National Investigating Agency. 2023 LiveLaw (Kar) 152H D Naveen And State of Karnataka. 2023 LiveLaw (Kar) 153Thirakavva & ANR Ratnavva & Others. 2023 LiveLaw (Kar) 154Sudarshan V Biradar And State of Karnataka. 2023 LiveLaw (Kar) 155M/s TTK Healthcare Ltd And P V Ravi. 2023 LiveLaw (Kar) 156XIAOMI Technology India Private Limited. v. Union of...
Karnataka High Court Rejects Xiaomi's Petition Challenging Seizure Of ₹5551.27 Crore By Enforcement Directorate, Upholds S.37A FEMA
The Karnataka High Court on Friday rejected the petition filed by Xiaomi India challenging an order passed by the Competent Authority appointed under the Foreign Exchange Management Act,1999 (FEMA), confirming the order issued by the Enforcement Directorate (ED) seizing Rs.5,551.27 crores of the company.A single judge bench of Justice M Nagaprasanna though upheld the maintainability of...
Karnataka High Court Reserves Order On Twitter's Plea Against Centre's Account Blocking Orders
The Karnataka High Court on Friday reserved its order on the petition filed by Twitter Inc, challenging the blocking orders issued to it by the Ministry of Electronics and Information Technology (MeiTY) under Section 69A of the Information Technology Act. A single judge bench of Justice Krishna S Dixit reserved the order after hearing both parties. Twitter has claimed that the blocking orders...