Section 87 NI Act | Cheque Not Invalid If Altered With Consent Of Drawer: Karnataka High Court

The Karnataka High Court has reiterated that if the payee or holder of the cheque had made alteration with the consent of drawer on cheque, such alteration cannot be a ground to resist right of payee or holder thereof.A single judge bench of Justice Rajendra Badamikar dismissed a revision petition filed by accused D B Jatti who had challenged the conviction order passed by the trial court for...

[DK Shivakumar Disproportionate Assets Case] State's Consent For CBI Probe Merely Executive Order, Not Sanction For Prosecution: Karnataka High Court

The Karnataka High Court last month dismissed a petition filed by Congress leader D K Shivakumar seeking to quash the sanction for prosecution granted by State to the CBI, to investigate the offences alleged against him under the provision of Prevention of Corruption Act.A single judge bench of Justice K Natarajan said the impugned order was merely a consent given by the State under Section 6...

RTI Act | Public Information Officer Cannot Challenge Appellate Authority's Order Directing It To Disclose Information: Karnataka High Court

The Karnataka High Court has made it clear that under the Right to Information Act, a Public information Officer has no authority to prefer an appeal against an order passed by the Appellate Authority, directing him to furnish information to an applicant under the Act. The power to prefer an appeal challenging an order passed by the Appellate authority has been conferred only on the persons...

Karnataka High Court Monthly Digest: April 2023 [Citation 134 - 164]

Nominal Index M/S Tonbo Imaging India Pvt Ltd Versus Union Of India. 2023 LiveLaw (Kar) 134Manje Gowda And State of Karnataka & Others. 2023 LiveLaw (Kar) 135Rathnamma & ANR And State of Karnataka & Others. 2023 LiveLaw (Kar) 136Bujji @ Babu G And State Of Karnataka. 2023 LiveLaw (Kar) 137Nanjappa And State of Karnataka & Others. 2023 LiveLaw (Kar) 138Khadar Basha & others...

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...