Violation Of COVID Norms: Karnataka High Court Quashes Criminal Proceedings Against Workers Of Campus Front Of India

The Karnataka High Court has quashed proceedings initiated last year against workers of now-banned Campus Front of India (CFI) for holding a meeting and gathering people at Dr.B.R.Ambedkar Bhavan, Bagalokot, when the authorities had prohibited such meetings on account of third wave of COVID-19. Justice J M Khazi sitting at Dharwad bench allowed the petition filed by Khadar Basha and others...

Gift Deed Executed By Senior Citizen Can Be Declared Null And Void Only If It Contains Stipulation On Maintenance By Transferee: Karnataka High Court

The Karnataka High Court has said that a gift deed executed by a senior citizen can be declared as null and void under the Senior Citizens Act only if a stipulation is contained therein that the transferee shall maintain him or her in return.A division bench of Justice B Veerappa and Justice K S Hemalekha, while dismissing an intra-court appeal filed by Nanjappa, said, “On careful perusal...

Karnataka High Court Denies Bail To Man In POCSO Case, Says Minor Girl’s Statement On Consent Can’t Be Taken As Gospel Truth While Deciding Bail Plea

The Karnataka High Court has refused bail to an accused in a case under the Protection of Children from Sexual Offence (POCSO) Act, who claimed that the victim minor girl was a consenting party and that there was absence of element of force. Justice V Srishananda said the "consent, if any, of the victim girl for the penetrative sexual assault said to have taken place between the petitioner...

Karnataka High Court Directs Prison Authority To Consider Woman's Plea To Release Murder Convict On Parole For Their Marriage

The Karnataka High Court has directed the prison authorities to consider the representation of a woman and release a murder convict on parole leave, for him to marry her or else she would be given in marriage to someone else. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Neetha G and Rathnamma and directed the authorities to release the convict Anand. It said...

Upload Orders On Websites, Give Reasons For Adjournments: Karnataka High Court Issues Directions For Quasi-Judicial Authorities

The Karnataka High Court has directed the Principal Secretary to Department of Rural Development and Panchayat Raj to explore the possibility of making available hybrid hearings through video conferencing, at all quasi judicial authorities. A single judge bench of Justice Suraj Govindaraj said “In this age when courts have also installed hybrid hearings through video conferencing, the...

Karnataka High Court Weekly Round-Up: March 27 To April 2, 2023

Nominal Index:Omkarmurthy And State of Karnataka & Others. 2023 LiveLaw (Kar) 122HEALTHCARE GLOBAL ENTERPRISES LIMITED v. UNION OF INDIA & Others. 2023 LiveLaw (Kar) 123The Principal Secretary & ANR And Tejasco Techsoft Private Limited. 2023 LiveLaw (Kar) 124K. Madal Virupakshappa And State of Karnataka. 2023 LiveLaw (Kar) 125T Roopeshkumar @ Roopi And State of Karnataka. 2023...

Rule Whittling Down Input Taxes Refund Paid In Course Of Making A Zero-Rated Supply Is Ultra Vires: Karnataka High Court

The Karnataka High Court has an amendment to Rule 89(4) (C) of the CGST Rules by Notification 16/2020-CT dated 23.03.2020 is illegal, arbitrary, unreasonable, irrational, unfair, unjust, and ultra vires Section 16 of the IGST Act and Section 54 of the CGST Act.The Bench of Justice S.R.Krishna Kumar has observed that Rule 89(4)(C) of the CGST Rules is ultra vires Section 54 of the CGST Act...

Karnataka High Court Monthly Digest: March 2023 [Citation 85 -133]

Nominal Index:B Ranganath Hegde And Karnataka State Legal Services Authority & Others. 2023 LiveLaw (Kar) 85Kattemane Ganesha v. State of Karnataka. 2023 LiveLaw (Kar) 86M/s Inditrade Fincorp Pvt Ltd And Union of India & Others. 2023 LiveLaw (Kar) 87Jayanna B @ Jayaram And State of Karnataka. 2023 LiveLaw (Kar) 88P S Leelavathi v. N Ravi Shankar & others. 2023 LiveLaw...

'Not Accused In Any Crime, Not Shown As Guarantor To Loan': Karnataka High Court Allows Businessman To Travel To Saudi Arabia, UAE

The Karnataka High Court has permitted a businessman,against whom a look out notice was issued by the Bureau of Immigration in connection with a loan default case, to travel to UAE and Saudi Arabia. A single judge bench of Justice M Nagaprasanna disposed of the petition filed by Himayath Ali Khan and said. “The petitioner is authorized to travel to United Arab Emirates and Saudi...

Karnataka High Court Permits Class X Student To Take Exams Without Opting For Kannada, Dismisses Appeal Against Single Bench Order

The Karnataka High Court on Thursday dismissed the Director of Karnataka Secondary Education Examination Board's appeal against an order of the Single judge bench that permitted a 10th standard student of Vidya Bharathi English School to take exams without opting for Kannada as one of the three languages. The State government has introduced Kannada Language Learning Rules, 2017. All schools,...

Trial Court Can Only Alter Or Add To Charges Already Framed, Can't Delete A Charge: Karnataka HC Allows Plea Against Deletion Of Charges In Rape Case

The Karnataka High Court has held that under Section 216 of Criminal Procedure Code, a trial court can only alter the charge or add to the charge which is already framed. It cannot delete a charge which has been already framed by it, said the courtA single judge bench of Justice S Vishwajith Shetty said: “If a charge is framed by the Trial Court for an offence which is not made out by...

Circulating Defamatory Cartoons In Institution's Internal Newspaper Against Expelled Member Attracts Charges U/S 500 IPC: Karnataka High Court

The Karnataka High Court recently refused to quash the defamation proceedings pending against the President of Bowring Institute, who allegedly circulated objectionable cartoons defaming the complainant (an expelled member of the institute), in the newsletter to other members of the institute. A single judge bench of Justice K Natarajan dismissed the petition filed by Anoop Bajaj and...