“Lack Of Criteria Violates Articles 14, 16”: Karnataka High Court Directs State To Frame Rules For Appointments To Courts For Land Grabbing Cases

The Karnataka High Court recently directed the State government to frame, in three months, appropriate guidelines for selection and appointment of Chairperson and Members to the Karnataka Land Grabbing Prohibition Special Courts.Justice Ashok S Kinagi, while allowing a petition filed by a former district judge, Devananda Puttappa Nayak said, "The impugned notice or advertisement issued by...

Karnataka High Court Orders Refund Of ₹10 Crore, Says Payment During GST Search Was 'Not Voluntary' U/S 74(5) CGST Act

The Karnataka High Court held that the assessee's payment of Rs. 10 crores could not be treated as a voluntary payment under Section 74(5) of the CGST Act (Central Goods and Services Tax Act), as the DRC-03 shows 'NIL' entries for both interest and penalty. The bench observed that the 'NIL' entries clearly indicated that the payment was made by the assessee under coercion and...

Karnataka High Court Issues Notice On PhonePe's Appeal Against Order Allowing Police To Seek User Details, Transaction Data

The Karnataka High Court on Wednesday issued notice to the State Government on an appeal preferred by digital payment intermediary 'Phonepe', challenging a single judge order which had dismissed its petition questioning a police notice seeking transaction details/ full account credentials of its registered users and merchants, while investigating a criminal case.A division bench of Chief...

Karnataka High Court Quashes Overnight Removal Of Govt Pleader; Says 'Doctrine Of Pleasure' Not A Licence For Arbitrary Action

The Karnataka High Court has set aside a notification cancelling the appointment of an Additional District Government Pleader within 24-hours of his appointment and appointing another advocate in his place.A single judge, Justice M Nagaprasanna said,“The appointment made is on one day, and undone the next day, within a span of just 24 hours. The petitioner so appointed, as Government...

'Proceeds On Conjecture, Devoid Of Reasons': Karnataka High Court Quashes Order Barring Seer's Entry In Dharwad For Two Months

The Karnataka High Court (Dharwad bench) on Tuesday (November 25) set aside a prohibitory order dated November 04 passed against Adrushya Kadeshwara Swamiji, restraining him from entering the territorial limits of Dharwad district, for the period commencing from November 05 till January 03 next year.Justice M Nagaprasanna allowed the petition and said: "The order is devoid of reasons,...

Karnataka High Court Declines PIL Seeking Equal Qualifying Marks For OBC & SC/ST Students In KLSU 3-Yr LLB Admissions

The Karnataka High Court on Tuesday disposed of a public interest litigation filed seeking to declare that the fixation of 42 percent minimum qualifying marks without gazette notification for OBC candidates for admission to the 3-year LLB course by Karnataka State Law University (KSLU) as illegal, arbitrary, and ultra vires.A division bench of Chief Justice Vibhu Bakhru and Justice C M...

Civil Rights Enforcement Cell Can't Take Up Suo Motu Investigation Over Validity Of Caste Certificates: Karnataka High Court

The Karnataka High Court has observed that the Civil Rights Enforcement Cell does not have the power to take up suo motu investigation into cases related to validity of caste certificates."....the Civil Rights Enforcement Cell does not have the power to take up suo motu investigation into the caste certificate of the petitioner," Justice M Nagaprasanna said while allowing a petition filed by...

Motor Accident Victim Seeking Compensation Must Lodge Complaint In Time: Karnataka High Court

The Karnataka High Court recently upheld an order of the Motor Accidents Claim Tribunal which refused compensation to a claimant, observing that the possibility of planting or involving the offending vehicle in the alleged accident cannot be ruled out.A single judge, Justice P Sree Sudha dismissed the appeal stating, "the delay is not at all explained and injured not filed any certified copies...

“No Burials Anywhere Except Designated Areas”: Karnataka High Court On Illegal Burial On Private Premises

The Karnataka High Court on Monday observed that without permission, nobody can be buried anywhere except in designated areas (burial ground).A single judge, Justice Suraj Govindaraj, said, “This is a sensitive issue, if you allow this to happen which you allowed, it would result in a law and order issue...It is not a simple question of one body buried. It would have vast...

“Toil Without Wages Strikes At Heart Of Human Dignity”: Karnataka High Court Directs Release Of 19 Months' Pending Salary To Govt Teachers

In a case concerning government teachers who had not been paid their salaries for 19 months, the Karnataka High Court recently said, “To force these teachers or indeed any employee, to toil without wages strikes at the very heart of human dignity and stands in stark violation of Article 23 of the Constitution of India, which proscribes begar in all its forms.”Justice M. Nagaprasanna made...

'Would Be Menace To Society If Released': SIT Opposes Before Karnataka High Court Prajwal Revanna's Plea To Suspend Sentence In Rape Case

Opposing convicted former MP Prajwal Revanna's plea for suspension of life sentence and grant of bail in a rape case, the Special Investigation Team told the Karnataka High Court on Monday (November 24) that if enlarged on bail he is not only likely to indulge in similar offences but would also be a menace to the society.Special Public Prosecutor Professor Ravivarma Kumar arguing for the...

'Absence Of Rules Can't Justify A Ban; State Can't Go Beyond Motor Vehicles Act': Aggregators, Bike-Taxi Owners To Karnataka High Court

The Karnataka High Court today resumed hearing the appeals filed by transport aggregators [Rapido, Uber and Ola] against a single-judge order that had barred bike-taxi operations in the State until guidelines were framed under the Motor Vehicles Act, 1988. Before a bench of Chief Justice Vibhu Bakhru and Justice C M Joshi, Ola, Uber and a group of bike taxi owners, primarily contended...