Right To Health/Medical Care A Fundamental Right, Enforceable Through Corresponding Obligation On State To Create Facilities: Karnataka HC

The Karnataka High Court has directed State Department of Health and Family Welfare, to constitute a three member Committee headed by its Secretary to continuously oversee and implement the mechanism to ensure medical facility and infrastructure–including medical and para-medical personnel at all levels–City, District and Rural.A division bench of Chief Justice N V Anjaria and Justice K...

Consensual Sexual Relationship Not Licence For Man To Assault Woman: Karnataka High Court Refuses To Drop Case Against Circle Inspector

The Karnataka High Court has refused to quash an attempt to murder case registered against a police officer who is accused to have assaulted a woman with whom he was in a consensual relationship for several years.Justice M Nagaprasanna said “I deem it appropriate to hold that consensual acts between the accused and the victim for having sexual relationship, can never become a licence to the...

Plea For Recovering Dues Against Vessel Under Admiralty Act, Which Is A Special Statute, Maintainable Before High Court: Karnataka HC

The Karnataka High Court has said that a petition filed seeking a decree against a vessel (ship) would be maintainable before the High Court under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and not before the Commercial Court.Justice Dr Chillakur Sumalatha held thus while dismissing the petition filed by Shipoil Limited, seeking to return the petition filed by M....

Karnataka HC Quashes SC/ST Act Case Against Bank Manager, Calls It Another Case Of Misuse Of Law Enacted To Protect Marginalised

The Karnataka High Court quashed a case registered against a private bank manager under the provisions of the Schedule Castes and the Schedule Tribes (SCST) (Prevention of Atrocities) Act after noting that it was yet another case of misuse of the special enactment which was enforced to protect the interests of the marginalized. Justice M G Uma passed the order while allowing the petition filed...

Proceedings Initiated Against Income Tax Assessee After His Death Cannot Be Continued Against Legal Representative: Karnataka HC

The Karnataka High Court has said proceedings initiated against an Income Tax Assessee by issuing notice after his demise cannot be continued against his/her legal representative.A division bench of Justice Krishna S Dixit and Justice G Basavaraja said, “Had the proceedings been initiated against the Assessee during his lifetime, they could have continued against the legal representatives...

Can't Permit Students To Go On Indefinite Strike: High Court Says Orally In Plea Seeking Another Re-Exam For Karnataka Administrative Service

The Karnataka High Court on Thursday (January 23) issued notice on a petition filed by All Karnataka State Students Association, seeking another re-examination for Karnataka Administrative Service (KAS) prelims 2024, which was first held on August 27 last year.The initial exam was scrapped on the heels of student protests over incorrect translation of English questions in the Kannada...

BJP Legislator CT Ravi Booked For Abusing Female Congress Leader Gets Interim Protection From Karnataka High Court Till January 30

The Karnataka High Court in an interim order on Thursday (January 23) asked the State not to precipitate till January 30 any action against BJP Legislator CT Ravi booked for allegedly using derogatory words against Congress Legislator Laxmi Hebbalkar inside the State Council at Belagavi.After hearing the arguments for some time, Justice M Nagaprasanna in its order dictated, "Heard parties....

Karnataka High Court Issues Notice To Centre On PIL To Appoint Adequate Number Of Experts To Examine And Certify Electronic Evidence

The Karnataka High Court on Thursday (January 23) issued notice to the Union of India while hearing a petition seeking a direction to designate adequate number of examiners/experts under section 79-A of the Information Technology Act for examining and certifying electronic evidence.A division bench of Chief Justice N V Anajaria and Justice M I Arun issued notice to the Union Government on...

Duty Of Deed Writers To Look Into All Papers Before Scribing A Deed, Which Includes Investigating Title Over Property: Karnataka HC

The Karnataka High Court has refused to quash a criminal case registered against a licensed deed writer accused of writing an agreement for the sale of a land based on a general power attorney (GPA) which was allegedly a forged one.Justice M Nagaprasanna dismissed the petition filed by one Shekar and said “Merely because he is a deed writer, the proceedings against him cannot be quashed, as...

Karnataka HC Asks Maharashtra Ekikarana Samiti To Respond To PIL For Banning Observation Of 'Black Day' On November 1

The Karnataka High Court on Wednesday (January 22) asked the State and Maharashtra Ekikarana Samiti (MES) to file their response to a public interest litigation plea seeking a direction to restrain MES from observing or publicizing black day on Kannada Rajyotsava (November 1) in Belagavi or any other Kannada speaking region.A division bench of Chief Justice N V Anjaria and Justice M I Arun...

Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked

The Karnataka High Court has said that there should be a gender-neutral society which aims at preventing separation of duties according to sex or gender and the focus should be on equal treatment of men and women both in domestic affairs and workplaces. The court disallowed a plea for transfer of a divorce petition filed by the wife and stated that the husband's convenience cannot be...

Gratuity Cannot Be Forfeited For Employee Who Was Dismissed For Allegedly Misappropriating Funds Without Proper Proceedings: Karnataka HC

The Karnataka High Court has held that in case no proceedings have been initiated against a delinquent employee for recovery of the alleged losses caused to the public institution due to their misappropriation, the question of the employer retaining the gratuity amount of the dismissed employee and forfeiting the same, would not arise.Justice Suraj Govindaraj held thus while dismissing...