Karnataka High Court Strikes Down Centre's Green Energy Open Access Rules, Says It Lacks Legislative Competence

The Karnataka High Court has struck down the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules 2022 framed by the Central Government for generation, purchase and consumption of green energy i.e., electrical energy from renewable sources of energy.A single judge, Justice N S Sanjay Gowda observed that the Centre lacks power under Electricity, 2003 Act to frame...

Karnataka High Court Requests Law Commission To Frame Guidelines To Deal With Pledging Of Stolen Gold With Gold Finance Companies

The Karnataka High Court has requested the Law Commission, Karnataka to formulate necessary guidelines/rules in respect of stolen gold being pledged with gold finance companies, the implication of pledging such stolen gold and the procedure for dealing with it when criminal proceedings are initiated. Justice Suraj Govindaraj noted that there are innumerable matters coming up before this...

University Need Not Insist On +2 Passing Certificate To Determine Eligibility For 3-Yrs LLB Course If Student Produces First Degree: Karnataka HC

The Karnataka High Court has said that the question of considering Higher Secondary (10+2) pass certificate for admission to LLB course would be irrelevant so long as the candidates were to have a First degree issued by any recognised University.A single judge Justice Suraj Govindaraj held thus while allowing the petition filed by one Rakesh Shetty and said “In respect of proviso to Rule...

Karnataka High Court Monthly Digest: December 2024 [Citations: 490 - 532]

Citation 2024 LiveLaw (Kar) 490 to 2024 LiveLaw (Kar) 532Nominal IndexUnion of India & Others AND Government of Karnataka & Others. 2024LiveLaw (Kar) 490DODDABALLAPUR SPINNING MILLS AND THE BANKING OMBUDSMAN & Others. 2024 LiveLaw (Kar) 491Sourish Bose & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 492Naleen Kumar Kateel v State of Karnataka. 2024 LiveLaw...

Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur

The Karnataka High Court has upheld the notifications issued by the Bangalore Development Authority to acquire land for construction of Peripheral Ring Road-II, between Hosur-Mysore Road and Tumakur Road.Single judge Justice E S Indiresh upheld the Preliminary as well as the Final Notifications issued in 2005 and 2011 respectively, under Section 24 of the Right to Fair Compensation...

Karnataka High Court Rejects PIL Against Re-Modeling Of Bengaluru's Gandhi Bazaar, Says It's For Larger Public Convenience

The Karnataka High Court recently dismissed a public interest litigation seeking to stop the Gandhi Bazaar Market Street Redesign project which is at the final stage of completionA division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by Heritage Basavanagudi Residents Welfare Forum and said “The Gandhi Bazaar Market Street Redesign project is...

Atul Subhash Suicide| 'Ingredients For Abetment Of Suicide Prima Facie Made Out' : Karnataka HC Refuses To Stay Investigation Against Wife

The Karnataka High Court on Monday orally observed that it cannot quash the complaint filed against Nikita Singhania for allegedly abetting the suicide of her husband Atul Subhash, a Bangalore based techie, as prima facie ingredients of the offence are made out in the complaint.Atul Subhash died by suicide on December 9, 2024. He left behind a video accusing his wife and in-laws of harassing...

Children/Third Parties Cannot Appeal Against Maintenance Order Passed Under Parents & Senior Citizens Act: Karnataka High Court

The Karnataka High Court has held that the right of appeal against an order passed by the Assistant Commissioner under Maintenance and Welfare of Parents and Senior Citizens Act, is only available to senior citizens and parents and no such right is extended to children or third parties.A division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while partly allowing an...

When Investigation Is Substantially Completed By Improper Officer, SCN Issued U/S 74 Of CGST Act Is Liable To Be Set Aside: Karnataka HC

The Karnataka High Court held that when investigation is substantially completed by improper officer, show cause notice issued by proper officer u/s 74 of CGST Act is liable to be set aside. The Bench of Justice M.I. Arun observed that “…..substantial part of the investigation including search and seizure of the materials has been done by respondent no.2 who is not the proper...

In Revision Jurisdiction While Considering Discharge Plea Court Has To Only See If IO Collected Sufficient Material Or Not: Karnataka HC

The Karnataka High Court has said that scope of revision is very limited against the discharge application and the Court has to consider only the material on record collected by the Investigating Officer whether sufficient or not.Justice H P Sandesh held thus while dismissing the petition filed by Dr Mohankumar M. Referring to judgments of the Supreme Court It said, “The Court cannot conduct...

Karnataka High Court Weekly Digest: December 23 - December 29, 2024

Citation 2024 LiveLaw (Kar) 526 to 2024 LiveLaw (Kar) 531Nominal Index:M Manjula & Others AND Deputy Commissioner & Others. 2024 LiveLaw (Kar) 526Union Bank of India & ANR AND V Harsih D Kamath & ANR. 2024 LiveLaw (Kar) 527G Swamy AND B Devendrappa. 2024 LiveLaw (Kar) 528Ms X AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 529Chandra @Chandrashekhara Bhat AND State...

'Permitting Trial Would Be An Exercise In Futility': Karnataka High Court Quashes 'Oldest Case' In State After 44 Yrs

Closing perhaps the oldest criminal matter in the state, the Karnataka High Court recently quashed a 44-year old murder case registered against a man who is now 68 years old, remarking that permitting a trial would be a futile exercise. Justice M Nagaprasanna while allowing the petition by Chadra alias V Chandrashekara Bhat, and after taking note of the facts observed that the impossibility...