Karnataka High Court Weekly Round-Up: August 14 To August 20, 2023

Nominal Index:Shashikala & Others And Laxman Yadu Kadam and Others. 2023 LiveLaw (Kar) 306N Ravindranath Kamath And Sri Subramanyeshwara Cooperative Bank Limited & others. 2023 LiveLaw (Kar) 307SIVA RAMA KRISHNA And MR.SASI NARKIS BABU V & ANR. 2023 LiveLaw (Kar) 308Raufuddin Kacheriwalay & Others And State of Karnataka & others. 2023 LiveLaw (Kar) 309Malathy S B & Others AND State of Karnataka. 2023 LiveLaw (Kar) 310Nova Medical Centers Pvt Ltd And Sowmya & ANR. 2023 LiveLaw (Kar) 311Girinath B And State of Karnataka & Others. 2023 LiveLaw (Kar) 312Vinayak Metrani And Gadigevva @ Neelavva & Others. 2023 LiveLaw (Kar) 313Krishnaprasad A AND L Doreswamy. 2023 LiveLaw (Kar) 314Judgments/OrdersS.120 Evidence Act | Wife Competent To Depose On Behalf Of Plaintiff Even In Absence Of Power Of Attorney: Karnataka High Court Case Title: Shashikala & Others And Laxman Yadu Kadam and OthersCase No: REGULAR SECOND APPEAL NO. 1832 OF 2005Citation: 2023 LiveLaw (Kar) 306The Karnataka High Court has said the wife of a plaintiff, even in the absence of power of attorney issued to her, is competent enough to depose on behalf of the original plaintiff in a civil suit.A single judge bench of Justice V Srishananda, sitting at Dharwad, recently dismissed an appeal filed by Shashikala and others challenging an order passed by the First appellate court which reversed the trial court order dismissing the suit filed by Laxman Yadu Kadam, seeking a declaration of right over the disputed property and for restraining the defendants from disturbing the actual possession and lawful wahivat of the plaintiffs.No Special Treatment For Lawyers And Judges In Loan Recovery: Karnataka HC Dismisses Senior Advocate's Plea Against 'Coerced Proceedings' Case Title: N Ravindranath Kamath And Sri Subramanyeshwara Cooperative Bank Limited & othersCase No: WRIT PETITION NO. 3791 OF 2021 (GM-RES) C/W WRIT PETITION NO. 1 OF 2023.Citation: 2023 LiveLaw (Kar) 307The Karnataka High Court recently dismissed a petition filed by Senior Advocate N Ravindranath Kamath, challenging the 'coercive' loan recovery proceedings instituted against him under the SARFAESI Act by the Sri Subramanyeshwara Cooperative Bank Limited for being a chronic loan defaulter.Justice Krishna S Dixit said, “A borrower is a borrower, whether he is a practising lawyer or a sitting Judge. Loan laws do not provide for favourable treatment to them differential qua other borrowers, when they become chronic defaulters. An argument to the contrary offends equality/parity in matters of loan recovery and therefore, cannot be countenanced.”Dark Web | Karnataka High Court Refuses To Quash 'Light Combat Aircraft' Data Theft Case Against 27-Yr-Old Aerospace Engineer Case Title: SIVA RAMA KRISHNA And MR.SASI NARKIS BABU V & ANRCase No: CRIMINAL PETITION No.1985 OF 2023Citation: 2023 LiveLaw (Kar) 308The Karnataka High Court has refused to quash criminal proceedings initiated against 27-year-old, who is accused of leaking the data of the Light Combat Aircraft developed under the Tejas programme by Aeronautical Development Agency, on the dark web for enriching himself.A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Siva Rama Krishna Chennuboina seeking to quash proceedings initiated in 2021 against him under sections 66, 66(F), 84(C) of the Information Technology Act, 2008 and Section 380 of the IPC.Haj | Chairman's Tenure Cannot Be Extended Beyond Tenure Of Committee: Karnataka High Court Case Title: Raufuddin Kacheriwalay & Others And State of Karnataka & othersCase No: WRIT PETITION NO.648 OF 2023Citation: 2023 LiveLaw (Kar) 309The Karnataka High Court has dismissed a petition filed by the Chairman and Members of the State Haj Committee to extend the tenure of the Chairman and the Committee, beyond three years from the date of election, as the appointment of the Chairman was notified at a belated stage, post directions from the High Court.A single judge bench of Justice Krishna S Dixit dismissed the petition filed by Raufuddin Kacheriwalay and others and said, "The office of Chairman ordinarily has a prescribed tenure and such tenure begins from the day one of the Committee regardless of its incumbency. Section 21(1) mandates the government to convene the maiden meeting of the Committee within 45 days of its formation for electing one of its members as the Chairman. If delay is brooked in conducting such a meeting that does not elongate the tenure of the electee as the Chairman. In other words, the tenure of the Chairman is coterminous with that of his membership and once he ceases to be a member by resignation, removal or expiry of his membership, his Chairmanship also stands determined."Karnataka High Court Refuses To Quash Abetment Of Suicide Case Against Three For Allegedly Teasing Colleague Over Sexual OrientationCase Title: Malathy S B & Others AND State of KarnatakaCase No: WP 11745/2023Citation: 2023 LiveLaw (Kar) 310The Karnataka High Court recently refused to ...

Karnataka High Court Weekly Round-Up: August 14 To August 20, 2023

Mustafa Plumber

Tags