Karnataka High Court Weekly Roundup: March 18 - March 24, 2024

Citations: 2024 LiveLaw (Kar) 130 To 2024 LiveLaw (Kar) 141Nominal Index:ABC AND XYZ. 2024 LiveLaw (Kar) 130M/S MARGADARSI CHITS (K) PVT. LTD AND H SRINIVAS REDDY & Others. 2024 LiveLaw (Kar) 131Bhuvaneshwari AND Prashanth Kumar. 2024 LiveLaw (Kar) 132.Alfa S AND The Chief Secretary & Others. 2024 LiveLaw (Kar) 133Nawaz Pasha & Others AND State of Karnataka. 2024 LiveLaw (Kar) 134Mohammed Jabir AND National Investigation Agency. 2024 LiveLaw (Kar) 135Dr Madhukar G Angur AND Directorate of Enforcement. 2024 LiveLaw (Kar) 136Sudha Katwa AND The Registrar General & Others. 2024 LiveLaw (Kar) 137Abdul Basheer & Others AND Inspector General of Police (Prisons) & Others. 2024 LiveLaw (Kar) 138THE ACCOUNTANT GENERAL'S OFFICE EMPLOYEES CO-OPERATIVE BANK LTD AND UNION OF INDIA & Others. 2024 LiveLaw (Kar) 139State of Karnataka & Others And REGISTERED UNAIDED PRIVATE SCHOOLS MANAGEMENT ASSOCIATION KARNATAKA & others.2024 LiveLaw (Kar) 140Jayashree AND Mahaningappa & Others. 2024 LiveLaw (Kar) 141Judgments/OrdersMatrimonial Dispute | Strong Prima Facie Evidence Needed To Refer Wife To Board Of Psychiatrist For Medical Examination: Karnataka High Court Case Title: ABC AND XYZCase No: WRIT PETITION No.26295 OF 2023Citation No: 2024 LiveLaw (Kar) 130The Karnataka High Court has said that there should be strong prima facie evidence to consider an application filed by the husband who is seeking divorce, to refer the wife to a Board of Psychiatrists for medical examination on the ground of her being of unsound mind.A single judge bench of Justice M Nagaprasanna dismissed a petition filed by a husband who questioned the order of the family court which kept in abeyance his application seeking to refer the wife to a Board of Psychiatrists at NIMHANS for medical examination. It also imposed a cost of Rs 50,000 on the petitioner (husband) to be paid to the wife.Chit Funds Act | Appellate Authority's Order U/S 70 Is Final, High Court Can't Sit In Appeal: Karnataka HC Case Title: M/S MARGADARSI CHITS (K) PVT. LTD AND H SRINIVAS REDDY & OthersCase NO: WRIT PETITION NO. 66982 OF 2011Citation No: 2024 LiveLaw (Kar) 131The Karnataka High Court has held that there is only one statutory appeal against an order passed under Section 69 of the Chit Funds Act and an order passed by the Appellate Authority under Section 70 of the Act is final and no appeal lies against it before the High Court.A single judge bench of Justice M.I. Arun dismissed the petition filed by M/s Margadarsi Chits (K) Pvt. Ltd which had challenged the order passed by the Joint Registrar of Chits.Photostat Copy Of Unregistered Sale Agreement Can't Be Admitted As Secondary Evidence In Trial Only On Basis Of Accused's Admission: Karnataka HC Case Title: Bhuvaneshwari AND Prashanth KumarCase No: WRIT PETITION NO. 18433 OF 2023Citation No: 2024 LiveLaw (Kar) 132.The Karnataka High Court has held that a photostat copy of an unregistered agreement to sell cannot be admitted as secondary evidence in a trial under section 138 of the Negotiable Instruments Act, only because the accused claims the signature on the document is his.A single judge bench of Justice S Vishwajith Shetty dismissed a petition filed by one Bhuvaneshwari challenging an order of the trial court 29.12.2022, dismissing his plea to permit him to mark the said document.Suit For Direction To Rectify School Records Based On Caste Certificate Maintainable Before Civil Court: Karnataka High Court Case Title: Alfa S AND The Chief Secretary & OthersCase No: R.S.A.NO. 359 OF 2022 (DEC/INJ) C/W R.S.A.NO. 340 OF 2022Citation No: 2024 LiveLaw (Kar) 133The Karnataka High Court has held that if the relief sought in the plaint is restricted to seeking a direction to rectify school records based on caste certificate issued by the Tahsildar, the plaintiff's remedy is only under common law before the competent civil Court.A single judge bench of Justice Sachin Shankar Magadum while allowing an appeal filed by Ms Alfa S and others, challenging the order of the first appellate court, dismissed the suits seeking relief of mandatory injunction by way of direction to defendants to amend caste in the school records, on the ground that the reliefs were barred under Section 9 of Civil Procedure Code.[Padarayanapura Riots] Karnataka HC Quashes Case Against 375 People Alleged To Have Obstructed Civic Officials During COVID-19 Lockdown Case Title: Nawaz Pasha & Others AND State of KarnatakaCase No: CRIMINAL PETITION NO. 5913 OF 2022 C/W CRIMINAL PETITION NOS. 552/2021, 1008/2021, 5799/2022, 5821/2022, 5832/2022 AND 5893/2022Citation No: 2024 LiveLaw (Kar) 134The Karnataka High Court has quashed criminal prosecution initiated against 375 people alleged to have formed an unlawful assembly, armed with weapons in the Padarayanapura area on 19.4.2020 when there was a Covid-19 lockdown.They allegedly stopped BBMP personnel from doing their official duty of securing 58 COVID-19-infected persons for being shifted to quarantine centres.A single...

Karnataka High Court Weekly Roundup: March 18 - March 24, 2024

Mustafa Plumber

Tags