Karnataka High Court Monthly Digest: October 2022 [Citations 386 - 435]

Nominal Index: V. SRINIVAS v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 386 ASSOCIATE LUMBERS PRIVATE LIMITED v. STATE BY CENTRAL BUREAU OF INVESTIGATION. 2022 LiveLaw (Kar) 387 GHODAWAT PACKERS LLP v. UNION OF INDIA. 2022 LiveLaw (Kar) 388 K S MAHADEVAN v. CYPRIAN MENEZES. 2022 LiveLaw (Kar) 389 THE KARNATAKA STATE ROAD TRANSPORT CORPORATION v. GANGANNA. 2022 LiveLaw...

UR Category Candidates Can Be Excluded From Selection Process If Statute Disentitles Their Consideration Even In Absence Of Reserved Category Candidate: Kerala HC

The Kerala High Court on Thursday observed that Unreserved Category Candidates can be excluded from the selection process itself, if the statute disentitle their consideration for vacancies earmarked for a particular reserved category, even in the absence of suitable candidates. Division bench consisting of Justice P.B. Suresh Kumar and Justice C.S Sudha said that permitting open...

[Custody Battle] Children Have Right To Company Of Both Parents, Severing Contact With One Parent Snaps Emotional & Psychological Bond: Kerala HC

The Kerala High Court recently reiterated the settled position that while considering custody matters, Court must pass orders ensuring that the child is not totally deprived of the love, affection and company of one of the parents.The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar observed that if the child is denied the opportunity to interact with one of...

Irked By Recurring Instances Of Improper Police Investigations, Karnataka HC Asks DGP To Formulate SOP; Initiate Disciplinary Action For Violation

Irked by the recurring number of cases where the Police investigation is not up to the mark, the Karnataka High Court has asked the Director General of Police to have a standard operating procedure (SOP) for investigating different crimes and to hold disciplinary proceedings against the investigating officers if the SOP established is not adhered to. A division bench of Justice...

Ensure Necessary Training Of Officers On Handling Of Electronic Evidence: Karnataka HC To State DGP, Director Prosecution & Registrar General

The Karnataka High Court has directed the Director General of the Police, the Director of Public Prosecution and HC Registrar (General) to make arrangements for necessary training of their officers in respect of receiving, handling, storage and use of electronic evidence.A division bench of Justice Suraj Govindaraj and Justice G Basavaraja sitting at Dharwad, issued the directions for...

CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court

The Kerala High Court recently observed that the Central Bureau of Investigation (CBI) is not liable to furnish any information sought under the RTI Act, as it is included in the second schedule in contemplation of Section 24 of the RTI Act which exempts certain organisations from the Act.As per Section 24 of the RTI Act, the Act shall not apply to the intelligence and security...

'Time Is Not Far When Handwritten Docs Will Not Be Accepted By Courts': Karnataka HC Asks DGP To Constitute Task Force For Digitization Of Records

The Karnataka High Court has directed the Director General of Police (DGP) to establish a Task Force to work out a methodology of sharing the existing digital records with courts and to consider digitization of all processes.While dealing with a criminal appeal where it was put to "great difficulty" in going through the documents submitted by the investigation officer, a division bench...

Plea In Kerala HC Challenges Magistrate's Order, Seeks Police Probe Into Alleged Attack On Governor In 2019

A lawyer has filed a petition before the Kerala High Court against a judicial magistrate's decision to not order investigation on a Section 156(3) CrPC complaint related to the alleged heckling of Governor Arif Mohammed Khan during a conference at Kannur University in December 2019.Since the police had earlier allegedly not acted on his complaint, the complainant in September moved an...

Punjab & Haryana HC Grants Relief To Candidate Declared 'Unfit' For Constable Post Based On Criminal Case Against Father

Punjab and Haryana High Court recently came to the aid of a candidate who was denied appointment to the post of Police Constable citing criminal antecedents, on the ground that he was neither named in the alleged FIR, nor summoned or charge-sheeted.The bench comprising Justice Jaishree Thakur was informed that the alleged FIR was falsely registered against the father of the petitioner and...

Delhi High Court Awards ₹20 Lakh To Louis Vuitton In Trademark Infringement Suit Against Club Factory

The Delhi High Court has awarded Rs. 20 lakhs costs in favour of French luxury fashion house Louis Vuitton Malletier in its trademark infringement suit against Club Factory, a China-based e-shopping website which was banned in India in 2021.Though the suit was decreed on March 24 when a permanent injunction was granted against the Chinese website and now it was listed for ex-parte evidence...

Merely Because Victim Is Same Doesn't Mean Offence Is Same: Karnataka HC Permits Registration Of Separate FIRs For Minor's Rape By Several Accused

The Karnataka High Court has upheld registering of multiple FIRs against different persons accused of rape based on the complaint of a minor girl who was allegedly forced into prostitution. A single judge bench of Justice M Nagaprasanna said,"There was physical contact of every man who had come in contact with a minor girl. Those are separate incidents which may have happened on the...

Daughter's Application For Compassionate Appointment Cannot Be Rejected Merely Because She Subsequently Married: Rajasthan HC

The Jaipur Bench of the Rajasthan High Court, while disposing of a writ petition filed by a married woman claiming compassionate appointment upon her father's death, has held her to be entitled to claim such appointment, since the application for compassionate appointment was made by her while she was still unmarried. The petitioner submitted that her now deceased father used to work...