Karnataka High Court
Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court
The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act on the ground that cognizance had already been taken of the complaint. A single judge bench of Justice Mohammad Nawaz allowed the plea challenging the order of the trial court dated February 9, and granted them anticipatory bail on the execution of a Bond in a...
Rights Of Adopted Children Of Citizens Can't Be Marooned: Karnataka HC Directs CARA To Consider Granting NOC For Child Adopted From Non-Hague Convention Country
The Karnataka High Court has directed the Central Adoption Resource Authority (CARA) to consider the representation of a couple who are Indian Citizens and have adopted a child in Uganda, a country which is not a signatory to the Hague Convention 1995 and seeking to legalise the adoption in India in terms of Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations of CARA, 2022. A single judge bench of Justice M Nagaprasanna allowed the petition and...
Second Spouse Or Their Family Can't Be Prosecuted For Bigamy Under Section 494 IPC: Karnataka High Court
The Karnataka High Court has made it clear that it is only the husband or wife who marries for the second time during the subsistence of an earlier marriage and the life time of the earlier spouse, who can be prosecuted under Section 494 of the Indian Penal Code.A single judge bench of Justice Suraj Govindaraj added that the second spouse or their parents can't be prosecuted under the provision.The respondent herein had filed a private complaint against her husband alleging he entered into...
Superintendent In Medical Institution Cannot Hold Additional Charge Of Head Of Department: Karnataka High Court
The Karnataka High Court has held that a Medical Superintendent of an Autonomous Medical Institution cannot be given an additional charge of Head of Department.A single-judge bench of Justice Sachin Shankar Magadum allowed the petition filed by Dr. Sridhara S and quashed the official memorandum issued by the Shivamogga Institute of Medical Sciences appointing Dr. T.D. Thimmappa as an...
Karnataka HC Imposes Costs Of ₹10 Lakh On New Indian Express For Publishing Inquiry Report Against District Judge Which Had Been Rejected By Full Court
The Karnataka High Court has imposed a cost of Rs 10 lakh on the owner of Express Publications (Mudhurai) Ltd, which publishes the New Indian Express newspaper for publishing a report indicating the findings of an inquiring Authority report conducted against a district judicial officer, even when the Administrative Committee, of the High Court had already resolved to not accept the Report of...
Karnataka High Court Refuses To Quash Kannada Actor Sudeep's Defamation Complaint Against NM Suresh
The Karnataka High Court has refused to quash a defamation complaint filed by Kannada Actor Sudeep S against N M Suresh who is the office bearer of the Kannada Film Producers Association and Secretary of the Film Chamber of Commerce for allegedly making false acquisitions against Sudeep.A single judge bench of Justice S Vishwajith Shetty dismissed the petition filed by Suresh seeking to quash...
Disputed Property Rights Can't Be Dealt With In Writ Jurisdiction, Writ Courts Can Only Take Note Of Already Established Rights: Karnataka HC
The Karnataka High Court has made it clear that contested property rights cannot be dealt with in writ jurisdiction. The writ court can at the best take notice of the property rights of the parties which are already established rights.A division bench of Chief Justice N V Anjaria and Justice Krishna S Dixit dismissed an appeal filed by Althaf Ahamed, challenging an order of the single judge...
Emotion Should Not Become An Influencing Factor To Impose Death Penalty: Karnataka High Court Reduces Sentence For Beheading Mother's Head
The Karnataka High Court has set aside the death penalty imposed on an accused for murdering his mother by beheading her, and sentenced him to life imprisonment.A division bench of Justice Sreenivas Harish Kumar and S Rachaiah partly allowed the appeal filed by accused Thimmappa challenging the conviction and death sentence imposed on him by the trial court under section 302 of the India...
Only Authorised Person Responsible For Quality Control Of Fertiliser Products Can Be Prosecuted, Not Directors Of Company: Karnataka High Court
The Karnataka High Court has quashed criminal prosecution initiated against one Amith M Jain, Managing director of a company who was charged under sections 3 (1), 13 (2), 19 (b) of the Fertilizer Control Order, 1985, read with Sections 3(2)(d) of Essential Commodities Act, 1955.A single judge bench of Justice S Vishwajit Shetty said,“The material on record would go to show that the...
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...
Karnataka High Court Stays Investigation Against BJP MP Tejasvi Surya For Posting Allegedly Objectionable Tweets, Violating Model Code Of Conduct
The Karnataka High Court on Friday stayed further investigation in an FIR registered against MP Tejasvi Surya under Sections 153A, 295A of the Indian Penal Code and Section 123 (3A) of the Representation of People Act, for allegedly posting objectionable tweets. A single judge bench of Justice Krishan S Dixit granted interim relief. It is alleged that on March 17, few men assaulted a...
Average Income Is To Be Considered If Variations Found In Income Tax Returns Filed By Claimant: Karnataka High Court
The Karnataka High Court has held that if income tax returns are available the same should be considered as best a piece of evidence and if variations are found in the income tax returns, considered for different assessment years, it would be appropriate to consider the average income of three assessment years to arrive at the annual stable income of the claimant seeking compensation under...