Karnataka High Court
Pepper Spray A Dangerous Weapon, Can't Be Used For Private Defense When There's No Imminent Threat Or Danger Caused To Life: Karnataka High Court
The Karnataka High Court refused to quash a criminal case against C Ganesh Narayan, the Director of C.Krishniah Chetty & Company Private Limited and his wife accused of using pepper spray on the complainant who along with other security personnel is alleged of attempted to interfere with the petitioners' property.A single judge bench of Justice M Nagaprasanna dismissed the petition and said “The 2nd petitioner could not have used pepper spray as private defence, as prima facie there was no...
Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority
The Karnataka High Court recently granted bail to a POCSO rape accused after he and the guardian of the minor victim girl filed an affidavit in court agreeing for the accused to marry the victim immediately upon her attaining the age of majority.A single judge bench of Justice Rajendra Badamikar allowed the petition filed by Lokesh Kumar who was charged under Section 376(2)(n) of IPC and Sections 5(L), 5(n), 5(j)(2), 6, 20 and 21 of POCSO Act, 2012. It was alleged that the petitioner/accused and...
Writ Petition Not Maintainable Against Rejection Of Nomination By Returning Officer, Election Petition Only Remedy: Karnataka High Court
The Karnataka High Court has reiterated that a writ petition challenging the rejection of a candidate's nomination by the returning officer is not maintainable and the remedy for such candidate is to file Election Petition.A single judge bench of Justice M Nagaprasanna dismissed a petition filed by one V S Manjunath, who teaches in a college as guest lecturer and had challenged the order...
Karnataka High Court Weekly Round-Up: April 29 - May 05, 2024
Citations: 2024 LiveLaw (Kar) 202 To 2024 LiveLaw (Kar) 209Nominal Index: SRIVIDYA C G AND SERIOUS FRAUD INVESTIGATION OFFICE. 2024 LiveLaw (Kar) 202Jayashankar AND The Assistant Commissioner & Others. 2024 LiveLaw (Kar) 203Sultan Mohiyuddin & Others AND Habeebunissa & Others. 2024 LiveLaw (Kar) 204Somashekar AND State of Karnataka. 2024 LiveLaw (Kar) 205Dr Ravikumar N.K AND The...
ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court
The Karnataka High Court single bench of Justice Shivashankar Amarannavar held that the right to claim interest could be considered a pre-existing right or benefit only if explicitly determined in the contract of employment or in the resolutions governing service conditions. However, it held that neither the contract of employment nor the service conditions of the Workman outlined...
Company Must Be Necessary Party For Its Offenses Under Minimum Wages Act, Directors Can't Be Sued Separately For Vicariously Liability: Karnataka High Court
The Karnataka High Court single bench of Justice S Vishwajith Shetty held that a company must be accused as a necessary party for its offences under the Minimum Wages Act, 1948. Persons acting on its behalf, including directors, cannot be criminally prosecuted if the company itself is not named as an accused party. Brief Facts: Mr Padpara Patti and Mr...
Husband Telling Deceased To 'Hang Himself' For Allegedly Having Illicit Affair With Wife Doesn't Amount To Abetment Of Suicide: Karnataka High Court
The Karnataka High Court has quashed an abetment to suicide charge levelled against a husband accused of hurling abuses at a Father (Priest of a church) who allegedly had an affair with his wife.A single-judge bench of Justice M Nagaprasanna allowed the petition filed by one David D'souza and quashed the proceedings registered against him under Sections 306, 506, 504 and 201 of the Indian...
Karnataka High Court Monthly Digest: April 2024 [Citations 157 - 206]
Citations: 2024 LiveLaw (Kar) 157 To 2024 LiveLaw (Kar) 206Nominal Index: Syed Mohammed Hussain AND The Karnataka State Board of AUQAF & Others. 2024 LiveLaw (Kar) 157Fr. Valerian Fernandes AND State of Karnataka. 2024 LiveLaw (Kar) 158The Managing Director Karnataka Power Transmission Corporation Limited & Others and L Mallikarjunappa. 2024 LiveLaw (Kar) 159K C Cariappa AND Union...
[S.224 IPC] Separate Trial Permissible If Accused Escapes From Lawful Custody While Arrested In Another Crime: Karnataka High Court
The Karnataka High Court has dismissed a revision petition filed by an accused who was convicted by the trial court for running away from the lawful custody of the police under Section 224 of the Indian Penal Code.A single judge bench of Justice H P Sandesh dismissed the petition filed by Somashekar who was convicted by the trial court on 09.06.2014 and sentenced to suffer rigorous...
Karnataka HC Refuses To Quash Case Against Doctor Allegedly Involved In Illegal Medical Termination Of Pregnancy Scam
The Karnataka High Court has refused to quash proceedings initiated against a doctor who runs a private hospital and is alleged of huge scam of illegal termination of pregnancy in the hospital belonging to him.A single judge bench of Justice S Vishwajith Shetty dismissed the petition filed by Dr. Ravikumar N.K who had approached the court seeking to quash the proceedings initiated for...
Shariat Law Doesn't Override Stamp Act; Transfer Of Property By Way Of Settlement Deed Permissible Among Mohammedans: Karnataka High Court
The Karnataka High Court has held that the Muslim Personal Law (Shariat) Application Act, 1937, does not override Section 2(q) and Article 48 of the Karnataka Stamp Act 1957, which deal with the contract of “settlement” thus, the transfer of property by way of “settlement” is very much permissible even among Mohammedans.A single-judge bench of Justice Ananth Ramanath Hegde allowed...
Fraud U/S 23(1) Senior Citizens Act Limited To Breach Of Condition Of Upkeep Of Transferor, Can't Be Enlarged To Fraud In Civil Law: Karnataka HC
The Karnataka High Court has made it clear that the concept of fraud or coercion incorporated in the Section 23 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to be the ground to declare the gift deed as void is limited to the breach of condition that the transferee shall provide basic amenities and physical needs to the senior citizen-transferor.A division bench...