Land Mortgaged To Bank Can Be Sold In Case Of Default In Loan Repayment By Allotee: Karnataka High Court

The Karnataka High Court has held that once the state government allows land granted to be mortgaged to raise a loan for the construction of a house, in case of default of repayment of the loan, the bank cannot be restrained from selling the property to enforce the mortgage, citing the non-alienation clause in the grant.A Single Judge M I Arun held thus while quashing an endorsement dated 18-07-2023 issued by the authorities to South Canara District Central Co-operative Bank Ltd, refusing to...

Karnataka High Court Quashes Notification Reconstituting State Bar Council Committees, Says It Violates Council's Election Rules

The Karnataka High Court has quashed an October 28 notification issued by Chairman and Vice Chairman of State Bar Council to reconstitute committees of the Council, observing that the same was in violation of the State Bar Council (Election of Chairman and Vice-Chairman) Rules.Observing that rules are meant to ensure transparency, the court said that the action of reconstitution of the council's committees would set a precedent undermining the mandatory nature of the rules rendering regulatory...

Karnataka High Court Reserves Order On Plea To Quash FIR Involving Nirmala Sitharaman, BJP Leaders Over Alleged Electoral Bonds Extortion

Former State BJP president Naleen Kumar Kateel, seeking quashing of an FIR registered against him for allegedly extorting money under the guise of electoral bonds, told the Karnataka High Court on Wednesday that co-accused Finance Minister Nirmala Sitharaman and others are not in receipt of any property as has been defined in the relevant provision for the offence.Kateel further submitted that it was not as if the alleged victim was complaining and if the victim did complain the complexion of...

GO For Timely Supply Of Quality Seeds To Farmers At Reasonable Price Prevails Over Private Sellers' Right To Carry Business: Karnataka HC

The Karnataka High Court recently dismissed a petition challenging a Government Order directing purchase of certified and truthfully labelled seeds (TL) only from government agencies.A single judge K V Aravind dismissed the petition filed by M/s Karnataka State Certified Seed Producers Association and others stating, “Having regard to the object and the reasons stated in the Government Order to achieve the qualitative, quantitative and affordable certified seeds and the object of attaining...

Bonafide Intention To Get Her Child Adopted: Karnataka HC Nixes Trafficking Charge Against Woman Booked For Selling Her Child For Rs 15K

The Karnataka High Court recently quashed a criminal case against a woman booked for human trafficking, who allegedly sold her minor daughter for Rs 15,000 to a couple in Maharashtra as she was unable to maintain herself and her child.In doing so the court noted that the woman had a "bonafide intention" to get the child adopted, even though the procedure was not followed adding that...

11-Yr Yawning Gap: Karnataka HC Imposes 10K Cost On Former BJP Corporator's PIL Against Waste Plant Development Rights To Private Persons

The Karnataka High Court has dismissed a PIL filed by a former municipal corporator and BJP leader NR Ramesh, who had claimed that grant of developmental rights to private persons in lieu of land, for establishing a garbage wastage plant, had resulted in corrupt practice.In doing so the court noted that the plea was filed after over a decade since the order concerning the transferable...

Karnataka High Court Issues Notice On Plea Questioning RFP Issued For Microchipping Of Stray Dogs In Bengaluru

The Karnataka High Court on Tuesday issued notice to the Union of India and other respondents on a public interest litigation filed questioning the Request for Proposal (RFP) floated by Bruhat Bengaluru Mahanagara Palike (BBMP) for procuring and implanting microchip readers in the bodies of the stray dogs in the city of Bengaluru.A division bench of Chief Justice N V Anjaria and Justice K...

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates

The Karnataka High Court has reiterated that a person filing a private complaint before the Magistrate court has to file a sworn affidavit in support of the complaint.A Single judge, Justice Mohammad Nawaz, held thus while allowing a petition filed by Parvati Sharanappa and another person and quashed the FIR and private complaint initiated by Rayappa Jangali against them on charges of cheating. ...

Karnataka High Court Weekly Round-Up: November 11 - November 17, 2024

Citations: 2024 LiveLaw (Kar) 464 To 2024 LiveLaw (Kar) 471Nominal Index:B C Hanumantharaju AND Kavyashree & ANR. 2024 LiveLaw (Kar) 464Khaja Hussain AND State of Karnataka. 2024 LiveLaw (Kar) 465Nagaraj G K AND THE HON'BLE ADDL. LABOUR COMMISSIONER & Others. 2024 LiveLaw (Kar) 466Nagaraj G K AND THE HON'BLE ADDL. LABOUR COMMISSIONER & Others. 2024 LiveLaw (Kar) 466UNION BANK OF...

Blindness Doesn't Come In Way Of Discharging Duties Of Teacher: Karnataka HC Upholds Order To Consider 100% Visually Challenged Candidate

Quoting examples of visually impaired persons who have achieved great things in life such as Homer, Helen Keller and Louise Braille among others, the Karnataka High Court has observed that blindness would not come in the way of discharging duties of a teacher.A division bench of Justice Krishna S Dixit and Justice C M Joshi held thus while upholding an order passed by the Karnataka...

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship

The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Satish and quashed the case registered against him for sections 323,376,417,420,504,506 of the Indian Penal Code.A detailed order is yet to be made available. While granting interim relief and staying...

Waqf Board Can't Recall Administrator's Order Declaring Property As 'Private' Through Committee, Must Approach Court/ Tribunal: Karnataka HC

The Karnataka High Court recently has set aside an order passed by the Karnataka State Waqf Board, constituting a Law Committee to review and recall an order passed in the year 1976, by then Administrator of the Board which held that a portion of a property situated in Kumbarpete area of Bengaluru was private property and not Waqf Property.A single judge bench of Justice M G S Kamal allowed...