Karnataka High Court
Leave Encashment Not Discretionary Bounties But Legal Rights Enforceable Under Constitution: Karnataka High Court
A single judge bench of the Karnataka High Court comprising of Justice Sachin Shankar Magadum in the case of H Channaiah Vs Chief Executive Officer, Zilla Panchayath And Ors has held that Leave encashment cannot be viewed as discretionary bounties but as legal rights enforceable under the Constitution of India Background Facts H Channaiah (Petitioner) worked as a waterman in the...
Karnataka High Court Releases Life Convict On Parole After Wife Files Plea Claiming She Was Being Deprived Of Her Right Of Progeny
The Karnataka High Court has allowed a petition filed by a wife seeking parole leave for her husband who is a life convict on the ground that she is deprived of her right of progeny.A single judge bench of Justice S R Krishna Kumar allowed the petition of the woman in part and granted general parole for a period of 30 days to the convict which would become operational from 05.06.2024...
Non-Alienating Members Of Joint Family Cannot Be Impleaded In Suit Filed For Specific Performance Of Contract: Karnataka High Court
The Karnataka High Court has held that even if the property which is the subject matter of the agreement to sell is the ancestral property, non-alienating members of a joint family have no locus to contest the suit for specific performance.A single judge bench of Justice Sachin Shankar Magadum sitting at Dharwad bench dismissed the petition filed by Rasheedabanu Mohammed Goush Kwati and...
Gift Deed Executed By Senior Citizen Father In Favour Of Son Can't Be Cancelled If Condition Of Upkeep By Son Is Not Mentioned: Karnataka High Court
The Karnataka High Court has held that a gift deed executed by a senior citizen in favour of his son releasing his property who subsequently sells it, cannot be cancelled by the Assistant Commissioner of Senior Citizen Tribunal, if there is no condition mentioned in the gift deed of maintaining the father (donor).A single judge bench of Justice M Nagaprasanna allowed the petition filed by...
State Can't Extract Additional Work And Not Pay: Karnataka High Court Orders State To Pay Licensed Surveyors As Per 2008 GO
The Karnataka High Court has come to the aid of 1131 licensed surveyors in the Department of Survey, Settlement and Land Records, by directing the State government to settle their claims and pay to them the remuneration in terms of Government Order dated 12.08.2008, after ascertaining the additional work done by them.As per the government order it was decided to pay Rs.500 for Tatkaal Phodi...
Karnataka High Court Asks Centre To Consider Representation For Release Of Passport Of Nurse Who Travelled From Yemen Despite Ban
The Karnataka High Court has directed the Regional Passport officer to consider and pass necessary orders within four weeks on the representation to be made by a qualified nurse for return of her passport, which came to be seized as she had travelled from Yemen in violation of a 2017 government notification issued citing national security concerns amid India's strained relationship with...
Karnataka High Court Monthly Digest: May 2024 [Citations 207 - 242]
Citations: 2024 LiveLaw (Kar) 207 To 2024 LiveLaw (Kar) 242Nominal Index:David D'souza AND State of Karnataka. 2024 LiveLaw (Kar) 207Padpara Patti, Syed Basha Aysb and Anr. vs The Labour Department Government of Karnataka Office at Labour Officer and Anr. 2024 LiveLaw (Kar) 208The Management Of Nwkrtc, Gadag Division Vs Manjunath. 2024 LiveLaw (Kar) 209V S Manjunath AND Chief...
Construction Of Memorial For Film Actor Cannot Be Subject Matter Of PIL: Karnataka High Court
The Karnataka High Court on Tuesday dismissed a public interest litigation seeking directions to the state government to grant 10 guntas of land for construction of a memorial for late Kannada film actor Dr Vishnuvardhan, on the land where he has been cremated in 2009.A division bench of Chief Justice N V Anjaria and Justice K V Aravind said,“Construction of memorial of a film star...
[S.139 NI Act] Presumption Is In Favour Of Complaint If Accused In Reply Notice Admits Availment Of Loan: Karnataka High Court
The Karnataka High Court has held that there is presumption in favour of the complainant under Section 139 of the Negotiable Instruments Act, when in the reply notice issued by the accused to the complainant the transaction of availment of loan is admitted again calling upon the complainant to prove the transaction does not arise at all.A single-judge bench of Justice Rajendra Badamikar...
Karnataka High Court Weekly Roundup: May 27 - June 02, 2024
Citations: 2024 LiveLaw (Kar) 233 To 2024 LiveLaw (Kar) 242Nominal Index:M Govinda Bhat & ANR AND The Deputy Commissioner and District Magistrate and District Election Officer & others. 2024 LiveLaw (Kar) 233Vasanthi AND Umesh G D. 2024 LiveLaw (Kar) 234The Divisional Controller, KSRTC AND N N Mahadeva. 2024 LiveLaw (Kar) 235Dr Sharanya Mohan & Others AND Union of India &...
Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court
The Karnataka High Court has dismissed a petition filed by a husband questioning the interim maintenance granted to the estranged and minor child by the trial court.A single judge bench of Justice Sachin Shankar Magadum dismissed the contention of the husband that he is unemployed as he has lost his job. He is not in a position to pay maintenance as he has no independent source of income....
Karnataka High Court Allows Further Investigation In 10 Yr-Old Assault Case, Directs Re-Examination Of Medical Records & Calls For Additional Chargesheet
The Karnataka High Court has upheld a Sessions court order directing further investigation to be carried out by police in order to produce medical records of the victim who was physically assaulted by the accused instead of summoning them for the hospital.A single judge bench of Justice K Natarajan dismissed a petition filed by accused Muralidhara and another who had questioned the sessions...