Bar Council Of India Cannot Issue Gag Orders Restraining Speech Of Advocates Or Its Members: Karnataka High Court

The Karnataka High Court has held that the Bar Council of India (BCI) does not have the power to issue gag orders restraining the speech of Advocates or even the members of the Bar Council.A single judge bench of Justice M Nagaprasanna said “The Chairman of the Bar Council of India ostensibly cannot pass any such gag order which takes away the fundamental right of any Advocate. The power of...

Party Cannot Mount Fresh Challenge Against Land Grant Order Or Claim Title Over Property In Review Plea: Karnataka High Court

The Karnataka High Court has said that parties cannot be permitted to mount a fresh challenge to a land grant order which has been duly upheld by the coordinate Bench, under the guise of a review petition.A single judge bench of Justice Sachin Shankar Magadum dismissed a petition filed by one M S Praveen Kumar and said, “Allowing such a challenge would not only undermine the established...

Insurer Has To Pay Claimants, Recover Amount From Vehicle Owner In Absence Of Valid Permit At The Time Of Accident: Karnataka HC Reiterates

The Karnataka High Court has reiterated that even though the vehicle which causes an accident does not hold a valid permit and fitness certificate at the time of accident, the insurance company is liable to pay the compensation amount due to the claimants and recover it from the vehicle's owner.A single judge bench of Justice T G Shivashankare Gowda refused to accept the contention of...

'Heart Of Cardio Institute Itself Not In Right Place': Karnataka HC While Regularising Service Of Nurses Engaged On Contract Since 20 Yrs

The Karnataka High Court has come to the aid of Ten Staff Nurses (Stipendiary) working on contractual basis for over 20 years in Sri Jayadeva Institute of Cardiovascular Sciences and Research, by directing that their services be regularised from the date they completed 10 years of service.A single judge bench of Justice N S Sanjay Gowda allowed the petitions filed by B J Rani and others and...

Karnataka High Court Weekly Round-Up [September 30 To October 06, 2024]

Citations: 2024 LiveLaw (Kar) 419 To 2024 LiveLaw (Kar) 427Nominal Index:ABC AND XYZ. 2024 LiveLaw (Kar) 419ABC AND Internal Complaints Committee & Others. 2024 LiveLaw (Kar) 420Arafath Ali @ Arafath AND National Investigation Agency. 2024 LiveLaw (Kar) 421Sanjana Raghunath AND Karnataka Examination Authority & Others. 2024 LiveLaw (Kar) 422Roshan A AND Union of India & Others....

Recovery By Department During Pendency Of Investigation In The Name Of 'Self-Ascertainment Of Tax' U/S 74 CGST Act Is Violative To Art 265: Karnataka High Court

The Karnataka High Court held that voluntary determination by the assessee himself as regards the liability of tax, is sine qua non for 'self-ascertainment of tax' under CGST Act. The High Court therefore clarified that when notice sought to be issued u/s 74(1) indicate a fresh and complete adjudication and does not refer to short fall of actual tax required to be paid as...

Adhere To 2017 Notification On Production Of Demonitized Currency, So It Can Be Exchanged As Legal Tender: Karnataka HC To Trial Courts

The Karnataka High Court has asked trial courts, before whom demonetized banknotes have been produced by investigating agencies on or before December 30, 2016, to follow the procedure for releasing the notes mentioned in Centre's 2017 notification, so that concerned persons can exchange it for legal tender.A division bench of Justice S Sunil Dutt Yadav and Justice Ramachandra D Huddar in...

Ruchi Soya (Patanjali) – Claim Not Included In Approved Resolution Plan Stand Extinguished : Karnataka High Court

The Karnataka High Court division bench comprising Mr. Justice S.G. Pandit and Mr. Justice C.M. Poonacha has held that once a resolution plan is approved by the Adjudicating Authority under Section 31(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), claims which are not included in the resolution plan are extinguished, and no further proceedings can be initiated against...

Karnataka High Court Stays Order Directing OLA Cabs To Pay Compensation To Customer Who Alleged Sexual Harassment By Driver

The Karnataka High Court on Friday stayed till October 28, a single judge bench order which had directed ANI Technologies, which owns and operates OLA Cabs, to pay a sum of Rs 5 lakh towards compensation to a woman who allegedly faced sexual harassment at the hands of their driver, during a trip in 2019.A vacation bench of Justice S R Krishna Kumar and Justice M G Uma said, "The matter...

Karnataka HC Quashes Murder Case Against Accused To Save Judicial Time After Witnesses Turned Hostile In Separate Trial Against Co-Accused

The Karnataka High Court has quashed a murder case against an accused after the co-accused in the case who were tried while the accused was absconding, came to be acquitted by the trial court.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Vishwanath Koraga Shetty and quashed the proceedings pending against him for the offences punishable under Sections 143, 147,...

Terrorist Activities Are Perpetrated By Fanatics To Achieve Religious Supremacy, Must Blame Themselves If They Get Into Trouble: Karnataka HC

The Karnataka High Court refused to interfere with the decision of the Central Government to hand over the investigation in the alleged murder case of one Harsha at Shivamogga, to the National Investigation Agency (NIA).A division bench of Justice Sreenivas Harish Kumar and Justice J M Khazi, dismissed the petition filed by one Roshan A who is an accused in the case. The court said,...

Pay ₹10 Lakh To MBBS Student Who Was Denied Sports Quota Seat Despite Representing India Abroad In Chess Tournament: Karnataka HC To State

The Karnataka High Court has directed the state government to pay Rs 10 lakhs as compensation to an MBBS student and chess player, who was wrongly denied a seat under sports quota even though she had represented India abroad in Chess Competitions, compelling her to take admission in a private college on a private seat.A division bench of Chief Justice N V Anjaria and Justice K V Aravind...