Not Wearing Protective Headgear By Motorcyclist Cannot Negate Right To Compensation: Karnataka High Court

The Karnataka High Court has clarified that failure to wear protective headgear as required by Section 129(a) of the Motor Vehicles Act, though constitutes a contributory negligence, will not drastically affect the compensation awarded to a claimant who has suffered.A division bench of Justice K Somashekhar and Justice Dr Chillakur Sumalatha said this while deciding an appeal filed by Sadath...

'Effort To Destabilize Govt' : Karnataka CM Siddaramiah Moves High Court Challenging Governor's Sanction For Prosecution In MUDA Case

Karnataka Chief Minister Siddaramiah has moved the High Court seeking to quash the order issued by Governor Thaawarchand Gehlot granting sanction to prosecute him in the alleged multi-crore scam relating to Mysore Urban Development Authority (MUDA).The petition filed by Siddaramiah has claimed that the sanction order which was communicated to the Chief Secretary on 17.08.2024, is issued...

Karnataka HC Directs Regularisation Of Daily Wage Employees Working At Horticulture And Sericulture Department For Over 10 Yrs

The Karnataka High Court recently quashed an endorsement issued by the Horticulture and Sericulture department and declared that the petitioners who have been working as daily wage workers for over 10 years without a sanctioned post are entitled to regularisation of service.A single judge bench of Justice B M Shyam Prasad allowed the petition filed by Shanthalakshmi and others and said...

Appeal Against Endorsement Seeking Production Of Account Books Lies Before Joint Commissioner Of Appeals: Karnataka High Court

The Dharwad Bench of the Karnataka High Court has held that the appeal against endorsement seeking production of account books lies before the joint commissioner of appeals.The bench of Justice Jyoti Mulimani has observed that there is an alternative efficacious statutory remedy under Section 62 of the KVAT Act, 2003.The petitioner/assessee is a partnership firm running a bar, restaurant,...

Karnataka High Court Refuses To Quash Complaint Against Police Inspector Booked For Not Depositing Seized Amount With State Treasury

The Karnataka High Court has refused to quash a complaint lodged under Section 7 of the Prevention of Corruption Act, against a police inspector who did not deposit with the state treasury the seized money which was received while investigating a cheating case.A Single judge bench of Justice M Nagaprasanna dismissed the petition filed by Shankar Naik G K and said “In the light of...

Karnataka High Court Quashes "Delayed" Criminal Complaint Against Additional DGP Accused Of Intimidating, Hurting Woman In 2019

The Karnataka High Court has quashed a criminal case initiated against Additional Director General of Police (ADGP) Alok Kumar, accused of causing hurt and criminal intimidation to a woman in 2019, when he was the incharge police commissioner of Bengaluru.A single judge bench of Justice M Nagaprasanna quashed the proceedings which were initiated under sections 34, 120A, 166A, 323, 325, 351...

Karnataka HC Declines To Stay Order Limiting Service Charges Collected By Aggregators Such As Ola, Uber For Auto-Rickshaw Rides To 5%

The Karnataka High Court on Tuesday refused to stay an order of a single bench which limited the service charges to be collected by aggregators such as Ola, Uber and Rapido for auto rickshaw rides booked through their applications at 5 per cent, over and above the fare fixed by the state government.A division bench of Chief Justice N V Anjaria and Justice K V Aravind said it would hear the...

Abused Partner With Criminal Intention, Said That Even If She Committed Suicide He Will Face Court: Karnataka HC Declines Relief To Man Booked U/S 306 IPC

The Karnataka High Court has dismissed a petition filed by an accused who sought to quash the prosecution initiated against him after a woman with whom he was in a relationship, committed suicide by hanging herself after he refused to marry her.A single judge bench of Justice K Natarajan dismissed the petition filed by Kumar C who is charged under section 306 of the Indian Penal Code. It...

[NDPS Act] Trial Court Can Order Release Of Seized Vehicle From Interim Custody Till Disposal Of Main Case: Karnataka HC

The Karnataka High Court has clarified that the trial court has the power to release the vehicle from interim custody, under Section 451, 457 of the Criminal Procedure Code, till disposal of the main case registered under provisions of the Narcotics Drugs and Psychotropics Substances Act (NDPS).A single judge bench of Justice K Natarajan held thus while allowing a petition filed by Kawal...

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court

The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code (CrPC) cannot be allowed in cases where such applications are filed only to drag the proceedings/trial.A single-judge bench of Justice M Nagaprasanna dismissed the petition filed by one Stanly Kirthiraj challenging the order of the trial court rejecting his application seeking to recall the...

Karnataka High Court Reserves Order On Plea Challenging State Govt's Withdrawal Of Consent For CBI Probe Against DK Shivakumar

The Karnataka High Court on Monday reserved its order on the petitions filed by the Central Bureau of Investigation and BJP MLA Basangouda Patil Yatnal challenging the State government's decision to withdraw consent for CBI probe into corruption allegations against Congress leader and Karnataka's Deputy Chief Minister DK Shivakumar.A division bench of Justice K Somashekhar and Justice Umesh...

Karnataka High Court Weekly Roundup: August 5 to August 11, 2024

Nominal Index: Bashirahmed AND Surayya & Others. 2024 LiveLaw (Kar) 353 THE RELIANCE GENERAL INSURANCE COMPANY LIMITED AND SUPREETH S. @ SUPREETH & Others. 2024 LiveLaw (Kar) 354 Dr Anil Khurana AND Dr Amargouda L Patil & Others. 2024 LiveLaw (Kar) 355 DR. AMIRTHALAKSHMI R AND State of Karnataka & Others. 2024 Live Law (Kar) 356 Francis Zavier W AND...