Father Can't Be Charged Of 'Kidnapping' His Minor Child From Wife's Custody Unless He Was Specifically Prohibited By Competent Court: Karnataka HC

The Karnataka High court has held that a father cannot be charged for kidnapping his minor child from the custody of his wife, so long as there is no prohibition order passed by a competent court against him.A single judge bench of Justice Venkatesh Naik T allowed the petition filed by the husband and quashed the proceedings initiated against him by his wife for the offence punishable...

Bank Can't Attach Grantee's Land Under Karnataka SC/ST (Prohibition Of Transfer Of Certain Lands) Act For Loan Default By GPA Holder: High Court

The Karnataka High Court has held that a bank cannot enforce a decree for attachment of property against a land grantee under Karnataka Schedule Caste and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, for loan default made by the Cooperative Society holding the general power of attorney for such land.A single judge bench of Justice Suraj Govindaraj said,"When a grantee has...

University Income From Rentals, Not Exempted From Service Tax: Karnataka High Court

The Karnataka High Court has held that the university is liable to pay service tax on the income earned from the rentals of buildings leased or licensed for banking facilities.The bench of Justice Krishna S. Dixit and Justice Ramachandra D. Huddar has observed that when the university rents out its property for running a bank, the profit motive is abundant. It is not the case of the...

Karnataka HC Temporarily Stays Proceedings Against MP Dr K Sudhakar Allegedly Connected To Seizure Of ₹4.8 Crore A Day Before Lok Sabha Polls

The Karnataka High Court on Thursday by an interim order stayed criminal proceedings pending before the Magistrate court against Member of Parliament, Dr K Sudhakar who was charged after the Election Commission had seized Rs 4.8 crore in cash from a co-accused, belonging to his party, a day before the Lok Sabha Elections on April 25. A single judge bench of Justice M Nagaprasanna passed the...

Karnataka High Court Reserves Order On SIT's Plea Seeking To Cancel HD Revanna's Bail In Abduction Case

The Karnataka High Court on Thursday reserved its order on the petition filed by Special Investigation Team (SIT) seeking cancellation of bail granted to Janata Dal (Secular) leader HD Revanna, accused of abducting a woman. A single judge bench of Justice M Nagaprasanna reserved the order after hearing the parties. Revanna was granted bail by the special court on May 13. Obscene...

Constitutional Courts Are Not Merely Arbiters But Stakeholders In Cases Relating To Rivers, Forests: Karnataka High Court

The Karnataka High Court has set aside an order of the trial court which decreed a suit in favour of private persons, declaring them to be owners of the land, which was notified by the then Mysore Maharaja in 1929 for the formation of a State Reserve Forest.A division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar allowed the appeal filed by the State government and...

All Prisoners Need To Be Given Nutritious Food, Cannot Make Distinction Between Actor Darshan And Other Undertrials: Karnataka High Court

The Karnataka High Court on Wednesday said every citizen or undertrial prisoner requires a nutritious diet, and authorities cannot create a distinction merely because the prisoner is poor, rich, influential, non-influential or an actor. A single judge bench of Justice M Nagaprasanna made the observation while hearing a petition filed by Kannada actor Darshan Thoogudeepa who...

Dam Safety Committee To Decide On Individual Pleas For Quarrying Within 20 Km Of KRS Dam, Final Decision Subject To Court Approval: Karnataka HC

The Karnataka High Court on Wednesday clarified that the State Level Dam Safety Committee constituted to carry out a scientific study regarding the safety of the Krishnaraja Sagara Dam, in view of the quarrying/mining activities carried out in its 20-KM periphery, shall consider individual representations for operating the quarry and take a final decision subject to the approval of...

Income Tax Dept's Appeal Against Inadequate Sentence Lies Before Sessions Court: Karnataka High Court

The Karnataka High Court has dismissed the appeals preferred by the Income Tax Department under Section 377 of Cr.P.C.The bench of Justice Shivashankar Amarannavar has observed that on a reading of Section 418 of the Bhartiya Nyayik Suraksha Sahita (BNSS), it is in pari materia with Section 377 of Cr.P.C. Even under the BNSS, no provision has been introduced for filing an appeal before the...

Settlement Arising From Contract Containing Arbitration Clause Must Be Resolved Through Arbitration: Karnataka High Court

The Karnataka High Court division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde has held that the right to enforce the settlement has to be through arbitration as the alleged settlement is in respect of a transaction arising from the contract which contained an arbitration clause. Brief Facts: M/s S P Sai Technologies (Respondent) filed a suit for recovery of...

Party Not Required To Appear Before Police If Summons U/S 35 BNSS Does Not Contain Crime Number, Details Of Offence Alleged: Karnataka HC

The Karnataka High Court has said that in the event a notice issued by the police summoning a citizen under Section 35 of the BNSS does not contain the crime number, the offence alleged or the appending of the FIR, subject to just exceptions, the noticee is not obliged to appear before the officer who has directed him to appear and no coercive action can be taken against him.A single judge...

Karnataka High Court Disposes Byju Raveendran's Plea After NCLAT Begins Hearing His Appeal Challenging Insolvency Proceedings

The Karnataka High Court on Tuesday disposed of the petition filed by Byju Raveendran seeking to suspend the National Company Law Tribunal (NCLT) order, which admitted his parent company Think and Learn Private Limited (TLPL), into the insolvency resolution process.A single judge bench of Justice S R Krishna Kumar disposed of the matter after it was informed that a special bench is constituted...