[Trademarks Act] Infringement Proceedings Can't Be Quashed Due To 'Irregularity' Of Search & Seizure Without Registrar's Opinion: Karnataka HC

The Karnataka High Court has held that non-compliance with Subsection (4) of Section 115 of the Trade Mark Act, which mandates taking opinion of the Registrar of Trade Marks, before carrying out search and seizure is an irregularity for which the infringement proceedings cannot be quashed.A single judge bench of Justice Suraj Govindaraj held thus while dismissing a petition filed by Manjunatha...

Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court

The Karnataka High Court has reiterated that consensual acts between two adults who were in love over a long period of six years will not attract the offence of rape.A single judge bench of Justice M Nagaprasanna allowed the petition filed by a man and quashed the case registered for offences punishable under sections 376 and 417 of the Indian Penal Code. The court said, “The duration...

Watching Child Pornography Online Will Not Attract Offence U/S 67B Of IT Act: Karnataka High Court

The Karnataka High Court has held that a person watching child pornography material online cannot be charged for an offence under Section 67B of the Information Technology Act. A single judge bench of Justice M Nagaprasanna quashed proceedings initiated against one Inayathulla N and said, “The allegation against the petitioner is that he has watched a pornographic website. This, in...

Reassessment Notice To Non-Existing Entity Is Not Legally Tenable: Karnataka High Court

The Karnataka High Court has held that the reassessment notice to a non-existing entity is not legally tenable.The bench of Justice S. Sunil Dutt Yadav has observed that the notice under Section 148A(b) of the Act was issued on February 28, 2024, with respect to the assessment year 2020–21. The scheme of amalgamation has fixed the appointed date as April 1, 2019, and the entity to which...

State Govt's Decision To Expunge 50 Out-Of-Syllabus Questions From KCET-2024 Cannot Be Interfered With By Court: Karnataka High Court

The Karnataka High Court has refused to look into the validity of the State government's decision to set up a committee to examine 'out of syllabus' questions asked in the Karnataka CET 2024 exams held in April and its finding to exclude around 50 questions which were out of syllabus.A single judge bench of Justice S Suni Dutt Yadav while disposing of a petition filed by 18-year-old, Thanmay...

Preventive Detention Aims To Ensure Peace In Society: Karnataka High Court Denies Relief To Man Involved In 45 Cases

The Karnataka High Court has dismissed a petition filed by the wife of a detenu questioning his detention under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas (Immoral Traffic Offencers, Slum-Grabbers and Video or Audio Pirates) Act, 1985.A division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar noted that the man is...

Karnataka High Court Weekly Roundup: July 08 - July 14, 2024

Citations: 2024 LiveLaw (Kar) 305 To 2024 LiveLaw (Kar) 315Nominal Index:R Shankar AND E Ramamohan Chowdary. 2024 LiveLaw (Kar) 305Roopesha & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 306UNION OF INDIA & Others AND L. KRISHNAMURTHY & Others. 2024 LiveLaw (Kar) 307Hu Xiaolin AND State of Karnataka & Others. 2024 LiveLaw (Kar) 308P B D'Sa & Others AND State of...

Right To Relief Lost: Karnataka High Court Dismisses Plea Filed After 44 Yrs Challenging Land Acquisition Proceedings From 1978

Observing that “Forty four years is too long a time to maintain legal action. With passage of such protracted time, the right to relief is lost,” the Karnataka High Court dismissed an appeal filed by an appellant questioning the land acquisition proceedings initiated and completed in the year 1978.A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the appeal...

CAT Order To Consider Employee's Plea For Voluntary Retirement Is Binding, Authority Cannot Direct Compulsory Retirement Instead: Karnataka HC

The Karnataka High Court has said that directions passed by the Central Administrative Tribunal (CAT) to consider the representation for voluntary retirement made by an employee are binding and authorities cannot instead direct compulsory retirement without considering the plea for voluntary retirement.A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde, said thus...

Sensitise Police Officers To Register FIR Under Bhartiya Nyaya Sanhita, Not IPC: Karnataka High Court To State

The Karnataka High Court on Friday directed the State government to sensitise all the jurisdictional police stations to henceforth register crimes only under the Bharatiya Nyaya Sanhita and not under the now repealed Indian Penal Code.A single judge bench of Justice M Nagaprasanna gave the direction while hearing a petition questioning the registration of a crime registered on July 1...

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15

The Karnataka High Court on Friday adjourned to July 26, hearing of a petition filed by former Chief Minister BY Yediyurappa seeking to quash a POCSO case registered against him. However, the court exempted Yediyurappa from personally remaining present before the trial court on Monday (July 15).A single judge bench of Justice Krishna S Dixit said “Request for adjournment is allowed. Ld judge...

Karnataka High Court Issues Contempt Notices To BBMP, Police Commissioners Over Illegal Flexes/ Hoardings In Bengaluru

The Karnataka High Court on Friday took suo-motu cognizance of a news report highlighting the problem of illegal flexes and hoardings being put up in the city of Bengaluru.A division bench of Chief Justice N V Anjaria and Justice K V Aravind took cognizance of the news item appearing in the Times of India, titled 'Flex menace continues; elderly man battles for life'. Further, the court...