Karnataka High Court Weekly Round-Up: June 17 - June 23, 2024

Citations: 2024 LiveLaw (Kar) 265 To 2024 LiveLaw (Kar) 276Nominal Index:Mrs X AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 265Alla Baksha Patel AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 266Invest Karnataka Forum & ANR and M/s BBP Studio Virtual Bharath Pvt. Ltd & Anr. 2024 LiveLaw (Kar) 267ABC AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 268Bhavani Revanna...

Karnataka High Court Stays Single Bench Order, Halts All Racing And Betting Activities At Bangalore Turf Club

The Karnataka High Court on Saturday stayed a single judge bench order which had permitted carrying on all on-course and off-course horse racing and betting activities at the Bangalore Turf Club, subject to provisions of the Mysore Race Course Licensing Act 1952 and the Rules framed thereunder.A division bench of Chief Justice N V Anjaria and Justice K V Aravind stayed the operation of the...

SCN Can't Be Issued Prior To Finalisation Of Audit Proceedings; Karnataka High Court Stays Order

The Karnataka High Court has stayed the order passed under Section 74 of the CGST Act, 2017 on the grounds that the show cause notice cannot be issued prior to the finalization of audit proceedings.The bench of Justice Sunil Dutt Yadav has admitted the writ petition challenging the audit rules, namely Rule 101(2), (3), and (4), ultra vires to Section 65 of the CGST Act.The petitioner/assessee...

Karnataka HC Stays Further Probe In FIR Against Organisers Of Event Where Udhayanidhi Stalin Made Allegedly Controversial Remarks On Sanatan Dharma

The Karnataka High Court on Friday stayed further investigation in an FIR registered against organisers of a meet in Chennai where DMK leader Udhayanidhi Stalin, made controversial remarks about Sanatana Dharma.A Single-judge bench of Justice Krishna S Dixit granted interim relief to S.U. Venkatesan and others. It said “Issue stay of all further proceedings, in the court below till next...

[Cheque Dishnonour] Accused Must Place Evidence To Prove Claim That Complainant Misused Cheque Issued To Another Person: Karnataka High Court

The Karnataka High Court has upheld the order of conviction handed down to an accused who was charged under Section 138 of the Negotiable Instruments Act. A single judge bench of Justice V Srishananda while dismissing the petition filed by A M Harish Gowda, turned down his contention that the cheque issued in favour of one Prabhakar had been misused by the complainant Chaluvaraju H...

Karnataka BJP's Animated Video Case: High Court Exempts Personal Appearance Of JP Nadda, Amit Malviya In Probe Over 'Promoting Enmity'

The Karnataka High Court on Friday granted interim relief to Bharatiya Janata Party (BJP) National President J P Nadda and BJP IT Cell head Amit Malaviya, in connection with an FIR registered over an allegedly offensive animated video was posted on X (formerly Twitter), by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress.A single judge bench of Justice Krishna...

Husband's Paramour Is Not Relative Or Family Member, Cannot Be Dragged Into Proceedings U/S 498A IPC: Karnataka High Court

The Karnataka High Court has quashed a criminal case registered under Section 498-A of the Indian Penal Code by a woman against the paramour of her husband.A single judge bench of Justice M Nagaprasanna allowed the petition filed by the woman and her mother who were arrayed as accused in the case registered under sections 498A, 323, 324, 307, 420, 504, 506 and 34 of IPC and Sections 3 and 4...

[Karnataka Gram Swaraj and Panchayat Raj Act] 15-Months Time For Moving No-Confidence Motion Commences When President Assumes Office: High Court

The Karnataka High Court has held that the fifteen-month period for calling for a no-confidence motion under Section 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, is to be counted from the date of election not of the first President but from the date when the new President in the middle of the term of the Panchayat assumes office.A Division bench of Chief Justice N V Anjaria...

[Cheque Dishonour] Merely Raising Doubt Without Adducing Credible Evidence Not Sufficient To Rebut Presumption U/S 113 Of NI Act: Karnataka High Court

The Karnataka High Court has said that the presumption against an accused under Section 113 of the Negotiable Instruments Act is a rebuttable presumption, but the said rebuttable presumption must be rebutted by adducing credible evidence, and merely raising a doubt is not sufficient.A single judge bench of Justice Ramachandra D Huddar made the observation while allowing the appeal filed...

Foreign Nationals Cannot Execute Special Power Of Attorney For Filing Writ Petitions Before Indian Courts: Karnataka High Court

The Karnataka High Court recently held that a foreign national cannot execute a Special Power of Attorney (SPA) sitting elsewhere in the globe for the purpose of filing a writ petition invoking Article 226 of the Constitution of India, before any courts in India. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Sagad Kareem Ismael a native of Iraq who...

Court Must Consider Time Limit In Agreement In Suit For Specific Performance, Need Not Decide Suit Merely Because It Was Filed Within Limitation Period: Karnataka HC

The Karnataka High Court has held that while exercising discretion in a suit for specific performance, the court need not decree the suit merely because it is filed within the period of limitation, by ignoring time limits stipulated in the agreement.A division bench of Justice Krishna S Dixit and Justice Ramchandra D Huddar allowed the appeal filed by the Lakkamma @Lakshmamma and others and...

"Newborn Shouldn't Suffer Ignominy In Future": Karnataka HC Allows Interim Bail To POCSO Accused To Marry Victim Who Had Given Birth To Their Child

The Karnataka High Court recently granted 15-day interim bail to a POCSO rape accused to allow him to marry the victim who has turned major and has given birth to a child.A single judge bench of Justice M Nagaprasanna said “The petitioner shall be released on grant of interim bail which will be operational from 17-06-2024 upto 03-07-2024. The petitioner shall return to the goal on the...