Karnataka High Court
Karnataka High Court Refuses To Transfer Probe In MUDA Case Allegedly Involving CM Siddaramaiah To CBI
The Karnataka High Court on Friday (February 7) refused to transfer the investigation by the Lokayukta police into the alleged Mysore Urban Development Authority (MUDA) "scam" which is stated to involve Chief Minister Siddaramaiah, to the Central Bureau of Investigation.Justice M Nagaprasanna while pronouncing the order said, "The material on record does not indicate that investigation...
[S.216 IPC] Necessary To Establish Accused Had Knowledge About Conviction Of Offender To Prosecute Him For Offence Of Harbouring: Karnataka HC
The Karnataka High Court recently quashed an offence registered against a man charged with harbouring a murder accused in his house.A single judge, Justice S R Krishna Kumar allowed the petition filed by Udaya Kumar Shetty and said: “Before alleging any offence punishable under Section 216 of IPC, it is necessary to establish that accused person had knowledge about conviction of the...
'Too Vague': Karnataka High Court Rejects PIL For Inquiry Against Legislators Over Alleged Disproportionate Assets
Karnataka High Court on Thursday (February 6) dismissed a public interest litigation filed seeking a direction to Lokayukta to hold enquiry against the MLA, MPs and MLCs whose assets are disproportionate to their known sources of income, by considering the representation made by the petitioner in December 2023.A division bench of Chief Justice N V Anjaria and Justice M I Arun dismissed...
Competent Court Can Only Mutate Legatee's Name In Records Once Will Has Been Proved: Karnataka High Court
The Karnataka High Court has reiterated that a sibling who is asserting exclusive title based on a Will in his favour cannot get his name mutated in the records based on the Will until it has been substantiated and proved.A single judge, Justice Sachin Shankar Magadum held thus while dismissing a petition filed by Ullas Kotian Yane Ullas K V, who had challenged the order of the...
'Debt Has Been Recovered Multiple Times Over': Vijay Mallya Approaches Karnataka HC Seeking Information On Total Amount Recovered By Banks
The Karnataka High Court on Wednesday (February 5) issued notice to banks on a petition filed by fugitive liquor baron Vijay Mallya, seeking a direction to the former to provide a statement of accounts for the amounts owed by him, United Breweries Holdings Limited (in liquidation) and other certificate debtors.Justice R Devdas issued the notice returnable on February 13. Senior Advocate...
MUDA Treated Retd Defence Personnel With 'Scant' Respect: Karnataka High Court Directs Body To Execute Sale Deed For Allotted Land
The Karnataka High Court has set aside an order passed by the State Consumer Commission and directed Mysore Urban Development Authority (MUDA) to allot a site by executing necessary conveyance and deliver possession to a retired defence personnel.A division bench of Justice Krishna S Dixit and Justice G Basavaraja allowed the petition filed by LT. GEN (Retd) BNBM Prasad and said “The State...
No Requirement To Prove Authenticity Of Will If Testator Admits To Its Execution In Pleadings Before Court: Karnataka High Court
The Karnataka High Court has said that once a testator has admitted the execution of a Will in proceedings before the Court and pleadings are filed, there would be no requirement to further establish the authenticity of the Will in terms of Sections 67, 68 and 70 of Bharatiya Sakshya Adhiniyam.A single judge, Justice Suraj Govindaraj held thus while dismissing a petition filed by Sarojini...
Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court
The Karnataka High Court has said that unless there are exceptional circumstances to file an anticipatory bail application directly before the High Court, bypassing the Sessions Court, it will be prudent for the accused to approach the Sessions Court at the first instance seeking relief.A single judge, Justice Mohammad Nawaz held thus while disposing of the petition filed by a school...
Employees Can Be Transferred On Administrative Exigency But Not In Violation Of Statue Or Operative Guidelines: Karnataka High Court
The Karnataka High Court has said that administrative exigency can be a reason for a Corporation to exercise its right of transfer of an employee from one place to another, but it cannot be done in violation of the statute or operative guidelines of service.A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by Shripati Mariyappa Doddalingannavar questioning...
Merely Paying Penalty For Wilful Delay In Filing Income Tax Returns Does Not Exonerate Assessee From Being Prosecuted: Karnataka High Court
The Karnataka High Court has refused to quash prosecution initiated by the Income Tax Department against an assessee who had willfully failed to submit his income tax returns in time for the Assessment Years 2012- 13 to 2015-16 and thereby committed the alleged offence.A single judge, Justice S Vishwajith Shetty dismissed the petitions filed by Rajkumar Agarwal. It said, “Delay in filing of...
'Misconceived': Karnataka HC Rejects PIL Seeking Direction To Govt To Protect Life, Property And Religious Places Of Hindus In Bangladesh
The Karnataka High Court recently dismissed a public interest litigation filed seeking a direction to the Union and State Government, to protect the life, property and other religious places of Hindus and other Minority Community people, residing in Bangladesh.A division bench of Chief Justice N V Anjaria and Justice M I Arun while dismissing a petition by Rodda Veershetty said, “The...
Ex-Parte Order Appointing Commissioner To Conduct Search/Seizure In IPR Infringement Cases Is To Preserve Evidence, Necessary: Karnataka HC
The Karnataka High Court has said that in intellectual property rights cases, the ex-parte order of appointment of the Court Commissioner for search and seizure–an Anton Piller order, is to ensure that a surprise element remains intact in the absence of which the respondents can easily remove the infringing products when the commissioner visits the latter's premises.Anton Piller orders...