Karnataka High Court
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...
Karnataka High Court Issues Interim Order Permitting Bangalore Turf Club To Conduct Horse Races, Betting Activities
The Karnataka High Court by way of interim relief has 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 single-judge bench of Justice S R Krishna Kumar passed the interim order.The court gave the direction while hearing the...
Court In Writ Jurisdiction Cannot Enter Arena Of Interpretation Of Contractual Terms: Karnataka High Court
The Karnataka High Court has set aside an order passed by the Single judge bench by which it directed the State government to release balance payments due to M/s BBP Studio Virtual Bharat Pvt Ltd, which was appointed to produce a 3D film during the Global Investors Meet, in November 2022, but the contract was cancelled last minute as the film did not meet required parameters.A division bench...
Women Epicentres Of Family Life, Deserve Preferential Treatment In Bail Matters: Karnataka HC While Granting Anticipatory Bail To Prajwal Revanna's Mother
The Karnataka High Court while granting anticipatory bail to Bhavani Revanna, mother of Prajwal Revanna, said “In our social structure, women are the epicentres of family life; their displacement, even for a short period, ordinarily disturbs the dependents. Additionally, they are emotionally attached to the family. Therefore, investigating agencies should be very cautious while seeking...
Teachers Mould Fate Of A Nation And Play Pivotal Role In Nation Building: Karnataka High Court
The Karnataka High Court has allowed an appeal filed by a teacher and directed the State Higher Education Department to give effect to the Management's order of her absorption as a full-time lecturer in the institution. A division bench of Justice Krishna S Dixit and Justice Ramchandra D Huddar allowed the appeal filed by Vijayalakshmi H S and said “Absorption would secure...
Consensual Relationship Is No Licence To Assault A Woman: Karnataka High Court
The Karnataka High Court has refused to quash charges of assault levelled by a woman against a man with whom she was in a consensual relationship for years.A single judge bench of Justice M Nagaprasanna said, “Any amount of consensus or a consensual relationship between the accused and the complainant will not become a licence to the accused to assault a woman.” The court though...