Offence Of Criminal Breach Of Trust U/S 405 IPC Attracted Only If Employer Deducts Amount But Does Not Deposit With EPFO: Karnataka High Court

The Karnataka High Court has said that the offence under Section 405 of the Indian Penal Code, pertaining to criminal breach of trust is attracted only if the employer deducts the amount from the salary/wages of the employee but fails to deposit the amount with the Employees Provident Fund Organisation.A single judge bench of Justice Suraj Govindaraj allowed a petition filed by Swapna and...

Accused Need Not Be Heard By Magistrate Before Directing Police To Carry Out Further Investigation U/S 173(8) CrPC: Karnataka High Court

The Karnataka High Court has held that the Magistrate court has the power to direct further investigation in a case and merely because the Magistrate did not given any notice to the accused while directing the police to further investigate the matter, that itself is not a ground to quash the order for further probe.A single judge bench of Justice K Natarajan dismissed the petition filed...

Karnataka High Court Grants Interim Anticipatory Bail To Prajwal Revanna's Mother Accused In Kidnapping Case

The Karnataka High Court on Friday granted interim anticipatory bail to Bhavani Revanna, Prajwal Revanna's mother, who has been charged with kidnapping a woman. A single judge bench of Justice Krishna S Dixit granted the interim order and said “Direction is issued to state and police neither to apprehend and arrest the petition or keep her in detention. This is following stringent...

Police Has Jurisdiction To Investigate Where Documents Forged Locally For Submitting To Foreign Court, Private Complaint Maintainable: Karnataka HC

The Karnataka High Court has held that a private complaint filed before a court in Bengaluru complaining about forged documents being submitted by a party before a foreign court is maintainable.A single judge bench of Justice K Natarajan dismissed a petition filed by Palaniswamy Veeraraja and others seeking to quash criminal proceedings initiated against them based upon the private complaint...

Opinion Given By CVC To Disciplinary Authority Need Not Be Shared With Delinquent Employee Of Bank: Karnataka High Court

The Karnataka High Court, while reversing an order of the Single bench directing reinstatement of a delinquent bank employee who was dismissed from service for lending money to fictitious persons without duly securing repayment of loans, has observed that the opinion given by the Central Vigilance Commission to the disciplinary authority need not be shared with the employee.A division bench...

Leave Encashment Not Discretionary Bounties But Legal Rights Enforceable Under Constitution: Karnataka High Court

A single judge bench of the Karnataka High Court comprising of Justice Sachin Shankar Magadum in the case of H Channaiah Vs Chief Executive Officer, Zilla Panchayath And Ors has held that Leave encashment cannot be viewed as discretionary bounties but as legal rights enforceable under the Constitution of India Background Facts H Channaiah (Petitioner) worked as a waterman in the...

Karnataka High Court Releases Life Convict On Parole After Wife Files Plea Claiming She Was Being Deprived Of Her Right Of Progeny

The Karnataka High Court has allowed a petition filed by a wife seeking parole leave for her husband who is a life convict on the ground that she is deprived of her right of progeny.A single judge bench of Justice S R Krishna Kumar allowed the petition of the woman in part and granted general parole for a period of 30 days to the convict which would become operational from 05.06.2024...

Non-Alienating Members Of Joint Family Cannot Be Impleaded In Suit Filed For Specific Performance Of Contract: Karnataka High Court

The Karnataka High Court has held that even if the property which is the subject matter of the agreement to sell is the ancestral property, non-alienating members of a joint family have no locus to contest the suit for specific performance.A single judge bench of Justice Sachin Shankar Magadum sitting at Dharwad bench dismissed the petition filed by Rasheedabanu Mohammed Goush Kwati and...

Gift Deed Executed By Senior Citizen Father In Favour Of Son Can't Be Cancelled If Condition Of Upkeep By Son Is Not Mentioned: Karnataka High Court

The Karnataka High Court has held that a gift deed executed by a senior citizen in favour of his son releasing his property who subsequently sells it, cannot be cancelled by the Assistant Commissioner of Senior Citizen Tribunal, if there is no condition mentioned in the gift deed of maintaining the father (donor).A single judge bench of Justice M Nagaprasanna allowed the petition filed by...

State Can't Extract Additional Work And Not Pay: Karnataka High Court Orders State To Pay Licensed Surveyors As Per 2008 GO

The Karnataka High Court has come to the aid of 1131 licensed surveyors in the Department of Survey, Settlement and Land Records, by directing the State government to settle their claims and pay to them the remuneration in terms of Government Order dated 12.08.2008, after ascertaining the additional work done by them.As per the government order it was decided to pay Rs.500 for Tatkaal Phodi...

Karnataka High Court Asks Centre To Consider Representation For Release Of Passport Of Nurse Who Travelled From Yemen Despite Ban

The Karnataka High Court has directed the Regional Passport officer to consider and pass necessary orders within four weeks on the representation to be made by a qualified nurse for return of her passport, which came to be seized as she had travelled from Yemen in violation of a 2017 government notification issued citing national security concerns amid India's strained relationship with...

Karnataka High Court Monthly Digest: May 2024 [Citations 207 - 242]

Citations: 2024 LiveLaw (Kar) 207 To 2024 LiveLaw (Kar) 242Nominal Index:David D'souza AND State of Karnataka. 2024 LiveLaw (Kar) 207Padpara Patti, Syed Basha Aysb and Anr. vs The Labour Department Government of Karnataka Office at Labour Officer and Anr. 2024 LiveLaw (Kar) 208The Management Of Nwkrtc, Gadag Division Vs Manjunath. 2024 LiveLaw (Kar) 209V S Manjunath AND Chief...