Construction Of Memorial For Film Actor Cannot Be Subject Matter Of PIL: Karnataka High Court

The Karnataka High Court on Tuesday dismissed a public interest litigation seeking directions to the state government to grant 10 guntas of land for construction of a memorial for late Kannada film actor Dr Vishnuvardhan, on the land where he has been cremated in 2009.A division bench of Chief Justice N V Anjaria and Justice K V Aravind said,“Construction of memorial of a film star...

[S.139 NI Act] Presumption Is In Favour Of Complaint If Accused In Reply Notice Admits Availment Of Loan: Karnataka High Court

The Karnataka High Court has held that there is presumption in favour of the complainant under Section 139 of the Negotiable Instruments Act, when in the reply notice issued by the accused to the complainant the transaction of availment of loan is admitted again calling upon the complainant to prove the transaction does not arise at all.A single-judge bench of Justice Rajendra Badamikar...

Karnataka High Court Weekly Roundup: May 27 - June 02, 2024

Citations: 2024 LiveLaw (Kar) 233 To 2024 LiveLaw (Kar) 242Nominal Index:M Govinda Bhat & ANR AND The Deputy Commissioner and District Magistrate and District Election Officer & others. 2024 LiveLaw (Kar) 233Vasanthi AND Umesh G D. 2024 LiveLaw (Kar) 234The Divisional Controller, KSRTC AND N N Mahadeva. 2024 LiveLaw (Kar) 235Dr Sharanya Mohan & Others AND Union of India &...

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court

The Karnataka High Court has dismissed a petition filed by a husband questioning the interim maintenance granted to the estranged and minor child by the trial court.A single judge bench of Justice Sachin Shankar Magadum dismissed the contention of the husband that he is unemployed as he has lost his job. He is not in a position to pay maintenance as he has no independent source of income....

Karnataka High Court Allows Further Investigation In 10 Yr-Old Assault Case, Directs Re-Examination Of Medical Records & Calls For Additional Chargesheet

The Karnataka High Court has upheld a Sessions court order directing further investigation to be carried out by police in order to produce medical records of the victim who was physically assaulted by the accused instead of summoning them for the hospital.A single judge bench of Justice K Natarajan dismissed a petition filed by accused Muralidhara and another who had questioned the sessions...

Special Court Order Granting Bail To HD Revanna In Kidnapping Case Seems To Be 'Defective': Karnataka High Court

The Karnataka High Court on Friday observed that the Special Court order granting bail to Janata Dal (Secular) leader HD Revanna, accused of kidnapping a woman, appears to be defective.Revanna was granted bail by the special court on May 13. A single judge bench of Justice Krishna S Dixit while hearing the petition filed by the Special Investigation Team seeking cancellation of bail orally...

Preliminary Enquiry Not Mandatory If Source Report Makes Out Prima Facie Case Of Possessing Disproportionate Assets: Karnataka High Court

The Karnataka High Court has reiterated that preliminary enquiry is not mandatory before registering a First Information Report on charges of possessing disproportionate assets to the known sources of income by a government servant if the source report makes out a prima facie case against the accused.A single judge bench of Justice S Vishwajith Shetty dismissed a petition filed by D M...

RTE Act Applicable Even To Residential Schools: Karnataka High Court Upholds Penalty Imposed On School For Not Complying With Provisions

The Karnataka High Court has held that provisions of the Right of Children to Free and Compulsory Education Act, 2009 are applicable even to Residential schools.A single judge bench of Justice Suraj Govindaraj dismissed the petition filed by Jnana Sarovar Educational Trust, which runs a residential school without any grant-in-aid offering the Indian School Certificate Examination (ISCE)...

Compensation Will Have To Be Paid If Money Belonging To Citizen Is Retained By State Entities: Karnataka High Court

The Karnataka High Court has said that money belonging to a citizen is his property, and if that is retained by the State entities it amounts to temporary acquisition of property for which as a matter of rule compensation has to be paid to the citizen.A division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar said “Money belonging to a citizen is his property. If that...

Can't Deny Registration Of Property Which Is Purchased In Auction On The Ground That Income Tax Dues Are Pending Against Original Borrowers: Karnataka HC

The Karnataka High Court has held that a Sub-Registrar cannot refuse to register a sale certificate issued by the bank to an auction purchaser of property on the ground that certain claims of the Income Tax Department are pending against the original loan borrowers.A single judge bench of Justice M Nagaprasanna allowed a petition filed by T Bharathgowda and directed the Sub-Registrar to...

State Govt's De-Nomination Of Chairman Of Minorities Commission Before Completion Of Fixed Term Not Arbitrary: Karnataka High Court

The Karnataka High Court has dismissed a petition filed by Abdul Azeem, a former Chairman of the Karnataka State Minorities Commission, questioning the government decision cancelling the nomination of the petitioner as Chairman of the Commission.A single judge bench of Justice M Nagaprasanna said “The petitioner is a nominee who is nominated under Section 4 of the Act. Section 4...

Karnataka High Court Waives Compulsory Rural Service For 447 Doctors As State Failed To Notify Amended Rules For Over 10 Yrs

The Karnataka High Court has granted relief to 447 MBBS students from compulsory rural service for one year, as sought under the 2012 amendment of Rule 11 of Karnataka Selection of Candidates for Admission to Government seats in Professional Educational Institutions Rules 2006, as the amended rule was not gazetted for 10 years after it was finalised.A single judge bench of Justice M...