Jural Relationship Of Landlord And Tenant Is Established If Employee Is Given Rent-Free Accommodation By Company: Karnataka High Court

The Karnataka High Court has held that by providing a rent-free accommodation, as a term of employment, would create a jural relationship of a 'landlord and tenant' between an employer and an employee.A single judge bench of Justice N S Sanjay Gowda dismissed a petition filed by Chinnaswamy K who had sought quashing of the judgment and decree dated 08.06.2023 passed by the small causes...

Karnataka High Court Attaches Husband's Property For Failing To Pay Maintenance To Wife & Differently-Abled Child

The Karnataka High Court recently directed attaching the property of a man by creating a charge over his property to secure payment of maintenance to his estranged wife and differently-abled son.A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde allowed the application filed by the wife and child for attaching the property of the husband. It said “Charge is created...

Karnataka High Court Weekly Roundup: May 13 - May 19, 2024

Citations: 2024 LiveLaw (Kar) 218 To 2024 LiveLaw (Kar) 224Nominal Index: Kalpatharu Breweries And Distilleries Pvt Ltd AND State of Karnataka. 2024 LiveLaw (Kar) 218Kumarvel Janakiram AND National Insurance Company LTD & Others. 2024 LiveLaw (Kar) 219Nagendra & Others AND Chandrakant Jain & ANR. 2024 LiveLaw (Kar) 220ABC AND XYZ. 2024 LiveLaw (Kar) 221The Branch Manager AND...

Custody Application Of Minor Can Only Be Filed Before Court Having Jurisdiction Where Child Ordinarily Resides: Karnataka High Court

The Karnataka High Court recently held that an application seeking custody of a minor child has to be filed only before a court where the minor child ordinarily resides.A single judge bench of Justice M Nagaprasanna allowed the petition filed by the grandparents Samiulla Saheb and another of the minor child and set aside the order of the trial court rejecting their application filed under...

Free Bus Service Cannot Be Provided To Enable Voters To Reach Polling Booth: Karnataka High Court

The Karnataka High Court on Thursday disposed of a public interest litigation filed seeking directions to the Chief Electoral Officer officer to provide free bus services to transport voters on polling dates to enable them to vote.A vacation bench of Justice R Devdas and Justice J M Khazi said,“If such directions are issued either by the state government or head of the public...

Karnataka High Court Declines Insurance Company's Plea Alleging Claimant Committed Fraud In Connivance With Insured Lawyer To Secure Compensation

The Karnataka High Court has dismissed an appeal filed by an insurance company challenging an order passed by the Motor Accidents Claim Tribunal claiming that fraud was played by the claimant for the sake of compensation by claiming that advocate Rajappa K S, riding the motorcycle, had knocked her down causing injuries. A Single Bench of Justice T G Shivashakare Gowda said the...

Wife's Appeal Challenging Divorce Decree Does Not Stand Abated On Husband's Death: Karnataka High Court

The Karnataka High Court recently held that an appeal filed by a wife challenging the divorce decree granted in favour of the husband by the family court does not stand abated on the husband dying pending hearing of appeal.A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde allowed the appeal filed by a woman and set aside order of the family court granting divorce...

Karnataka High Court Upholds Order For Specific Performance Of Sale Agreement, Says If Owner Intended To Avail Loan It Would Execute Mortgage Deed

The Karnataka High Court has upheld an order of the trial court decreeing a suit for specific performance of a sale agreement in favour of the plaintiff and rejected the contention of the defendants who are businessmen that they had availed loan from the plaintiffs and had not agreed to sell the schedule property.A division bench of Justice E S Indiresh and Justice Ramachandra D Huddar...

Karnataka HC Quashes FIR Against Liquor Company Accused Of Parking Trucks Loaded With Liquor Bottles In Its Premises During Operation Of Model Code Of Conduct

The Karnataka High Court has quashed a criminal case registered under the Karnataka Excise Act against Kalpatharu Breweries and Distilleries Pvt Ltd who allegedly during the Lok Sabha Election 2024, when the Election Code of Conduct was in force, parked trucks loaded with liquor in the company premises.A single judge bench of Justice M G Uma allowed the petition and said “Even if the...

Claimant Can't Seek Compensation From Offending Vehicle's Insurer If Already Received From Own Insurance Company: Karnataka High Court

The Karnataka High Court has reiterated that if the claimant has received the amount in full and final settlement of his claim from the insurance company of his vehicle, he cannot claim further payment towards repair of his vehicle from the Insurance Company of the offending vehicle.A single judge bench of Justice Jyoti Mulimani made the observation while dismissing the petition filed by...

Karnataka High Court Weekly Roundup: May 06 - May 12, 2024

Citations: 2024 LiveLaw (Kar) 210 To 2024 LiveLaw (Kar) 217Nominal Index: V S Manjunath AND Chief Election Commissioner & Others. 2024 LiveLaw (Kar) 210Lokesh Kumar AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 211C Ganesh Narayan & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 212Surya & CO & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar)...

Subsisting Contract With Panchayat Necessary For Disqualification Of Member U/S 12(h) Of Gram Swaraj & Panchayat Act: Karnataka High Court

The Karnataka High Court has held that it is only a subsisting contract with the Panchayat that could lead to a disqualification of a member under Section 12 (h) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and not the previous work done by the member.A single judge bench of Justice S Sunil Dutt Yadav while dismissing the petition filed by B T Kumar challenging the election of B...