Karnataka High Court Monthly Digest: April 2024 [Citations 157 - 206]

Citations: 2024 LiveLaw (Kar) 157 To 2024 LiveLaw (Kar) 206Nominal Index: Syed Mohammed Hussain AND The Karnataka State Board of AUQAF & Others. 2024 LiveLaw (Kar) 157Fr. Valerian Fernandes AND State of Karnataka. 2024 LiveLaw (Kar) 158The Managing Director Karnataka Power Transmission Corporation Limited & Others and L Mallikarjunappa. 2024 LiveLaw (Kar) 159K C Cariappa AND Union...

[S.224 IPC] Separate Trial Permissible If Accused Escapes From Lawful Custody While Arrested In Another Crime: Karnataka High Court

The Karnataka High Court has dismissed a revision petition filed by an accused who was convicted by the trial court for running away from the lawful custody of the police under Section 224 of the Indian Penal Code.A single judge bench of Justice H P Sandesh dismissed the petition filed by Somashekar who was convicted by the trial court on 09.06.2014 and sentenced to suffer rigorous...

Karnataka HC Refuses To Quash Case Against Doctor Allegedly Involved In Illegal Medical Termination Of Pregnancy Scam

The Karnataka High Court has refused to quash proceedings initiated against a doctor who runs a private hospital and is alleged of huge scam of illegal termination of pregnancy in the hospital belonging to him.A single judge bench of Justice S Vishwajith Shetty dismissed the petition filed by Dr. Ravikumar N.K who had approached the court seeking to quash the proceedings initiated for...

Shariat Law Doesn't Override Stamp Act; Transfer Of Property By Way Of Settlement Deed Permissible Among Mohammedans: Karnataka High Court

The Karnataka High Court has held that the Muslim Personal Law (Shariat) Application Act, 1937, does not override Section 2(q) and Article 48 of the Karnataka Stamp Act 1957, which deal with the contract of “settlement” thus, the transfer of property by way of “settlement” is very much permissible even among Mohammedans.A single-judge bench of Justice Ananth Ramanath Hegde allowed...

Fraud U/S 23(1) Senior Citizens Act Limited To Breach Of Condition Of Upkeep Of Transferor, Can't Be Enlarged To Fraud In Civil Law: Karnataka HC

The Karnataka High Court has made it clear that the concept of fraud or coercion incorporated in the Section 23 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to be the ground to declare the gift deed as void is limited to the breach of condition that the transferee shall provide basic amenities and physical needs to the senior citizen-transferor.A division bench...

Special Courts Established Under Companies Act, 2013 Can't Retrospectively Try Offences Committed Under 1956 Act: Karnataka High Court

The Karnataka High Court has quashed a criminal prosecution initiated in 2015 by the Serious Fraud Investigation Office (SFIO) against the accused involved in the merger initiated by Kingfisher Airlines Limited (KFAL) to acquire Deccan Aviation Limited (DAL) by providing fraudulent documents to its shareholders, stakeholders thereby violating various provisions of the Companies Act and the...

Karnataka High Court Weekly Round-Up: April 22 - April 28, 2024

Citations: 2024 LiveLaw (Kar) 186 To 2024 LiveLaw (Kar) 201Nominal Index:M/s Radical Works Pvt Ltd AND Padmanabh T G. 2024 LiveLaw (Kar) 186P Anandan AND The Divisional Controller. 2024 LiveLaw (Kar) 187R BHARATH AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 188HIGH COURT OF KARNATAKA VS. STATE OF KARNATAKA AND OTHERS. 2024 LiveLaw (Kar) 189ABC AND State of Karnataka & ANR....

The Issue Of Limitation Is Also Part And Parcel Of The Arbitrable Point: Karnataka High Court

The bench of Justice C.M. Joshi of Karnataka High Court (Kalaburagi Bench) has held that the issue of limitation of claims is a part and parcel of the arbitrable point which can be decided by the arbitrator. The Court relied upon the judgment of the Apex Court in BSNL v. Nortel Neworks, LL 2021 SC 153 wherein the Apex Court held that issue of limitation is a mixed question of law and...

[Elections] Party's Declaration, Promise Of Policies They Intend To Implement Can't Be Considered Corrupt Practise Under RP Act: Karnataka High Court

The Karnataka High Court has held that a declaration by a party as to the policy that they intend to bring about cannot be considered a corrupt practice for the purpose of Section 123 of the Representation of Peoples Act.A single judge bench of Justice M I Arun dismissed an election petition filed by a voter Shashanka J Sreedhara from Chamrajpet Assembly Constituency challenging the selection...

General Elections: Karnataka High Court Stays Proceedings Against Deputy CM Shivakumar For Alleged Violation Of Code Of Conduct

The Karnataka High Court on Thursday stayed further investigation in the case registered against Deputy Chief Minister DK Shivakumar for alleged violation of the Model Code of Conduct. It is alleged that while campaigning in rural Bengaluru, from where his brother D K Suresh is seeking re-election, the Congress leader promised water supply from contentious Cauvery river to the residents of...

Election | Candidate's Affidavit Need Not Disclose Those Criminal Cases Where Charge Is Not Framed Or Cognizance Not Taken: Karnataka HC

The Karnataka High Court has made it clear that not every criminal case launched against a candidate contesting elections either by way of registering the FIR or by moving private complaint has to be disclosed in the affidavit accompanying the nomination papers.Court said cases where charges have not been framed or cognizance of the offences alleged has not been taken need not be disclosed in...

Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman

The Karnataka High Court single-judge bench of Justice Shivshankar Amarannavar held that when an industrial dispute is pending in an adjudicatory body, the employer must seek approval from the Tribunal for the dismissal of the worker, as mandated by Section 33(2)(b) of the Industrial Disputes Act. If any approval is not sought and granted, such dismissal would be...