Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence

The Karnataka High Court has set aside the murder conviction and life sentence imposed on three accused of setting ablaze a woman. Citing prosecution's failure to establish its case beyond reasonable doubt, a Division bench of Justice Sreenivas Harish Kumar and Justice S Rachaiah remarked,“It appears that the trial court has morally convicted the accused in the absence of legal...

No Further Enquiry Can Be Ordered Unless A Case Is Made Out: Karnataka High Court

The Karnataka High Court has dismissed a petition filed by Chairman of Central Board of Direct Taxes challenging an order of Central Administrative Tribunal's whereby it quashed the 'charge sheet' in the disciplinary enquiry against Assistant Income Tax Commissioner and directed it to hold 'Review DPC' within two months to consider her case for promotion.A division bench of Justice Krishna...

Karnataka High Court Dismisses Petition Seeking Termination Of Arbitration Proceedings With Costs Of 25,000/- Citing Delay By Petitioner Itself

The High Court of Karnataka has dismissed a writ petition seeking termination of arbitral proceedings under Section 29A of the A&C Act by observing that the arbitrator had proceeded diligently and it was the petitioner itself who had taken various adjournments causing delay. It imposed a cost of Rs. 25,000/- on the petitioner. The bench of Justices S.G. Pandit and C.M. Poonacha...

Burden On Defendant To Rebut Presumption As To Prima Facie Validity Of Registered Trademark In Suit Against Infringement: Karnataka High Court

The Karnataka High Court has dismissed the appeal filed by a partnership firm challenging trial court's temporary injunction order restraining it from infringing original plaintiff's registered trademark "Hotel Special", in relation to marketing of asafoetida (Hing).A single judge bench of Justice Anant Ramanath Hegde observed that registration of trademark is granted by the authority after...

Karnataka High Court Weekly Roundup: April 08 - April 14, 2024

Citations: 2024 LiveLaw (Kar) 169 To 2024 LiveLaw (Kar) 174Nominal Index:Sachin M R AND State of Karnataka. 2024 LiveLaw (Kar) 169King Solomon David & ANR AND Joint Secretary. 2024 LiveLaw (Kar) 170Dayananda @ R Babu & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 171Priyanka Singh AND Pankaj Singh Sengar. 2024 LiveLaw (Kar) 172M/s Pancharathna Enterprises AND The Commissioner...

[Cheque Dishonour] When Defence Of Accused Is Not Believable, Court Can Infer That He Issued A Cheque For The Said Transaction: Karnataka HC

The Karnataka High Court has held that in a case of dishonour of cheque registered under the Negotiable Instruments Act when the defence of the accused is not believable, inference can be drawn by the court that he made a transaction with the complainant and issued a cheque for the said transaction.A single judge bench of Justice S Rachaiah observed thus while dismissing a petition filed by...

Karnataka High Court Quarterly Digest: January To March, 2024 [Citations: 1-156]

Citations: 2024 LiveLaw (Kar) 001 To 2024 LiveLaw (Kar) 156Nominal Index:Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw (Kar) 1H B Bhagyalakshmi AND Cheluvamma. 2024 LiveLaw (Kar) 2Late H.H. Jyotendra Sinhji Vikramsinhji & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 3Hemanth Raju AND Punitha H J and Another. 2024 LiveLaw (Kar) 4ABC AND State...

No Limitation To Question Fraudulent Act Of Obtaining Benefit From Fake Caste Certificate: Karnataka High Court

The Karnataka High Court while dismissing a petition filed by an Ayush Medical Officer who secured the job based on submission of a false caste certificate, said that if a fraud has been committed by a person at the inception and obtained benefit thereof, there cannot be any limitation to question the said fraudulent act.A single judge bench of Justice V Srishananda dismissed a petition filed...

BBMP Cannot Insist On NOC From Landlord For Renewing Trade License Of Leased Property: Karnataka High Court

The Karnataka High Court has held that insistence on NOC from landlord by the Bruhat Bengaluru Mahanagara Palike (BBMP) for renewing the trade license would not fall into the category of permissible restriction envisaged under Article 19(6) of the Constitution and thus insisting on obtaining of NOC cannot be construed to be a mandatory requirement.A single judge bench of Justice S Sunil...

Husband With 75% Disability Can't Be Directed To Pay Maintenance To Estranged Wife: Karnataka High Court

The Karnataka High Court has refused to direct a husband with 75% disability to pay maintenance to his estranged wife and also set aside an order of the execution court which, acting on the plea filed by the wife, had issued an arrest warrant or fine levy warrant against the husband.A single judge bench of Justice M Nagaprasanna said, “The husband walks with the help of crutches. Therefore,...

Karnataka Excise Act | Police Can't File FIR Solely On Basis Of Seizure Panchnama: High Court

The Karnataka High Court has set aside the conviction handed down to two accused under Sections 32, 34 and 38-A of the Karnataka Excise Act, holding that the police cannot file an FIR on the basis of seizure panchanama.A single-judge bench of Justice S Rachaiah allowed the revision petition filed by Dayananda @ R Babu and Another and set aside the conviction handed down to them by the trial...

Breaking: Karnataka High Court Quashes Union's Circular Banning 23 Breeds Of 'Dangerous & Ferocious' Dogs

The Karnataka High Court on Wednesday quashed the circular issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying Department, which bans the rearing of certain breeds of dogs on the ground of them being ferocious and dangerous to human life.A single judge bench of Justice M Nagaprasanna said, “The High Court of Delhi from which the entire impugned action has sprung...