Karnataka High Court Monthly Digest: March 2024

Citations: 2024 LiveLaw (Kar) 106 To 2024 LiveLaw (Kar) 156Nominal Index: ABC AND XYZ. 2024 LiveLaw (Kar) 106Dr Lata Krishnaraddi Mankali AND State of Karnataka. 2024 LiveLaw (Kar) 107Hemachandra M Kuppalli AND M/s R.B.Green Field & Others. 2024 LiveLaw (Kar) 108The Karnataka Power Corporation Limited & ANR AND K.N. Ningegowda & Others. 2024 LiveLaw (Kar) 109ABC AND XYZ. 2024...

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC

The Karnataka High Court has held that the delay caused in taking cognizance by the magistrate court after a private complaint is filed when there is no malafide on part of the complainant is required to be excluded for the purpose of the computation of the period of limitation as prescribed under Section 468 of the Code of Criminal Procedure.A single-judge bench of Justice Suraj...

Couple Entering Into 'Mubarat' Agreement Is Entitled To Declaration Of Dissolution Of Marriage By Family Court: Karnataka HC

The Karnataka High Court has reiterated that when the parties (Sunni Muslims) have entered into a Mubarat agreement and have decided to dissolve the marriage entered into between them by the said agreement, the Family Court is empowered to consider the application for divorce by mutual consent.A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde allowed the appeal filed...

Stigma Of Ex-Parte Divorce Can't Hang Over Head Of Widow To Deny Her Benefits Of Being Spouse Of Ex-Serviceman: Karnataka High Court

The Karnataka High Court has held that a spouse of an ex-serviceman cannot be denied a grant of a widow identity card on the ground that an ex-parte decree of divorce against the wife was granted on a plea by the husband who passed away during the pendency of the application seeking recall of the ex-parte decree.A single judge bench of Justice M Nagaprasanna allowed the petition filed...

Karnataka High Court Weekly Roundup: March 25 - March 31, 2024

Citations: 2024 LiveLaw (Kar) 142 To 2024 LiveLaw (Kar) 156Nominal Index: N M Suresh AND Sudeep S. 2024 LiveLaw (Kar) 142Amith M Jain AND State of Karnataka. 2024 LiveLaw (Kar) 143Althaf Ahamed AND State of Karnataka & Others. 2024 LiveLaw (Kar) 144THIMMAPPA AND THE STATE BY HOLALKERE POLICE. 2024 LiveLaw (Kar) 145Veeranna G Tigadi AND High Court of Karnataka & Others. 2024 LiveLaw...

Revision Petition Challenging Order Of Waqf Board Is To Be Made In 90 Days As Per High Court Rules: Karnataka HC

The Karnataka High Court has held that though there is no specific period fixed for preferring the Revision petition under the Waqf Act, 1995 however, as per provisions of the High Court of Karnataka Rules, 1959, petitions to revise the order or proceedings of any court shall be presented to the High Court within a period of ninety days from the date of the order.A single judge bench of Justice...

Karnataka HC Lauds Efforts Of MEA, DSG In Granting Visa Clearance To State-Level Cricketer Within 60 Minutes Of Police Clearance To Allow Him To Travel To England

The Karnataka High Court has appreciated the efforts of the Ministry of External Affairs, to clear the file pending before the Regional Passport Office (Bengaluru) within 60 minutes which facilitated the travel of Karnataka State Cricket team player to England to play cricket.A single judge bench of Justice M Nagaprasanna while disposing of the petition filed by cricketer K C Cariappa said...

Pensioners Are In The Evening Of Life After Long & Spotless Service, Welfare State Expected To Treat Them With Soft Gloves: Karnataka High Court

The Karnataka High Court has said that Karnataka Power Transmission Corporation Limited (KPTCL) being a cent per cent public sector undertaking of the Government of Karnataka, falls within the definition of 'State' under Article 12, and an employer in a Welfare State is expected to treat pensioners with soft gloves since they are in the evening of life, having retired after putting in a...

Law Book Publishers Who Print Statutes Should Be Extra Cautious, Any Mistakes May Invite Contempt Or Perjury Proceedings: Karnataka High Court

The Karnataka High Court has said that those who print & publish statutes and statutory instruments should be extra cautious or else, they run the risk of being hauled up for contempt of court, perjury & the like offences in addition to being black-listed from public tenders for the supply of books of their publication.A division bench of Chief Justice N V Anjaria and Justice Krishna...

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court

A single judge bench of the Karnataka High Court comprising of Justice K.S. Hemalekha while deciding a Civil Writ Petition in the case of T.Y. Subramani vs Divisional Controller, K.S.R.T.C. has held that by mere passage of time, a fraudulent practice would not get any sanctity, and equity jurisdiction cannot be exercised in such cases as a person who seeks equity must act in a fair and...

Lokayukta, UpaLokayukta Are Merely Recommendatory Bodies, Can't Direct For Enquiry To Be Entrusted To Them: Karnataka High Court

The Karnataka High Court has held that the State Government possesses the power to entrust the handling of a disciplinary enquiry in respect of an employee of the Karnataka State Pollution Control Board to the Lokayukta or Upa-Lokayukta under Rule 14-A of the CCA Rule.Further, it held that the recommendation by the Lokayukta to the Government, while making a report under Section 12(3) of...

Simultaneous Proceedings Permissible Under Arbitration Act And Negotiable Instruments Act: Karnataka High Court

The Karnataka High Court single bench of Justice Anil B Katti held that simultaneous proceedings can be carried on under the Arbitration and Conciliation Act, 1996 and Section 138 of the Negotiable Instruments Act. The bench further held that a party cannot be acquitted solely on the basis of presence of an arbitration agreement. Brief Facts: The matter pertained to M/s....