Karnataka Co-Operative Societies Act | Right To Vote & Contest Available To Member Does Not Automatically Pass On To Legal Representative: High Court

The Karnataka High Court has held that a nominee or a legal representative of a member of a Co–operative Society, who is admitted as a member after the death of a member, cannot vote and contest in the election to the Board of a Co-operative Society or a general meeting, if he has not completed one year after being admitted as a member.A single judge bench of Justice Ananth Ramanath...

S.222 CrPC | Minor Offence Should Be Cognate Of Major Offence, Can't Be Entirely Different Constituted By Different Ingredients: Karnataka HC

The Karnataka High Court has held that a minor offence within the meaning of Section 222 CrPC would not be something independent of the main offence or an offence merely involving lesser punishments. The minor offence should be composed of some of the ingredients constituting the main offence and be a part of it, Court said.A single judge bench of Justice Shivashankar Amarannavar said,...

Passport Authority Can't Refuse Renewal/ Re-Issue Citing Pending Criminal Investigation Where Cognizance Is Not Yet Taken: Karnataka High Court

The Karnataka High Court has held that Passport authorities cannot deny re-issuance/renewal of passport to those passport holders against whom pending criminal cases are at the stage of investigation, and the concerned court has not yet taken cognizance of the offence.A single judge bench of Justice M Nagaprasanna directed the authorities to act in accordance with the clarification issued...

Karnataka High Court Launches Bilingual 'e-ILR' Series For Public Access To Its Judgments

The Karnataka High Court has made available access to e-ILR Karnataka series (Indian Law Reports) in bilingual format—English and Kannada. The e-ILR, has been launched to provide free access to the Karnataka series of ILR (Indian Law Reports) and Karnataka Teerpugala Varadi. It is designed for Judges, Judicial Officers, Advocates, Litigants, Government Officials, Law Students and the Public...

UAPA | Article 21 Can't Be Stretched To Protect Those Posing A Threat To Nation's Sovereignty & Integrity: Karnataka High Court

"It is the duty of the Constitutional Courts to protect the nation and its society from such people who indulge in anti national and anti societal activities. Without the nation there is no Constitution," it said.

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216 (Court may alter charge), the powers under Section 216 of Cr.P.C. should not be exercised.A single judge bench of Justice S Vishwajith Shetty said “Abuse of legal procedure is one of the major factors...

Karnataka High Court Weekly Round-Up: February 19 - February 25, 2024

Citations: 2024 LiveLaw (Kar) 84 To 2024 LiveLaw (Kar) 94Nominal Index:BBMP POWRAKARMIKAR SANGHA AND Bruhat Bengaluru Mahangara Palike. 2024 LiveLaw (Kar) 84The Divisional Manager Shriram General Insurance Company Limited AND Yunus & Others. 2024 LiveLaw (Kar) 85Annappa Appasab Mokashi & ANR AND The SLAO & ANR. 2024 LiveLaw (Kar) 86T Narayana Reddy & ANR AND Nirmala &...

Citing Weak Socio-Economic Background Of Accused & Survivor, Karnataka High Court Quashes POCSO Case Over Consensual Relationship With Minor

The Karnataka High Court recently quashed the criminal prosecution initiated against a 20-year old youth for allegedly marrying a minor girl and committing sexual intercourse, leading to her giving birth to a child.A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by the youth who was charged under Sections 366(A), 376(1) of the IPC and Sections 4 and 6 of the...

'I Believe In Writing Easy, Judgments Must Be Understandable By Ordinary People': Karnataka HC Chief Justice PS Dinesh Kumar Bids Farewell

Chief Justice of the Karnataka High Court, Justice PS Dinesh Kumar, on Friday said he believes in writing easy, readable judgments by using simple jargon.Speaking at the farewell function organised for him by the Karnataka State Bar Council he said “Judgments writing involves a solemn process to uphold constitutional responsibilities, judgments must be easily understandable by...

Karnataka Examination Authority Allotted MD Respiratory Seat 'Illegally': High Court Imposes Rs.1 Lakh Cost

The Karnataka High Court has imposed a cost of Rs 1 lakh on Karnataka Examination Authority after holding that allotment of MD in Respiratory Medicine seat made in favour of a candidate was wholly illegal.A division bench of Chief Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda allowed the petition filed by Dr. Rajesh Kumar D and set aside the order allotting seat to Pradeep Naik...

Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC

The Karnataka High Court has held that merely because the appointing authority looked into a daughter's marital status to determine her dependency on deceased employee will not by itself amount to gender discrimination.A single judge bench of Justice Sachin Shankar Magadum clarified that the object of compassionate appointment is firmly rooted in addressing the immediate financial crisis faced...

Hindu Adoption & Maintenance Act | Presumption Of Validity Operates In Favour Of Registered Adoption Deed, Strict Proof Not Required: Karnataka HC

The Karnataka High Court has said that a strict burden of proof for an adoption cannot be insisted upon when the adoption deed is registered.A single judge bench of Justice HP Sandesh allowed an appeal filed by MG Purushotham who had challenged the order of the trial court and the first appellate court allowing the suit filed by NK Srinivasan and others, declaring him as the absolute owner of...