Centre Not Powerless To Order SFIO Probe During Ongoing Investigation U/S 210 Of Companies Act 2013: Karnataka High Court

The Karnataka High Court has held that once an investigation has commenced under Section 210 of Companies Act 2013, the statute does not render the Government of India powerless to assign the probe to the Serious Fraud Investigation Office (SFIO) under Section 212 of the Act.A single judge bench of Justice M Nagaprasanna made the ruling while dismissing a petition filed by Exalogic...

BREAKING| Karnataka High Court Dismisses Plea Of Kerala CM's Daughter's Company Challenging SFIO Probe

The Karnataka High Court on Friday (February 16) dismissed the petition filed by Exalogic Solutions Private Ltd - a company of which Kerala Chief Minister Pinarayi Vijayan's daughter Veena Vijayan is a director - challenging the investigation by the Serious Fraud Investigation Office (SFIO) against the company.A bench of Justice M Nagaprasanna dismissed the petition filed by Exalogic...

POCSO Convict Not Entitled To Benefit Under Probation Of Offenders Act: Karnataka High Court

The Karnataka High Court has held that the benefit under the provisions of the Probation of Offenders Act, cannot be extended to a person convicted under the provisions of the Protection of Children from Sexual Offences Act (POCSO).A division bench of Justice Sreenivas Harish Kumar and Justice Vijaykumar A Patil overturned the acquittal order passed by the trial court and sentenced Prathap...

[S.498A IPC] Woman Alleged Of Having Illicit Relationship With Complainant's Husband Can't Be Charged With Cruelty, Adultery No Longer An Offense: Karnataka HC

The Karnataka High Court has quashed a case of cruelty under Section 498A IPC against a woman (accused no 9) who was alleged to be in an illicit relationship with the husband of the complainant.A single judge bench of Justice K Natarajan while allowing the plea filed by the woman held: “The allegation against accused No.9 is nothing but adultery. The allegation also reveals that she was...

Gujarat HC Judge Justice NV Anjaria Appointed As Next Chief Justice Of Karnataka High Court

The Central Government today notified the appointment of Gujarat High Court judge Justice NV Anjaria as the Next Chief Justice of Karnataka High Court.He will assume charge of the office, consequent upon the superannuation of Justice PS Dinesh Kumar, present Chief Justice of the Karnataka High Court on February 24, 2024.Justice Anjaria was appointed as a Judge of the Gujarat High Court on...

Conferring 'Protected Workman' Status On Delinquent Workman Facing Disciplinary Action May Encourage Others To Indulge In Such Activities: Karnataka HC

The Karnataka High Court has held that if it is proved in the disciplinary proceedings that a workman is guilty of the allegations or if a charge sheet is filed in a criminal case by the police in that event, the said workman cannot be accorded the status of “protected workman”.A single judge bench of Justice K S Hemalekha set aside the order passed by the Labour Commissioner on...

After Amendment Mere Reason To Believe Can't Be Ground For Carrying Out Reassessment: Karnataka High Court

The Karnataka High Court has held that the Assessing Officer has to be prima facie satisfied that there is “escapement of income”, unlike earlier law which permitted action based on mere reason to believe. Now mere reason to believe, cannot be a ground for carrying out assessment under section 147 of the Income Tax Act.The bench of Justice Krishna S Dixit has observed that under the...

Arbitration Agreement Valid Even If It Refers To Arbitration Act, 1940 As Applicable Law: Karnataka High Court

The Karnataka High Court single bench of Justice HP Sandesh held that even if an arbitration agreement erroneously refers to the 1940 Act after the enactment of the 1996 Act, it does not render the agreement invalid. It held that arbitral proceedings initiated under it before the enactment of the 1996 Act could continue under the old Act unless the parties agreed...

[O.7 R.10 CPC] Defendant In A Suit Cannot File An Application For Return Of Plaint Due To Lack Of Territorial Jurisdiction: Karnataka High Court

The Karnataka High Court has made it clear that an application under Order 7 Rule 10 (Return of plaint) of the Civil Procedure Code (CPC) can be maintained only by the plaintiff and not by the defendant in a suit.A single judge bench of Justice Suraj Govindaraj dismissed a plea by Acharya Pathasala Educational Trust by holding that "an application under Rule 10 of Order VII of the Code of...

[Bangalore Teacher's Constituency Bye-Election] Karnataka HC Reduces Restriction On Sale Of Liquor, Dry-Day To Be Observed On Polling & Counting Days

The Karnataka High Court on Wednesday passed an interim order limiting the ban imposed on the sale, distribution, and serving of liquor in all retail shops, hotels, bars, bar and restaurants, etc from 6 am to 12 am on February 16th and February 20th. Previously the authorities had announced a dry day from 5.00 pm on February 14 to 6.00 am on February 17 and 6.00 am to midnight on February...

Karnataka High Court Calls For Intervention Of State Bar Council To Mediate Dispute Between Two Factions Of Lawyers In Kittur Taluk

The Karnataka High Court has requested the Chairman of the State Bar Council to find a way to mediate the dispute between the two factions of lawyers in Kittur Taluk, so as to maintain harmonious relation between the members of the Bar.A single judge bench of Justice Suraj Govindaraj made the suggestion while dismissing a plea filed by the Bar Association, Kittur, challenging the resolution...

RERA | Karnataka High Court Raps Panchayat For Issuing Occupancy Certificate Without Inspection, "From Within Four Corners Of AC Chambers"

The Karnataka High Court recently pulled up the Kannamangala Gram Panchayat for issuing occupancy certificate to a retirement home project without carrying out any inspection as to the actual state of the site.While refusing to interfere with Karnataka RERA's order declaring the project 'Serene Urbana' an "on-going project", Justice M Nagaprasanna observed that the apartment complex did not...