Karnataka High Court Weekly Roundup: January 29 To February 4, 2024

Citations: 2024 LiveLaw (Kar) 47 To 2024 LiveLaw (Kar) 57Nominal Index:M/s ICICI Lombard Company Ltd AND Ms Harshitha B & ANR. 2024 LiveLaw (Kar) 47Management of M/s Tata Advanced System Limited AND The Secretary To Department of Labour & Others. 2024 LiveLaw (Kar) 48K T Suresh & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 49K Sajan Aiyappa AND Deputy...

Karnataka High Court Issues 'Preventive Measures' To Be Adopted By BBMP To Curb Unauthorised Constructions

The Karnataka High Court has issued general directions to the Bruhat Bengaluru Mahanagara Palike (BBMP) suggesting preventive steps to be taken so that new constructions are not carried out in violation of building plans. A single judge bench of Justice Suraj Govindaraj took on record the office order dated 27.07.2023 issued by the Chief Commissioner to all the officers enclosing the...

Industrial Disputes Act | Project Leader Can't Be Implied To Be Doing Clerical, Manual Or Technical Work: Karnataka HC Sets Aside Labour Court Order

The Karnataka High Court has said that an employee working as a project lead in an Information Technology Services and Consulting company, would not come in any of the classifications envisaged under Section 2 (s) of the Industrial Disputes Act and the Labour Court has no jurisdiction to order his reinstatement.A single judge bench of Justice K S Hemalekha allowed the plea filed by Mphasis...

Karnataka High Court Denies Relief To Landowner Who Approached Court With 9 Yrs Delay, Compares Him To 'Rip Van Winkle'

The Karnataka High Court has refused relief to a landowner who challenged the bank auction sale of his land on failure to repay the loan, nine years after the sale took place.A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by Anil H Lad, referred to the short story of Rip Van Winkle, penned by American author Washington Irving in the year 1819, about a Dutch...

Karnataka Industrial Area Development Act | High Court Sets Aside 2009 Notification For Land Acquisition Upon Noting No Steps Were Taken For 14 Yrs

The Karnataka High Court has observed that the Karnataka Industrial Area Development Board (KIADB) which is entrusted to establish and develop industries in suitable areas in the State, must first determine the area that is required for the establishment of industries after conducting a study and only thereafter venture to acquire the lands.A Single judge bench of Justice M I Arun made...

Justice PS Dinesh Kumar Appointed As Chief Justice Of Karnataka High Court

The President has appointed Justice PS Dinesh Kumar as the Chief Justice of the Karnataka High Court.This follows the elevation of Justice Prasanna B Varale, the previous Chief Justice of the Karnataka High Court, as a Supreme Court judge last...

Karnataka HC Grants Anticipatory Bail To Man Accused Of Forwarding Obscene Image Of 'Woman Covered With National Flag, Depicting Incident In Manipur'

The Karnataka High Court recently granted anticipatory bail to an accused who had forwarded a picture he received as a WhatsApp message related to a half-naked woman covered with the National Flag depicting the incident that had taken place in Manipur State.A single judge bench of Justice S Vishwajith Shetty allowed the plea and said “The petitioner is directed to be enlarged on bail in...

Humiliation Suffered By Victim Can't Be Ignored While Considering Recall Application Of Accused: Karnataka High Court In Rape Case

The Karnataka High Court has rejected an application moved by a rape accused seeking to recall the victim for cross-examination, a year after her cross examination was closed.A single judge bench of Justice Rajendra Badamikar sitting at Kalaburagi said, “The victim was already humiliated by kidnap, rape and illegal confinement and she was elaborately cross-examined in the Court. After one...

Tax Levied In Name Of Roads, Footpaths But No Action Ever Taken: Karnataka High Court Orders Appearance Of BBMP Chief

The Karnataka High Court on Tuesday directed the Chief Commissioner of Bruhat Bengaluru Mahanagara Palike (BBMP) to remain present before it in connection to a public interest litigation filed by a resident seeking directions to the corporation to have clear footway-footpaths fitted with handrails in Tyagarajanagara area of Bengaluru. A division bench of Acting Chief Justice P S Dinesh Kumar...

Renowned Shooter Can Possess 10 Arms, 1 Lakh Ammunition: Karnataka High Court

The Karnataka High Court has directed the Deputy Commissioner of Kodagu district to consider the application of a renowned shooter for grant of four more arms and 25,000 ammunition.A single judge bench of Justice M Nagaprasanna allowed the petition filed by K. Sajan Aiyappa and quashed the final notice dated 28.12.2022 issued by the Deputy Commissioner, which directs the petitioner to divulge...

Municipality Can't Forcibly Evict Lessee/Licensee On Expiry Of Lease/License Without Order Of Judicial Or Quasi Judicial Authority: Karnataka HC

The Karnataka High Court has held that on expiry of lease/licence executed by a Municipal Corporation such Corporation cannot forcibly vacate the persons in occupation, but is required to follow the procedure prescribed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, or Transfer of Property Act.A single-judge bench of Justice Suraj Govindaraj directed the...

Karnataka High Court Asks Centre If It Will Produce Review Committee's Order Confirming Account Blocking Orders Against X Corp

The Karnataka High Court on Monday directed the Union of India to respond to an application filed by X Corp (formerly twitter) praying to place on record the orders passed by the Review Committee (contemplated under Blocking Rules of 2009), confirming the orders of the Designated Officer, directing X, to block certain accounts for posting objectionable content. A division bench of Acting...