Karnataka High Court
Attesting Witness To Sale Deed Can't Be Held Criminally Liable For Cheating In Absence Of Any Allegations Against Them: Karnataka High Court
The Karnataka High Court has reiterated that an attesting witness to a sale deed cannot be dragged into a case of cheating if there is no other allegation against him except that he is an attesting witness. Justice M Nagaprasanna thus allowed the petition filed by one Rajesh Totaganti and quashed the proceedings initiated against him for offences punishable under sections 420, 465, 467, 468,...
Karnataka High Court Seeks 'Positive Response' From State On PIL By Visually Impaired For Restoration Of Audio Announcements On Public Transport
The Karnataka High Court on Tuesday directed the State government to come out with a proper, positive and effective response to a PIL moved by a visually impaired person, seeking restoration of audio announcement service in State and Corporation buses and Metro railways.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit asked the State to ensure 'safe and...
Driver Not Holding Valid Driving License Doesn't Automatically Lead To Finding Of 'Contributory Negligence': Karnataka High Court
The Karnataka High Court has reiterated that though driving a vehicle without a licence is an offence but the same by itself, may not lead to a finding of contributory negligence against the driver when met with an accident not caused by him.A division bench of Justice Mohammad Nawaz and Justice Rajesh Rai K modified the order of the Motor Accident Claims Tribunal which tied 23%...
Karnataka High Court Monthly Digest - September 2023
Citations: 2023 LiveLaw (Kar) 337 To 2023 LiveLaw (Kar) 374Project Vruksha Foundation V State Board For Wildlife (SBWL). 2023 LiveLaw (Kar) 337Dr Kallappa Mahadevappa Hosmani AND The Deputy Superintendent of Police, Karnataka Lokayukt. 2023 LiveLaw (Kar) 338A MANJU And PRAJWAL REVANNA @ PRAJWAL R. 2023 LiveLaw (Kar) 339Abdul Rehman And State of Karnataka & Others. 2023 LiveLaw...
Karnataka High Court Closes Contempt Case Against Doctor Mother Who Failed To Comply With Custody Order, Directs Her To Do Community Service
The Karnataka High Court recently dropped the contempt proceedings initiated against a doctor after she tendered her unconditional apology and offered to engage herself a day of every calendar month in Community Services for six months in any Government Hospital of Bengaluru City. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit accepted the statement made by...
Karnataka High Court Allows Probe Against MLA For Allegedly Granting Govt Land To Ineligible Persons
The Karnataka High Court has dismissed a petition filed by Congress MLA K.Y.Nanjegowda and three others seeking to quash a criminal case registered against them alleging the grant of government land worth around Rs 150 crore to ineligible persons in his capacity as Chairman and Members of Malur taluk Land Grant Committee in 2019. Justice M Nagaprasanna dismissed the petition and...
Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court
The Karnataka High Court has refused to accept an ex-parte order passed by a court in Germany, granting custody of a 9 year old child to his mother who resides there. A division bench of Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda dismissed a petition filed by a woman seeking custody of her child who is presently residing with his father. The woman had argued that a German...
Govt Ads With Images Of Political Leaders Frowned Upon But Not Prohibited: Karnataka High Court
The Karnataka High Court has dismissed a public interest litigation seeking the removal of the names and photographs of Chief Minister Siddaramaiah, Deputy Chief Minister D K Shivakumar, and other concerned ministers from various advertisements and sanction orders related to government schemes called Gruhalakshmi and Gruha Jyothi Schemes.A division bench of Chief Justice Prasanna B Varale...
Karnataka High Court Weekly Round-Up: 25 September To October 1, 2023
Nominal Index: Dr Mohan Bhatta M R And State of Karnataka & Others. 2023 LiveLaw (Kar) 366Babu s/o Shankarappa Mukkannvar And Union of India & Others. 2023 LiveLaw (Kar) 367Kum Sowmya R AND Registrar General & Others. 2023 LiveLaw (Kar) 368Vikram & Others AND Union of India & Others. 2023 LiveLaw (Kar) 369The Divisional Manager The New India Insurance Company Ltd AND...
Mere Allegations Of Harassment For Demand Of Loan Repayment Not Abetment Of Suicide U/S 306 IPC Without Mens Rea: Karnataka High Court
The Karnataka High Court has held that insisting the deceased to repay the loan borrowed by him does not amount to abetment to commit suicide under Section 306 IPC. Justice Shivashankar Amarannavar added that mere harassment or demands for loan repayment, without the intention to drive the person to suicide, do not constitute abetment.“There is no evidence to show that the appellant/accused...
Bengaluru Court Orders Suspension Of X Account Of 'The Liver Doctor' In Defamation Suit Filed By Himalaya Wellness Corporation
A Bengaluru Civil Court has passed an ex-parte interim injunction order to X (formerly known as Twitter) to suspend the account of Dr Cyriac Abby Philips who operates the widely popular X handle '@theliverdr'. The order was passed in a suit filed by Himalaya Wellness Corporation which alleged that he made defamatory allegations against the company products.The case of the Himalaya...
State Not 'Victim' In Criminal Trials, Cannot Invoke S.372 CrPC To Challenge Acquittal; May Proceed U/S 378 CrPC: Karnataka High Court
The Karnataka High Court has held that the State Government cannot be construed as a 'victim' under Section 372 CrPC and an appeal filed by it against an acquittal order is not maintainable under the said provision. A single judge bench of Justice S Rachaiah pointed that the legislature has provided a separate provision for the State, Section 378 CPC, to prefer appeal against acquittal....