PDS Depots Not Profit Oriented, Unscrupulous License Holders Must Be Weeded Out: Karnataka High Court

The Karnataka High Court has dismissed an appeal filed by a Fair Price Depot owner challenging the order cancelling his authorisation and forfeiting the security deposit made by him after he was found guilty of malpractice in distributing food grains.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit, dismissed the appeal filed by K L Shivanna and said,...

Karnataka HC Quashes Order Directing Freezing Of Startup Company's Bank Account After Director Was Accused Under NDPS Act

The Karnataka High Court set aside an order freezing the bank accounts of a startup company after one of the directors was booked for offences punishable under the Narcotics Drugs and Psychotropic Substances Act (NDPS).A single-judge bench of Justice M Nagaprasanna allowed the petition filed by M/s. Ownpath Learning Private Limited and said “Freezing the bank accounts of the Petitioner...

Specific Relief Act | Adequacy Of Bank Balance Not Absolute Prerequisite To Prove Readiness &Willingness To Meet Contractual Obligations: Karnataka HC

The Karnataka High Court has held that though it is relevant to consider the bank balance of a party while considering the issue of his readiness and willingness to execute a sale agreement, it is not an absolute prerequisite to establish the same.A Single judge bench of Justice Sachin Shankar Magadum said, "A plaintiff's financial constraints, per se, should not be wielded as a...

Principle Of Pay And Recover To Be Applied In Cases Where Driver's License Not Proved: Karnataka High Court

The Karnataka High Court has held that in cases where it is not proved that deceased driver of a vehicle involved in a road accident possessed valid driving licence, the Claims Tribunal will have to apply principles of 'pay and recover' by directing the insurance company to deposit the compensation amount and recover it later from the owner of the vehicle.A single judge bench of Justice...

Rule Of Locus Standi Liberally Construed Where State Largesse Granted Illegally: Karnataka High Court

The Karnataka High Court has said that in matters concerning illegal grant of State largess, the rule of locus standi is to be liberally construed and that would serve the public interest. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed an appeal filed by Adichunchanagiri Maha Samstana Mutt challenging a single bench order wherein the court allowed...

Centre Has Absolute Power To Expel Foreigners Who Overstay: Karnataka HC Dismisses Plea By Alleged Bangladeshi Spy Challenging 'Exit Permit'

The Karnataka High Court has said that the power of Government of India to expel nationals of other countries who overstay in the nation without any document is absolute and unfettered.A single judge bench of Justice M Nagaprasanna dismissed a petition filed by a Bangladeshi national Raktima Khanum who had questioned the issuance of exit permit to her by the Foreigners Regional...

Karnataka High Court Weekly Round-Up: January 15 To January 22, 2024

Citations: 2024 LiveLaw (Kar) 21 To 2024 LiveLaw (Kar) 34Nominal Index:Attikaribettu Grama Panchayath AND Ganesha & Others. 2024 LiveLaw (Kar) 21Sharadha L Dodmani AND State of Karnataka & Others. 2024 LiveLaw (Kar) 22Shrishail AND State of Karnataka. 2024 LiveLaw (Kar) 23M/s Thakur Industries AND State of Karnataka & Others. 2024 LiveLaw (Kar) 24Koshy Varghese AND Union of...

Revised Returns Filed Waiving Claim And Paid Taxes: Karnataka High Court Quashes Section 276C(1) Prosecution For Wilful Tax Evasion

The Karnataka High Court has quashed the prosecution under Section 276C(1) of the Income Tax Act for wilful tax evasion.The bench of Justice M. Nagaprasanna has observed that the assessees filed revised returns, waiving their claim for short-term capital loss and long-term capital gains, and also paid taxes, the moment the search was conducted and the assessment proceedings commenced.In...

High Court Imposes ₹5 Lakh Cost On Karnataka Examinations Authority For Illegally Allotting Reserved MD Radio Diagnosis Seat To Ineligible Candidate

The Karnataka High Court has imposed a cost of Rs 5 lakh on Karnataka Examinations Authority (KEA) after holding that it illegally allotted a reserved seat in the MD Radio Diagnosis course, in favour of one Dr. Sunil Kumar H B.A division bench of Justice P S Dinesh Kumar and T G Shivashankare Gowda allowed the plea filed by Dr. Rajini C K, set aside the seat allotted to Dr Kumar and directed...

Universities To Process Applications For Name & Gender Change In Degree Certificates Of Trans Persons Under NALSA Guidelines, Not Drive Them To Court: Karnataka HC

The Karnataka High Court has observed that Universities/Educational Institutions should process applications for change of name and gender made by transgender persons in degree certificates upon receipt of requests instead of driving all applicants to court for directions. A single judge bench of Justice Ravi V Hosmani issued the direction after it was informed there are innumerable...

Karnataka High Court Asks Registrar To Verify Authenticity Of Aadhar Card Before Registering Agreements Of Sale, Other Documents

The Karnataka High Court has directed the Inspector General of Registration to verify the authenticity of the Aadhar card and identity of the person who produces it for registering any document and only thereafter proceed with the registration of a document.A single judge bench of Justice Suraj Govindaraj noted that in terms of the Aadhaar (Targeted Delivery of Financial and Other...

Grant Of Land To Grow Trees Cannot Be Extended To Mean Title In Granted Land: Karnataka High Court

The Karnataka High Court has made it clear that if the land is granted only to grow trees, it cannot be treated as the grant of land itself.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit while dismissing an appeal against a single bench order refusing to declare that the title in the land belongs to the appellant said,“In the case of Grant, ordinarily title...