[Intra-Court Appeal] Single Bench Not A Court Subordinate To Division Bench, Matter Decided On Merits Can't Be Remitted Back: Karnataka HC

The Karnataka High Court has said that in an intra-court appeal, the division bench of the high court in its jurisdiction under Article 226 of the Constitution cannot remit a matter back to the single judge bench if it has been decided on merits. A single judge bench is not a court subordinate to the Division Bench of the high court, it added. Justice M Nagaprasanna made the observation when...

Karnataka High Court Weekly Round-Up [January 8 To January 14, 2024]

Citations: 2024 LiveLaw (Kar) 10 To 2024 LiveLaw (Kar) 20Nominal Index:H Manjunath AND Karnataka State Bar Council & ANR. 2024 LiveLaw (Kar) 10All India HDPE/PP Woven Fabric Manufacturers Association AND The Secretary Government of India, Competition Commission of India & Others. 2024 LiveLaw (Kar) 11ABC AND XYZ. 2024 LiveLaw (Kar) 12Bhimappa Gundappa Gadad AND Government of...

Job Predominant Source Of Livelihood, Snatching It Away Offends Fundamental Right To Life: Karnataka High Court On Dismissal Sans Inquiry

The Karnataka High Court has said that Grama Panchayat cannot dismiss an employee only if a criminal case is registered against him. Dismissal from service can be ordered only after holding an enquiry, it added.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the appeal filed by Attikaribettu Grama Panchayath challenging a Single Judge's order whereby...

Karnataka HC Upholds Non-Renewal Of License Of G.R. Medical College Due To Deficiencies, Allows Transfer Of Enrolled Students To Other Colleges

The Karnataka High Court has dismissed a plea filed by a G.R. Medical College Hospital and Research Centre, Mangalore, challenging the National Medical Council's (NMC) denial of renewal of permission for its 150 1st year MBBS Seats for the academic year 2022-23 and the government's decision to transfer the 150 students to different Medical Colleges in the State.A division bench of Justice P...

On Provisionally Admitted Transgender Student's Plea, Karnataka High Court Asks NLSIU To Disclose Norms Set For Extending Financial Aid

The Karnataka High Court on Friday directed the National Law School of India University (NLSIU) to inform the norms framed by its committee for extending financial aid to students who have been admitted in the University to pursue various courses and the extent of financial aid which can be given. A single judge bench of Justice Ravi V Hosmani issued the direction while hearing an...

Purchasing Even 50 Sq Mtrs Plot A Dream In Bangalore, Authorities Should Favourably Consider Sanctioning Building Plans: High Court

The Karnataka High Court has held that there is no blanket prohibition which is imposed as regards sanction of construction plan on a plot measuring less than 50 sq. metres under the Bangalore Mahanagara Palike Building Bye-laws, 2003.Instead such sanction in respect of private landowners would have to be considered and acceded to by following due principles of law, in the interest of...

Pontiff Travelling Abroad No Ground To Bar Him From Performing Pooja At Udupi Temple: Karnataka High Court

The Karnataka High Court has dismissed a PIL seeking to preclude Puttige Mutt seer Sugunendra Theertharu from performing religious rituals in Udupi as he had travelled abroad.Petitioner Gururaj Jeevan Rao claimed that the pontiff had crossed oceans and therefore, as per traditions of subject Mutt, he is not entitled to touch the idol of Lord Krishna and he is disqualified from worshipping...

Copyright Act | Karnataka High Court Quashes Prosecution Against ANI Technologies, CEO Upon Being Told Of Settlement Between Parties

The Karnataka High Court has quashed prosecution initiated under provisions of the Copyright Act, against ANI Technologies Private Limited which operates Olacabs, and its Chief Executive Officer, Bhavish Aggarwal. A single judge bench of Justice K Natarajan allowed the petition and quashed the FIR registered by the Jeevan Bheemanagar Police Station under sections 63 and 64 of the Copyright...

Karnataka Co-operative Societies Act | All Director Posts Deemed Vacated If Few Members Resign And Board Falls Short Of Quorum: High Court

The Karnataka High Court has held that upon the resignation of few members of the Board of a Society as governed under the Karnataka Co-operative Societies Act, elections are required to be held to the posts of all the Directors including the posts of Directors who have not tendered their resignations, if the Board falls short of quorum. A single judge bench of Justice C M Poonacha dismissed...

Karnataka High Court Strikes Down 100% Reservation For Women In Recruitment To Cadre Of 'Nursing Officers' In Military

The Karnataka High Court has struck down the expression "if woman" found in Section 6 of the Indian Military Nursing Services Ordinance, 1943 as unconstitutional. By this expression, 100 percent recruitment was reserved for women in the cadre of 'nursing officers'.A Single judge bench of Justice Ananth Ramanath Hegde sitting at Dharwad partly allowed the plea filed by Sanjay M Peerapur and...

Tax Exemption Can't Be Denied To Govt's Helicopter Pilots Trainer For Non-Furnishing GSTIN : Karnataka High Court

The Karnataka High Court has held that tax exemption cannot be denied to the government's helicopter pilot trainer merely for non-furnishing goods and service tax identification numbers (GSTIN) initially.The bench of Justice B. M. Shyam Prasad has observed that the GSTIN of the recipient organization was not furnished initially, is able to be furnished later, and demonstrates that its services...

God Is One, Though Called By Many Names: Karnataka HC Dismisses Plea Seeking Disqualification Of Ministers & MLAs For Not Taking Oath As Prescribed

The Karnataka High Court recently dismissed a plea seeking the disqualification of 9 ministers and 37 MLAs, who did not take oath as per the prescribed format under Schedule III of the Constitution of India. The plea also called for their appointments to be declared unconstitutional and illegal. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the...