Karnataka High Court Quashes Case Over Shouting 'Jai Sriram' Inside Mosque, Says It Doesn't Outrage Religious Feelings

Quashing a case against two men accused of an offence under IPC Section 295A for allegedly shouting 'Jai Sriram' in a mosque, the Karnataka High Court said it was not understandable how the slogan would outrage the religious feelings of any class. This the high court said after noting that the complainant in the case had himself said that Hindus and Muslims were living in harmony in the...

Karnataka HC Issues Guidelines To Trial Court For Release Of Property Like Mobile Phones, Laptops Seized During Criminal Case Investigation

The Karnataka High court has issued model guidelines to be followed by the trial courts while dealing with release of the seized properties either under Section 451 and 457 Cr.P.C., or under Section 497 of BNSS, till the State Government issues directions in this regard.A single judge bench of Justice V Srishananda in its order said, “State Government is required to frame necessary rules...

Karnataka High Court Seeks ASI's Response On Plea To Declare Allama Prabhu Swamy Temple As Protected Monument

The Karnataka High Court on Monday (October 14) sought the Archaeological Survey of India's stand in a public interest litigation (PIL) plea seeking directions for declaring the Allama Prabhu Swamy Temple situated at Hidkal dam backwaters in Belagavi district as a protected monument claiming that it is over 100 years old. The PIL petition, moved by law student Nikhil Patil, further seeks that...

Karnataka HC Upholds Power Of Bangalore Development Authority To Reject Auction Bid Without Giving Reasons Under Commercial Site Rules

The Karnataka High Court has upheld the power of the Bangalore Development Authority (BDA) to accept or reject the bid made by a successful bidder for sites auctioned by it, without assigning any reasons.A division bench of Justice Anu Sivaraman and Justice G Basavaraja said, “The act and conduct of the BDA appears to be bona fide and in the interest of public and also to the benefit of...

Karnataka High Court Weekly Round-Up: October 07 To October 13, 2024

Citations: 2024 LiveLaw (Kar) 428 To 2024 LiveLaw (Kar) 435Nominal Index:B J Rajni & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 428The Legal Manager Shriram General Insurance Company Limited AND Nagamma & Others and Smt Nagamma and Others AND Sri P Penkatesh and others. 2024 LiveLaw (Kar) 429M S Praveen Kumar AND State of Karnataka & Others. 2024 LiveLaw (Kar)...

Karnataka HC Grants Relief To Court Officer, Directs Authority To Consider His Claim For Reimbursing Emergency Medical Expenses

The Karnataka High Court has reiterated that government servants are entitled to reimbursement of medical expenses incurred at non-empanelled private hospitals provided they were referred there by a recognized government hospital.A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Nagabhushana B, an Assistant Court officer, who had questioned the order rejecting...

Writ Petition Not Maintainable Against Refusal Of Interim Injunction If Decided After Hearing All Parties: Karnataka High Court

The Karnataka High Court has said that only an appeal can be filed against an order refusing interim injunction if the order is passed after hearing all the parties to the proceedings and a writ petition challenging the same is not maintainable.A single judge bench of Justice Suraj Govindaraj held thus while dismissing a petition filed by one Vishwanath Baati. The petitioner had sought...

Can't Shift Undertrials From One Prison To Another At Whims And Fancies Of Prosecution: Karnataka HC In Murder Case Involving Actor Darshan

The Karnataka High Court has directed the prison authorities to re-shift one of the accused involved in the Renukaswamy murder case in which Kannada actor Darshan Thoogdeep Srinivas is also an accused, to the Central Prison, Bengaluru from Belagavi Central Prison.Accused Darshan was recently spotted sitting along with other prisoners inside the prison and sipping coffee and smoking....

Registration Of FIR U/S 154 CrPC After BNSS Came Into Force Not A Curable Defect: Karnataka High Court

The Karnataka High Court has held that from July 1, 2024 onwards when the Bharatiya Nagarik Suraksha Sanhita (BNSS) came into force, the police registering an FIR under the repealed Criminal Procedure Code, is incorrect.A single judge bench of Justice K Natarajan, sitting at Kalaburagi bench, allowed the petition filed by Arunkumar and quashed the FIR registered against him under Section...

Bar Council Of India Cannot Issue Gag Orders Restraining Speech Of Advocates Or Its Members: Karnataka High Court

The Karnataka High Court has held that the Bar Council of India (BCI) does not have the power to issue gag orders restraining the speech of Advocates or even the members of the Bar Council.A single judge bench of Justice M Nagaprasanna said “The Chairman of the Bar Council of India ostensibly cannot pass any such gag order which takes away the fundamental right of any Advocate. The power of...

Party Cannot Mount Fresh Challenge Against Land Grant Order Or Claim Title Over Property In Review Plea: Karnataka High Court

The Karnataka High Court has said that parties cannot be permitted to mount a fresh challenge to a land grant order which has been duly upheld by the coordinate Bench, under the guise of a review petition.A single judge bench of Justice Sachin Shankar Magadum dismissed a petition filed by one M S Praveen Kumar and said, “Allowing such a challenge would not only undermine the established...

Insurer Has To Pay Claimants, Recover Amount From Vehicle Owner In Absence Of Valid Permit At The Time Of Accident: Karnataka HC Reiterates

The Karnataka High Court has reiterated that even though the vehicle which causes an accident does not hold a valid permit and fitness certificate at the time of accident, the insurance company is liable to pay the compensation amount due to the claimants and recover it from the vehicle's owner.A single judge bench of Justice T G Shivashankare Gowda refused to accept the contention of...