Karnataka High Court
Karnataka High Court Urges Collaborative Action Plan To Address Illegal Constructions In Bengaluru
The Karnataka High Court on Monday directed all the stakeholders to come together and prepare a composite action plan to address the issue of demolition and removal of illegal structures and for taking preventive measures against such illegal constructions in Bengaluru City. A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal emphasised that a unified approach is vital...
Court Halls Expansion: Karnataka High Court Asks State To Submit At least Three Proposals To Chief Minister
The Karnataka High Court on Monday directed the State government to submit a minimum of three proposals to the Chief Minister for consideration regarding the provision of more space for the expansion of the High Court.A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal, upon going through the compliance affidavit filed by the State, observed that merely submitting...
S.120 Evidence Act | Wife Competent To Depose On Behalf Of Plaintiff Even In Absence Of Power Of Attorney: Karnataka High Court
The Karnataka High Court has said the wife of a plaintiff, even in the absence of power of attorney issued to her, is competent enough to depose on behalf of the original plaintiff in a civil suit. A single judge bench of Justice V Srishananda, sitting at Dharwad, recently dismissed an appeal filed by Shashikala and others challenging an order passed by the First appellate court which...
Karnataka High Court Weekly Round-Up: August 6 To August 13
Nominal Index: Rasik Lal Patel & ANR AND State of Karnataka & ANR. 2023 LiveLaw (Kar) 297M/s Legal Property & ANR And Chief Manager, State Bank of India & ANR. 2023 LiveLaw (Kar) 298ABC And XYZ. 2023 LiveLaw (Kar) 299The Divisional Manager United India Insurance Company Ltd And Ramu @ Ramesh S/O Yallappa & Others. 2023 LiveLaw (Kar) 300Nanjamma & Others AND Rajamma...
Electricity Act | Minimum Sentence Under S.135 Can't Be Less Than Three Times The Financial Gain: Karnataka High Court
The Karnataka High Court has enhanced the fine imposed on a convict from Rs. 5,000/- to Rs. 1,08,189/- for theft of electricity, while observing that the minimum sentence under Section 135 of the Electricity Act, 2003 for the first conviction cannot be less than three times the financial gain.The Bench comprising Justice Shivashankar Amarannavar thus allowed an appeal preferred by the...
Karnataka High Court Stays ED's Money Laundering Case Against CPI(M) Leader's Son Bineesh Kodiyeri
The Karnataka High Court on Thursday stayed further proceedings against Bineesh Kodiyeri, son of Kerala CPI (M) leader Kodiyeri Balakrishnan, who was arrested by the ED under the Prevention of Money Laundering Act.Senior advocate K. Suman, appearing for the petitioner, informed the court that the cognizance taken of the offences under the Prevention of Money Laundering Act in the absence of...
[Maintenance] S.125 CrPC Doesn't Require Wife To Prove 'Sufficient Cause For Living Separately' From Husband: Karnataka High Court
The Karnataka High Court, Dharwad Bench, has held that maintenance proceedings under Section 125 of the Criminal Procedure Code, 1973 (“Cr.P.C”) do not require proof regarding sufficient cause for living separately.“It is clear from a clean reading of Section 125 of Cr.P.C, that the proceedings are summary in nature and it is sufficient if negligence or refusal on the part of the husband...
S.397 CrPC | Revision Petition Before Sessions Court Against Order Passed By Magistrate U/S 143A NI Act Maintainable: Karnataka High Court
The Karnataka High Court has held that a revision petition preferred before the Sessions court under Section 397 of the Code of Criminal Procedure, challenging an order made by the Magistrate Court under Section 143A of the Negotiable Instruments Act, is maintainable. A single judge bench of Justice M Nagaprasanna said,“An order passed on an application filed under Section 143A of the Act,...
Account Blocking: Karnataka High Court Stays Payment Of 'Exemplary' Cost By X Corp Subject To Depositing ₹25 Lakh
The Karnataka High Court on Thursday stayed a Single bench order dismissing the plea moved by X Corp (formerly Twitter) challenging the blocking orders issued to it by the Ministry of Electronics and Information Technology (MeiTY) under Section 69A of the Information Technology Act, to the extent it imposed Rs. 50 lakh cost on the company.The interim relief is subject to X Corp depositing 50%...
Order 39 CPC | Suppression Of Material Facts Detrimental To Grant Of Temporary Injunction: Karnataka High Court
The Karnataka High Court recently held that relief of temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC) is a discretionary remedy which requires a careful balance between the need for interim relief and the ongoing legal proceedings.Justice H.P Sandesh added that this discretion should not be exercised when material facts are suppressed before the Trial...
Class 1 Admissions: Karnataka High Court Refuses To Interfere With State's Policy Fixing '6 Years' As Eligibility Criteria
The Karnataka High Court has upheld State government's decision fixing the admission age for class-I students in Government schools, aided and unaided schools from the academic year 2025-2026 as as 6 years.A single judge bench of Justice Sachin Shankar Magadum dismissed a petition filed on behalf of a 4 year old toddler, represented through her father, seeking to quash the...
Karnataka High Court Directs Integration Of Police IT System With Road Accident Database, FSL, Insurance Depts
The Karnataka High Court reiterated that Motor Vehicles Act being a beneficial legislation, the provisions thereof have to be given beneficial meaning and effect. It held that benefit under the Act cannot be taken away on a technical aspect that too of limitation under Section 166(3) of the Act, which mandates that no claim petition can be entertained unless it is made within six months of...