PC Act | Proceedings By Third Parties Not Judicial Proceedings, Employer Cannot Withhold Pension On Such Grounds: Karnataka High Court

The Karnataka High Court has recently held that proceedings instituted by third parties against a government employee under the Prevention of Corruption Act ("PC Act"), cannot be construed to fall within the category of judicial proceedings, permitting the employer to withhold the pension of the retired employee.In dismissing an appeal by the Karnataka Power Transmission Corporation...

Karnataka High Court Weekly Round-Up: November 20 To 26, 2023

Citations: 2023 LiveLaw (Kar) 437 To 2023 LiveLaw (Kar) 449Nominal Index:Zameer Ahmed Khan AND The State of Karnataka By Lokayukta P.S. 2023 LiveLaw (Kar) 437Ashok D Sanadi And The Chief Secretary & Others. 2023 LiveLaw (Kar) 438Sayyad Murtuza Sayyad Kasim Haji AND State of Karnataka & Other. 2023 LiveLaw (Kar) 439XXX AND Union of India & Others. 2023 LiveLaw (Kar) 440Kalavathi...

Family Pension Not Payable To Second-Wife When First Marriage Subsists: Karnataka High Court

The Karnataka High Court has dismissed an appeal filed by the second wife of a deceased State employee, seeking family pension upon the death of her husband. In dismissing her appeal upon noting that the deceased employee's first marriage was still subsisting when he married her, a division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said, “Family Pension is payable...

Karnataka High Court Suggests State To Conduct "e-KYC" Before Issuing Death Certificates

The Karnataka High Court has directed Bruhat Bengaluru Mahanagara Palike (BBMP) and Secretary of e-governance to come up with a system of verifying the identification of the person who is dead on the basis of e-KYC like usage of Aadhar etc, so that no error occurs in the details which are entered firstly by the hospital and secondly while issuing the death certificate.A single judge bench...

[Cheque Dishonour] Accused Must Take 'Probable Defence' To Rebut Adverse Presumption U/S 139 NI Act: Karnataka High Court Reiterates

The Karnataka High Court has reiterated that to rebut the presumption under Section 139 Negotiable Instruments Act that cheque has been issued in discharge of a debt or liability, the accused must raise 'probable defence'.Faced with accused's mere denial regarding the existence of debt, Justice S Rachaiah remarked, “If the defence taken by the accused is not acceptable obviously the...

Article 261 Of Constitution Confers Conclusiveness On Judicial Records, Can't Be Disregarded Sans Special Circumstances: Karnataka High Court

The Karnataka High Court has recently observed that the ‘full faith and credit clause’ under Article 261 of the Constitution of India, was introduced to provide legitimacy and conclusiveness regarding the records of judicial proceedings. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit made the observation while rejecting an appeal filed by one Vijaya...

'Deity Doesn't Belong To Only A Few': Karnataka High Court Refuses To Quash Case Over Denial Of Temple Entry Based On Family's Caste

The Karnataka High Court has observed that the deity in a temple cannot be imagined to be belonging to only a few. In refusing to quash criminal proceedings against eight persons accused of stopping a family from entering a place of worship and physically as well as verbally abusing the complainant, her husband and her child, a single bench of Justice M Nagaprasanna held,Worshipping of the...

Karnataka High Court Refuses To Quash Case Against Advocate For Failure To Disclose Criminal Cases When Applying For District Judge Post

The Karnataka High Court has refused to quash a cheating case against an advocate who allegedly suppressed information of previous criminal cases registered by and against him, while submitting his application for selection to the post of District Judge to the High Court.A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Palaksha S S and observed “prima facie,...

Karnataka High Court Dismisses ‘Half-Baked’ PIL To Revoke License Of Bar Allegedly In Close Proximity To ‘Idgah’

The Karnataka High Court on Wednesday dismissed a Public Interest Litigation seeking to quash the license issued to a Bar and Restaurant which was allegedly within 100 meters distance of an ‘Idgah,’a place for Muslim worship, in Hussainpura Village in Tumkur district.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the petition filed by residents...

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other.A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him to marry the survivor...

Deputy Commissioners Can't Grant License For Storing More Than 600Kgs Firecrackers: Karnataka High Court

The Karnataka High Court has directed that Deputy Commissioners henceforth shall not grant licences beyond 600 kgs of storage and selling of fireworks/crackers/sparklers, failing which they would be held accountable for any mishap.A single judge bench of Justice M Nagaprasanna issued directions in regards to grant of license by authority, storing of fire crackers and safety measures to be...

Karnataka High Court Allows Thirteen Intending Couples To Undergo Surrogacy Using Donor Gametes Despite New Amendment Disallowing It

The Karnataka High Court has allowed a batch of petitions and permitted thirteen couples to opt for surrogacy using donor gametes (a person who provides sperm or oocyte). The bench said the new amendment to the Surrogacy Rules which prohibits the use of donor eggs for gestational surrogacy of an intending couple can be diluted on a case to case basis.Justice M Nagaprasanna however refrained...