Karnataka High Court
Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court
The Karnataka High Court has rejected a petition filed by eight murder accused challenging Magistrate court's order taking cognizance of the offence alleged against them and rejecting the ‘B Report’ filed by the police.A single judge bench of Justice M Nagaprasanna rejected the petitioners contention regarding procedural defects in the cognizance order as the sworn statement was recorded...
S.78 Information Technology Act Mandates Probe, Not Registration Of FIR By Officer Not Below Rank Of Police Inspector: Karnataka High Court
The Karnataka High Court has made it clear that as per Section 78 of the Information Technology Act, 2000 an officer below the rank of Police Inspector can register FIR for offence punishable under Section 66E of the Act, but the investigation is to be conducted by a person who is not below the rank of an Inspector of Police.A single judge bench of Justice V Srishananda sitting at Dharwad...
Karnataka High Court Asks Centre If Indian Convicted In Saudi Arabia Can Avail Counsel Of His Choice Before Confirming Authority
The Karnataka High Court on Monday sought to know from the Union Government, whether a convict is permitted to avail an advocate of his choice to represent him before the confirming authority in Saudi Arabia. A single judge bench of Justice Krishna S Dixit has asked the Union government to respond by August 8, on three queries, while hearing a petition filed by the wife of one Shailesh Kumar...
Karnataka High Court Grants Bail To Juvenile Accused Of Sexual Offence, Says Mother Fit Person To Keep Him Under Custody
The Karnataka High Court recently granted bail to a juvenile accused of committing penetrative sexual assault on a minor, directing his mother to execute personal bond and surety bond and undertake to ensure the juvenile does not waste his time in "unproductive and excessive recreational pursuits".The direction was passed by a single bench of Justice Anil B Katti upon noticing that the...
Karnataka High Court Weekly Round-Up: July 10 To July 16
Nominal IndexGopala Sadashiva Gayatri & others And State By Girinagara Police & ANR. 2023 LiveLaw (Kar) 258Lalitha Siddi And State Of Karnataka & ANR. 2023 LiveLaw (Kar) 259Karnataka Growers Federation And Government of India. 2023 LiveLaw (Kar) 260Rajesh K S N And State By Karnataka Through Mangalore Women Police Station. 2023 LiveLaw (Kar) 261V Jagdish Bhatija & ANR And State...
Karnataka High Court Introduces Neutral Citation System
The Karnataka High Court has introduced a Neutral Citation system for all its disposed of Judgments and Orders. The unique court-assigned Neutral Citation for the high court is as follows: Principal Bench: 2023:KHC:<Citation Number> - Example: 2023:KHC:1.Dharwad Bench: 2023:KHC-D:<Citation Number> - Example: 2023:KHC-D:1.Kalaburagi Bench: 2023:KHC-K:<Citation Number> -...
Karnataka High Court Directs Ayurveda College To Surrender One Management Seat To Govt For Admitting Student Beyond Cut-Off Date
The Karnataka High Court has directed the Mangalore-based Karnataka Ayurveda Medical College to surrender one management seat to the government during the next academic year i.e., 2024-25, for admitting a student beyond the cut off date.Justice Sachin Shankar Magadum also imposed a cost of Rs 5 lakh on the college to be deposited with the Rajiv Gandhi University of Health Sciences and...
If An Able Bodied Person Is Bound To Maintain His Wife, Why Not Dependent Mother? Karnataka High Court
The Karnataka High Court has dismissed a petition filed by the sons of an aged woman against an order of the Deputy Commissioner that directed them to pay her maintenance amount of Rs 10,000, under the Maintenance and Welfare of Parents and Senior Citizens Act.A Single judge bench of Justice Krishan S Dixit dismissed the petition filed by Gopal and others who questioned the order directing...
Duty Of Trial Court To Give Time To Accused To Engage Counsel For Cross Examining Prosecution Witnesses: Karnataka High Court
The Karnataka High Court has set aside an order of conviction handed down to an accused found guilty of outraging the modesty of a woman as the accused could not cross examined the prosecution witnesses. A single judge bench of Justice K Natarajan remanded the matter back to the Trial Court for fresh consideration, observing,“Of course, speedy trial is mandatory, however, denial of providing...
Karnataka High Court Quashes Medical Negligence Complaint In Absence Of Expert Opinion
The Karnataka High Court recently quashed a medical negligence case registered against three doctors as the police failed to support the charge by obtaining an expert's opinion. A single judge bench of Justice Sachin Shankar Magadum allowed the quashing petition observing, “If the Medical Council of India (MCI) while entertaining the appeal has concluded that there is no medical negligence,...
Consumer Forum Member's 'Caste Hurl' Complaint Against Landlords Quashed By Karnataka High Court
The Karnataka High Court on Wednesday quashed the proceedings initiated under the SC/ST (Prevention of Atrocities) Act by a "disgruntled tenant" who happens to be a member of the District Consumer Forum, against her landlords.A single judge bench of Justice M Nagaprasanna found the narration in her complaint quite strange and said permitting further investigation against the petitioners...
Karnataka High Court Refuses To Quash Law Intern's Rape FIR Against Advocate, Says It May Have Chilling Effect On Legal Profession
The Karnataka High Court has refused to quash a rape complaint registered against a Magaluru based advocate by a law student working as an intern in his office. A single judge bench of Justice M Nagaprasanna observed,"If a naive student of law, enters the office of an Advocate, as an intern; in turn gets to face these horrendous acts, it would have a chilling effect on the entire practice...