No Requirement To Prove Authenticity Of Will If Testator Admits To Its Execution In Pleadings Before Court: Karnataka High Court

The Karnataka High Court has said that once a testator has admitted the execution of a Will in proceedings before the Court and pleadings are filed, there would be no requirement to further establish the authenticity of the Will in terms of Sections 67, 68 and 70 of Bharatiya Sakshya Adhiniyam.A single judge, Justice Suraj Govindaraj held thus while dismissing a petition filed by Sarojini...

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court

The Karnataka High Court has said that unless there are exceptional circumstances to file an anticipatory bail application directly before the High Court, bypassing the Sessions Court, it will be prudent for the accused to approach the Sessions Court at the first instance seeking relief.A single judge, Justice Mohammad Nawaz held thus while disposing of the petition filed by a school...

Employees Can Be Transferred On Administrative Exigency But Not In Violation Of Statue Or Operative Guidelines: Karnataka High Court

The Karnataka High Court has said that administrative exigency can be a reason for a Corporation to exercise its right of transfer of an employee from one place to another, but it cannot be done in violation of the statute or operative guidelines of service.A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by Shripati Mariyappa Doddalingannavar questioning...

Merely Paying Penalty For Wilful Delay In Filing Income Tax Returns Does Not Exonerate Assessee From Being Prosecuted: Karnataka High Court

The Karnataka High Court has refused to quash prosecution initiated by the Income Tax Department against an assessee who had willfully failed to submit his income tax returns in time for the Assessment Years 2012- 13 to 2015-16 and thereby committed the alleged offence.A single judge, Justice S Vishwajith Shetty dismissed the petitions filed by Rajkumar Agarwal. It said, “Delay in filing of...

'Misconceived': Karnataka HC Rejects PIL Seeking Direction To Govt To Protect Life, Property And Religious Places Of Hindus In Bangladesh

The Karnataka High Court recently dismissed a public interest litigation filed seeking a direction to the Union and State Government, to protect the life, property and other religious places of Hindus and other Minority Community people, residing in Bangladesh.A division bench of Chief Justice N V Anjaria and Justice M I Arun while dismissing a petition by Rodda Veershetty said, “The...

Ex-Parte Order Appointing Commissioner To Conduct Search/Seizure In IPR Infringement Cases Is To Preserve Evidence, Necessary: Karnataka HC

The Karnataka High Court has said that in intellectual property rights cases, the ex-parte order of appointment of the Court Commissioner for search and seizure–an Anton Piller order, is to ensure that a surprise element remains intact in the absence of which the respondents can easily remove the infringing products when the commissioner visits the latter's premises.Anton Piller orders...

Karnataka High Court Weekly Roundup: January 27 To February 02, 2025

Citation No: 2025 LiveLaw (Kar) 28 to 2025 LiveLaw (Kar) 37Nominal Index:M/s Renram Fashions India Pvt Ltd AND The ESI Corporation. 2025 LiveLaw (Kar) 28Vikas C V & Others AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 29 V Keshavamurthy AND State of Karnataka & Others. 2025 LiveLaw (Kar) 30Hindustan Aeronautics Officers Guild AND Hindustan Aeronautics Ltd & ANR. 2025...

'Serious Issue': Karnataka HC Directs State Law University To Formulate Guidelines To Stop Malpractices In Examinations Using Technology

The Karnataka High Court has directed the Vice Chancellor and Registrar of the Karnataka State Law University to formulate necessary Rules in relation to safeguard the sanctity of examinations and avoid malpractises indulged by students, so as to make available a level playing field for all students.Justice Suraj Govindaraj also directed that the rules issued shall be made applicable to...

Karnataka HC Declines Plea To Reserve Seats For SC/ST, Backward Community Members In Governing Council Of Advocates' Association Bengaluru

The Karnataka High Court on Saturday refused to grant any relief in a petition seeking a direction to the Advocates Association, Bengaluru to take steps for providing overall 50 percent reservation to SC/ST and backward communities, which may also include women reservation in the governing body of the Association, during the ensuing elections.A single judge, Justice R Devdas disposed of...

Karnataka High Court Monthly Digest: January 2025 [Citations: 01 - 36]

Citation 2025 LiveLaw (Kar) 01 to 2025 LiveLaw (Kar) 36Nominal Index:K Lokesh AND THE BANGALORE DISTRICT MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS APPELLATE TRIBUNAL AND SPECIAL DEPUTY COMMISSIONER & Others. 2025 LiveLaw (Kar) 1M/s Vigneshwara Transport Company v. Additional Commissioner of Central Tax Bengaluru North-West Commissionerate. 2025 LiveLaw (Kar)...

Daughter Born Before Partition Of Ancestral Property Prior To Amendment Of S.6 Of Hindu Succession Act Cannot Claim Right In Father's Share: Karnataka HC

The Karnataka High Court has said that daughter who was already born at the time of a partition that took place before 20th December 2004 (Amendment to Section 6 of the Hindu Succession Act), between the father and his sons, cannot be elevated to the status of the daughter born after the partition and cannot claim the share in the property allotted to the father or challenge the alienation...

Wife Cannot Be Charged With Extortion For Seeking, Being Granted Maintenance By A Competent Court: Karnataka High Court

The Karnataka High Court has held that there cannot be an offence of extortion registered against the wife when she initiates proceedings for maintenance and the concerned Court grants maintenance amount to her.A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by a wife seeking to quash the complaint registered by the husband under Sections 420, 406, 403, 109,...