Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce

The Karnataka High Court has held that compensation under section 22 of the Protection of Women from Domestic Violence Act, 2005 can be awarded only when Domestic Violence is established.It set aside the order of Sessions Court partly allowing the appeal filed by the wife by awarding compensation in a sum of Rs.4,00,000 to her on ground that she is unable to maintain herself. The bench...

'Ignorance Of Law No Excuse': Karnataka HC Refuses To Quash Case Against Former Taralabalu Kendra Secretary For Storing Pistol On Religious Premises

The Karnataka High Court has refused to quash criminal proceedings initiated against the former secretary of Taralabalu Kendra, for possessing a pistol furnishing the address of the Kendra and keeping the pistol in the premises of the Kendra, which is a religious institution. Justice K Natarajan pointed out that the petitioner's ignorance of the law was not a valid excuse, and the possession of...

Karnataka High Court Upholds Reinstatement Of KPTCL Workman Who Went On Prolonged Unauthorised Leave Due To Depression

The Karnataka High Court on Monday upheld an order of a Single Judge which directed the Karnataka Power Transmission Corporation Limited (KPTCL) to reinstate an employee who was dismissed from service as he remained unauthorisedly absent for a long period on account of his suffering from mental depression. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit...

S.306 IPC | Can't Jump To Conclusions Based On Suicide Note, Contents Must Be Examined In Investigation: Karnataka High Court

The Karnataka High Court has said that merely because a person has been so named in the suicide note, one cannot immediately jump to the conclusion that he is an offender under Section 306 of Indian Penal Code, the contents of the suicide note and other attending circumstances have to be examined in a full fledged investigation.A single judge bench of Justice Venkatesh Naik K, sitting...

S.98 Karnataka Education Act Applicable To Unaided Educational Institutions Run By Linguistic Minority Bodies: Karnataka High Court

The Karnataka High Court has held that Section 98 of the Karnataka Education Act, which pertains to the Retrenchment of Employees, is applicable to unaided educational institutions run by the linguistic minority institution.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit added that the Karnataka Education Act, 1983 and the Dentists Act, 1948 are poles apart...

Karnataka High Court Weekly Round-Up: October 23 to October 29, 2023.

Nominal Index: Citations: 2023 LiveLaw (Kar) 405-410.Umadevi M And Joint Commissioner (East) Zone & Others. 2023 LiveLaw (Kar) 405Tayamma @Thippamma & Others AND K Ramappa & Others. 2023 LiveLaw (Kar) 406Shivalingappa B. Kerakalamatti And State of Karnataka & ANR. 2023 LiveLaw (Kar) 407Sushil Mantri & Others AND State of Karnataka & ANR. 2023 LiveLaw (Kar)...

Parking Motor Vehicle On Road Without Proper Precautions Prohibited: Karnataka High Court Rejects Plea Of Contributory Negligence

The Karnataka High Court has said that no contributory negligence can be attributed to the deceased driver, who meets with an accident with a vehicle negligently parked on a National Highway. The Insurance company Future Gen India INS Co Ltd, had approached the court challenging the order of the tribunal dated 12-11-2019, directing it to pay compensation of Rs 8,74,000 to the claimants...

Pendency Of Criminal Case At Time Of Making Application Valid Ground For Refusing Post In Police Dept: Karnataka High Court

The Karnataka High Court has dismissed the petition filed by one Narayan Jamadar, whose application for a position in the police department was rejected as a criminal case was pending against him at the time of filing the application.A Division bench of Justice Mohammad Nawaz and Justicr Rajesh Rai K said, “Even though the petitioner has been acquitted of the said offences, as on the date...

Karnataka High Court 'Obliterates' PMLA Proceedings Against Developer For Delay In Delivering Flat To Homebuyer

The Karnataka High Court has quashed a criminal case for cheating registered by a home buyer against a Developer for delay in delivery of his flat. It added that ED proceedings under Prevention of Money Laundering Act will also stand obliterated.A single judge bench of Justice M Nagaprasanna said,“Criminal law cannot be set into motion on the said delay in delivery of flats, as those...

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime

The Karnataka High Court recently while quashing the criminal proceedings initiated against a school headmaster under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, by a school teacher, observed, “Haystack of frivolous cases have mushroomed to a large extent that searching a genuine case in the haystack has become like searching for a needle in a haystack, as most...

Centre Can't Act As Silent Spectator: Karnataka HC Grants 2 Weeks To Appoint Presiding Officer To Industrial Tribunal Cum Labour Court

The Karnataka High Court on Wednesday granted two weeks time to the Centre to decide on the appointment of a Presiding Officer to the Central Government Industrial Tribunal cum Labour Court, Bengaluru, which has been lying vacant since 27.01.2021. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit acceded to the request made by the government counsel for...

Order 21 Rule 97 Application Can Be Dismissed If Obstructor Fails To Meet Prima Facie Right To Show Resistance: Karnataka High Court

The Karnataka High Court has held that an application made before the executing court under Order 21 Rule 97 of CPC, can be dismissed in limine if the obstructor fails to satisfy the court his prima facie right to show resistance to the execution.A division bench of Justice Sreenivas Harish Kumar and Justice Ramachandra D Huddar found that the executing court was correct in dismissing...