Karnataka High Court
Karnataka High Court Weekly Round-Up: June 19 To June 25
Nominal IndexABC & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 225Mali Rizwan And State of Karnataka & Others. 2023 LiveLaw (Kar) 226Gururaj Havanur And The Management of Syndicate Bank & ANR. 2023 LiveLaw (Kar) 227Sindhu Boregowda And Yashwanth Bhaskar B P. 2023 LiveLaw (Kar) 228Vijesh Pillai And State of Karnataka & ANR. 2023 LiveLaw (Kar) 229The City...
Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court
The Karnataka High Court has held that the trial court has the power to find an accused guilty for the lesser offence even though the charges were framed for major offences. But when the charges are framed for lesser offence, the Court cannot convict and sentence for the major offence punishable with imprisonment more than the offence which were charged, without altering the charges as...
KGF Song Copyright Infringement: Karnataka High Court Reserves Order On Congress Leaders' Plea For Quashing FIR
The Karnataka High Court on Friday reserved its order on the petition filed by Congress leaders Rahul Gandhi, Jairam Ramesh and Supriya Shrinate seeking to quash the FIR registered against them by MRT Music over the alleged copyright infringement by the use of song from Kannada movie "KGF Chapter 2" in the promotional video for the "Bharat Jodo Yatra".A single judge bench of Justice...
Karnataka Societies Registration Act | Registrar Must 'Apply Mind' Before Enquiring Into Society's Operations On Third Party Complaint: High Court
The Karnataka High Court has dismissed a petition filed by a society and its governing body members registered under the Karnataka Societies Registration Act, challenging an order of the Registrar directing enquiry under Section 25 of the Act, on the complaint made by a third party alleging violations regarding the proper running of the society. A single judge bench of Justice Suraj...
Namesake Toilets, No Drinking Water; Which Parent Would Send His Ward To Such School? Karnataka HC Raps State Over Govt School Conditions
The Karnataka High Court on Thursday took strong exception to the claim made by the State Government that only in 38 government schools in the state, proper toilet facility is not available. Three months back in a report submitted to the court the government had claimed that around 464 government schools in the state did not have proper toilet facilities for the students as per the Right...
Section 306 IPC Not Made Out In Absence Of Positive Act Of Instigation, Proximate To Time Of Suicide: Karnataka High Court
The Karnataka High Court has quashed the prosecution initiated against a couple under section 306 IPC, alleged to have abetted the suicide of their nephew by threatening him over a property dispute.A single judge bench of Justice M Nagaprasanna held, “Proximate to the death must be a dynamic act, be it direct or indirect. It should be proximate to the occurrence of death and it should...
Karnataka High Court Issues Directions To Determine Tax Difference Calculation For Pre-GST Works Contract
The Karnataka High Court has issued directions determining the tax difference calculation for pre-GST works contracts.The bench of Justice S. Sunil Dutt Yadav observed that the "tax difference" should be calculated on balance works executed or to be executed after July 1, 2017, separately.The petitioners sought the declaration that the provisions of the GST Act are inapplicable in respect...
Plea In Karnataka High Court Against "Unplanned Growth Of Bengaluru" Due To Govt's Failure To Constitute Committees Prescribed Under BBMP Act
The Karnataka High Court on Wednesday issued notice on a public interest litigation seeking directions to the State government to constitute Heritage Conservation Committee, Metropolitan Planning Committee and Grievance Redressal Authority as prescribed under the BBMP Act 2020, for proper administration of Bengaluru city. A division bench of Chief Justice Prasanna B Varale and Justice M G S...
Married Woman Can't Claim She Was Cheated By A Man By Breaching Promise Of Marriage: Karnataka High Court
The Karnataka High Court recently quashed the FIR lodged against a man by a married woman, complaining that she was cheated by the man as he failed to keep his promise of marriage to her. A single judge bench of Justice M Nagaprasanna allowed the man's quashing plea and said, “Cheating is alleged on the ground that the petitioner has breached the promise of marriage. The complainant admits...
'It's A Serious Issue, Undertake More Research': Karnataka High Court Permits Lawyer To Withdraw PIL To Limit Weight Of School Bags
The Karnataka High Court on Wednesday permitted the petitioner Advocate Ramesh Naik L to withdraw the public interest litigation filed by him seeking measures to minimise the weight of school bags carried by students of primary education.A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal said “The party in person submits that as the petition was filed in a little...
SHO Can Seek Magistrate's Permission U/S 155(2) CrPC To Investigate Non-Cognizable Offence: Karnataka High Court
The Karnataka High Court has made it clear that it is not necessary for only the complainant to approach the Magistrate court under Section 155(2) CrPC seeking permission to investigate a non-cognizable offence, and even a Police Officer to whom the complaint is presented can do so. A single judge bench of Justice M Nagaprasanna said, “Permission can either be sought by the complainant or...
Educational Institutions Not Required To Obtain Yearly Certificate For Claiming Property Tax Exemption Under Karnataka Municipalities Act: High Court
The Karnataka High Court has held that under Section 94(1-A)(i) of the Karnataka Municipalities Act, an Educational Institution is exempted from payment of property taxes and the institute is not required to obtain an exemption certificate, every year. It said the exemption applies to all the buildings which are used for the purpose of running educational institutions and/or incidental...