Karnataka Stamp Act | Stamp Duty Not Attracted On Arbitral Awards For Damages If Unrelated To Movable/Immovable Property: High Court

The Karnataka High Court has held that an arbitral award which does not deal with either movable property or immovable property, but awards damages payable to the award holder, does not attract stamp duty under the Karnataka Stamp Act, 1957. Justice R Nataraj thus dismissed a petition challenging an order of the trial court rejecting its application seeking to impound the award of the...

'Right To Education Brutalised': Karnataka HC Upholds Land Allotment Cancellation Over Society's Failure To Construct School For Two Decades

The Karnataka High Court has observed that where public property is allotted for a specified purpose and if that purpose remains unaccomplished in the prescribed time, the retention of such allotment by the allottee, militates against public interest.A Division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the appeal filed by M/s Divyajyothi Vidya...

Karnataka High Court Weekly Round-Up: October 8 To October 15, 2023

Nominal Index [Citations 385 - 393]:M/s Chancery Pavilion And M/s Indian Performing Rights Society Ltd & Others.2023 LiveLaw (Kar) 385Sharada Hanamanth Walagad & ANR AND NIL. 2023 LiveLaw (Kar) 386Shreeroopa v. State of Karnataka & Others. 2023 LiveLaw (Kar) 387Pramod Hanumanth Rao Muthalik & Anr v State of Karnataka & Ors. 2023 LiveLaw (Kar) 388Vivek Hebbale And...

Karnataka High Court Weekly Round-Up: October 2 To October 8, 2023

Nominal Index: Bhimappa Gundappa Gadad And State of Karnataka. 2023 LiveLaw (Kar) 375ABC & State of Karnataka & Others. 2023 LiveLaw (Kar) 376K Y Nanjegowda & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 377High Court of Karnataka And Dr Ekta Singh. 2023 LiveLaw (Kar) 378Shivamma & Others AND Govind Malothu & ANR. 2023 LiveLaw (Kar) 379Rajesh Totaganti And...

POCSO Act Prevails Over SC-ST Act, Bail Plea U/S 439 CrPC Maintainable If Accused Charged Under Both: Karnataka High Court

The Karnataka High Court has held that where the offences punishable under the provisions of two special enactments viz, the Scheduled Castes and Tribes (Prevention of Atrocities) Act and POCSO Act are invoked, the POCSO Act, being a later enactment, should prevail over the Atrocities Act.Justice S Vishwajith Shetty clarified that a petition under Section 439 of the CrPC before the High Court...

Recruitment Process Matters To Be Filed In Administrative Tribunals First, HCs Only Authorised To Review U/Art 226, 227: Karnataka High Court

The Karnataka High Court has held that in matters related to the recruitment process, administrative tribunals are the courts of first instance, and High Courts have the role of judicial review under Article 226/227 of the Indian Constitution.A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal added that the Administrative Tribunals Act has been promulgated...

Copyright Holder's Suit Against Infringement Bars Alleged Infringer From Filing Suit U/S 60 Copyright Act: Karnataka High Court

The Karnataka High Court has said that a suit filed under Section 60 of the Copyright is not maintainable if a suit seeking action is filed by the copyright holder for infringement against the alleged offender. Justice V Srishananda clarified that the proviso to Section 60 of the Copyright Act was meant to prevent an alleged infringer from filing a suit when the owner of the copyright...

S.439(1A) CrPC | Denial Of Victim's Right To Be Heard Valid Ground To Cancel Bail: Karnataka High Court Issues Directions

In a landmark ruling, the Karnataka High Court has issued a slew of directions to be followed by trial courts and the prosecution to ensure effective compliance with Section 439(1A) of CrPC which mandates victim participation while deciding bail application filed by the accused in sexual assault cases. Justice S Vishwajith Shetty added that the obligation to notify the informant or victim of...

Karnataka High Court Confirms Order Of Reduction In Basic Pay Imposed On "Tipsy" Bus Conductor Who Misbehaved With Passengers

The Karnataka High Court has held that the Industrial Tribunal cannot modify the minor penalty of reduction of basic pay to the minimum, imposed on a tipsy bus conductor found to be misbehaving with passengers.A single judge bench of Justice Jyoti Mulimani allowed the petition filed by Bengaluru Metropolitan Transport Corporation (BMCT), set aside the order of the Tribunal and confirmed the...

Violative Of Child Labour Rules: Karnataka High Court Backs Sahitya Akademi's Job Offer Withdrawal To 15 Yr Old

The Karnataka High Court has upheld the decision of the Sahitya Akademi to withdraw the job offer letter given to a minor aged about 15 years and 6 months at the time of his appointment.Justice E S Indiresh ruled that such an age would violate the provisions of Rule 2B of the Child Labour (Prohibition and Regulations) Amendment Rules, 2017.“The prohibition under the provisions of Rule 2B of...

'A Bundle Of Assumptions': Karnataka High Court Dismisses PIL Alleging Poor Quality Construction Of Parshuram Theme Park In Udupi

The Karnataka High Court on Wednesday dismissed a public interest litigation filed by the President of Sriram Sena, challenging the alleged poor quality of work being undertaken in constructing the Parshuram Theme Park in the Udupi district. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit found that there was a delay in filing the PIL and that it was riddled...

Jamakhandi Residents Can Adopt Major Person, It's A Legally Recognized Custom: Karnataka High Court

The Karnataka High Court has directed the trial court to reconsider the petition filed under Section 8 and 9 of the Hindu Adoption and Maintenance Act, 1956, by a member of the Scheduled Caste community residing at Jamakhandi, seeking to adopt a 19 year old.A single judge bench of Justice Sachin Shankar Magadum said adopting a major child was a legally recognised custom in Jamakhandi governed...