Karnataka High Court Monthly Digest - September 2023

Citations: 2023 LiveLaw (Kar) 337 To 2023 LiveLaw (Kar) 374Project Vruksha Foundation V State Board For Wildlife (SBWL). 2023 LiveLaw (Kar) 337Dr Kallappa Mahadevappa Hosmani AND The Deputy Superintendent of Police, Karnataka Lokayukt. 2023 LiveLaw (Kar) 338A MANJU And PRAJWAL REVANNA @ PRAJWAL R. 2023 LiveLaw (Kar) 339Abdul Rehman And State of Karnataka & Others. 2023 LiveLaw...

Karnataka High Court Closes Contempt Case Against Doctor Mother Who Failed To Comply With Custody Order, Directs Her To Do Community Service

The Karnataka High Court recently dropped the contempt proceedings initiated against a doctor after she tendered her unconditional apology and offered to engage herself a day of every calendar month in Community Services for six months in any Government Hospital of Bengaluru City. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit accepted the statement made by...

Karnataka High Court Allows Probe Against MLA For Allegedly Granting Govt Land To Ineligible Persons

The Karnataka High Court has dismissed a petition filed by Congress MLA K.Y.Nanjegowda and three others seeking to quash a criminal case registered against them alleging the grant of government land worth around Rs 150 crore to ineligible persons in his capacity as Chairman and Members of Malur taluk Land Grant Committee in 2019. Justice M Nagaprasanna dismissed the petition and...

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court

The Karnataka High Court has refused to accept an ex-parte order passed by a court in Germany, granting custody of a 9 year old child to his mother who resides there. A division bench of Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda dismissed a petition filed by a woman seeking custody of her child who is presently residing with his father. The woman had argued that a German...

Govt Ads With Images Of Political Leaders Frowned Upon But Not Prohibited: Karnataka High Court

The Karnataka High Court has dismissed a public interest litigation seeking the removal of the names and photographs of Chief Minister Siddaramaiah, Deputy Chief Minister D K Shivakumar, and other concerned ministers from various advertisements and sanction orders related to government schemes called Gruhalakshmi and Gruha Jyothi Schemes.A division bench of Chief Justice Prasanna B Varale...

Karnataka High Court Weekly Round-Up: 25 September To October 1, 2023

Nominal Index: Dr Mohan Bhatta M R And State of Karnataka & Others. 2023 LiveLaw (Kar) 366Babu s/o Shankarappa Mukkannvar And Union of India & Others. 2023 LiveLaw (Kar) 367Kum Sowmya R AND Registrar General & Others. 2023 LiveLaw (Kar) 368Vikram & Others AND Union of India & Others. 2023 LiveLaw (Kar) 369The Divisional Manager The New India Insurance Company Ltd AND...

Mere Allegations Of Harassment For Demand Of Loan Repayment Not Abetment Of Suicide U/S 306 IPC Without Mens Rea: Karnataka High Court

The Karnataka High Court has held that insisting the deceased to repay the loan borrowed by him does not amount to abetment to commit suicide under Section 306 IPC. Justice Shivashankar Amarannavar added that mere harassment or demands for loan repayment, without the intention to drive the person to suicide, do not constitute abetment.“There is no evidence to show that the appellant/accused...

Bengaluru Court Orders Suspension Of X Account Of 'The Liver Doctor' In Defamation Suit Filed By Himalaya Wellness Corporation

A Bengaluru Civil Court has passed an ex-parte interim injunction order to X (formerly known as Twitter) to suspend the account of Dr Cyriac Abby Philips who operates the widely popular X handle '@theliverdr'. The order was passed in a suit filed by Himalaya Wellness Corporation which alleged that he made defamatory allegations against the company products.The case of the Himalaya...

State Not 'Victim' In Criminal Trials, Cannot Invoke S.372 CrPC To Challenge Acquittal; May Proceed U/S 378 CrPC: Karnataka High Court

The Karnataka High Court has held that the State Government cannot be construed as a 'victim' under Section 372 CrPC and an appeal filed by it against an acquittal order is not maintainable under the said provision. A single judge bench of Justice S Rachaiah pointed that the legislature has provided a separate provision for the State, Section 378 CPC, to prefer appeal against acquittal....

Perjury | Not Every False Statement Made In Court Can Be Subject Matter Of Prosecution, Prima Facie Deliberate Intention Must: Karnataka High Court

The Karnataka High Court has said that before directing initiation of perjury proceedings against a party for making false statements before the court, it must form an opinion on being satisfied that the person charged has intentionally given false evidence/statements and such formation of opinion must be on consideration of materials duly placed before it.A single judge bench of...

Can't Say He Was Involved Merely Because He Was ADGP: Karnataka High Court Grants Bail To IPS Officer In Police Recruitment Scam Case

The Karnataka High Court has granted bail to IPS Officer Amirt Paul who was arrested in connection to an alleged scam in recruiting police sub-inspectors for the State Police. A single judge bench of Justice Mohammad Nawaz granted bail to Paul who has been in custody since his arrest on 04.07.2022. The bench granted bail to the accused on the execution of a personal bond of Rs 5,00,000, with...

Judgment Debtor Must Pay Interest Till Compensation Is Paid Even If Amount Deposited In Court During Appeal: Karnataka High Court

The Karnataka High Court recently held that when a judgment or award is passed in favour of a party, such party would be entitled to the principal amount and interest thereon till the date of receipt of the amounts. Justice Suraj Govindaraj added that merely because the judgment debtor was to deposit the amounts in a court of law while filing an appeal against the trial court order,...