Karnataka High Court
Rape On Woman's Dead Body Will Not Attract Section 376 IPC: Karnataka High Court
The Karnataka High Court has held that sexual assault on the dead body of woman will not attract the offence of Rape punishable under Section 376 of Indian Penal Code. It thus acquitted a man of rape charges for committing sexual assault on the dead body of a 21 years old girl, after murdering her.A division bench of Justice B Veerappa and Justice Venkatesh Naik T partly allowed the appeal...
Karnataka High Court Directs State To Formulate Welfare Scheme For Members Of Advocates' Clerks Association, Says They Serve The Judicial System
The Karnataka High Court recently directed the State government to formulate a scheme for welfare of the members of State Level Advocates’ Clerks Association, within six months. A single judge bench of Justice M Nagaprasanna observed,“The service rendered by the Advocates’ clerks is not a service to an individual, but to the system, being attached to the Advocates. Therefore,...
Appellate Authority Can't Cure Jurisdictional Defect Of Original Authority: Karnataka High Court
The Karnataka High Court has made it clear that if the original jurisdiction is not exercised by a competent authority, the Appellate authority even though competent cannot cure the jurisdictional defect of the original authority.“If the original Authority is corum non-judice, the competent Appellate Authority, by considering the appeal cannot breathe life into such original order and make...
Breaking | Lawyer's Plea Against Permanent Benches Of Karnataka High Court At Dharwad & Kalaburagi Dismissed
The Karnataka High Court on Tuesday dismissed a public interest litigation seeking to strike down as unconstitutional the orders establishing permanent benches of the High Court at Dharwad and Kalaburagi (earlier Gulbarga).A division bench of Justice B Veerappa and Justice K S Hemalekha observed that the benches had in fact rendered "distributive justice" to all the regions and thus, the...
Karnataka High Court Quashes POCSO Case Against Man Who Dropped Minor Victim At Her Home On Instructions Of Main Accused
The Karnataka High Court has quashed the criminal proceedings launched under the Protection of Children From Sexual Offences Act (POCSO) against a man who dropped the minor victim at her home on the instructions of main accused.A single judge bench of Justice M Nagaprasanna noted that Petitioner-accused was neither involved in the planning nor commission of the offence."The allegation is...
Karnataka High Court Stays Investigation Against BJP MLA Ashwath Narayan Over 'Finish Off Siddaramaiah' Remark For Four Weeks
The Karnataka High Court on Tuesday by way of interim relief stayed investigation against former Deputy CM of Karnataka and BJP MLA Dr. CN Ashwath Narayan for allegedly making a derogatory statement against now Chief Minister Siddaramaiah, during an election rally in February.Narayan had approached the court seeking to quash the FIR registered against him under sections 506...
Karnataka High Court Allows Petitioner Opposing Lingayat Reservation To Access Backward Commission's Interim Report
In a plea opposing inclusion of Panchamasali Lingayat sub-sect in reservation quota available to Category 2A, the Karnataka High Court on Monday directed that the petitioner be provided State Backward Classes Commission's interim report on the subject.A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal ordered its court officer to provide a copy of the interim report...
Karnataka High Court Weekly Round-Up [May 22 To May 28, 2023]
Nominal Index: Social Democratic Party of India And Union of India & Others. 2023 LiveLaw (Kar) 178ABC And XYZ. 2023 LiveLaw (Kar) 179Sri Jagadguru Murugharajendra Vidhya Peetha & ANR And The Chief Secretary & others. 2023 LiveLaw (Kar) 180Siddappa B H And The State By Lokayukta Police. 2023 LiveLaw (Kar) 181ABC And XYZ. 2023 LiveLaw (Kar) 182Karnataka General Labour Union...
BJP MLA Ashwath Narayan Moves Karnataka High Court Against Registration Of FIR Over 'Finish Off Siddaramaiah' Remark
Member of Legislative Assembly and Bharatiya Janata Party Leader, Dr C N Ashwath Narayan, has moved the Karnataka High Court seeking to quash the FIR registered against him for allegedly making a derogatory statement in February at Mandya during an election rally against now Chief Minister Siddaramaiah.The plea states that petitioner was on election campaign in February 2023 and while...
Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court
The Karnataka High Court has set aside an order passed by the trial court dismissing an application filed by a woman to club two pending suits for a common trial and disposal. The suits filed by her and her ex-husband relate to the same property. Justice Krishna S Dixit allowed the woman's petition and requested the trial judge to allow the subject application of the petitioner for clubbing...
Criminal Case Filed By Wife Accusing Husband, In-Laws Of Cruelty Loses Its Significance If Lodged After His Divorce Notice: Karnataka High Court
The Karnataka High Court recently quashed a First Information Report (FIR) registered by a woman alleging cruelty and dowry harassment, against her in-laws and other relatives of the husband. A single judge bench of Justice S Rachaiah, sitting at Kalaburagi bench, allowed the petition seeking quashing of the case and said: “The criminal case filed by the wife, alleging cruelty, dowry...
Non-Signatory Defendants Cannot Be Exposed To Arbitration Under Section 8 Of The A&C Act: Karnataka High Court
The Karnataka High Court has held that the non-signatory defendants cannot be exposed to arbitration under Section 8 of the A&C Act by allowing the dispute to be referred to arbitration.The bench of Justice Sreenivas Harish Kumar held that when the cause of action against all the defendants is stated to be the same, it cannot be bifurcated so to allow arbitration proceedings against few...