Children/Third Parties Cannot Appeal Against Maintenance Order Passed Under Parents & Senior Citizens Act: Karnataka High Court

The Karnataka High Court has held that the right of appeal against an order passed by the Assistant Commissioner under Maintenance and Welfare of Parents and Senior Citizens Act, is only available to senior citizens and parents and no such right is extended to children or third parties.A division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while partly allowing an...

When Investigation Is Substantially Completed By Improper Officer, SCN Issued U/S 74 Of CGST Act Is Liable To Be Set Aside: Karnataka HC

The Karnataka High Court held that when investigation is substantially completed by improper officer, show cause notice issued by proper officer u/s 74 of CGST Act is liable to be set aside. The Bench of Justice M.I. Arun observed that “…..substantial part of the investigation including search and seizure of the materials has been done by respondent no.2 who is not the proper...

In Revision Jurisdiction While Considering Discharge Plea Court Has To Only See If IO Collected Sufficient Material Or Not: Karnataka HC

The Karnataka High Court has said that scope of revision is very limited against the discharge application and the Court has to consider only the material on record collected by the Investigating Officer whether sufficient or not.Justice H P Sandesh held thus while dismissing the petition filed by Dr Mohankumar M. Referring to judgments of the Supreme Court It said, “The Court cannot conduct...

Karnataka High Court Weekly Digest: December 23 - December 29, 2024

Citation 2024 LiveLaw (Kar) 526 to 2024 LiveLaw (Kar) 531Nominal Index:M Manjula & Others AND Deputy Commissioner & Others. 2024 LiveLaw (Kar) 526Union Bank of India & ANR AND V Harsih D Kamath & ANR. 2024 LiveLaw (Kar) 527G Swamy AND B Devendrappa. 2024 LiveLaw (Kar) 528Ms X AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 529Chandra @Chandrashekhara Bhat AND State...

'Permitting Trial Would Be An Exercise In Futility': Karnataka High Court Quashes 'Oldest Case' In State After 44 Yrs

Closing perhaps the oldest criminal matter in the state, the Karnataka High Court recently quashed a 44-year old murder case registered against a man who is now 68 years old, remarking that permitting a trial would be a futile exercise. Justice M Nagaprasanna while allowing the petition by Chadra alias V Chandrashekara Bhat, and after taking note of the facts observed that the impossibility...

Karnataka HC Orders Modification Of Name, Gender In Birth/Death Certificate Of Transgender Persons If Sought With Necessary Certificate

The Karnataka High Court has asked the state government to suggest amendments to the Registration of Births and Deaths Act, 1969, and the rules framed thereunder to "give effect" to the Transgender Persons(Protection of Rights) Act 2019, in permitting change of name and gender of a transgender person in their birth/death certificate.In doing so the court directed the Registrar to modify the...

Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC

The Karnataka High Court has held that Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990, does not take away the jurisdiction of the High Court to decide an election dispute questioning the caste of a returned candidate to the Legislative Assembly.Justice Anant Ramanath Hegde dismissed the application made under Order VII...

Karnataka High Court Annual Digest 2024 [Part I]

Citation No: 2024 LiveLaw (Kar) 1 to Citation No: 2024 LiveLaw (Kar) 260Judgments/OrdersKarnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' RelationshipCase Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of KarnatakaCase No: Criminal Petition No 100721 of 2023.Citation No: 2024 LiveLaw (Kar) 1The Karnataka...

Reference Application U/S 8 Of Arbitration Act Should Be Filed Within 120 Days From Date Of Service Of Summons: Karnataka High Court

The Karnataka High Court Bench of Justice Hemant Chandangoudar has held that a reference application under Section 8 of the Arbitration and Conciliation Act, 1996, should have been filed within a period of 120 days from the date of service of summons to the defendant, which was long passed before 20.03.2019. Thus, where the reference application under Section 8 of the Act was made long...

Bank Can Exercise General Lien To Appropriate Term Deposits Of Customers Toward Default Payment Of Loan: Karnataka High Court

The Karnataka High Court recently set aside an order of the single judge which had directed Union Bank of India to release the amount in Term Deposits which came to be appropriated towards the loan taken by a businessman, exercising its power of general lien over such deposits.A division bench of Justice S G Pandit and Justice Ramachandra D Huddar allowed the appeal filed by the Bank and...

Karnataka High Court Weekly Round-Up: December 16 - December 22, 2024

Citation 2024 LiveLaw (Kar) 513 to 2024 LiveLaw (Kar) 525Nominal Index:Satish Jarkiholi AND Dilip Kumar. 2024 LiveLaw (Kar) 513ACTION FOR COMMUNITY ORGANISATION, REHABILITATION AND DEVELOPMENT AND Union of India & Others. 2024 LiveLaw (Kar) 514Syed Ajaz Ahmed AND State of Karnataka & Others. 2024 LiveLaw (Kar) 515SHIVAPRASAD AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 516B...

Centre Notifies Appointments Of Four Additional Judges Of Karnataka High Court As Permanent

The Central government has notified the appointment of four additional judges as permanent judges of the Karnataka High Court. They are:1. Justice Ramachandra Dattatray Huddar, 2. Justice Venkatesh Naik Thavaryanaik,3. Vijaykumar Adagouda Patil, and4. Justice Rajesh Rai Kallangala.As per the official notification, Justice Kallangala's appointment as Permanent Judge of Karnataka High Court...