Karnataka High Court
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...
Blinkhit v. Blinkit: Karnataka High Court Sets Aside Interim Injunction Order Against Blinkit Citing Non-Use Of Registered Trademark By Blinkhit
The Karnataka High Court last month set aside an interim injunction order of the trial court, temporary restraining the use of 'Blinkit' trademark- a famous online groceries delivery platform- for alleged violation of the rights of a software services firm Blinkhit.Blinkhit claimed to have registered the marks ‘BLINKHIT’ and ‘iBLINKHIT’ since 2016.A single judge bench of Justice S...
[S.10 Emigration Act] Non-Payment Of Salary By Employer Can't Be Given Colour Of Running Illegal Recruiting Agency : Karnataka High Court
The Karnataka High Court has said an employee recruited by a company outside India, if not paid salaries, cannot raise a belated complaint against its Director of running a recruiting agency without a valid certificate under Section 10 of the Emigration Act.A single judge bench of Justice M Nagaprasanna dismissed the petition filed by one Raman Sundaresan, questioning the internal...
Courts Hearing Maintenance Applications Under Domestic Violence Act Or S.125 CrPC Need Not Go Into Validity Of Marriage: Karnataka High Court
The Karnataka High Court has held that courts while dealing with maintenance applications under Section 12 of the Protection of Women from Domestic Violence Act or Section 125 of Criminal Procedure Code (Cr.P.C), should not go into the validity of marriage. A single judge bench of Justice S Rachaiah sitting at Kalaburagi bench confirmed the trial Court's order directing petitioner's husband...
Attornment By Lessee Not Necessary For Transfer Of Property Leased Out To Him: Karnataka High Court
The Karnataka High Court has said that attornment by lessee is not necessary for transfer of property leased out to him. A single judge bench of Justice Ashok S Kinagi allowed the appeal filed by G Jagadish Kumar and directed the tenant K G Murali to vacate and handover the possession of suit property to the plaintiff. It rejected the contention of the defendant that the plaintiff is not...
'Parents Would Think Twice About Sending Their Girl Child To School': Karnataka High Court Refuses Bail To Teacher Accused Of Sexual Harassment
The Karnataka High Court recently refused bail to a Government primary school teacher charged for allegedly sexually harassing the minor girl students studying in IV to VI standard. A single judge bench of Justice Umesh M Adiga while rejecting the petition filed by C Manjunath observed,“Guru or teacher are considered as God in this Country and respected like a God. However, because of...
No Scope For Determining Shares Of Parties While Deciding Application For Grant Of Succession Certificate: Karnataka High Court
The Karnataka High Court has said that a court considering application for grant of Succession Certificate has no power to go into the substantial and intricate question of facts and law.A single judge bench of Justice C M Joshi sitting at Kalaburagi bench, dismissed a petition filed by parents of one deceased Nagappa, challenging order of the trial court and appellate court granting...
Settlement Arrived At Though Interim In Conciliation Proceedings Between Workmen And Employer Is Binding On Both Parties: Karnataka High Court
The Karnataka High Court has once again referred for Conciliation the matter regarding re-employment of 80 contract workers of Indian Telephones Limited who have been refused employment since December 2021, though they had been employed in the services for a period of 3 to 38 years. A single judge bench of Justice Suraj Govindaraj noted that without prejudice to issue of regularization,...
Parent Losing Child's Custody Should Be Given Sufficient Visitation Rights To Ensure Social, Psychological Contact With Child: Karnataka High Court
The Karnataka High Court has directed a woman to comply with the settlement arrived at with her husband in regard to guardianship, custody and visitation rights of their minor son. A division bench of Justice Alok Aradhe and Justice Anant Ramanath Hegde disposed of a habeas corpus petition filed by the father to produce the minor son and directed the mother to handover the custody of the son...
S.91 CrPC | Correspondence Between IO And His Senior Not Part Of Chargesheet, Cannot Be Summoned: Karnataka High Court
The Karnataka High Court has said that reports prepared by an investigating officer in discussion with his higher officers, before filing chargesheet, cannot be produced before the court for the purpose of evidence.A single judge bench of Justice K Natarajan said “Except the documents produced by the investigation officer under Section 161 of CrPC, the remaining documents cannot be...
State Should Leave Religious Institutions To Solve Their Problems On Their Own: Karnataka High Court Removes Administrator For Mutt
The Karnataka High Court has quashed a Government Order which appointed an Administrator to run the affairs of Sri Jagadguru Murugharajendra Bruhan Mutt at Chitradurga. The administrator was appointed as the pontiff- Shivamurthy Murugha Sharanaru was arrested in September 2022 following cases registered against him under the POCSO Act.A single judge bench of Justice Krishna S Dixit observed...
Father Engaging A Stranger In House To Videograph Him With Child Not Congenial Environment: Karnataka High Court Refuses Custody
The Karnataka High Court recently declined interference with a family court order refusing custody of the minor daughter to her father as he failed to create a congenial atmosphere in his house for the child to stay.A single judge bench of Justice M Nagaprasanna rejected the petition filed by the father and said, “It is a fact that there is nobody to take care of the child when the father...