Karnataka High Court Weekly Round-Up: August 21 To August 27

Nominal Index: Ananth Kumar K G And Yogita S @ Yogitha Ananth Kumar. 2023 LiveLaw (Kar) 315Jagath Prakash Nadda And State of Karnataka & ANR. 2023 LiveLaw (Kar) 316M J MAthew & others And Prestige St. Johns Wood Apartment Owners Association & ANR. 2023 LiveLaw (Kar) 317Mahantayya And State of Karnataka & Others. 2023 LiveLaw (Kar) 318Ramesh Naik L And Karnataka State Bar...

Permanent FCRA Registration Doesn't Guarantee Foreign Fund Crediting Without Ministry's Clearance: Karnataka High Court

The Karnataka High Court recently ruled that permanent registration under the Foreign Contribution (Regulation) Act (FCRA) did not endow an unequivocal right to credit foreign funds into their designated savings account without authorisation from the Ministry of Home Affairs. Justice K S Hemalekha thus dismissed a petition filed by MANSA seeking a direction to the Development Credit Bank (DCB)...

Criminal Intimidation | Mere Expression Of Words Without Intention Insufficient To Attract Section 506 IPC: Karnataka High Court

The Karnataka High Court has held that mere expression of words without any intention to cause alarm to the complainant or to make him to do or omit to do any act, is not sufficient to bring the act of the accused within the definition of criminal intimidation, as prescribed under section 506 of the Indian Penal Code. A Single judge bench of Justice Venkatesh Naik T thus quashed a trial...

Virtual Cross Examination Doesn't Prejudice Accused: Karnataka HC Refuses To Order Physical Presence Of Judge Appearing As Witness In Criminal Case

The Karnataka High Court has dismissed a petition filed by an accused seeking physical presence of Principal Civil Judge and JMFC, Vijayapura (now posted in Bengaluru) for cross examination as a witness in his case, instead of via video conferencing. A single judge bench of Justice Venkatesh Naik T. sitting at Kalaburagi said recording of evidence through video conferencing is permissible in...

How Is Offering Prayers A Threat? Karnataka High Court Quashes PIL Challenging Use Of Residential Premises As Prayer Hall

The Karnataka High Court has dismissed a PIL filed by residents of HBR Layout in Bengaluru, who opposed the use of a residential property as a prayer hall.During the hearing, a division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal took strong exception to the oral submission made by the counsel for the petitioner that 'offering prayers was a risk'. “We will not accept...

Article 20 | No Conviction U/S 376(3) IPC For Rape Of Woman Under 16 Yrs Age Committed Prior To 2018 Amendment: Karnataka High Court

The Karnataka High Court has upheld the conviction handed down to a man for raping his minor step daughter, but modified the sentence of 20 years imposed on him by the trial court to 10 years imprisonment. A single judge bench of Justice K Natarajan partly allowed the appeal filed by 45 years old Abdul Khadar @ Rafiq, who was convicted to 20 years under section 376 (3) of the Indian Penal...

Karnataka High Court Grants Last Opportunity To X Corp To Show Compliance Of Blocking Orders

The Karnataka High Court on Thursday granted one more and last opportunity to X Corp (formerly Twitter) to place on record material to show that it had complied with blocking orders issued to it by the Ministry of Electronics and Information Technology (MeiTY) under Section 69A of the Information Technology Act. A Division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal...

Medical Board Can Only Decide Extent Of Candidate's Disability, Not Their Eligibility For A Course: Karnataka High Court

The Karnataka High Court has recently held that the Medical Board as an expert body is only authorised to determine the extent of a candidate's disability, and cannot draw a conclusion about whether a candidate would be eligible to pursue a medical course.A division bench of Justice G Narendar and Justice Vijaykumar A Patil on going through the records added that the Medical Board is not...

Onus On Plaintiff To Prove Possession Of Property In Suit For Bare Injunction: Karnataka High Court

The Karnataka High Court recently held that in a suit for bare injunction, it is for the person who approaches the Court to prove his lawful possession over the suit schedule property. Justice S G Pandit added that in such cases, the defendant is not required to move an application to prove the authenticity of the documents produced by the plaintiff during the course of evidence."In a suit...

Plea To Include Advocates' Parents As Dependents For Medical Insurance Withdrawn From Karnataka High Court

The Karnataka High Court on Tuesday permitted withdrawal of a public interest litigation filed by Advocate Ramesh Naik L, seeking a direction to the Karnataka State Bar Council (KSBC) and the Bar Council of India (BCI) to take appropriate action to include Parents of Advocates as dependents in the model form provided by the State Bar Council to provide Medical insurance, Term insurance...

Karnataka High Court Directs NLSIU To Provisionally Admit Transgender Student

The Karnataka High Court on Tuesday by way of an interim order directed the National Law School of India University (NLSIU) to grant admission to a transgender person in the 3-year LLB course for the academic year 2023-24, if found eligible. Justice Ashok S Kinagi admitted the petition filed by the student, clarifying that the petitioner's admission is subject to the final outcome of the...

'Proximate Incident' Necessary For Passing Externment Order: Karnataka High Court

The Karnataka High Court has quashed an externment order passed by the authorities against one Mahantayya, who was externed from Bailhongal Subdivision to Bagalkot for a period of three months. A single judge bench of Justice M Nagaprasanna sitting at Dharwad said, “Provisions of law which empower externment of a person would undoubtedly mean that there should be minimum proximity or...