Karnataka High Court
Exception To Section 6(1) Hindu Succession Act Does Not Apply To Properties Alienated In Violation Of Court Orders: Karnataka High Court
The Karnataka High Court has made it clear that the exception made under Section 6 (1) of the Hindu Succession Act, can be availed by a person who has alienated properties lawfully and the benefit cannot be extended if the alienation is made in violation of court orders. Section 6 (1) was amended in the year 2005 and it confers the status of a coparcener to a daughter of a male...
Amendments Long Overdue: Karnataka High Court Suggests Increasing Pecuniary Jurisdiction Of District Courts To Hear First Appeals U/S 96 CPC
The Karnataka High Court has suggested amending provisions of the law relating to the pecuniary jurisdiction of the High Court and the District Court to hear the first appeals filed under Section 96 of the Civil Procedure Code, which is governed under Section 5 of the Karnataka High Court Act of 1961 and Section 19 of the Karnataka Civil Courts Act, 1964, to ensure expeditious disposal...
Unemployed Husband Perhaps Had "Inferiority Complex" From Working Wife: Karnataka High Court While Upholding Conviction U/S 498A IPC
The Karnataka High Court recently upheld a husband's conviction under Section 498-A (Cruelty) IPC for harassing his wife, stating that he perhaps developed inferirority complex.A single judge bench of Justice Ramachandra D.Huddar while dismissing the revision petition filed by H D Naveen observed,“Accused No.1 is unemployed. Perhaps he must be having an inferiority complex as his...
Karnataka High Court Issues Notice On PIL Seeking Commission To Consider Geo-Political Autonomy Of Codava Tribe In Coorg
The Karnataka High Court on Monday issued notice to the State of Karnataka and Union Government on a public interest litigation filed seeking to set up a commission to consider the demands for granting Coorg, which is part of State of Karnataka, a Geo-Political Autonomy/Self-Rule and inclusion in the Schedule List (ST) list of the Indian Constitution.A division bench of Chief Justice Prasanna...
Prima Facie Terrorist Act: Karnataka High Court Rejects Plea By 2020 Bengaluru Riots Accused Against Cognisance Taken By NIA Court
The Karnataka High Court has dismissed a petition filed by an accused in the Bengaluru riots case of 2020, questioning the cognizance taken by Special NIA court of offences punishable under the Unlawful Activities (Prevention) Act. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by accused Mohammed Sharif and said, “The ingredients of Section 15 (Terrorist Act)...
Karnataka High Court Permits Unrecognized Political Party To Use Private Vehicle, Loudspeaker For Election Campaigning
The Karnataka High Court has by way of an interim order permitted a yet to be recognised political party to use a private vehicle and loudspeaker for election campaigning. A single judge bench of Justice M Nagaprasanna while hearing a petition filed by Karnataka Rashtra Samithi Party questioning the orders of the Deputy Commissioner and Returning officer, said “The order impugned is...
Karnataka High Court Weekly Round-Up: April 10 To April 16, 2023
Nominal Index [Citations 144 - 151]:Ramamurthy N And Bruhat Bengaluru Mahanagara Palike & Others. 2023 LiveLaw (Kar) 144Isthiyak Ahmed And Election Commission of India & Others. 2023 LiveLaw (Kar) 145K. Shankarlal v. Post Master, India Post & Ors. 2023 LiveLaw (Kar) 146Roopa D And Rohini Sindhuri &ANR. 2023 LiveLaw (Kar) 147ABC And XYZ. 2023 LiveLaw (Kar) 148Coolulu Sports...
Can't Reduce Right To Education To Mere "Rope Of Sand": Karnataka High Court On School Demolition For Mysore Expressway, Orders New Building
The Karnataka High Court has directed the State Government to forthwith identify/approve identified land for construction of a school building in Maddur Taluk, which was demolished after land on which it stood was acquired for widening and upgrading Bangalore – Mysore Highway. A single judge bench of Justice M Nagaprasanna was irked by the three year delay at the hand of...
Karnataka High Court Orders De-Freezing Of Advocate's Account After She Explains Money Received From Cheating Accused Is Toward Professional Fee
The Karnataka High Court has accepted the submission made by an advocate that the amount received by her from a client who is accused in a cheating case is towards professional fee and has directed the police to instruct the bank to defreeze his account. A single judge bench of Justice M Nagaprasanna disposed of the petition filed by Kanchan Srinivasan and said “In the light of the...
Lulu Mall v. Coolulu Sports Trademark Dispute: Karnataka High Court Directs Centre To Pass Reasoned Orders U/S 16 Companies Act
The Karnataka High Court has directed the Regional Director, Ministry of Corporate Affairs to consider afresh whether the word “lulu” in the title of Coolulu Sports Private Limited company is identical to Lulu International Shopping Malls Private Limited a well known trademark. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Coolulu Sports Private Limited and...
Karnataka High Court Stays Insolvency Proceedings Against Mantri Developers Ltd
The High Court of Karnataka, Bengaluru Bench, comprising of Justice M. Nagaprasanna, while adjudicating a petition filed in Mr. Sushil Mantri v The Registrar (NCLT Bengaluru) & Ors. has stayed the Corporate Insolvency Resolution Process (“CIRP”) initiated against Mantri Developers Pvt. Ltd. by the National Company Law Tribunal, Bengaluru.BACKGROUND FACTSMantri Developers Pvt....
Twitter Defends Foreign Entity's Right To Appear Before Indian Courts, Says Blocking Users Effectively Blocks Content That Isn't Even Generated
The Karnataka High Court was on Wednesday informed by Twitter Inc. that Article 3 of the US Constitution confers a Constitutional Right on Foreign National to get access to courts in the United States. A single judge bench of Justice Krishan S Dixit had on Monday sought a clarification from the microblogging site on how laws of other countries including that of the United States of America...