Private Association Of Apartment Owners Not 'State' U/Article 12: Karnataka HC Dismisses Writ Plea Against 'Facilitation Charge' For Tenancy

The Karnataka High Court recently refused to entertain a writ petition moved by certain flat owners questioning the amendment of bye laws of the Apartment Owners' Association which paved way for levy of 'Facilitation Charge' from owners who had let out their apartments on lease, licence, tenancy or otherwise. A single judge bench of Justice R Nataraj dismissed the petition filed by...

Karnataka High Court Quashes 'Reckless, Vague' Case Against BJP Chief JP Nadda For 'Wooing' Voters

The Karnataka High Court has quashed the criminal proceedings initiated against National President of Bharatiya Janata Party and a former Union Minister, Jagath Prakash Nadda for allegedly wooing and threatening voters during an election rally held in May ahead of Assembly elections. A single judge bench of Justice M Nagaprasanna found the FIR under Section 171-F of IPC was...

Diabetes Is 'Manageable', Not Excuse To Avoid Payment Of Maintenance To Wife & Children: Karnataka High Court

The Karnataka High Court has dismissed the petition filed by one Ananth Kumar KG questioning the order of family court directing him to pay Rs 10,000 as monthly maintenance to his estranged wife.A single judge bench of Justice Krishna S Dixit rejected the contention of the petitioner that he has been suffering from diabetes and related ailments, thus he is not able to pay monthly...

Karnataka High Court Weekly Round-Up: August 14 To August 20, 2023

Nominal Index:Shashikala & Others And Laxman Yadu Kadam and Others. 2023 LiveLaw (Kar) 306N Ravindranath Kamath And Sri Subramanyeshwara Cooperative Bank Limited & others. 2023 LiveLaw (Kar) 307SIVA RAMA KRISHNA And MR.SASI NARKIS BABU V & ANR. 2023 LiveLaw (Kar) 308Raufuddin Kacheriwalay & Others And State of Karnataka & others. 2023 LiveLaw (Kar) 309Malathy S B &...

[Rent Control] Parties' Legal Rights Fixed At Suit Initiation, Subsequent Events Don't Affect Jurisdiction: Karnataka High Court

The Karnataka High Court recently reiterated that the legal rights of parties become established as of the date the legal action is initiated, such as filing a suit and that subsequent events that occur after the initiation of legal proceedings do not affect the jurisdiction of the court.Justice H P Sandesh added that events such as the tenant approaching the Rent Controller to fix a fair...

At Stage Of Preliminary Decree, Purchaser Of Undivided Interest Has No Say In A Partition Suit: Karnataka High Court

The Karnataka High Court, Dharwad Bench, has held that the purchaser of an undivided interest, who has no locus in a partition suit, has no say at the stage of preliminary decree. The Court was adjudicating a writ petition, wherein the purchaser of an undivided interest had challenged the order of Civil Court passed in a partition suit allowing amendment to the same.The bench comprising...

Karnataka High Court Seeks State's Response On Authority To Prescribe Duration, Raga For Singing State Anthem

The Karnataka High Court on Thursday asked the State government under which authority it is empowered to prescribe that citizens should sing the State Anthem—Jayabharatha Jananiya Thanujathe in a tune composed by Mysore Ananthaswamy and for a particular duration.The State government has by its order dated September 25, 2022 directed that the State Anthem should be sung for two and half...

"Fading Away Of Intimacy" After 6 Yrs Of Consensual Sex Not Rape: Karnataka High Court

“Fading away of the intimacy after six years of consensual acts of sexual intercourse cannot mean that it would become ingredients of Section 375 [Rape] of the IPC,” the Karnataka High Court observed recently.A single judge bench of Justice M Nagaprasanna thus quashed a rape case registered by a woman against her live-in partner whom she had befriended on Facebook. It added,“They...

Objection To Civil Suit In View Of Arbitration Clause To Be Raised Before Court Of First Instance: Karnataka High Court

The Karnataka High Court has set aside a trial court order dismissing a suit filed by Nova Medical Centers Pvt Ltd. on the premise that the dispute is arbitrable. Court noted that the defendant had failed to raise objection as to jurisdiction of Civil Court. A single judge bench of Justice Anant Ramanath Hegde observed,“It is a well-settled principle of law that the objection to entertain...

Karnataka High Court Refuses To Quash Abetment Of Suicide Case Against Three For Allegedly Teasing Colleague Over Sexual Orientation

The Karnataka High Court recently refused to quash criminal proceedings initiated against three employees of Lifestyle International Private Limited, accused of teasing their colleague on his sexual orientation, which is alleged to have caused him to commit suicide. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Malathy S B, Deputy General Manager in...

Haj | Chairman's Tenure Cannot Be Extended Beyond Tenure Of Committee: Karnataka High Court

The Karnataka High Court has dismissed a petition filed by the Chairman and Members of the State Haj Committee to extend the tenure of the Chairman and the Committee, beyond three years from the date of election, as the appointment of the Chairman was notified at a belated stage, post directions from the High Court. A single judge bench of Justice Krishna S Dixit dismissed the petition filed...

Dark Web | Karnataka High Court Refuses To Quash 'Light Combat Aircraft' Data Theft Case Against 27-Yr-Old Aerospace Engineer

The Karnataka High Court has refused to quash criminal proceedings initiated against 27-year-old, who is accused of leaking the data of the Light Combat Aircraft developed under the Tejas programme by Aeronautical Development Agency, on the dark web for enriching himself. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Siva Rama Krishna Chennuboina seeking to...