S.187 BNSS | Police Custody Must Be Within First Forty Days For Offences Punishable Upto 10 Years Imprisonment : Karnataka High Court

The Karnataka High Court has held that as per Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the 15-day police custody must be sought within the first forty days in cases of offences which are punishable upto ten years of imprisonmentIt clarified that the phraseology used in Section 187 BNSS is an offence punishable "for ten years or more", explaining that 10 years or more would mean that the threshold punishment is 10 years and not a punishment up to 10 years. The court...

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court

The Karnataka High Court on Wednesday expressed a prima facie view that it was not possible for it to quash proceedings initiated against former Chief Minister B S Yediyurappa registered under the Protection of Children From Sexual Offences Act (POCSO) Act, solely on the statements of witnesses recorded under Section 161 (Before the IO) which have given a contrary view to that of the victim about the alleged incident. Justice M Nagaprasanna said “Quashing of proceedings based on...

Authority Can't Decline Landowners' Plea For Layout Plan Approval Unless Acquisition Notification Is Published For Scheme Formation: Karnataka HC

The Karnataka High Court has said that an urban development authority would have the right to decline a plea for approval of layout plan of land, only if a notification is duly published as per law for acquisition of the lands for formation of a scheme or a layout. A division bench of Justice R Devdas and Justice G Basavaraja held thus while dismissing an appeal by the State government challenging an order of the single judge which allowed the petition filed by Mahaveer Oswal and others...

Karnataka HC Sets Aside Order To Register Defamation Case Against Asst Commissioner For Shouting At Senior Lawyer, Calls It Quasi-Judicial Function

The Karnataka High Court has set aside an order of the Magistrate court directing the registration of a defamation case against the Assistant Commissioner of Kundapura who while discharging quasi-judicial function, allegedly acted erratically and became furious and shouted at a senior lawyer and a member of Kundapura Bar Association, appearing before him. Justice V Srishananda allowed the petition filed by Charulata Somal and set aside the order passed by the Magistrate court in 2015. He said,...

'Reckless Registration Of Crime' : Karnataka HC Stays Probe Against Republic TV Chief Arnab Goswami Over “Fake News" About CM

Terming it to be a "reckless registration of a crime", the Karnataka High Court on Tuesday (December 17) stayed all further investigation in a crime registered against Republic TV Chief Editor Arnab Goswami accused of spreading fake news about Chief Minister Siddaramaiah. Justice M Nagaprasanna passed the interim order and stayed investigation in the crime registered under section 505...

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

The Karnataka High Court on Tuesday (December 17) allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. Justice M Nagaprasanna allowed the petition following its judgment passed on December 3 in the petition filed by...

For Public Good: Karnataka High Court Dismisses PIL Against Govt Circular Suspending Change Of Farmers Land To Waqf Board

Dismissing a PIL for setting aside a government circular which suspended mutation of farmers and private khata properties to the waqf board after complaints were received regarding the same, the Karnataka High Court on Tuesday (December 17) said that directions were issued in public interest. The court was hearing a PIL by one Syed Ajaz Ahmed which prayed for setting aside the directions...

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite

The Karnataka High Court on Tuesday (December 17) quashed the criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'.A single judge bench of Justice M Nagaprasanna passed the order on a petition filed by one Shivaprasad. It said “Allowed and...

Karnataka High Court Weekly Round-Up: December 09 - December 15, 2024

Citation 2024 LiveLaw (Kar) 501 to 2024 LiveLaw (Kar) 512Nominal Index:K Raja AND V Prabhakar. 2024 LiveLaw (Kar) 501Axis Bank Ltd AND Assistant Commissioner & Others. 2024 LiveLaw (Kar) 502UnIon of India AND A Mohan & ANR. 2024 LiveLaw (Kar) 503A J James AND Karnataka State Law University & Others. 2024 LiveLaw (Kar) 504Mohammed Aamir Raza AND State of Karnataka & ANR....

Rejection Of FCRA License Renewal To Be Challenged In Revision Before Appellate Authority Not In Appeal Before HC: Karnataka High Court

The Karnataka High Court has said that an order rejecting an NGO's application for renewal of license under Foreign Contribution (Regulation) Act (FCRA) is to be challenged in revision before the appellate authority and an appeal questioning the order before high court is not maintainable. Justice K Natarajan held thus while dismissing an appeal filed Action for Community...

Karnataka High Court Quashes Defamation Case Against Congress Leader Over Remarks On The Word 'Hindu'

The Karnataka High Court has quashed a defamation case registered against Congress Leader and Member of Legislative Assembly Satish Jarikholi, who was charged under Section 500 and 153 of the Indian Penal Code, alleging to have hurt the sentiments of Hindus as he made a statement that the word “Hindu” has a dirty meaning.A single judge Justice M Nagaprasanna allowed the petition filed...

Karnataka High Court Monthly Digest: November 2024 [Citations: 454 - 489]

Citation 2024 LiveLaw (Kar) 454 to 2024 LiveLaw (Kar) 489Nominal Index: Mahantesh S Nagur AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 454Siji Malayil & ANR And Union of India & ANR. 2024 LiveLaw (Kar) 455B. SATHYANARAYANACHAR AND State of Karnataka & Others. 2024 LiveLaw (Kar) 456Raja Yogi Nirmalnathji Maharaj AND KADRI JOGI (YOGISHWAR) MUTT & Others. 2024 LiveLaw...