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Articles by P Vasanth Kumar
HC lets couple seek divorce in less than a year of marriage
BENGALURU: Waiving the one-year cooling-off period specified under section 28 of the Special Marriage Act, 1954, the Karnataka high court has granted relief to a young couple who wanted to part ways by mutual consent so as to concentrate on their careers. The couple had been married for only three months when they decided to opt for divorce.
Setback for Twitter as Karnataka HC dismisses petition challenging blocking, imposes Rs 50 lakh as cost | India News - Times of India Original
BENGALURU: In a huge setback for Twitter Inc, the US based multi-blogging platform, the Karnataka high court on Friday dismissed its petition as devoid of merit, by imposing exemplary cost of Rs 50 lakh, payable to Karnataka State Legal Services Authority within 45 days. If delay is brooked, the petitioner has to pay an additional amount of Rs 5,000 per day, justice Krishna S Dixit said in his order.
Survivor must be cited as witness in rape case: Karnataka HC
BENGALURU: In a case of rape or any atrocity against a woman, the survivor must be cited as a witness, the Kalaburagi bench of Karnataka HC said in a recent judgment. "If the survivor is not arraigned as a witness, the case loses its significance," Justice S Rachaiah pointed out in his order while directing the Bidar SP to take necessary steps against the erring investigating officer for not having arraigned the survivor as a witness to the case.
Withdrawal of provisional revised master plan 2031 won't negate all actions taken in pursuance thereto, says Karnataka HC
BENGALURU: Merely because the provisional revised master plan 2031 was withdrawn by the state government would not negate all actions taken in pursuance thereto, the high court has said while granting relief to a land owner and a developer from Bengaluru city.
Accused cannot be convicted on stray admissions of hostile witnesses and presumptions: Karnataka HC
BENGALURU: By relying on the stray admissions made in the cross examination of hostile witnesses and by assumption and presumption, the accused cannot be convicted for the charges leveled against them,the Dharwad bench of the Karnataka high court has ruled in a recent judgement, while acquitting two brothers.
No exit for US-born medico till she pays fees: Karnataka HC
BENGALURU: Coming down heavily on a 26-year-old US-born student for misrepresenting herself as an Indian to study MBBS under a government-quota seat, the Karnataka high court has directed the authorities to issue exit permit to her only after she pays the entire course fees at the rate applicable to an NRI or OCI (Overseas Citizen of India) category medical seat.
Bail denied to banker in Rs 6 crore transfer fraud in Bengaluru
BENGALURU: The high court has refused bail to the manager of a nationalised bank who allegedly transferred more than Rs 6 crore to fake accounts, said to be created by him. He is also accused of making the beneficiaries withdraw the same. "The offence is a heinous one, an economic offence. He has misappropriated the public's money in the bank.
Bribery case: Karnataka HC grants interim anticipatory bail to BJP MLA Madal Virupakshappa
BENGALURU: In a big relief for Madal Virupakshappa, BJP MLA from Channagiri constituency who is named as an accused in a bribery case along with his son Prashanth Madal, the Karnataka high court on Tuesday granted him an interim anticipatory bail.
If one of 2 proceedings availed by workman is disposed, other becomes redundant, says Karnataka high court
BENGALURU: When the workman has availed the right of a statutory appeal as also right of filing a claim petition under section 10 (4-A) of Industrial Disputes Act, in the event of either one of the proceedings being disposed, the other proceedings would become infructuous and be required to be dismissed as such, the Karnataka high court ruled in a recent judgement.
Filing of case not necessary at worker's place of transfer: Karnataka HC
BENGALURU: An employer cannot expect an employee to initiate legal proceedings at his or her place of work, just because he or she was transferred to that location, the Karnataka HC recently ruled while granting relief to a medical representative dismissed from work.
Dying declaration under treatment valid: Karnataka HC
BENGALURU: An attempt by a murder accused to secure his release by questioning the validity of the victim's statement given at a hospital while undergoing emergency treatment has misfired. The Dharwad bench of the Karnataka high court upheld the life sentence imposed on the accused by a lower court, after accepting the prosecution's argument that the victim had given a verbal dying declaration to police, even as he was being treated at the time.
Employee cannot be expected to initiate proceedings at transferred place: Karnataka HC
BENGALURU: Merely because the employer has transferred him to a particular place, a workman cannot be expected to initiate proceedings in the said place, the Karnataka high court has observed in a recent order while granting relief to a dismissed medical representative.
A partner seeking dissolution of the firm cannot continue business in its name during pendency of suit: Karnataka HC
BENGALURU: The plaintiff in a suit for dissolution of a firm, cannot seek for renewal of a licence and continuance of the business while the suit filed by him for dissolution of the partnership is pending, the Karnataka high court has ruled in a recent judgement.
Karnataka HC fumes as pension to 102-year-old withheld
BENGALURU: The Karnataka high court has slapped a fine of Rs 1 lakh on some central and state government officials for withholding a 102-year-old freedom fighter's pension and forcing him to litigate over the matter thrice. Along with the fine, the court has ordered a payment of Rs 3,71,280 in arrears, with a 6% interest. The dues will have to be paid within two weeks, the court ruled.
Unauthorized absence of employee for one year three months is grave misconduct and dismissal is suitable penalty, says Karnataka HC
BENGALURU: Unauthorized absence of an employee for a long period of one year and three months is a grave misconduct for which dismissal from service is a suitable penalty, the Karnataka high court has observed in a recent judgement.
Karnataka HC suggests various procedures for cases involving court commissioners
BENGALURU: The Kalaburagi bench of the Karnataka high court has suggested series of procedures/ measures to be adopted by the trial courts in matters wherein court commissioners are appointed in resolution of disputes.
Father too natural guardian, can claim kid's custody: Karnataka HC
BENGALURU: A father too is the natural guardian of a minor child and has equal right to the child's custody, the Karnataka HC observed in a recent judgement while upholding the order passed by a family court in Bengaluru, On March 3, 2022, the family court had granted custody of a seven-year-old girl to her father which the mother challenged. Both parents are doctors and residents of Bengaluru.
Infallibility unknown to humanity: Karnataka HC
BENGALURU: "To err is human, infallibility is unknown to humanity," the Karnataka HC observed in a recent judgement, coming to the aid of a 27-year-old job aspirant from Chitradurga district who had erroneously mentioned his caste as scheduled tribe (ST), instead of scheduled caste (SC).
Karnataka HC directs fact-finding survey of two constructions in vicinity of Cubbon Park area of Bengaluru city
BENGALURU: The Karnataka high court has issued direction to the state government to ascertain through the Assistant Director of Land Records (ADLR), City Survey Department by conducting a survey on February 4,2023, as to whether the Hopcoms building constructed by Krishik Samaj ( near Hudson circle) is within or outside the area of Cubbon Park in Bengaluru city.
Authorities get two weeks time to submit response in suo motu PIL in Bengaluru Metro pillar collapse incident
BENGALURU: The Karnataka high court on Tuesday formally ordered notice to the state government, the Bangalore Metro Rail Corporation Limited( BMRCL) the Bruhat Bengaluru Mahanagara Palike (BBMP) and Msrs Nagarjuna Construction Company Limited in response to the Suo Motu public interest litigation( PIL) linked to the recent Metro pillar collapse incident. Following a request, a division bench headed by justice Alok Aradhe also granted two weeks time to submit their responses.
Karnataka HC denies bail, says selling fake stamp papers is serious offence
BENGALURU: Selling fake stamp papers cannot be considered a lighter offence, the high court has observed. The court denied bail to the accused, Shyamaraju, who ran a photocopy centre near Kandaya Bhavan in Bengaluru. Ulsoorgate police had registered a case against him in July last year. The trial court rejected his bail petition on September 23, 2022.
Karnataka HC quashes proceedings against four accused of running fake call center
BENGALURU: Pointing out that there are no victims or complaints lodged by general public alleging cheating, the Karnataka high court has quashed the proceedings against four persons accused of running a fake call center at Whitefield, Bengaluru city.
In land acquisition matters, even tenant needs to be heard before issuance of final declaration: Karnataka HC
BENGALURU: It is mandatory for the state ( government) to notify all the persons interested in the land , including the tenant and hear their objections before taking a decision to issue a final declaration, the Dharwad bench of the high court has ruled in a recent judgement.
Special land acquisition officer does not possess jurisdiction to refuse payment of compensation, says Karnataka HC
BENGALURU:THE Competent Authority , ie, the Special Land Acquisition Officer, does not possess the jurisdiction to refuse payment of compensation awarded to the land-loser, the Dharwad bench of the high court has ruled in a recent judgement Allowing the petition filed by one T Younis alias Unees,a resident of Amarawati village in Hosapete taluk of Ballard district, Justice NS Sanjay Gowda has said that the Competent Authority cannot also seek for the opinion of the Executing Agency for...
Karnataka HC seeks response from government over PIL challenging appointment of State Child Rights panel chief
BENGALURU: The Karnataka high court on Friday ordered notice to the state government, Karnataka State Commission for Protection of Child Rights ( KSCPCR) and its chairperson K Naganna Gowda in response to a public interest litigation (PIL).
Accused were just holding lathis, not ground for granting bail in murder case: Karnataka high court
BENGALURU: Merely because the accused were armed with lathis cannot be a ground to release them on bail, more particularly when they are charged with offences like murder/attempt to murder, rioting and unlawful assembly, the Karnataka high court has observed in a recent judgement. Dismissing the successive bail petition filed by one Ashoka, accused no 2 in the case, justice HP Sandesh has cited the judgement of the Supreme court in Kumer Singh vs State of Rajasthan and another case.
Karnataka HC awards Rs 28 L enhanced compensation to girl who lost her left leg at age of 7 in accident
BENGALURU: Coming to the rescue of an accident victim who had suffered serious injuries in an accident about a decade ago when she was just a 7-year-old girl and her left leg got amputated below the knee, the Karnataka high court has awarded a modified, higher compensation of Rs 27,97,496. This is against Rs.7,24,315 with 6% interest awarded by the Motor Accident Claims Tribunal at Harihar to Supriya a resident of Harihar town in Davanagere district.
Decisions of determination of tender based on " sample proceeding" is unknown to law: Karnataka HC
BENGALURU: Decisions of determination of tender being taken on "sample proceeding" is unknown to law, the Karnataka high court strongly observed in a recent judgement while deprecating the practice of only commissioners taking decisions and putting their signature vis-a-vis the decisions of tendering committees.
A defendant in a suit cannot invoke revisional power under the Stamps Act, says Karnataka HC
BENGALURU: Only a court on its own at the behest of the Deputy Commissioner can invoke the revision power under section 58 of the Karnataka Stamps Act and no other person, such as a defendant to a suit, can be permitted to invoke the same, the Karnataka high court has ruled in a recent judgement.
Bank cannot retain amount paid under OTS after having cancelled offer: Karnataka HC
BENGALURU: If the Bank had cancelled one-time settlement (OTS), it could not have retained the amount paid under OTS and put the property of the petitioner for sale as well, Karnataka high court has observed in a recent judgement while disapproving the action of a nationalised bank.
Transfer no remedy if any serious complaint received against government officer, says Karnataka HC
BENGALURU: In the event of any serious complaint being received against a particular government officer, transfer is not the remedy available, the Karnataka high court ruled in a recent judgement.
Karnataka HC halts selection process pertaining to appointment of vice chancellor of Mysore University
BENGALURU: The Karnataka high court has passed an interim order staying the further proceedings pursuant to November 8,2022 main list pertaining to applications received for selection to the post of vice-chancellor of Mysore university.
Karnataka HC stays Bescom order for payment of commercial tariff vis-a-vis facilities at Bengaluru apartment's clubhouse
BENGALURU: In a big relief for Prestige Shanti Niketan Apartment Owners’ Welfare Association in Bengaluru, the Karnataka high court on Tuesday stayed the operation of November 25, 2022 assessment order passed by Bangalore Electric Supply Company Limited (Bescom), related to the payment of tariff vis-a-vis clubhouse maintained by the petitioner. Vacation judge Justice Anant Ramanath Hegde however directed the petitioner to continue to pay the electricity tariff at the existing LT- 2(a) rates.
Contractual dispute regarding Covaxin vaccine: Karnataka HC refuses to interfere citing it as private dispute
BENGALURU: The high court has dismissed a petition filed by Msrs United Brothers Healthcare Services Private Limited through its unit M/s United Hospital, Bengaluru against M/s Bharat Biotech International Limited, the producers cum distributors of "Covaxin" vaccine. The petitioner had sought for quashing of supply agreement dated July 2,2021 and revised letter of consent dated December 13, 2021 as well as for recovery of Rs1,69,15,500 from M/s Bharat Biotech International Limited.
Karnataka tribunal dismisses plea seeking fresh examination for APP-AGP posts
BENGALURU: The Karnataka State Administrative Tribunal ( KSAT) has dismissed an application filed by 19 candidates seeking for fresh examination for the recruitment to 205 posts of assistant public prosecutors-cum-assistant government pleaders (APPs-AGPs).
Immediate ban on PFI: Karnataka HC rejects plea against central government notification
BENGALURU: The Karnataka high court on Wednesday dismissed a petition challenging the notification dated September 28,2022 issued by the Central government whereby Popular Front of India (PFI) and its associated/ affiliates were declared to be an unlawful organization under Unlawful Activities (Prevention) Act and bringing into force the said notification with immediate effect.
A cash transaction will not become void on account of contravention of section 269 SS of IT Act: Karnataka HC
BENGALURU: Contravention of Section 269SS of the Income Tax Act does not make a cash transaction void, the Dharwad bench of the Karnataka high court has observed in a recent judgement while refusing to interfere with the trial court's decision in a cheque bounce case registered under section 138 of Negotiable Instruments Act Section 269SS bars persons from taking or accepting from any other person any loan or deposit otherwise than by account-payee cheque or account-payee bank draft, if the...
Tendering authority can modify/ amend tender document prior to opening of technical bid, says Karnataka HC
BENGALURU: A tendering authority can change, modify or amend the tender document prior to opening of the technical bid as per Karnataka Transparency in Public Procurements(KTPP), Rules, 2000, the high court has observed in a recent judgement. "In terms of Rule 14 of the Rules, before opening of technical bid, the change, modification or amendment to the tender document is a permissible exercise of power. The only rider is that the information should be given to all the tenderers.
District Registrar cannot assume power of civil court to consider importance of evidence in election matters: Karnataka HC
BENGALURU: A District Registrar cannot assume power of a civil court to consider the importance of evidence in election matters in the garb of conducting enquiry under section 25 of the Karnataka Societies Registration Act, the high court has observed in a recent judgement.
An accused can be punished under KCOCA, even if he had acted individually for crime syndicate: Karnataka HC
BENGALURU: If an accused has acted individually for the crime syndicate, even then he could be punished for those offences under the Karnataka Control of Organised Crimes Act( KCOCA), 2000 , the high court has observed in a recent judgement, while rejecting bail to an associate of gangster Rajendra Kumar SV alias Bannanje Raja.
Police sub inspector empowered to register, investigate & file chargesheet under NDPS Act: Karnataka HC
BENGALURU: A police sub inspector has the competence to register a crime,investigate the same and also filing of the charge sheet under the provisions of Narcotics and Psychotropic Substances (NDPS) Act, the high court has observed in a recent judgement.
'Unauthorised use' of KGF-2 music: Karnataka HC sets aside Bengaluru court's interim order of blocking Twitter accounts of Congress and Bharat Jodo Yatra | Bengaluru News - Times of India
BENGALURU: The Karnataka high court on Tuesday set aside the interim order passed by a civil court in Bengaluru directing the blocking of the Twitter handles of Congress and Bharat Jodo Yatra. The order is subject to the Congress party removing the offending content before noon on Wednesday. A division bench headed by justice G Narendar passed the order after appellant Congress undertook that it will remove the offending content from their @INCIndia and @BharatJodo Twitter handles by Wednesday.
Karnataka HC to CAG: Conduct enquiry regarding hiring of contract labourers by state owned KSSC
BENGALURU: The Karnataka high court has asked the Comptroller and Auditor General ( CAG) to hold an enquiry and submit a report in a year's time with regards to the manner in which contract labourers are being engaged by Karntaka State Seeds Corporation( KSSC) ,a state government undertaking.
Composite negligence case: Claimant entitled to claim against tort feasors & recover compensation, Karnataka HC says
BENGALURU: In a case of composite negligence, claimant is entitled to claim against both or any one of a joint tort feasors (an individual or entity that has been found to have committed a civil offence that injures another party) and to recover the entire compensation from either of the joint tort feasors, jointly or severally, the Dharwad bench of the high court has observed in a recent judgement.
Affected individual can file a cheating/ forgery case in addition to civil proceedings, says Karnataka HC
BENGALURU: Any individual who is affected by any forgery or cheating or like, can initiate a criminal complaint for such offences and both a suit before the civil court and criminal complaint would be maintainable in such instances,the high court has ruled in a recent judgement. "The civil court cannot punish the accused for criminal offences of forgery, cheating etc.
Mere manufacturing M-sand would not amount to violation of MMDR Act: Karnataka HC
BENGALURU: Mere manufacturing M-sand would not amount to violation of Mines And Minerals (Development And Regulation) Act also known as MMDR Act, the high court has observed in a recent judgement.
Accused absconding or delaying probe during the absconding period not relevant for consideration of default bail: Karnataka HC
BENGALURU: Accused absconding or delaying the investigation during the period of he being absconding would not be relevant for consideration of an application for grant of default bail under Section 167 (2) of Criminal Procedure Code, the high court has observed in a recent judgement. At the same time, an accused would not be entitled to the benefit under Section 167(2) of CrPC, in the event of charge sheet having already been filed before his arrest, the court has added.
Failure to supply legible documents to detenue amounts to contravention of Article 22(5): Karnataka HC
BENGALURU: Pointing out that non-supply of the legible documents/copies to the detune is a clear contravention of the right guaranteed under Article 22(5) of the Constitution, the high court has ordered the release of Raghavendra. Raghu was detained under the Karnataka Prevention of Dangerous Activities of Boot-Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers and Video or Audio Pirates Act, 1985 through an order on February 7, 2022.
Karnataka high court directs state govt, SEC to hold elections to BBMP before Dec 31
BENGALURU: The Karnataka high court on Friday directed both the state government and the State Election Commission (SEC) to hold elections to the Bruhat Bengaluru Mahanagara Palike (BBMP) by December 31, 2022 by redoing the reservation list. The BBMP has been without an elected body for more than two years now.
Ambulance service tender: Karnataka govt submits tentative schedule
The court is hearing a PIL filed by Bharat Punarutthana Trust. BENGALURU: The Karnataka government has submitted a tentative schedule to invite tenders for ambulance services, indicating that the clearance from pre-tender scrutiny committee will be accorded by August 29 and tenders will be invited the next day.
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