Hon’ble Mr Justice M. Nagaprasanna celebrates his 53rd birthday today. He was born on 23 March 1971. He is a very good cricket player and known for maintaining calm composure throughout the day. He delivered 50 Judgements in a single day apart from dealing with 482 criminal petitions filed under Section 482 Cr.P.C !
Justice Nagaprasanna was appointed as additional Judge of the High Court of Karnataka and taken oath on 26.11.2019 and Permanent Judge on 08.09.2021.
Important Judgments delivered by Hon’ble Mr. Justice M. Nagaprasanna.
Service Law. Employee of a Gram Panchayat cannot be removed on acts of misconduct without enquiry. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/VzbBse4PKDTviqTPTzoIM7DGk
Karnataka SC/ST Commission has No powers to deal with matters under Karnataka SC/ST (Prohibition of Certain Lands) Act, 1978. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/gbtITYCmpJNLXhBcCIbdbHKVP
“It is better to wear out; than rust out’. Gender neutral provision i.e. Section 24 of the Hindu Marriage Act cannot be used by lethargic husband to seek maintenance from wife. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/LhT808ps82hR9utTNwZXqKEYr
Karnataka SC ST PTCL Act. Conversion and sale of granted land by original grantee after prohibition period. Conversion amounts to deemed permission. Sale is valid. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/MpgVIi5oBaiprLIsTcKruGh0x
Public procurement cannot be frustrated due to delay in disposing the appeals by the Appellate Authority. Karnataka High Court stresses the need for speedy disposal.
https://www.dakshalegal.com/judgements/actionView/dMzbxrgt7ZYWX9hV8uEO7bqkD
Industrial Disputes Act 1947. Section 17B. Payment of full wages to workman pending proceedings in higher Courts is not absolute especially when relation of employer and employee is in serious dispute. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/In1ajZiP7Bm0vOzTw6nZlDfJ1
Payment of Gratuity Act 1972. Payment of gratuity would NOT depend upon an application being made by the employee. Employer is duty bound to dispense gratuity immediately after cessation of service of an employee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Hzul8eIzbciEizVHDuJ1X3Kmp
‘’Pension is trite, not a bounty’’. In genuine cases where pensioners are unable to visit up to the Bank, it is the duty of the Bank officers to visit those persons and take Life Certificate and update them on the system. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/jqaTB7mcDqYorE2zKq3IhQ7uV
‘To err is human. Infallibility is unknown to humanity.’ Mistake in mentioning caste status shall not result in loss of employment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/PFjct5XoIOha46k7UBfbLOs5g
Karnataka High Court quashes imposition of Ground rent, License fee, Scrutiny fee and Lake Rejuvenation fee by Bruhat Bangalore Mahanagara Palike as without jurisdiction and ultravires.
https://www.dakshalegal.com/judgements/actionView/C2SyPNn8BqWwgcPDFS3FcMJtc
Karnataka Cooperative Societies Act. Person seeking employment, who has not yet become employee of the Co-operative Society, need not raise dispute under Section 70. Writ Petition is maintainable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/DOB9m9TWgcB6EpAxz6zvIPhsb
‘It’s high time the haves stop despoiling the rights of have-nots; the haves, I mean, those who have power.’ Karnataka High Court restores property to the widow of the manual scavenger, which was illegally snatched by the statutory authority.
https://www.dakshalegal.com/judgements/actionView/JfOet7rACVbiqrb21bL73sZ9J
“Law abhors Statelessness of children”. Karnataka High Court comes to the rescue of minor child who lost Indian citizenship after the mother renounced Indian citizenship. Directs issuance of passport till the child attains majority.
https://www.dakshalegal.com/judgements/actionView/N8upnvabJJTLt9yt5VZC7PAOn
“Section 12 is the salt of the statute; if by delay the salt would lose its savour; the statute would lose its flavour”. Karnataka High Court issues directions for speedy disposal of applications under the Protection of Women from Domestic Violence Act.
https://www.dakshalegal.com/judgements/actionView/ztbHzmYyELq7M77xU7roxrFZN
Criminal Procedure Code. Court trying criminal case has no power to impound passport of accused since impounding of passport can be done only under the Passports Act, 1967. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Gr7TrbCktHCX4klJjtnl3yn3J
Period spent by an accused pursuant to a body warrant must be counted for the purpose of default bail under Section 167(2) Cr.P.C. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/pfsOJfUDGPnYXTLFgNWTkELF9
Indian Penal Code. Section 376. No exemption is absolute. Husband using wife as sex slave can be booked for rape. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/24MkMPeFnUfEvsnRdeENMwnjz
Externment under the Karnataka Police Act. Authorities must remember that what is being taken away from the citizen is a fundamental right. Reasonable opportunity mandated under the Act must be followed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/vfzU9eDBJN0DcrPH4Eswhe1wM
“Disqualification of a tenderer or termination of contract can happen only in tune with clauses of the tender”. Karnataka High Court orders restoration of tender which was recalled arbitrarily.
https://www.dakshalegal.com/judgements/actionView/XNYeIy4xyqZzuGoSbEtH7muog
There can be no criminal liability against landlord if the tenanted premises is used for immoral trafficking without his knowledge. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0oZ9b7LSP1PrFJCaIGjOaLEkK
Merely because charge sheet did not accompany FSL report, accused cannot contend that he is entitled for bail especially when Police report with necessary details is filed within time. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nK6zevk5aoVRmiStIKUkL3MOq
Period spent by an accused pursuant to a body warrant must be counted for the purpose of default bail under Section 167(2) Cr.P.C. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/pfsOJfUDGPnYXTLFgNWTkELF9
Criminal proceedings against public servant for defamation cannot be initiated without prior sanction under Section 197 of the Cr.P.C. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/EDEQbhi8eXpw5KV1w2KInFWO1
A woman accused is entitled to bail even in a murder case under the first proviso to Section 437(1)(ii) Cr.P.C, when the accused has no grave criminal antecedents. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/G3DtVkqTLhiwPRFhQTmfVrqe2
”Bald and imaginary allegations do not constitute foundation for criminal offences”. Karnataka High Court quashes criminal proceedings by wife against the entire family of the husband.
https://www.dakshalegal.com/judgements/actionView/4amBQVK9NCiqy1589E2wPaPzj
Wife filing complaint under Section 498A, IPC simultaneously or immediately after husband issuing a notice for divorce will not and can by no stretch of imagination result in the complaint rendering itself insignificant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/NjH7h3HPzxR9aLqwCdUVZMQLR
Annulment of marriage does not give right to husband to retain articles of the wife carried by her to the matrimonial house. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/p5OdyB25tORdIcDE74zMv4VFj
Second petition under Section 482 Cr.P.C to quash criminal proceedings is maintainable only in exceptional cases where there are changed circumstances. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nYTTtLXldt8DQxYM9aLricWHd
Power of attorney holder of an accused in a criminal case cannot maintain a Petition be it under Article 226 or 227 of the Constitution of India or Criminal Petition under Section 482 Cr.P.C. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/g575henfqdSz7GEf6AMcNCMBQ
Criminal Procedure Code. Charges can be altered anytime during trial and even after the matter is reserved for judgment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0GcUm3W3m7FCFWUa23Qnhn94D
Pure official communication between two people does not amount to ‘publication’ within the meaning of Section 499 IPC to constitute the offence of defamation. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/IBNsMuHNvLRg3p9mpFHohCD0h
To constitute offence under the SC /ST (Prevention of Atrocities) Act, hurling of abuse must be in in a public place or in a place of public view. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xTO0kdDKpppMck7qD185NS4Eu
Causing death by negligence. Section 304A, IPC. Architect who designed the house cannot be prosecuted for death of construction worker in on-site accident. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/MO3pR3vd6xSF9RCEusmP2vSGG
Interim compensation in cheque bounce cases. Magistrate can award compensation ranging from 1% to 20% in a cautious manner and after recording the reasons. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eWqznVn3UfXEai9UqAbWemPFp
Criminal Law. Doctrine of sameness does not apply when the complainants are different and there is no certainty of time and period. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/qS0GCuUKFaWRbwVHN1lh1LEca
Cheque bounce case. Directors/Chairman of a company cannot claim that they are not privy to the transaction between the accused and the complainant when the complaint clearly narrates their role in the transaction. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/GudwNeB6sfBo2i8T71uyGNtDc
Mere breach of a development agreement cannot be made use of by the prospective purchaser to set criminal law in motion alleging criminal breach of trust. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AdH5nPfylFa0bXf9OOUa9hTBL
Cheque bounce case. Taking sworn statement first then taking cognizance and issuing summons would not vitiate the proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2OebM5gXMY9TxvLK6Kk2I9vAn
Special Power of Attorney holder who is aware of the transaction can initiate proceedings under Section 138 of the Negotiable Instruments Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/sqsjTZ2baQSvT0u7O2G3ztabc
IPC. Section 304B. Wife committing suicide even after two years of leaving the matrimonial house can in certain circumstances come within the meaning of ‘soon before death’ since it would be a matter of evidence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ziJPUxLPdfmgX8AH8izpBBrmN
Criminal Law. If the complainant himself is not in possession of the property, question of criminal trespass does not arise. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/hfwGdD5khxdFlfw35BxXf5ZRu
Setting the criminal law in motion for recovery of disputed money is not what criminal law should be used for as it would amount to misuse of criminal law as a shortcut to seek recovery of money. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/GmINBjpr3ly3j2ypAmN6MMhpJ
“ACB blissfully ignored the ABC of procedure’’. Karnataka High Court quashes criminal proceedings initiated pursuant to casual act of drawing up source information report, registering FIR and conducting the search by the Anti-Corruption Bureau.
https://www.dakshalegal.com/judgements/actionView/fUlQ1xGpTOtsXeKZ5qvAg46p0
Employee of Karnataka Milk Federation is ‘public servant’ under the Prevention of Corruption Act, 1998. Karnataka High Court upholds criminal prosecution against General Manager of Nandini Milk Products.
https://www.dakshalegal.com/judgements/actionView/1lTK542sSZdN8ioHTHc4ZjbLE
Second petition under Section 482 Cr.P.C. is maintainable after the Magistrate takes cognizance and issues summons on the final report/charge sheet.
https://www.dakshalegal.com/judgements/actionView/sSkncCY5fpFjmQPdbCOe18ulu
Bank cannot initiate criminal proceedings alleging loan fraud when borrower’s declaration as ‘willful defaulter’ is stayed by Court. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/y63XUX4diqm1NFMhmy9fJjiBs
Service Law. Rejection of claim for regularisation on an earlier occasion will not be an impediment for fresh consideration. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AOdkcKXBUQgtAtH3QBQjYI8f1
A teacher is the lamp of knowledge who moulds the life of children. State must stop appointing teachers on contract basis through outsourced agencies by process of inviting tender. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/KWuq7E4Zgk6fb2IS9RgvRLg0f
Look Out Notice. An accused who is enlarged on bail should be made known as to why his travel is being interrupted. He must be served with copy of Look Out Notice. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/jy1SEvMzvOsECv7eWYvgP9qft
“Fair trial includes fair investigation which is part of Article 20 and 21 of the Constitution of India.’’ Taking note of utter failure of the Police to deal with powerful accused, Karnataka High Court refers murder case to CBI for further investigation.
https://www.dakshalegal.com/judgements/actionView/Xg9uIUUbrfKkpwo0xjfCuLH66
If a document having direct nexus with Court proceeding is fabricated outside Court and produced later in Court proceeding, inquiry under Section 340 Cr.P.C can be initiated for the offence punishable under Section 195 IPC. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/D5duzNQrPyzPl0AqfedpSdej6
Maximum period seized gold bullion/gold ornaments could be held is 15 days or one month and later interim custody should be handed over to the victim/complainant/applicant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/GRvQcQs5JzLsYDAUjLFJ9O4qX
Public procurement cannot be frustrated due to delay in disposing the appeals by the Appellate Authority. Karnataka High Court stresses the need for speedy disposal.
https://www.dakshalegal.com/judgements/actionView/dMzbxrgt7ZYWX9hV8uEO7bqkD
Collision in high seas. Provisions of the IPC apply even when the ship is flagged outside India and the flag ship does not come within the territory of India so long as the accident takes place within Exclusive Economic Zone. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Du4mkyoGs5wDhfpQri29YPagV
Offence of criminal conspiracy can be a standalone offence in certain circumstances particularly in financial transaction cases. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/cOkww7Zd9JsMjqTa6Y2RPBalm
Invocation of SARFAESI is not a bar for Bank to initiate criminal action if account is declared fraud. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/tOxwbVN1xwR8aEu2o4Lfx5h1D
Standing Counsel of a statutory body cannot be booked for cheating for the adverse Court orders. Karnataka High Court admonishes the Registrar of RGUHS.
https://www.dakshalegal.com/judgements/actionView/IUQft60iqriThmmz0viU4iXNM
Cheating in the name of online wellness therapy. Karnataka High Court refuses to quash criminal proceedings against ‘Tinder Lurer’.
https://www.dakshalegal.com/judgements/actionView/D5j65rrHCNvOax89RbrsDTn7x
DNA test result is only a corroborative evidence and cannot be conclusive in crimes involving sexual assault on children. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/chDp7EHHktQJrBHPqaH7qWlhg
Karnataka Societies Registration Act. Pre-registration acts cannot be considered for the purpose of invoking Section 27 since the Act makes acts to be unlawful activity only after the registration of the Society. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/y2eYXKJRxIGkZJSckYgf3dkPs
N.I.Act. Where there are clear averments in statutory notice and complaint about the role of the directors and their responsibility, proceedings cannot be quashed merely on the plea that they had no direct role in the transaction. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Gzhnnysvgb1C2sJHiQBdMYdS2
District Registrar has no power under Section 25 of the Karnataka Societies Registration Act to decide the validity of elections held in a Society. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2cqTZvjFSdsXdCuLctKcYCjfh
Notification declaring the organisation to be unlawful with immediate effect contains sufficient reasons. Karnataka High Court rejects the challenge to the ban of Popular Front of India.
https://www.dakshalegal.com/judgements/actionView/8tsF7yE14bLnJUUgwc4ZnNCjh
Increasing litigation in public distribution system. “Stop indiscriminate allotment of fair price shops or discriminate distribution of cards”. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/YQTbO4byTLefYA7LfEpnokQAE
Administrative Law. If a show cause notice is for a particular purpose and the party replies for that particular purpose, the authorities cannot pass order on something more to which the party had no notice. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eYSgKpdVrSLZUTqZMljrdSHsb
Real Estate (Regulation and Development) Act does not apply to completed projects or to which completion certificate is issued and hence the Authority has no power to deal with complaints in respect of such projects. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/YwrbFTP6NvSqSXUMmbM8cNcMi
Karnataka SC ST PTCL Act. Repeated sale by grantee constitutes offence of cheating under Section 420 IPC. Such person is not entitled to seek restoration of the granted land and also to retain the consideration received by him. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RXAAYI1H2dWQ0jg4lVbf0ClrC
“Registration of an FIR on a cognizable offence on a reference being made by the Magistrate under Section 156(3) of the Cr.P.C. is imperative.” Karnataka High Court orders enquiry against the delinquent Police Officer.
https://www.dakshalegal.com/judgements/actionView/nnZEUTNVsriVXqIvfP3NAzs4Q
Cancellation of tender after tender process got concluded, award being notified, and contract being signed amounts to arbitrary exercise of power and violative of tenets of Article 14 of the Constitution of India. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/6Kyo9DzvRTfJXubSdxrx9OhJf
“When the State or its agents fear the people there is LIBERTY; when the people fear the State or its agents, there is TYRANNY”. Karnataka High Court awards Rs. 3 lakhs compensation to Advocate who was illegally arrested and tortured by the Police.
https://www.dakshalegal.com/judgements/actionView/4KUwUBeqII5lkiB6vwlSj78H2
Allegation of corruption charges against officers of the Tender Scrutiny Committee cannot result in cancellation of a valid tender. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/o2ChaBr8Wng9BUEWTqGGcBR1k
Public employment. Caste and income of the parents of the applicant and not that of her husband should be taken into consideration. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/zOg8UY8giFNTKHBNxrAvwtTXQ
Appointing authority has no power to go beyond the caste certificate issued by the competent authority. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ALd5M3NI08Cx3CvKaM02I3Zo9
“Right to claim maintenance shall not be rendered illusory.” Karnataka High Court issues guidelines for early disposal of maintenance petitions.
https://www.dakshalegal.com/judgements/actionView/qmGlwpyr4DE86OC0CR1d6vzjb
Architects Act, 1972. Karnataka High Court directs Union of India to notify criteria for nomination of Members of the Council qua the qualification and experience which would become binding on every State Government.
https://www.dakshalegal.com/judgements/actionView/HWYOXgLIHRx3rtNM3PWY6rgRH
Cheque bounce cases. While considering application for grant of interim compensation, conduct of the accused is relevant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RQFNw9kyhigDPUNg96cvHXIqB
‘Proliferation of mobile loan apps haunts gullible customers’. Karnataka High Court rejects the challenge against freezing of the Chinese company account under the Prevention of Money Laundering Act, 2002.
https://www.dakshalegal.com/judgements/actionView/IRA01KobqE4qmPKvFFZFmoZFX
Grant of conversion from agriculture to non-agricultural purposes under the KLR Act does NOT amount to change of land use under Section 14A of the KTCP Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/PLPwZP0Ffc8ebrdyWvJNfCsB7
Execution Court cannot mechanically issue notice on application of third party claiming right over the property in execution. Karnataka High Court dismisses frivolous claim by imposing cost of Rs. 2 lakhs. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AywE4vH34zU014qTFiL4u6Ukl
Agency of the Life Insurance Corporation cannot be terminated without strictly following the Regulations. Karnataka High Court restores the agency with consequential benefits.
https://www.dakshalegal.com/judgements/actionView/Zg4woxtghTqB6voItmxwXmajI
Consensual and longtime sexual relationship cannot be given the colour of rape simply because the promise of marriage could not be fulfilled by the accused. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/TN8lxezdNubB093EGK91jgh7v
Criminal law. When court directs life sentence to start first, the term sentence would run concurrently with the life sentence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oOZ4ljvMT2s4GE2qxsnUHMZdP
Foreign citizen pretending to be Indian citizen to avail educational benefits is reprehensible. Karnataka High Court orders issuance of exit permit subject to payment fee payable by NRI for the entire course.
https://www.dakshalegal.com/judgements/actionView/hM4Hiu7yQQd7X6YY1mb4LrHaD
Arbitration and Conciliation Act, 1996. Writ petition challenging interlocutory order of the Arbitrator is not maintainable. The Act defers the remedy till the stage of section 34. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Bm7K69dumjy3kmsakrawTkdqg
“Consider & dispose applications for premature release of life convicts without any loss of time. Committee meetings to be held once in two months.” Karnataka High Court orders grant of parole to the convict till his application is disposed.
https://www.dakshalegal.com/judgements/actionView/5zOJumwfagio7RWAEXgWxtBTM
“If Government wants to curb corruption, such intention should be reflected in swift action.” Competent Authority must pass orders on the requisitions for sanction to prosecute public servant within the outer limit of six months. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RZ4MWslHqAT2cy5hAPndqDtaf
If a person has no role to play in the entire loan transaction with the bank, issuance of Look Out Circular against him cannot be justified. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/8Or6ys2zDNZjGukxiDZWj6Qyp
Order XVIII Rule 17 of CPC. To recall the witness, there should be demonstrable bonafides in filing applications and the application should be filed without any delay. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RlxXb71SgBySZUv4QCyqYkwyC
E-Auction. Court cannot telescope its imagination into the intricate details of conduct of e-auction since it does not possess expertise to sit in the armchair of experts. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/fL5dOEsOKfojYXKNjFfHiimRG
Grant of Indian citizenship under the Citizenship Act, 1955. Mere surrender of foreign passport does not amount to renunciation of foreign citizenship. Karnataka High Court rejects the plea of minor children of Indian citizen holding Pakistan citizenship.
https://www.dakshalegal.com/judgements/actionView/TLZ2jx5cCSTOCqatD0opBELOC
“Keep your house in order so that common man does not bear the brunt of unnecessary litigation.” Karnataka High Court orders grant of interest to HUF in the Post Office Public Provident Fund Scheme deposit.
https://www.dakshalegal.com/judgements/actionView/gbvgJ88n7U9cl2i1lqaFQRHqa
“Don’t reduce the fundamental right of children under Article 21-A of the Constitution of India, to a “mere rope of sand”. Karnataka High Court directs the Govt to identify land and rebuild Government School.
https://www.dakshalegal.com/judgements/actionView/doDk1Et6sCap3gDhFyFJkpqzE
Insolvency and Bankruptcy Code, 2016. Tribunal has no jurisdiction to entertain any issue arising out of any statutory requirement and it cannot exercise jurisdiction over matters de hors insolvency proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/02wxndKe3sWjnPu3Z5xE5kRfc
“Facilitating Woman who plays the God”. Karnataka High Court evolves Genetic Test, Physical Test and Economic Test while directing Surrogacy Board to consider application of man who crossed 55 years age bar.
https://www.dakshalegal.com/judgements/actionView/Nb6v63cXDdMdJm5WCWcbFNIW4
“In our criminal justice system, it is not the end result of the proceedings, that is agonizing, it is the rigmarole of proceedings which by itself can become a punishment.”. Karnataka High Court quashes proceedings against person dragged in POCSO case.
https://www.dakshalegal.com/judgements/actionView/bff1NfBQjQxY47gGKgzsrrrBR
Child custody. Karnataka High Court approves denial of female child custody to father who failed to take care of her privacy and security.
https://www.dakshalegal.com/judgements/actionView/3fcneqfwPGI6KlWDLgdTelnQv
Karnataka High Court repels the challenge to constitutional validity of Section 37A of the Foreign Exchange Management Act based on manifest arbitrariness.
https://www.dakshalegal.com/judgements/actionView/O0vidTrCvUUQNOXe9raYOvuLT
Prevention of Corruption Act. Sanction for prosecution is necessary in respect of retired public servant when the allegations levelled him are the ones in discharge of his official duties while he was in service since. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/JYQR7FkncDncQKaNy2QMAqTyt
Lands earmarked in the Master Plan for minor or major roads, State or National highways would not lapse if they are not acquired within five years. Planning Authority has a right to hold on to the lands in terms of KTCP Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/bGdQgslcJzOSOG2fa2YvffKLO
POCSO Act. Reporting of offences under the Act, particularly by doctors, requires strict compliance failing which the very object of the Act would be defeated. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/9BaBisDttnPCG8OVejp5Ypv9m
Disputes arising out of contract of employment do not fall within the jurisdiction of the commercial court under the Commercial Courts Act, 2015. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/vmIpaniNPT6cXbKHFx8BJAnvK
‘’Breach of contract between the protagonists in the agreements cannot be the subject matter to set the criminal law into motion’’. Karnataka High Court quashes criminal proceedings initiated by partner alleging breach of the partnership.
https://www.dakshalegal.com/judgements/actionView/6aXeDUnLLQGlC8bBhhAXHxyji
‘Unless the offences are found prima facie, criminal proceedings in matrimonial cases should not be permitted to continue’. Karnataka High Court quashes proceedings against husband who refused to consummate marriage following Bramhakumari preaching.
https://www.dakshalegal.com/judgements/actionView/U57x1vFXHcAg3k6jGsFHqtT4H
To constitute the offence of abetment to commit suicide, the instigation should be of the kind that it drives a person to commit suicide. Instigation should be proximate to the occurrence of death. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ykm7GtpdpQw4NgineEKig8jQX
Courts exercising power under Section 482, Cr.P.C. should not interfere if the case involves disputed questions of fact as the Court won’t become a fact-finding authority at the stage of crime or analysis of the charge sheet. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/UsSweY6z5jFteKniTgjGVThuQ
KathaSangam of Corruption. “It is high time the menace of corruption is nipped in the bud by making the bribe giver susceptible for prosecution like the bribe taker”. Karnataka High Court rejects plea of accused in Madal Virupakshappa case.
https://www.dakshalegal.com/judgements/actionView/GtmGAfqB4XC79sMVZOQUTmBy5
Cheque bounce case. An independent non-executive director, who is not aware of day-to-day affairs of the company, cannot be held liable under the N.I. Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/jXZVPuPEgT17syyhIYnT5Yq4S
Advocates have a right to appear before the Deputy Commissioner in the proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/v4ih1bnYVZUItDXI3mncebvKB
“Sexual harassment of law intern has a chilling effect on the entire legal profession”. Karnataka High Court refuses to quash criminal proceedings against Advocate.
https://www.dakshalegal.com/judgements/actionView/bQ9QWT1uAmm7BKz8NYb7nNP2S
“Proceeding under the IPC is the flesh and the proceeding under the PMLA is the blood.” Provisional attachment under the PMLA shall be suspended when the predicate offence proceedings under the IPC are stayed by the Court. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/cE3Ih5MInNHZwDrnKCxp9rVcr
Disaster Management Act, 2005. No prosecution can be launched for the offence under Section 51, (Punishment for obstruction, etc), without first issuing notice to the person against whom complaint is said to be made. Karnataka High Court. https://www.dakshalegal.com/judgements/actionView/cRfqTqPHeoZPgT7Y3wZWsVYOa
Section 319 Cr.P.C. Power to proceed against other persons appearing to be guilty of offence. Karnataka High Court upholds summoning of the Senior Sub-Registrar for the alleged fraud in the registration of gift deeds.
https://www.dakshalegal.com/judgements/actionView/zDqW32C40Of3drFcwfjxcDl8h
Cheque Dishonor. When the signatory to the cheque was a sole proprietor of a firm, on his death, the liability would not move upon the legal heirs of such sole proprietor. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/QEg0oSO3J2yqpQzf6cblQNwWi
Collection of Statistics Act, 2008. Conviction for neglect or refusal to supply particulars under Section 15 (1) will not absolve furnishing data. Second complaint under Section 15 (2) does not amount to double jeopardy. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/9fjrarNd77vzNruQGJ5vKxrV6
When company was not made party to the criminal proceedings and there is material to proceed against the company, summoning of the company under Section 319 of the CrPC. cannot be questioned. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AqhhfFyNZjCvyuG2GvhuDUIRr
Woman seeking relationships with people on social media platforms and after prolonged consensual sexual relationship, registering crimes alleging rape; such conduct amounts to abuse of process of law. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/TVDXe4de4JuVwrMompcLYaSuT
Karnataka Police Act. Externment takes away fundamental right and shall not to be passed as a matter of course but to be resorted in extraordinary circumstances and meet Article 19 (5) of the Constitution of India. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/y2Kk0f7XmCuLxFbXyZqdP9a1S
Where the allegations in the FIR are absurd, inherently improbable, manifestly attended with mala fides or is maliciously instituted with a view to spite the accused, such proceedings should be quashed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/XEE2PeYVSvgibaoZ7ydpIFhIW
“Set your house in order’’. Karnataka High Court lambasts at the lackadaisical attitude on the part of the Karnataka Lokayukta in completing investigations under the Prevention of Corruption Act in time.
https://www.dakshalegal.com/judgements/actionView/wAyRT3BFje2csCASIrfDyFJdo
‘’Even on a money claim, the Writ would be maintainable, if the action of the State smacks arbitrariness’’. Karnataka High Court directs Bank to refund sale consideration arising out of a fraudulent auction sale.
https://dakshalegal.com/judgements/actionView/6LSt8hc62AihMLtYBnE20Y7z5
No Court can take cognizance of the offence against a public servant without a valid sanction from the hands of the competent authority placed before the concerned Court, by the Investigating Officer. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aX0D4LxYVCh7mzOc9qchqZQHr
“If husband is leading a good life, wife cannot be asked to lead a deprived life”. Karnataka High Court while enhancing wife’s maintenance.
https://www.dakshalegal.com/judgements/actionView/fUwW206qMnzhVPQyN6F9G9Hfd
”It has become a habit to lay Sections 504 and 506, IPC in every offence merely because they are non-cognizable and the criminal cases are filed on glorified trivialities between husband and wife”. Karnataka High Court while quashing criminal proceeding.
https://www.dakshalegal.com/judgements/actionView/5MRRYTB03d9HWdnMzQvZAOZJy
When earlier suit is dismissed for default, the same acts as resjudicata for the subsequent suit on the same cause of action. Plaintiff cannot contend that he has no duty to disclose dismissal of the earlier suit. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/1QnltpvDcuAqHHOkHWpmeW79V
After taking cognizance, it is impermissible for the Magistrate to take cognizance again for the offence that had already been taken cognizance. Karnataka High Court quashes proceedings under the Protection of Wildlife Act.
https://www.dakshalegal.com/judgements/actionView/OpVZ1t5jXDVJNAM6XMNEJTSBT
Negotiable Instruments Act. Death of the drawer of the cheque cannot and will not efface the offence when the cheque is issued on behalf of the Company. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/vDBsVBtOmitXCl0Uxjp7TAAs3
Traffic Police accepting bribe to let vehicles ply against the regulation amounts to demand and acceptance. Such cases would not require approval under Section 17A of the Prevention of Corruption Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/mzWfqkO1kFtdyQ2GRdASE7616
Police officers causing traffic congestion in the city of Bangalore by accepting bribe and letting vehicles to ply against regulation is a serious crime. Government shall deal with iron hand. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/FMoxGjPVgr4iOpACqtUAOCOE0
Surrogacy. Couple having a medical condition that becomes impossible for the woman to conceive can opt for surrogacy by a gamete which is that of the woman not genetically related to the intending couple. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/rDSHntQQKbBH3kx2u18KDhp1g
‘’Temples are symbols of unity and inclusivity’’. Karnataka High Court condemns denial of rights of temple entry and worship to persons belonging to scheduled castes and scheduled tribes. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/OKDDgm2g1moOpqtXvhEQABtmU
Railway Services Pension Rules. Second wife of deceased employee is also entitled for equal pension along with the legally wedded first wife. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/I4ftbWXelIVGiEEORwFhC0oVg
Prevention of Corruption Act. Alleged demand and acceptance of bribe by son on behalf of his father does not render the father culpable. Karnataka High Court quashes proceedings against ex MLA Madal Virupakshappa.
https://www.dakshalegal.com/judgements/actionView/UiObFR6IYg3gWM0sztIpNzgKA
Karnataka Hindu Religious Institutions and Charitable Endowments Act. Term of the Managing Committee commences from the date of its constitution and not from the first meeting to elect the Chairman. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/a4C3Yxt7GFJ1Ga4iaP0Pi1z96
SARFAESI Act as amended. Once the sale notice is issued, right to redeem mortgaged property by the borrower is lost and the right of enforcement of security interest by the Bank is absolute. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/555MM1PXZnvbcpXBhMldEqVBM
‘Policies which are in the realm of regulatory, economic and quality cannot be interfered by a Writ Court’. Karnataka High Court upholds quality control policy on import of plastic into the shores of the nation.
https://www.dakshalegal.com/judgements/actionView/IwuhpGSUiOFFUgYgYZFtvarUN
Karnataka Industrial Areas Development Act. Allottee of an industrial plot who fails to make full payment as per terms of the allotment cannot insist on issuance of show cause notice before cancellation of the allotment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/uCQInrmlcTMJXY3UsPgyrvXqc
‘’Governments may come and Governments may go, the Writ of Constitutional Courts would run and run for all times to come.’’ Karnataka High Court while quashing Govt notification de-notifying committee members of Ramachandrapura Math.
https://www.dakshalegal.com/judgements/actionView/SylRjByavp16tvq3sQaydPXyu
Arms Act. Deputy Commissioner cannot sit over application of Arms license holder to add or delete Arms. Karnataka High Court allows plea of licensee under the ‘Renowned Shooter’ category to possess 10 arms and 1 lakh ammunition.
https://www.dakshalegal.com/judgements/actionView/pdx8FEwobO56fZBbONyGQJ4QP
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