The High Court of Karnataka, (Justice B.V. Nagarathna and Justice N.S. Sanjay Gowda), while quashing Section 2(1)(n) of the Karnataka Professional Educational Institutions (Regulation of Admission & Determination of Fee) Act, 2006, as amended by Karnataka Act No.22 of 2017, to the extent it includes the ‘Overseas Citizens of India’ or ‘Overseas Citizens of India …
Author Archives: rajdakshalegal
Education. Admission to Government seats in professional colleges. ‘Persons of Indian Origin’ and ‘Overseas Citizen of India’ cannot be treated as ‘Non-resident Indian’. -Karnataka High Court
Pranav Bajpe and others vs The State of Karnataka and others. Writ Petition 27761/2019 and connected matters decided on 9 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352798/1/WP27761-19-09-12-2020.pdf Relevant paragraphs: Challenge is to Rule 5 of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006 made under The Karnataka Educational Institutions …
Karnataka High Court upholds validity of Section 8(4) of the Prevention of Money Laundering Act, 2002.
Dyani Antony Paul and others vs Union of India and another. Writ Petition 38642/2016 and connected matters decided on 11 December 2020. Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352800/1/WP38642-16-11-12-2020.pdf 8(4) Where the provisional order of attachment made under sub-section (1) of Section 5 has been confirmed under sub-section (3), the Director or any other officer authorised by him in …
Negotiable Instruments Act. Cheque issued to managing partner of partnership firm. Complaint filed in the name of partnership firm not maintainable. Firm is neither ‘payee’ nor ‘holder in due course’. Karnataka High Court.
Srinidhi Finance and Investment Corporation vs Basavanthappa. Criminal Appeal 2828/2011 decided on 23 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352719/1/CRLA2828-11-23-11-2020.pdf Relevant paragraphs: 21 & 22 In the present case, cheque has been issued by the accused in the name of Siddalingappa Tippanna Satyappanavar, who is ‘payee’. Holder in due course of the cheque is none other than …
NDPS Act. Prosecution’s complaint failing to connect accused with seized material. Valid ground to grant bail to the accused. Karnataka High Court.
Irfan Ali vs The State of Karnataka. Criminal Petition 101431/2020 decided on 8 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352702/1/CRLP101431-20-08-12-2020.pdf Relevant paragraphs: 6. The learned counsel for petitioner has relied on a decision of this Court rendered in Criminal Petition No.1142/1991, in the case of Shankar Krishnasa Habib and Another Vs. State of Karnataka, decided on 16.09.1991. …
PIL challenging Karnataka Veerashaiva Lingayat Development Board. Notice to Government.
The Karnataka High ordered emergent notice to the State Government on a public interest litigation filed by S. Basavaraj, Advocate and Member, Karnataka State Bar Council. The contention of the petitioner has been that caste based Boards are not traceable to any plenary legislation or constitutional provision. After hearing the petitioner,the Division Bench consisting of …
Defamation. Statement made in open court during evidence amounts to ‘publication’ unless it is an in-camera proceeding. Karnataka High Court.
Mauna vs K.G.Mahesh Murthy. Criminal Petition 101295/2017 decided on 26 November 2020. Justice H.B. Prabhakara Sastry Judgment Link: Microsoft Word – CRL.P. No.101295.2017.doc (kar.nic.in) Relevant paragraphs: It is …the case of the complainant in the trial Court that the petitioner herein in her cross- examination in the complaint filed by her under D.V. Act, made …
Arbitration and Conciliation Act, 1986. Right to seek reference to arbitration is not lost if application under Section 8 is filed along with written statement. Karnataka High Court.
Pricewaterhouse Coopers Service vs Mohan Kumar Thakur. Miscellaneous First Appeal 8750/2019 decided on 5 November 2020. Justice B.V. Nagarathna and Justice N.S. Sanjay Gowda. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351911/1/MFA8750-19-05-11-2020.pdf Relevant paragraphs: 18. Whether a defendant would lose the right to seek for reference of the parties to arbitration, if the application for referring the parties to arbitration …
PTCL Act. Proceedings withdrawn or dismissed on merits can not be re-opened by fresh proceedings. Second petition barred by estoppel acquiescence, abandonment and waiver. Karnataka High Court.
Narayanaswamy vs The District Commissioner and others. Writ Appeal 3855/2019 decided on 6 November 2020. Chief Justice Abhay S Oka and Justice S.R. Krishna Kumar. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/303237/1/WA3855-19-06-11-2019.pdf Relevant paragraphs. 10. …….the proceedings under Sections 4 and 5 of the PTCL Act having been originally initiated by the appellant and the sixth respondent in the …
Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. Inordinate delay in challenging sale. Such proceedings are not maintainable. Karnataka High Court.
Narayanaswamy vs The District Commissioner and others. Writ Appeal 3855/2019 decided on 6 November 2020. Chief Justice Abhay S Oka and Justice S.R. Krishna Kumar. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/303237/1/WA3855-19-06-11-2019.pdf Relevant paragraphs. Judgments in Ibrahimpatnam Taluk Vyavasaya Coolie Sangham v. K. Suresh Reddy (2003) 7 SCC 667, Situ Sahu & Others vs. State of Jharkahnd & Others …
Daksha Legal 