NOTE: The Karnataka High Court applies the principle of “Ecocide” in a case involving Air and Water pollution by trader who stacked iron ore in open place causing Air and Water pollution. Ecocide is criminalized human activity that violates the principles of environmental justice, as by substantially damaging or destroying ecosystems or by harming the …
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Writ seeking appointment of members from religious minorities as Chairman of Minorities Development Corporation by rotation. In the absence of a legal obligation, such a direction cannot be issued. Karnataka High Court.
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Service Law. Principle that person who participates in the selection process cannot challenge the procedure for selection is not absolute. Estoppel and acquiescence would not apply in case of glaring illegalities in the selection. Karnataka High Court.
Dr. Raghavendra H.K. vs The State of Karnataka and others. Writ Petition 4923/2020 decided on 16 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/360403/1/WP4923-20-16-01-2021.pdf Relevant paragraphs: 17. Insofar as the contention of the respondents that the petitioner is estopped from challenging the selection process after having participated on the ground of acquiescence is concerned, the said principle is …
Public Interest Litigation and Service matters. Except when a writ of quo warranto is sought, a public interest litigation is not maintainable in service matters. Karnataka High Court.
Full Judgment:
Claim to property based on adverse possession. Period starts from the time of giving up the claim based on title. Plea of title and adverse possession are mutually inconsistent. Karnataka High Court.
Noor Aftab Parveen and others vs H.N. Chandrashekar by lrs. Regular Second Appeal 864/2015 decided on 15 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/359967/1/RSA864-15-15-01-2021.pdf Relevant portion page 23: The claim of adverse possession requires fulfillment of the three criteria concurrently which are:- (a) nec vi – adverse in continuity (b) nec clam – adverse in publicity (c) …
High Court of Karnataka to bring out book entitled “History of Courts of Karnataka”. Makes general appeal for information.
The High Court of Karnataka has constituted a constituted aCommittee chaired by Hon’ble Smt. Justice B.V. Nagarathna to bring out a book entitled “History of Courts of Karnataka”. The High Court has made general appeal to persons with knowledge in this behalf and tapping all sources of information. The High Court has requested such persons …
Public policy. Unconditional withdrawal of public interest litigation acts as a bar to file fresh writ petition seeking same reliefs. Karnataka High Court.
India Awake for Transparency vs The Director Directorate of Enforcement and others. Writ Petition 12073/2020 decided on 21 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/359840/1/WP12073-20-21-01-2021.pdf Relevant paragraphs: 3. In this writ petition, petitioner has inter alia prayed for a direction against Director of Enforcement to register a case of money laundering arising out of scheduled offences set …
Criminal Procedure Code. Section 173(2). Magistrate cannot take cognizance of the final report submitted by Central Crime Branch since CCB is not a police station. Karnataka High Court.
Dr. M.G. Gopal vs State by Central Police (CCB). Criminal Revision Petition 34/2018 and connected matter decided on 18 January 2021. Judgement Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/359830/1/CRLRP34-18-18-01-2021.pdf Held: 14. What constitutes a police station has been defined in Section 2(s) of the Code, which reads as under:- “2(2): “police station” means any post or place declared generally or …
Land grabbing charges against H.D.Kumarasway. Karnataka High Court warns initiation of contempt proceedings against the Government officials.
On a Contempt of Court Petition (CCC 674/2020) filed by the Samaj Parivartana Samudaya, alleging inaction on the part of the Government officials to implement the earlier order of the Karnataka High Court, the Division Bench headed by the Hon’ble Chief Justice warned the Government officials that it would initiate contempt of court proceedings if …
“A member of the Bar is expected to act first as an Officer of the Court and thereafter, as the mouthpiece of his client”. Karnataka High Court censures lawyer for filing contemptuous petition.
V. Gururaj vs Sri. Sri. Vidya Sreesha Theertharu. Writ Petition 44/2021 decided on 12 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/359672/1/WP44-21-12-01-2021.pdf Note: This is a matter where, at the instance and on the advice of client, Advocate filed a Writ Petition before the Division Bench of the Karnataka High Court praying that his matter which is pending …
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