[Prevention Of Corruption Act] Preliminary Inquiry Before Obtaining Approval From Competent Authority Violates Section 17A: Karnataka HC

The Karnataka High Court has held that collection of materials by the Lokayukta police before registration of FIR under provisions of the Prevention of Corruption Act, would amount to a violation of Section 17A of the Act.Justice M Nagaprasanna held thus while partly allowing a petition filed by S Laxmi and others who work with Pattana Panchayat, Jagalur, Davangere District, had approached the court seeking a declaration that the inquiry/investigation conducted pursuant to registration of a...

Apartment Complexes With Only Residential Flats To Be Registered Under Apartment Ownership Act, Not Co-Operative Societies Act: Karnataka HC

The Karnataka High Court has reiterated that property consisting of only residential flats, is to be registered under the Karnataka Apartment Ownership Act, 1972 and there cannot be any association registered under the Karnataka Co-operative Societies Act, 1959, to form a society to manage and maintain the property.Justice K S Hemalekha held thus while allowing a petition filed by Saraswathi Prakash and others who are apartment owners in an Apartment complex known as “Parkside Retirement Homes...

High Court Permits 'Cauvery Aarti' Inside Bengaluru's Sankey Tank On Friday, Emphasises Need For Awareness On Conserving Water Bodies

The Karnataka High Court on Thursday (March 20) permitted the Bangalore Water Supply and Sewerage Board (BWSSB) to hold the proposed 'Cauvery Aarti' inside Sankey Tank, scheduled to be held on March 21. A division bench of Chief Justice N V Anjaria and Justice K V Aravind disposed of the application filed by Geeta Mishra seeking a direction to the authorities to stop construction of all activities, temporary or permanent at the place of event.It said, “The Authorities shall while conducting the...

Trial Courts Must Be Cautious While Granting Permission To IO For Invoking Charges On Organised Crime U/S 111 BNS Against Accused: Karnataka HC

The Karnataka High Court has said that trial courts are required to be more cautious while permitting the Investigation Officer to invoke the offence punishable under Section 111 of Bhartiya Nyaya Sanhita (BNS) 2023.For context Section 111 of BNS pertains to Organised crime (1) Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes trafficking of persons, drugs, weapons or illicit goods or...

Leave Encashment Is A Constitutional Property Right; It Cannot Be Denied Without Specific Statutory Authority: Karnataka HC

Karnataka High Court: A single judge bench of Justice M. Nagaprasanna declared that an employee dismissed from service is entitled to leave encashment, as it constitutes a property right under Article 300A of the Constitution. The court held that the Karnataka Gramina Bank refusing to pay leave encashment to a dismissed employee was illegal. It emphasized that once earned, terminal benefits including leave encashment become the employee's property. Thus, they cannot be withheld...

Karnataka High Court Stays Election To Tumakuru District Advocates Association As Women Members Seek Implementation Of 33% Reservation

The Karnataka High Court on Wednesday stayed till March 21 elections to the Tumakuru District Advocates Association, which is scheduled on April 5. Justice M Nagaprasanna passed the interim order while hearing a petition filed by women advocates of the Bar association, challenging an endorsement rejecting their representation seeking 33% reservation in the total existing posts at the Association, in favour of women members. The plea prays for a direction to the Association to implement 33%...

Sowjanya Case: Karnataka High Court Permits Peaceful Protest At Freedom Park

The Karnataka High Court on Wednesday (March 19) permitted the holding of a peaceful protest in relation to the 'Justice for Sowjanya Movement' at Freedom Park, Bengaluru.Justice M Nagaprasanna, while disposing of the petitions filed by Karnataka Karmikara Vedike (R) and Native Empowering and Equipping Team For Hope And Interaction (R) said that the protest should be peaceful, failing which the authorities can take appropriate action. The Court noted, “I deem it appropriate to permit...

Registrar Of Co-Operative Societies Can Order Inquiry Into Functioning Of Society Pending Re-Audit: Karnataka High Court

The Karnataka High Court has said that the Registrar of Cooperative Societies can order an inquiry into the functioning of a cooperative society, which cannot be interdicted by a pending re-audit under the provisions of the state Cooperative Societies Act.Justice Suraj Govindaraj held thus while dismissing the petition filed by Bherya Primary Agriculture Credit Cooperative Society Ltd. The society had approached the high court after the Registrar of Co-operative Societies issued a notice of...

Giving Notice To Tenant To Vacate Lease Premises Not Defamation: Karnataka High Court Quashes Case Against Senior Advocate Practising At SC

The Karnataka High Court has quashed defamation proceedings against a Senior Advocate of the Supreme Court and his wife, over a complaint filed by their tenant after they sent a notice asking him to vacate their property.Noting that defamation requires an intention to harm the reputation of a person, Justice M Nagaprasanna observed that initiating legal proceedings against a party would...

Karnataka HC Asks Centre To Restrain Media From Making Defamatory Statements Against Actress Ranya Rao Arrested In Gold Smuggling Case

The Karnataka High Court on Tuesday directed the Central government to pass appropriate orders restraining the media from making or telecasting any false, defamatory statement against actress Harshavardini Ranya Rao and her father K Ramchandra Rao.Rao has been arrested in connection with a gold smuggling case and is presently in judicial custody. Gold bars worth ₹12.56 crore were...

"Taken Birth From Womb Of Social Justice": Karnataka HC Upholds Validity Of Micro Loan & Small Loan (Prevention Of Coercive Actions) Ordinance

The Karnataka High Court on Monday dismissed a petition filed seeking to declare the Karnataka Micro Loan and Small Loan (Prevention of Coercive Actions) Ordinance, 2025 as unconstitutional, arbitrary and beyond the legislative competence of the state government.Justice M Nagaprasanna upheld the ordinance saying “The Ordinance, conceived in response to the anguished cries of the vulnerable...

Assessees Claim For ITC Cannot Be Denied For Being Disadvantageous To State Exchequer: Karnataka HC Clarifies Principles On Input Tax Credit Claims

The Karnataka High Court while laying down vital guidelines on Input Tax Credit stated that if the Assessee during the course of reassessment proceedings makes a claim for Input Tax Credit, the same cannot be disallowed only on the ground that the claim of the Assessee is disadvantageous to the State Exchequer. The Division Bench of Justices Krishna S Dixit and G....

Karnataka HC Reprieve To Teacher Booked For Beating 6th Grader With Stick, Says No Proof Punishment Exceeded Child's Capacity To Endure

The Karnataka High Court has quashed the criminal proceedings launched against a Physical Education teacher accused of beating a 6th grade school student with a stick, over alleged disobedience.While doing so Justice Hemant Chandangoudar cited Kerala High Court's decision in Rajan @ Raju v. Sub-Inspector of Police (Crl. MC. No. 237/2018), where it was held that parents are presumed to have...

Glorification Of Lawlessness Through Social Media, Reels 'Dangerous': Karnataka HC Orally Observes In X's Plea Against Centre's Sahyog Portal

X Corp (formerly Twitter) has filed a petition before the Karnataka High Court, seeking protection from any coercive action against the company, its representatives or employees, for not joining the censorship portal 'Sahyog', till the final adjudication of its petition.'Sahyog' Portal has been developed to automate the process of sending take down notices under Section 79(3)(b) of...

Reservation Policy For Transgender Persons In NLSIU To Be Made By Executive Committee, Can't Be Done In Ad Hoc Manner: Varsity To High Court

The National Law School of India University (NLSIU) told the Karnataka High Court on Monday (March 17) that because of single judge's direction ordering the varsity to provide reservation of 0.5% to transgender persons with fee waiver, the "entire administration of admission process has been disturbed" and is interfering with its autonomy. Notably, the single judge had directed the varsity...

Karnataka High Court Quashes FIR Against Journalist Rahul Shivshankar Over Tweet On Religious Minorities Fund Allocation

The Karnataka High Court on Monday (March 17) allowed TV journalist Rahul Shivshankar's plea seeking quashing of an FIR registered against him for his tweet about the State government's allocation of funds for welfare of religious minorities.Justice M Nagaprasanna while pronouncing the order said that the petition has been allowed and the FIR has been quashed.On February 13, the court...

Fair Market Value Of Shares Determined By Statutory Methods Can't Be Rejected By Income Tax Department: Karnataka High Court

The Karnataka High Court stated that fair market value of shares determined by statutory methods can't be rejected by the income tax department. The Division Bench of Justices Krishna S Dixit and Ramachandra D. Huddar was addressing a case where the revenue has challenged the order passed by the Tribunal where the Tribunal held that the valuation report on DCF Method produced...

Karnataka High Court Weekly Roundup: March 10 To March 16, 2025

Citation No: 2025 LiveLaw (Kar) 94 to 2025 LiveLaw (Kar) 104Nominal Index:Vinod Kumar M N AND Union of India & Others. 2025 LiveLaw (Kar) 94Devendra Bhatia AND State of Karnataka & Others. 2025 LiveLaw (Kar) 95B C Prasad & ANR AND The District Registrar And Deputy Commissioner of Stamps & Others. 2025 LiveLaw (Kar) 96Ismail Jabiulla & ANR AND State of Karnataka & ANR....

Raising Voice Against Public Servant Does Not Amount To Offence U/S 353 Of IPC: Karnataka High Court

The Karnataka High Court has quashed a criminal case registered against a home guard who was charged for raising his voice demanding certain documents from the hands of the complainant, a police constable. Justice M Nagaprasanna allowed the petition filed by Ramesh Karoshi, who was charged for offences punishable under section 353, 506 of the Indian Penal Code. It was alleged that the...

Karnataka High Court Stays Trial Court's Fresh Summons To Ex-CM BS Yediyurappa In POCSO Case

The Karnataka High Court on Friday stayed the order of cognizance and summons issued by a Bengaluru Court to former Chief Minister BS Yediyurappa and three other accused directing their presence before the Trial Court on March 15, in connection with a case registered under the POCSO Act.Justice Pradeep Singh Yerur passed the interim order while hearing a petition filed by Yediyurappa...