Gender cannot be a ground for bail when the alleged offence is grave in nature; Karnataka High Court dismisses bail petition
The Court was considering a bail petition wherein the petitioner was accused of murdering her husband.
Karnataka High Court
Karnataka High Court dismisses Twitter’s plea challenging MeiTY blocking orders; Slaps hefty cost of Rs. 50 Lakhs
Twitter had knocked the doors of the High Court after Ministry of Electronics and Information Technology issued its orders under S. 69-A of Information and Technology Act, 2000
“Took copyright for granted”: Karnataka HC refuses to quash copyright violation case against Congress leaders for using songs of KGF- Chapter 2 without permission
Tampering the source code without permission and freely playing the audio would undoubtedly amount to infringement of copyright of the complainant.
[Suicide] | Educational institutions must recognise the malady of harsh discipline so that lives of young souls can be saved: Karnataka HC
“Spare the rod and spoil the child” has metamorphosed into “spare the rod and teach the child”, said Karnataka HC while considering a quashment petition by the authorities of Karumbaiah Academy who were alleged to have been responsible for a student’s suicide.
Mere publication of Additional List does not create any right to be appointed in enlisted candidates’ favour: Supreme Court
The Supreme Court set aside the Karnataka High Court verdict wherein it was held that the State failed in its obligation to inform the respondent about the existence of the vacancy that has arisen.
Married woman cannot claim breach of promise to marry: Karnataka High Court
The Court pointed out that merely because the petitioner provided monetary help to the woman, it cannot be said that they are married. Since the woman was already married, there is no case of breach of promise to marry either.
Karnataka HC takes strict note of Magistrates’ callousness while permitting registration of FIRs in non-cognizable offences; Issues necessary guidelines
“Permitting registration of a FIR cannot be a frolicsome act on the part of the Magistrate” – The Court noted that callous attitude of Magistrates has given tremendous rise to huge litigations.
Non-consummation of marriage due to husband’s spiritual inclinations is cruelty under Hindu Marriage Act and not S. 498-A of IPC: Karnataka High Court
Noting the husband’s interest in watching videos by Sisters of Brahmakumari, which eventually led to non-consummation of his marriage, the Court was of the view that this situation does not fall under the scheme of S. 498-A, IPC.
Squeezing enemy’s testicles in a crowded village procession not an act done with intent to commit murder; Karnataka High Court modifies sentence
While hearing the appeal against conviction for attempt to murder, the Court stated that the accused’s actions fall under ‘causing grievous hurt’ rather than ‘attempt to murder’.
HIGH COURT JUNE 2023 WEEKLY ROUNDUP| Stories on Jeeva murder case; Look out circulars; M3M India PMLA Case; Modi-Adani love affair remark case; Uttarakhand Communal Tensions and more
A quick legal roundup to cover important stories from all High Courts this week.
[Relief for Samsung India] Karnataka HC quashes complaint on alleged violation of Legal Metrology Act and Packaged Commodities Rules
The Court was firmly of the view that the Inspector, Department of Legal Metrology had misinterpreted key provisions of Legal Metrology Act and Packaged Commodities Rules thereby vitiating the complaint with malafides.
Family Court can’t deny relief in cases of dissolution of marriage based on mutual consent, on the ground that spouses are living under same roof: Karnataka HC
The High Court was bewildered that such a flawed rationale was applied to deny relief to an estranged couple.
“Cannot chant ‘bail is rule, jail is exception’ like a slogan in every bail petition, especially for heinous offences under UAPA”: Karnataka High Court
The Court was deliberating over an appeal challenging the rejection of bail to the accused charged under IPC and UAPA for being actively involved with the ‘KG Halli Riots’ in Bengaluru.
Proceedings under S. 498-A IPC cannot be quashed simply because it was filed after receipt of divorce notice: Karnataka High Court
It was stated that decision of the co-ordinate Bench of the High Court in Naresh Gundyal v. State on same issue, defeats the very object of S. 498-A, IPC and Domestic Violence Act, 2005.
Government should either amend S. 377 IPC or bring in a new provision to make Necrophilia and sadism punishable with life imprisonment: Karnataka High Court
Holding that commission of rape on a woman’s dead body would not attract Ss. 375 and 377, Penal Code, 1860, the Court pointed out that its high time for the Central Government to consider amending S. 377 or introduce a specific provision to address necrophilia, sadism.
Karnataka High Court rejects Xiaomi Technology’s challenge to the constitutional validity of S. 37-A of FEMA
While Xiaomi’s petition was held to be maintainable on the fulcrum of Article 14, however, the impugned provision as per the High Court did not manifest any arbitrariness.
What happens when a wife files a dowry harassment case against her husband after receiving a divorce notice from him? Karnataka High Court answers
The Court was hearing a case where a wife had lodged a complaint alleging cruelty by her husband and in-laws, after a divorce petition had already been filed by the husband.
[Blinkit v. Blinkhit Trademark Infringement] | Karnataka HC sets aside temporary restraining injunction against Blinkit
The Court noted that the Trial Court made an error in allowing Blinkhit’s application for temporary injunction, without properly appreciating the available materials on record vis-à-vis the trademark’s usage and nature of the business carried out by the parties.
Read why Karnataka High Court denied bail to a Government Teacher accused under provisions of POCSO Act?
The Court strictly observed that in India, Gurus/teachers are considered akin to God and the Government Teacher’s perverse acts have created fear in the minds of the parents of minor girls students.
Karnataka High Court sets aside orders sanctioning prosecution of 3 persons alleged to have provided luxury amenities to Sasikala during her detention in jail
The State Government had issued the impugned orders to sanction prosecution against the petitioners under the provisions of Prevention of Corruption Act, 1988.