'Perjury A Heinous Crime, Complaints On It Shouldn't Be Deferred': Karnataka High Court
3 years, 6 months ago

'Perjury A Heinous Crime, Complaints On It Shouldn't Be Deferred': Karnataka High Court

Live Law  

The Karnataka High Court recently observed that consideration of complaints regarding perjury should not be deferred or delayed by courts. The observation was made by the court while hearing a petition filed by an estranged husband challenging an order passed by the trial court, rejecting his application seeking to initiate perjury proceedings against his wife. The court then reproduced the order of the trial court which recorded that, "If these IT Returns are taken into consideration, the respondent is having income and she is also earning income. The court opined, "When the Court below has recorded a specific finding as to the income of the respondent from the medical profession that too on the basis of undisputed IT Returns for the relevant period; when it has also recorded a specific finding that the respondent has suppressed the fact that she was earning income; that being the position, the application of petitioner for initiating action for the offence of perjury, could not have been turned down as being premature merely because the main matter is still pending; consideration of such an application has nothing to do with the outcome of the main matter at all." The court concluded by saying, "The reason assigned by the Court below for holding petitioner's subject application to be premature, is unsustainable to say the least; the view of the learned trial Judge that petitioner can move similar application subsequently offends sense of justice; applications of the kind need to be considered on merits at the earliest point of time so that a loud message goes to the unscrupulous section of the litigant public as to what would befall the perjuring parties."

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History of this topic

Karnataka High Court refuses to interfere with sanction granted for prosecuting three officials for ‘illegally’ favouring former Chief Secretary’s mother
3 weeks, 1 day ago

Karnataka High Court refuses to interfere with sanction granted for prosecuting three officials for ‘illegally’ favouring former Chief Secretary’s mother

The Hindu  

The High Court of Karnataka has refused to interfere with the sanction granted by the State government for prosecuting V. Shankar, former Deputy Commissioner of Bengaluru Urban district, and two others in a criminal case of alleged misconduct in official discharge of duties by favouring the mother of the then Chief Secretary in allegedly owning two acres of government land …

Imprisonment Of Husband Cannot Exceed One Month In Single Application Claiming Arrears Of Maintenance: Karnataka High Court
3 weeks, 1 day ago

Imprisonment Of Husband Cannot Exceed One Month In Single Application Claiming Arrears Of Maintenance: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed a subsequent order passed by the trial court sentencing a husband to suffer two more months civil imprisonment after he had already spent one month, on account of non-payment of maintenance to the wife. Justice Hemant Chandangoudar allowed the petition filed by one Chandrashekhar who had challenged the order sentencing him to undergo imprisonment …

Merely Paying Penalty For Wilful Delay In Filing Income Tax Returns Does Not Exonerate Assessee From Being Prosecuted: Karnataka High Court
1 month, 3 weeks ago

Merely Paying Penalty For Wilful Delay In Filing Income Tax Returns Does Not Exonerate Assessee From Being Prosecuted: Karnataka High Court

Live Law  

The Karnataka High Court has refused to quash prosecution initiated by the Income Tax Department against an assessee who had willfully failed to submit his income tax returns in time for the Assessment Years 2012- 13 to 2015-16 and thereby committed the alleged offence. It said, “Delay in filing of the income tax returns would not only result in payment …

Wife Cannot Be Charged With Extortion For Seeking, Being Granted Maintenance By A Competent Court: Karnataka High Court
1 month, 3 weeks ago

Wife Cannot Be Charged With Extortion For Seeking, Being Granted Maintenance By A Competent Court: Karnataka High Court

Live Law  

The Karnataka High Court has held that there cannot be an offence of extortion registered against the wife when she initiates proceedings for maintenance and the concerned Court grants maintenance amount to her. The bench said “In the considered view of the Court, there cannot be an offence of extortion when the wife initiates proceedings for maintenance and the concerned …

Tax Weekly Round-Up: January 20 - January 26, 2025
1 month, 3 weeks ago

Tax Weekly Round-Up: January 20 - January 26, 2025

Live Law  

SUPREME COURT Supreme Court Sets Aside Excise Duty Demand On Oil Marketing Companies For Inter-Supply Of Petroleum Products Case Title: Bharat Petroleum Corporation Ltd. versus Commissioner of Central Excise Nashik Commissionerate Case no. A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar said that the petition filed by BJP leader Ashwini Upadhyay was "badly drafted" and …

Karnataka High Court Stalls Framing Of Charge Against Prajwal Revanna In Alleged Sexual Assault Case Till January 16
Trending News
2 months, 2 weeks ago

Karnataka High Court Stalls Framing Of Charge Against Prajwal Revanna In Alleged Sexual Assault Case Till January 16

Live Law  

The Karnataka High Court on Thursday directed the trial court not to frame charges against former Member of Parliament, Prajwal Revanna who is accused in a case of rape and sexual assault, till January 16. Justice M Nagaprasanna has directed thus while hearing a petition filed by Revanna, questioning an order dated December 1, 2024 of the trial court rejecting …

Karnataka High Court Annual Digest 2024 [Part I]
3 months ago

Karnataka High Court Annual Digest 2024 [Part I]

Live Law  

Citation No: 2024 LiveLaw 1 to Citation No: 2024 LiveLaw 260 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. A division bench of Chief Justice Prasanna B Varale and …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
3 months, 2 weeks ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Appellate Authority Under POSH Act Can Stay Final Report Of Internal Complaints Committee Pending Final Decision: Karnataka High Court
4 months, 1 week ago

Appellate Authority Under POSH Act Can Stay Final Report Of Internal Complaints Committee Pending Final Decision: Karnataka High Court

Live Law  

The Karnataka High Court has held that there is no express bar under provisions of the Sexual Harassment of Women at Workplace Act, 2013 and Rules, for the appellate authority to consider an application for stay in appeal against the final report of the Internal Complaints Committee. A single judge bench of Justice S Sunil Dutt Yadav said “The appellate …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
6 months, 3 weeks ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
7 months, 3 weeks ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him
8 months, 3 weeks ago

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him

The Hindu  

In a rare instance, the High Court of Karnataka has given liberty to a 35-year-old man to initiate proceedings against his wife for malicious prosecution or proceedings under Section 211 of the Indian Penal Code for making the false charge of offences, including the offence of dowry harassment, against him. However, the court, from the records, found that the “documents …

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court
9 months ago

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court

Live Law  

The Karnataka High Court has quashed a notice issued by the State Bar Council to a 71-year-old Advocate pursuant to 'professional misconduct' allegations levelled against him by the opposite party in a suit, i.e. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Advocate Paras Jain, and said, “The complainant had no locus to file the …

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny
9 months, 3 weeks ago

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny

The Hindu  

The High Court of Karnataka directed the prison authorities to release a convict on parole for 30 days on the petition filed by his wife, who has complained that she has been deprived of her conjugal right to have progeny. She married him on April 11, 2023, after the court granted him parole for 15 days from April 5 to …

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court
9 months, 3 weeks ago

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed a petition filed by a husband questioning the interim maintenance granted to the estranged and minor child by the trial court. The petitioner under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining the wife and minor daughter.” The family court had ordered payment of interim maintenance …

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband
10 months ago

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband

Live Law  

The Karnataka High Court recently disposed of habeas corpus petition filed by a mother of a girl after the detenue girl informed the court that she has married and is staying with her Muslim husband in Kerala and does not intend to go back to her parents. A division bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik …

'Prima Facie Absurd': Gujarat High Court On Family Court Assessing Woman's Financial Status From Unverified Photos And Denying Maintenance
11 months ago

'Prima Facie Absurd': Gujarat High Court On Family Court Assessing Woman's Financial Status From Unverified Photos And Denying Maintenance

Live Law  

The Gujarat High Court has made prima facie observations against a Family Court order rejecting a deserted woman's application for maintenance under Section 125 CrPC on the basis of her financial status and alleged lavish lifestyle assessed from few unverified photographs. Justice JC Doshi presiding over the case observed, “Some strange findings are recorded by the learned Family Judge in …

Difficult To Assess Income Of Husband Working In Unorganized Sector, Courts Have To Do Small Guesswork In Maintenance Pleas: Gujarat HC
11 months, 3 weeks ago

Difficult To Assess Income Of Husband Working In Unorganized Sector, Courts Have To Do Small Guesswork In Maintenance Pleas: Gujarat HC

Live Law  

Stressing that it is difficult to assess the income of the self-employed husband working in the unorganized sector, the Gujarat High Court has observed that in such scenarios, the Family Courts have to take small guesswork to determine the husband's income. In this regard, the Court also referred to the Supreme Court's ruling in the case of Kiran Tomar vs …

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court
11 months, 3 weeks ago

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court

Live Law  

A single judge bench of the Karnataka High Court comprising of Justice K.S. The Respondent filed a Writ Petition before the Karnataka High Court against the order of the labour court. This time Labour Court confirmed the dismissal order passed by the disciplinary authority and held that the order was proportionate to the proved misconduct as the petitioner had secured …

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court
1 year ago

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, a daughter-in-law cannot lay a claim for maintenance against her parents-in-law. The petitioners argued that the learned Magistrate lacked jurisdiction to try the petition filed by the respondents herein under Section 125 of Cr.P.C., and sought for allowing the revision petition. So also minor children …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year, 1 month ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC
1 year, 1 month ago

Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC

Live Law  

The Karnataka High Court has held that merely because the appointing authority looked into a daughter's marital status to determine her dependency on deceased employee will not by itself amount to gender discrimination. A single judge bench of Justice Sachin Shankar Magadum clarified that the object of compassionate appointment is firmly rooted in addressing the immediate financial crisis faced by …

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]
1 year, 2 months ago

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]

Live Law  

Citations: 2024 LiveLaw 01 To 2024 LiveLaw 09 Nominal Index: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw 9 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. I …

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child
1 year, 3 months ago

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child

Live Law  

The Karnataka High Court has quashed the criminal case initiated against a man for offences punishable u/s 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, taking note of the survivor's plea that she and her child depended on him and the prosecution would not be in the interest of justice. She claimed that if the criminal …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Perjury | Not Every False Statement Made In Court Can Be Subject Matter Of Prosecution, Prima Facie Deliberate Intention Must: Karnataka High Court
1 year, 5 months ago

Perjury | Not Every False Statement Made In Court Can Be Subject Matter Of Prosecution, Prima Facie Deliberate Intention Must: Karnataka High Court

Live Law  

The Karnataka High Court has said that before directing initiation of perjury proceedings against a party for making false statements before the court, it must form an opinion on being satisfied that the person charged has intentionally given false evidence/statements and such formation of opinion must be on consideration of materials duly placed before it. Otherwise, time of the Court, …

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023
1 year, 6 months ago

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023

Live Law  

Nominal Index : Veerbhadra Gowda & ANR AND State of Karnataka & Others. 2023 LiveLaw 365 Judgments/Orders Land Earmarked For Village Cattle Can Be Diverted For Larger Public Purposes Like Waste Disposal Unit: Karnataka High Court Case Title: Veerbhadra Gowda & ANR AND State of Karnataka & Others Case No: WRIT PETITION NO. Therefore, the offence punishable under Section 498A …

Unexplained Delay In Filing Complaint Alleging Grave Offences U/S 354A IPC Fatal To Prosecution: Karnataka High Court
1 year, 6 months ago

Unexplained Delay In Filing Complaint Alleging Grave Offences U/S 354A IPC Fatal To Prosecution: Karnataka High Court

Live Law  

The Karnataka High Court has quashed a prosecution initiated by a woman alleging offences under Section 354A of IPC for having filed the complaint three years after the alleged incident took place. The delay in the peculiar facts of this case is fatal for the reason that the offences alleged are ones punishable under Sections 354A & 354B of the …

Karnataka High Court Sets Aside Condition Requiring Wife To Sponsor Husband's Travel From USA For His Cross-Examination In Matrimonial Case
1 year, 9 months ago

Karnataka High Court Sets Aside Condition Requiring Wife To Sponsor Husband's Travel From USA For His Cross-Examination In Matrimonial Case

Live Law  

The Karnataka High Court has set aside an order passed by Family Court allowing application made by the wife to cross-examine her husband subject to a condition that she would bear his travel expense of Rs 1.65 lakhs, from the USA to Bangalore. A single judge bench of Justice Krishna S Dixit allowed the petition filed by Sindhu Boregowda and …

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court
1 year, 11 months ago

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court

Live Law  

The Kerala High Court recently held that before initiating prosecution for perjury, the court must be convinced that it is expedient in the interest of justice to enquire into the offence. Sudha observed that : “in order to initiate prosecution for perjury, the Court must prima facie reach a conclusion that there has been a deliberate and conscious effort to …

Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts
2 years ago

Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts

Live Law  

The Karnataka High Court has issued directions to be followed by magistrate courts for disposal of applications being made by an aggrieved person under the Protection of Women from Domestic Violence Act, 2005, within 60 days from the date of its filing. Before issuing the directions the bench expressed “It becomes necessary for this Court to direct the Magistrates, to …

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made
2 years, 1 month ago

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made

Live Law  

The Karnataka High Court has quashed a criminal case where "omnibus allegations" of physical and mental harassment were made by a woman against her sister-in-law. A single judge bench of Justice Mohammad Nawaz allowed the petition filed by a woman who was chargesheeted along with other accused under sections 498-A, 323, 504 read with Section 149 IPC. The court said, …

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court
2 years, 1 month ago

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that an able bodied man has to take care of his wife and child even, by finding an avocation, if he has none. A single judge bench of Justice M Nagaprasanna made this observation while rejecting a petition filed by a husband questioning the order of the family court granting his estranged …

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act
2 years, 1 month ago

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act

Live Law  

The Karnataka High Court has issued directions to trial courts to follow a timeline, in deciding applications filed by estranged women seeking maintenance from their respective husbands under section 24 of the Hindu Marriage Act. The term “as far as possible” is being interpreted that the Court can pass orders even after six months in some cases, two years, three …

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment
2 years, 3 months ago

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment

Live Law  

The Karnataka Government has supported the prosecution of a husband in a case for marital rape. The State has filed an affidavit in the Supreme Court supporting a Karnataka High Court judgment which sustained the charges framed against a husband under Section 376 IPC for forcible sex with wife.In this connection, it is worthwhile to note that the Central Government …

Deserted Wife Entitled To Interim Maintenance Even If Divorce Petition Is Withdrawn: Karnataka High Court
2 years, 4 months ago

Deserted Wife Entitled To Interim Maintenance Even If Divorce Petition Is Withdrawn: Karnataka High Court

Live Law  

The Karnataka High Court has said that maintenance under Section 125 CrPC is a matter of right to a neglected wife, even in cases where she withdraws the petition seeking divorce. So long as the respondent remains a legally wedded wife of the petitioner and the fact that she has been deserted by the husband, interim maintenance is a matter …

'Marriage Dissolved, Chargesheet U/S 498A Without Any Substance': Karnataka HC Quashes Proceedings
2 years, 5 months ago

'Marriage Dissolved, Chargesheet U/S 498A Without Any Substance': Karnataka HC Quashes Proceedings

Live Law  

The Karnataka High Court while quashing a case registered by a woman against her ex-husband and in-laws under section 498-A said the charge sheet filed on the basis of omnibus and general allegations is without any substance. They returned to India in the year 2016 and during their stay in India, respondent No.2 was harassed by accused to bring dowry …

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court
2 years, 7 months ago

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a petitioner/accused would become entitled to all copies of the charge sheet material, denial of which would undoubtedly be contrary to the principle of fairness and result in an unfair trial. Mehta had questioned the order of Additional City Civil and Sessions Judge, Bengaluru, only partly allowing his application under Section 207 of …

Tax Cases Monthly Round-Up: June 2022
2 years, 8 months ago

Tax Cases Monthly Round-Up: June 2022

Live Law  

Direct Tax: Delhi High Court: Underreporting Of Income Due To Re-Computation Of Disallowance By The AO, Does Not Amount To Misreporting Of Income: Delhi High Court Case Title: Prem Brothers Infrastructure LLP. Notice Issued Under Section 148 Of The Income Tax Act Against ADeceased Assessee Is Invalid : Reiterates Delhi High Court Case Title: Davinder Singh Thapar versus Assistant Commissioner …

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place
2 years, 8 months ago

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place

Live Law  

The Karnataka High Court has dismissed a petition filed by a former Civil Judge, Junior Division questioning the order dated March 22, 2021 passed by the state government ordering compulsory retirement from service. In 2019, he was posted as Additional Civil Judge, JMFC, Virajpet and by a Notification dated June 22, 2019, he was placed in charge as Civil Judge …

Wife Levelling Unsubstantiated Allegations Of Husband Being Impotent Amounts To Cruelty: Karnataka High Court
2 years, 9 months ago

Wife Levelling Unsubstantiated Allegations Of Husband Being Impotent Amounts To Cruelty: Karnataka High Court

Live Law  

The Karnataka High Court has held that a wife calling her husband an impotent without legally substantiating the same by itself would amount to cruelty within the meaning of Section 13 of the Hindu Marriage Act. Hemalekha, while setting aside the family court judgment which had dismissed the petition filed by the husband seeking divorce, said, "The allegations having not …

'No Material Against Him': Karnataka High Court Quashes POCSO Case Against Bishop
2 years, 9 months ago

'No Material Against Him': Karnataka High Court Quashes POCSO Case Against Bishop

Live Law  

The Karnataka High Court recently quashed the proceedings initiated by a Sessions Court against Reverend Prasanna Kumar Samuel under the Protection of Children from Sexual Offences Act 2012. A single judge bench of Justice Hemant Chandangoudar while setting aside the summons, said, "The charge sheet material does not disclose that the petitioner has committed the aforesaid offences and also the …

Going Back On Promise To Marry Not Cheating But Failure To Repay Loan Will Attract S.420 IPC: Karnataka High Court On Film Director's Plea
2 years, 10 months ago

Going Back On Promise To Marry Not Cheating But Failure To Repay Loan Will Attract S.420 IPC: Karnataka High Court On Film Director's Plea

Live Law  

In a cheating case instituted by a woman against film director Stanley Joseph, the Karnataka High Court has said that though going back on a promise to marry will not amount to cheating in this case, but obtaining a loan and not repaying the same will amount to criminal intention to cheating, attracting Section 420 of IPC. A single judge …

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court
2 years, 10 months ago

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that a wife cannot be denied maintenance on the grounds of being well-educated and that a husband is legally and morally responsible to look after his wife and childrenThe Bench of Justice Rajesh Bhardwaj observed thus in a petition filed by a husband challenging an order of the Principal Judge, directing him …

Husband's Extra-Marital Partner Can't Be Made Respondent In Domestic Violence Act Proceedings : Karnataka High Court
3 years, 8 months ago

Husband's Extra-Marital Partner Can't Be Made Respondent In Domestic Violence Act Proceedings : Karnataka High Court

Live Law  

The Karnataka High Court has held that a wife cannot make the woman with whom her husband is having an illegal relationship as a respondent in the application made by her under Section 12, of the Domestic Violence Act. A single bench of Justice Sreenivas Harish Kumar said "Section 2 of the Act makes it clear that only those persons …

"Serious Allegations ": Karnataka High Court Vacates Stay, Orders Thorough Investigation Against Karnataka CM BS Yediyurappa in 'Operation Kamala' case
3 years, 11 months ago

"Serious Allegations ": Karnataka High Court Vacates Stay, Orders Thorough Investigation Against Karnataka CM BS Yediyurappa in 'Operation Kamala' case

Live Law  

In a set back to Chief Minister B.S. Yediyurappa, the Karnataka High Court vacated the stay granted on investigation and ordered a thorough probe to be conducted in the First Information Report in which he is accused of trying to woo JD MLA Naganagouda Kandkur's son Sharanagouda with promise of money and Ministry in 2019 "As the uncontroverted allegations made …

Karnataka High Court Quashes Special Judge Order Referring Corruption Complaint Against Minister CT Ravi To ACB
4 years, 4 months ago

Karnataka High Court Quashes Special Judge Order Referring Corruption Complaint Against Minister CT Ravi To ACB

Live Law  

The Karnataka High Court has partly allowed a petition filed by Minister C.T. Justice John Michael Cunha quashed and set aside the order dated October 6, 2016, issued by the Special Court under the Prevention of Corruption Act, referring the complaint made before it under Sections 13 read with 13 of the Act, to the Superintendent of Police, Anti-Corruption Bureau, …

Karnataka HC Refuses To Quash Corruption Case Against Former CM H D Kumarswamy [Read Order]
4 years, 5 months ago

Karnataka HC Refuses To Quash Corruption Case Against Former CM H D Kumarswamy [Read Order]

Live Law  

The Karnataka High Court has refused to quash a criminal case registered against former Chief Minister, H D Kumarswamy, alleging that he denotified two different plots of land acquired by the Bangalore Development Authority, during his tenure as Chief Minister between June 2006 and October 2007, for pecuniary gains. Prosecution argued: Special Public Prosecutor Venkatesh S. Arbatti, submitted that all …

Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC [Read Judgment]
4 years, 5 months ago

Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has convicted a woman under section 500 of Indian Penal Code on the finding that the statements made by her against her husband before the Family Court in a matrimonial case amounted to 'criminal defamation'. The Court held that pleadings filed in court and depositions made in the case amount to 'publication' within the meaning of …

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