#Karnataka High Court.

[seemabhatnagar]

"Teacher's Plea to Quash FIR Under POCSO Act Rejected: Court Emphasizes Need for Thorough Investigation"

The High Court dismissed the petition praying for the quashing of the FIR.

The Court noted that the complaint is more than horrendous, for the reason that the petitioner is a teacher; being a teacher it is indecorous on the part of the petitioner to have allegedly shot the videos and taken pictures of girl children at the time when they are changing their dress, the alleged offence is unpardonable, albeit prima facie. If this cannot become a crime, it is ununderstandable as to what else can be. It is for the petitioner to come out clean in a full blown trial, as any entertainment of the petition at this juncture, at the stage of registration of crime, would be putting a premium on the illegal activities of the petitioner/ teacher.

Background:

Muniyappa was employed as a drawing teacher at Morarji Desai Residential School. On December 15, 2023, the Joint Director of the Social Welfare Department received a complaint through the control room, alleging that Muniyappa had recorded videos and taken photographs of minor girls at the school while they were changing clothes. This led to the registration of FIR No. 209/2023 under Section 12 of the Protection of Children from Sexual Offences (POCSO) Act by the Masthi Police Station.

Legal Issue

Whether the FIR against Muniyappa under Section 12 of the POCSO Act should be quashed on the grounds of procedural irregularities and alleged malice.

Argument of the Parties

Petitioner's Argument

The investigation began unlawfully before the FIR was registered, violating legal procedures.

The complaint was motivated by personal vendetta because Muniyappa had earlier reported the misuse of school children for cleaning water and sewerage tanks.

The complaint contained corrections, indicating that it was fabricated to malign Muniyappa.

Respondents (State of Karnataka and the Joint Director, Social Welfare Department):

Muniyappa's actions constituted a clear offense under Section 12 of the POCSO Act.

The evidence, including videos and photographs on the seized mobile phones, confirmed the allegations.

The Petitioner-Muniyappa was not cooperating with the investigation, as he refused to unlock one of his mobile phones, which likely contained incriminating evidence.

Muniyappa recorded inappropriate videos and took photographs of the girls, which was substantiated by evidence from his mobile devices.

Court's Observation

The court noted the procedural concerns raised by Muniyappa but emphasized the seriousness of the allegations under the POCSO Act and the need for a thorough investigation to determine the truth.

It examined the sequence of events, including the timing of the complaint, the seizure of the mobile phones, and the registration of the FIR. The court considered the arguments regarding the tampering of the complaint and the handling of electronic evidence.

The court was cautious in considering the petitioner's argument about the complaint being fabricated, given the sensitive nature of the allegations involving minor students.

[stark-reading-mad]

It's me and my little notebook against the edifice of legal procedure

[rightnewshindi]

महिला ने पति के खिलाफ दर्ज करवाई अजीबोगरीब शिकायत, हाई कोर्ट ने बताया तुच्छ मामला और कानून का दुरुपयोग

Bengaluru News: भारत में इस समय अतुल सुभाष सुसाइड केस सुर्खियों में है। महिला कानूनों को जिस बेदर्दी से गलत इस्तेमाल हो रहा है, ये केस उसकी बानगी मात्र है। देश में हजारों- लाखों शादीशुदा महिलाओं ने अपने पति और ससुराल वालों पर दहेज और घरेलू हिंसा के झूठे केस दर्ज कराए हुए हैं। ऐसा ही एक मामला कोर्ट के सामने आया, जिस पर हाईकोर्ट ने तल्ख टिप्पणी करते हुए शिकायतकर्ता महिला की क्लास लगा दी। इसे तुच्छ…

[jaagrukbharat]

Appeal Claiming 6 Lakhs In Maintenance From Husband Dismissed By Karnataka High Court

The Karnataka High Court recently heard an appeal arising out of a matrimonial dispute. The wife, who was the appellant in the present case demanded Rs 6 lakhs as monthly maintenance to maintain the living standards that she was used to in her matrimonial home.

Justice Lalitha Kanneganti, who was hearing the case, dismissed the appeal on the grounds of lack of reasonable justification for such a huge amount. The Judge also asked for more real and concrete details of her actual expenses.

[thetaxguyin]

Landmark Decision by Karnataka High Court: Exclusion of Time Spent in Filing Appeal Before Wrong Authority

In a significant ruling, the Hon’ble Karnataka High Court delivered a verdict in the case of Sree Krishna Hot Dip Galvanizers v. State of Karnataka [Writ Petition No. 25648 of 2023 dated January 16, 2024], shedding light on the exclusion of time spent in preferring an appeal before the wrong authority while computing the limitation period. Key Facts: Sree Krishna Hot Dip Galvanizers (“the…

[kdsheladiya-blog]

Trial Court Can Exercise Power U/S 216 CrPC Suo Motu; Application By Prosecution/Accused To Alter Charges Not Maintainable: Karnataka HC

The Karnataka High Court held that only a trial Court can suo moto exercise power under Section 216 Cr.P.C and it cannot be exercised at the instance of an accused or the prosecution. The prosecution had filed an application under Section 216 Cr.P.C. to alter the charge against the accused from Section 304 Part II IPC to Section 304A IPC “at the fag end of the trial.” The said application was…

[udyogadeepa]

ಕರ್ನಾಟಕ ಹೈ ಕೋರ್ಟ್‌ ನೇಮಕಾತಿ | High Court Of Karnataka Recruitment 2023

ಹಲೋ ಸ್ನೇಹಿತರೆ, ಇಂದಿನ ಉದ್ಯೋಗ ಮಾಹಿತಿಗೆ ಎಲ್ಲರಿಗೂ ಸ್ವಾಗತ, ಕರ್ನಾಟಕ ಹೈ ಕೋರ್ಟ್‌ ನಲ್ಲಿ ಖಾಲಿ ಇರುವ ಹುದ್ದೆಗಳ ಭರ್ತಿಗೆ ಅರ್ಜಿಯನ್ನು ಆಹ್ವಾನಿಸಿದ್ದು, ಸರ್ಕಾರಿ ಹುದ್ದೆ ಹುಡುಕುತೀರುವವರಿಗೆ ಉತ್ತಮ ಅವಕಾಶವಾಗಿದೆ, ಈ ಹುದ್ದೆಗಳಲ್ಲಿ ಆಸಕ್ತಿ ಹೊಂದಿರುವ ಹಾಗೂ ಈ ನೇಮಕಾತಿಗೆ ಬೇಕಾದ ವಿದ್ಯಾರ್ಹತೆ, ವಯೋಮಿತಿ, ಅರ್ಜಿಶುಲ್ಕ ಹಾಗೂ ಇನ್ನು ಹಲವು ಮಾಹಿತಿಯನ್ನು ಅಧಿಸೂಚನೆಯಲ್ಲಿ ನೀಡಲಾಗಿದೆ ಅರ್ಜಿಸಲ್ಲಿಸುವ ಅಭ್ಯರ್ಥಿಗಳು ಸಂಪೂರ್ಣವಾಗಿ ಓದಿ ಅರ್ಜಿಸಲ್ಲಿಸಿ. ಹುದ್ದೆಯ ಹೆಸರು:…

[theancienttimesnews]

Courts should dispose of petitions for dissolution of marriage within a year: Karnataka High Court

Courts should make every effort to dispose of cases praying for dissolution of marriage within a maximum timeframe of one year, the Karnataka High Court recently said. [N Rajeev v. C Deepa] “When a matrimonial case involves the prayer for the dissolution/nullity of marriage, courts should make all efforts to try & dispose off the same within an outer limit of one year, so that in the event of…

[revenuefacts]

https://revenuefacts.com/sexual-assault-on-womans-dead-body-is-not-rape-karnataka-high-court-2/

[frithwontdie]

[seemabhatnagar]

"Specific Performance Denied: Supreme Court Upholds Plaintiff’s Failure to Prove Readiness and Willingness"

In a suit filed for #SpecificPerformanceoftheContract, #plaintiff is obliged not only to make #specificstatements and averments in the #plaint but is also obliged to #adducenecessary #oral and #documentaryevidence to show the #availabilityoffunds to make #payment in #terms of the #contract in #time. ➡️The *Case I am sharing today relates to a suit for the specific performance of a contract based on an agreement of sale entered on March 3, 2005, for a property with a total sale consideration of ₹30,00,000. → The petitioner-R Shama paid ₹12,50,000 as earnest money when executing the agreement. → The petitioner alleged readiness and willingness to perform their part of the contract, while the respondent-G Srinivasiah refused to execute the sale deed. → The petitioner filed a Civil suit for specific performance of the contract against the Defendant which was allowed by the Trial Court. → Against the trial court's decision, Defendant filed First Appeal before the Karnataka High Court and the High Court allowed the Appeal and set aside the order of the Trial Court holding that the petitioner failed to establish readiness and willingness to perform the contract. → Feeling Aggrieved the plaintiff is before the Supreme Court challenging the order of the High Court.

➡️The primary legal issue in this case was whether the petitioner demonstrated readiness and willingness to perform their part of the contract as required under Section 16(c) of the Specific Relief Act, 1963 (prior to the 2018 amendment). → Whether the High Court was correct in overturning the trial court's decree of specific performance. ➡️The petitioner contended that they were always ready and willing to perform their contractual obligations. → Claimed that the defendant's refusal to execute the sale deed was unjustified. ➡️The defendants argued that the petitioner failed to establish readiness and willingness. → Asserted that the trial court's judgment was flawed and contrary to the evidence. ➡️The Apex Court observed → Specific Performance, under Section 16(c,) cannot be granted if the plaintiff fails to aver and prove readiness and willingness. → The distinction between readiness (financial capacity) and willingness (conduct) was emphasized. →The High Court's finding that the plaintiff did not establish readiness and willingness was upheld as the finding of fact, which was not perverse or erroneous. → The plaintiff's conduct and evidence did not convincingly demonstrate readiness and willingness to perform their contractual obligations. → The High Court's appreciation of evidence was sound and based on legal principles. ➡️The Supreme Court dismissed the petition, reiterating the critical importance of proving readiness and willingness in specific performance suits under the Specific Relief Act. *Case R Shama Naik v. G Srinivasiah Before the Supreme Court of India SLP(Civil)13933/2021 Heard by Hon'ble Mr. Justice J B Pardiwala J & Hon'ble Mr. Justice R Mahadevan J

[stark-reading-mad]

In the High Court of Karnataka, Dharwad Bench

Where time moves like honey

[rightnewshindi]

मस्जिद में जय श्री राम के नारे लगाना 295ए के तहत अपराध नहीं, कर्नाटक हाई कोर्ट ने रद्द किया मामला

मस्जिद में जय श्री राम के नारे लगाना 295ए के तहत अपराध नहीं, कर्नाटक हाई कोर्ट ने रद्द किया मामला #News #NewsUpdate #newsfeed #newsbreakapp

Karnataka News: कर्नाटक हाईकोर्ट ने मस्जिद के अंदर ‘जय श्री राम’ के नारे लगाने के आरोप में दो लोगों के खिलाफ दर्ज आपराधिक मामले को खारिज कर दिया। कोर्ट ने कहा कि इससे किसी भी वर्ग की धार्मिक भावनाओं को ठेस नहीं पहुंची है। आपको बता दें कि कोर्ट का यह यह आदेश पिछले महीने पारित किया गया था। मंगलवार को वेबसाइट पर अपलोड किया गया। शिकायत के अनुसार, दक्षिण कन्नड़ जिले के दो लोग पिछले साल सितंबर में एक…

[mostlysignssomeportents]

This day in history

Today (May 20) at 3:15PM, I’ll be at the GAITHERSBURG Book Festival with my novel Red Team Blues; then on Monday (May 22), I’m keynoting Public Knowledge’s Emerging Tech conference in DC.

On Tuesday (May 23), I’ll be in TORONTO for a book launch that’s part of WEPFest, a benefit for the West End Phoenix, onstage with Dave Bidini (The Rheostatics), Ron Diebert (Citizen Lab) and the whistleblower Dr Nancy Olivieri.

#20yrsago William Gibson on the future of media https://web.archive.org/web/20030503081410/www.williamgibsonbooks.com/archive/2003_05_01_archive.asp

#15yrsago We need a privacy bill of rights https://www.wired.com/2008/05/securitymatters-0515/

#15yrsago Steamy tell-all memoir by a Disneyland “Jack Sparrow” https://web.archive.org/web/20080525200648/https://www.lamag.com/featuredarticle.aspx/?id=7016

#15yrsago Oregon to hold hearings on whether its laws are copyrighted https://public.resource.org/oregon/

#15yrsago China’s surveillance state https://web.archive.org/web/20080517165418/https://www.rollingstone.com/politics/story/20797485/chinas_allseeing_eye/print

#10yrsago Unknown mathematician makes historical breakthrough in prime theory https://www.wired.com/2013/05/twin-primes/

#10yrsago What UK education czar Michael Gove doesn’t understand about creativity https://www.theguardian.com/commentisfree/2013/may/17/to-encourage-creativity-mr-gove-understand

#10yrsago Accused identity thief nailed by food-porn Instagram photo https://www.techdirt.com/2013/05/20/criminal-nabbed-his-own-food-porn/

#10yrsago Utah wants to tax power consumed by the NSA’s massive, illegal data-processing facility https://archive.sltrib.com/article.php?id=56304956&itype=CMSID

#10yrsago Book review: information security for lawyers https://books.slashdot.org/story/13/05/20/1313205/book-review-locked-down-information-security-for-lawyers

#10yrsago When America issued dogtags to kids to help identify their nuke-blasted corpses https://gizmodo.com/that-time-american-school-kids-were-given-dog-tags-beca-508802138

#10yrsago Whatever happened to crack babies? https://web.archive.org/web/20130904231440/https://www.retroreport.org/crack-babies-a-tale-from-the-drug-wars/

#10yrsago Internet of Things and surveillance https://www.schneier.com/blog/archives/2013/05/the_eyes_and_ea.html

#10yrsago Profile of math-inspired 3D printing sculptor Bathsheba Grossman https://www.shapeways.com/blog/archives/2075-designer-spotlight-bathsheba-grossman-2.html

#5yrsago Explaining marine invertebrate reproductive strategies to the lobster-obsessed Jordan Peterson https://twitter.com/baileys/status/997646354414522368

#5yrsago Supreme Court rules that employers can make signing away your right to sue them in a class a condition of employment https://www.cnn.com/2018/05/21/politics/supreme-court-nlra-arbitration-gorsuch/index.html

#5yrsago New York high school will use CCTV and facial recognition to enforce discipline https://web.archive.org/web/20180521033340/http://uschnews.com/lockport-schools-turn-to-state-of-the-art-technology-to-beef-up-security-the-buffalo-news/

#5yrsago High school students who will not smile in the hallways are sent to mandatory counselling, while bullying is rampant https://www.ldnews.com/story/news/local/2018/05/15/n-lebanon-students-told-smile-while-bullying-gets-ignored/606180002/

#5yrsago The Vatican dunks on the finance industry and its “amoral culture” https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2018/05/17/180517a.html

#5yrsago Ahead of national elections, India’s authoritarian ruling party loses a key regional battle https://web.archive.org/web/20180520035216/http://www.atimes.com/article/huge-setback-for-modi-as-bjp-fails-floor-test-in-karnataka/

#5yrsago Britain’s hardline prohibitionist drugs minister is married to a weed grower https://www.independent.co.uk/news/uk/politics/drugs-minister-victoria-atkins-hypocrisy-cannabis-paul-kenward-british-sugar-a8356056.html

#5yrsago App that let parents spy on teens stored thousands of kids’ Apple ID passwords and usernames on an unsecured server https://www.zdnet.com/article/teen-phone-monitoring-app-leaks-thousands-of-users-data/

Catch me on tour with Red Team Blues in Toronto, DC, Gaithersburg, Oxford, Hay, Manchester, Nottingham, London, and Berlin!

[gamixlabs]

Did you know about the recent groundbreaking ruling by the Karnataka High Court regarding Rummy?

Karnataka High Court has declared that Rummy is not gambling, regardless of whether it is played with stakes or without! Isn't that absolutely fascinating? The ruling came after the court quashed a show-cause notice issued to the online gaming platform Gameskraft by GST authority.

This ruling highlights the fact that Rummy is primarily a game of skill and decision-making rather than pure chance. Such a ruling could have far-reaching implications for the classification of similar card games.

What do you think about this ruling, and how will it improve Casino gaming experience in India?

Share your opinions with us in the comments below!

#rummydevelopment #gamixlabs #gamedevelopment #gameskraft #HCruling #GST

[masr356]

Kerala: Breaking the taboo around 'living wills' in India | masr356.com

So he went to court and it resulted in the Maharashtra government appointing about 400 officials across local bodies in the state to serve as custodians of living wills. In June, Goa state implemented the Supreme Court’s orders, external around living wills and a high court judge became the first person in the state to register one. On Saturday, Karnataka state ordered, external district health…