Tag: Karnataka HC

  • Karnataka HC allows Adiyogi statue inauguration, orders status quo on construction at site

    Karnataka HC allows Adiyogi statue inauguration, orders status quo on construction at site

    The High Court of Karnataka on Friday clarified that the order of status quo in regard to the activities of Isha Yoga Centre at Avalagurki village of Chikkaballapura district would not come in the way of unveiling the Adiyogi (Shiva) statue, scheduled for January 15, 2023. A division bench headed by Chief Justice Prasanna B Varale said this after accepting the undertaking of the Centre that it would not take up any activities of deforestation and construction in the meantime.

    The bench was hearing a PIL questioning the permission granted to purchase the land and alleged deforestation and construction activities.

    “We clarify that order dated January 11, 2023 would not come in the way of respondent 16 (Isha Yoga Centre) for the scheduled programme on January 15, 2023 and that respondent 16 would not take any activity of alleged deforestation and alleged construction is taken as undertaking to this court,” the bench said.

  • Karnataka HC rejects DK Shivakumar’s plea against CBI probe

    Karnataka HC rejects DK Shivakumar’s plea against CBI probe

    BENGALURU: The High Court of Karnataka on Thursday upheld the sanction granted by the state government to the Central Bureau of Investigation (CBI) to probe the alleged corruption charges against KPCC president DK Shivakumar.

    Justice K Natarajan passed the order while dismissing a petition filed by Shivakumar in 2020, questioning the permission given by the state government to the CBI to conduct a probe against him. The case involves inter-state investigation and huge benami transactions.

    The state government gave sanction to the CBI on September 25, 2019, to probe the case under Section 6 of the Delhi Special Police Establishment Act as the assets of the accused are outside Karnataka.

    The CBI contended that the accused has no right to choose or say which investigating agency should investigate him and consent under Section 6 of the Act does not require reasons to be passed while granting sanction.

  • Karnataka HC quashes govt notice on changes in birth Act

    Karnataka HC quashes govt notice on changes in birth Act

    BENGALURU: The Karnataka High Court quashed a notification by the state government to amend the Karnataka Registration of Births and Deaths Rules against the Registration of Births and Deaths Act to take away the powers of magistrates and to give them to assistant commissioners (sub-divisional magistrates).

    “The power conferred under the Act is neither quasi-judicial nor administrative, it is ‘judicial’. If Section 13 of the Act confers certain judicial powers upon a magistrate, it is trite that the Rules cannot take it away by going beyond or deviating from what is mandated under the Act… If the amendment Rule of 2022 is not obliterated, it would be permitting the tail to wag the dog”, said Justice M Nagaprasanna, quashing the notification dated July 18, 2022.

    Any birth or death not registered within one year shall be registered only on an order of a magistrate of the first class or a presidency magistrate under Section 13(3) of the Act and on payment of a late fee of Rs 10. The state government has brought an amendment to Rule 9, particularly to Rule 9 (3), by the July 18, 2022 notification, to give powers to assistant commissioners.