Latest news with #HighCourtofKarnataka
The Hindu
5 hours ago
- Business
- The Hindu
No further action of minimum wage revision till discussions held with industries, government assures Karnataka High Court
The State government has promised the High Court of Karnataka that no further action would be taken on the proposed draft notifications, issued in April 2025, for revision of minimum wages across 80 scheduled employments, unless meetings/discussions are held with representatives of the industry concerned. An undertaking in this regard was given by the government advocate before a Bench of Justice Anant Ramanath Hegde on June 30, during the hearing on a petition filed by Nanjappa Hospitals, Shivamogga-Davangere. The petitioner-hospitals have questioned the April 11 and 19 notifications issued by the Labour Department proposing revision of minimum wages. However, the court said that the petitioners are at liberty to move the court to seek appropriate relief if the notifications are sought to be implemented during the pendency of the petition. It was argued on behalf of the petitioners that the proposal to fix uniform wages irrespective of the industry and irrespective of the region is contrary to the object of Minimum Wages Act, 1948 while pointing out that the government is yet to convene a meeting with the industries to discuss the proposal even though the petitioners have already filed their objections to the proposed revision. Meanwhile, the Karnataka Employers' Association has claimed that the steep increase proposed in the minimum wages would deal a crippling blow to the business as a whole and to the employers as rates proposed in the draft notifications are 40% to 60% higher than the previous hike and thereby making these rates highest in the country.
News18
8 hours ago
- News18
Court To Perceive Things Not Visible To Naked Eyes In Child Custody Matters: SC
Last Updated: The Supreme Court dismissed a mother's plea against Karnataka High Court's order for inpatient evaluation of her child at NIMHANS due to offensive behavior towards the father. The Supreme Court has said that in child custody matters, courts, while exercising parens patriae jurisdiction, are oftener than ever faced with the problem of the parent having custody using the child as a tool to settle scores arising from marital disputes. So, the courts must perceive things that are not visible to the naked eye, read between the lines, and separate the grain of truth from the chaff of rancour, animosity, and bitterness resulting from an estranged relationship, it added. A bench of Justices Ujjal Bhuyan and K. Vinod Chandran dismissed a plea by a mother against the Karnataka High Court's order allowing inpatient evaluation of a minor girl child at NIMHANS, Bengaluru, since she displayed offensive behaviour towards the father. The court directed the District Child Protection Officer, along with the child's mother, to produce her before NIMHANS on July 4, 2025, at 11:30 AM. After the admission of the child for her independent evaluation, the doctors-in-attendance would take a decision regarding the stay of the mother with the child and/or her visitation during the course of the child's evaluation at NIMHANS. Likewise, the court further clarified, the doctors-in-attendance would also take a decision regarding visitation by the father on such dates, times, and frequency during the period of evaluation of the child at NIMHANS. A decision would also be taken regarding the visit of the District Child Protection Officer. 'On completion of the evaluation exercise, NIMHANS shall furnish a report to the Registrar (Judicial) of the High Court of Karnataka in a sealed cover. Post evaluation, NIMHANS shall permit continuation of the custody of the child with the mother as previously ordered by the Court, with visitation facility for the father depending upon their evaluation, till such time as the matter is listed before the High Court of Karnataka," the bench said. This is an unfortunate case where it appears to us that a minor child is caught in the web of matrimonial tussle between her parents. Prima facie, it appears to us that the mother has obstinately deprived the father of the company of their minor child, overreaching orders issued by the High Court of Karnataka and thus also interfering with the due exercise of parens patriae jurisdiction, the bench said. The matter concerned a Guardian and Wards case filed by the father seeking custody of his minor daughter, born in wedlock with the petitioner herein. Their marriage took place in 2011, and the daughter was born in 2014, after which the wife is said to have left the matrimonial home in 2021. An FIR was registered by the wife under Section 498A of the Indian Penal Code, 1860, and in the G & W case filed by the father—the respondent herein—the child was placed under the custody of the mother, with visitation rights every fortnight between 9 AM and 11 AM under the strict supervision of the respondent mother. The father was also permitted to interact with the child via video conferencing once a week, again under the strict supervision of the mother. The interim order was to continue till the disposal of the case. The father sought modification of the interim order, seeking unsupervised overnight cohabitation for the weekends and for 50% of school holidays. The High Court had considered the age of the child, the requirement for the company of both parents, and the need for her overall development, which would be possible only with the fruitful association of both parents and their families. It allowed the father to have interim custody for half of the summer vacations of the child. The mother was directed to produce the child before the Registrar (Judicial) on April 6, 2025, which was not complied with. When the matter came up again on April 8, 2025, the mother was directed to ensure the presence of the child on April 9, 2025, at 2:35 PM, failing which coercive measures were threatened. The mother refused to comply with the order, and the counsel on record feigned ignorance of the whereabouts of the mother and the child. The court directed an inquiry to be conducted by the Commissioner of Police and restrained the duo from leaving the jurisdiction of the court. The mother approached the apex court and, on mutual agreement, the child was directed to be brought to the High Court on April 21, 22, and 23, 2025, at 11 AM, to enable the father to have custody till 6 PM on the first two days. On April 23, it was further directed by this court that the child, on production, would be handed over to the father for two days, and the father was also directed to hand over the child back through the Registrar (Judicial) on April 25, 2025. On April 22, 2025, when the child was produced, she is said to have refused to even look at the father. The child displayed reluctance and, in an offensive display, asserted that she is not an object and cannot be compelled to meet the father. Based on the report of the Registrar (Judicial), the court opined that the behaviour of the child was a result of parental alienation and tutoring by the custodial parent. The court, in the interest of the child, directed the child to be again produced on April 26, 2025, at 11 AM before the Registrar (Judicial) to enable joint counselling of the father and daughter, with permission granted to the mother to participate in the counselling session if she desired. Undaunted, the mother refused and produced a certificate from a doctor in a private hospital certifying that the child had disturbed sleep, anger outbursts, irritability, low mood, loss of pleasure and interest, and so on. It was opined that this was due to her participation in the court proceedings and the fear of being taken away from the mother. Based also on the certificate produced by the mother, the child was directed to be examined at the National Institute of Mental Health and Neurosciences (NIMHANS) on three consecutive days in the presence of the mother, with the District Child Protection Officer directed to accompany them. The mother failed to comply with the said order too, and it was reported that she, along with her child, had left for Delhi. The Commissioner of Police, Bengaluru, was directed to produce the mother and the daughter on May 2, 2025, on which date it was informed that a team of officers was in Delhi, since the mother and the child were found to be in the vicinity of the Supreme Court of India. A review petition filed against the earlier order of this court was dismissed, and the bailable warrants issued by the High Court were directed to not be executed, based on the undertaking of the mother to appear before the High Court. It was then that the evaluation was done by NIMHANS. Mental status evaluation was done on May 5, 6, and 7, 2025, and the report filed sought an inpatient evaluation of the child for four to six weeks. The High Court then directed NIMHANS to furnish a detailed reasoning for such inpatient evaluation. The report dated May 22, 2025, filed by NIMHANS was produced before the court, and after hearing both parties and interactions with both counsel as to how best the issue could be resolved, the court directed the District Child Protection Officer to take the child, along with the mother, on June 15, 2025, at 11:30 AM to NIMHANS for admission, and directed the hospital to ensure that the minor child is kept in an environment where she is comfortable and away from the other patients. It was this order which has been challenged before the apex court. 'We have detailed the facts regarding the various orders passed and their non-compliance only to highlight the adamant attitude displayed by the mother in somehow depriving the father of the company of the minor child," the bench said. The court noted the High Court found that the offensive manner in which the child responded before the Registrar (Judicial) could possibly be the result of tutoring, effectively poisoning the mind of the child against the father. 'In the exercise of parens patriae jurisdiction, courts are often attempted to be misled by vicious accusations made by the spouses against each other. The judicial mind must rise above such accusations, which are motivated by resentment resulting from a troubled marriage, and keep in mind the paramount consideration — which is the welfare of the child — always ideally served by the company of both parents and their families," the bench said. However, when disputes arise between the parents and the hatred emanating from the troubled relationship clouds their minds, and the custodial parent uses the child as a tool to avenge the perceived injustices meted out by the other, then the court steps in, in the interest of the child, the bench added. The court noted that the High Court, despite being faced with consistent disobedience of the orders passed, behaved with utmost restraint and always tried to ensure the welfare of the child, while also allaying the anxieties of the mother by enabling participation in the reconciliation process attempted between the child and the father. 'The conduct of the mother, however, reveals that she is against any such reconciliation, and the challenge against the order for an independent evaluation by NIMHANS is also motivated by the animosity against her husband," the bench said. The bench emphasised that the inpatient admission in NIMHANS, a premier institute of mental health, is neither for the treatment of the child nor is there any finding by the court of any mental illness. top videos View all 'In fact, the medical certificate produced by the mother itself indicates that the child is under stress and has anxiety problems, more due to the estranged relationship of her parents. The fear of being removed from the company of the mother, though probable, is to be allayed — and also to find out the cause of her anger against her father — that the inpatient evaluation is suggested," the bench said, referring to the report by NIMHANS relied on by the High Court. Rejecting the opposition by the mother, the bench said there was a larger purpose involved in attempting reconciliation with her father and in finding out the mind of the child through such independent evaluation, which would be in the best interest of her overall development. About the Author Sanya Talwar Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over four years, she discovered her affinity for legal journalism. She has worked More Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated! Location : New Delhi, India, India First Published: July 02, 2025, 21:24 IST News india Court To Perceive Things Not Visible To Naked Eyes In Child Custody Matters: SC
The Hindu
2 days ago
- Health
- The Hindu
Karnataka HC orders BBMP, govt. to clear ₹10.41 crore COVID dues to private health centres pending since 2022
The High Court of Karnataka has directed the State government and the Bruhat Bangalore Mahanagara Palike (BBMP) to pay ₹10.41 crore to two private health establishments towards the pending dues to them for providing COVID-19 testing facilities way back during 2020-2022. Two petitions Justice S.R. Krishna Kumar issued the directions while allowing the separate petitions filed by BGS Global Institute of Medical Sciences, Kengeri and Vijayalakshmi Diagnostics Pvt Ltd (VDPL), Nagarbhavi. BGS had sought directions for release of ₹4.53 crore and VDPL had sought release of ₹5.88 crore while pointing out that the authorities, though have admitted payment due to the petitioners, had said that they were unable to release the remaining amount due to pendency of enquiry before a One-Man Commission of Inquiry into the irregularities occurred during COVID-19 pandemic between 2020 and 2023. The petitioners have said that the payment of the remaining amount is pending since 2022. The BBMP had told the court that it had sought permission from the commission of inquiry to release around ₹44 crore to various establishments towards the balance amount due for providing various health services during COVID-19, but the commission had rejected their request pending inquiry. Not under inquiry However, the court said that non-payment of dues in relation to RT-PCR tests conducted by the petitioners was not the subject matter of the inquiry before the commission. 'It is clear that in the light of the undisputed/admitted fact that the BBMP had not paid the legitimate dues payable to the petitioners, in the absence of any material to show any kind of nexus or connection whatsoever between the liability of the BBMP and the inquiry commission, it cannot be said that the BBMP was not liable to pay/clear the legitimate dues payable to the petitioners,' the court said while directing release of the amount to the petitioners within six weeks.
The Hindu
2 days ago
- Politics
- The Hindu
Lokayukta police seek nod from Karnataka High Court to continue probe into case of extorting money from public servants citing possibility of raids
The Lokayukta police on Monday sought permission from the High Court of Karnataka to continue investigation into the case of its sleuths allegedly blackmailing several public servants with the threat of possible raids. The public are 'losing faith in the anti-corruption action of the Lokayukta police wing and are writing letters raising questions about its integrity' owing to recent allegations of extortion of crores. The continuation of the investigation, which has been stayed by the court, was needed, it was argued on behalf of the Lokayukta police. The submissions were made before a Bench of Justice S.R. Krishna Kumar during the hearing on a petition filed by IPS officer Srinath Joshi M., who was till recently serving in the Lokayukta police, regarding the notice issued to him to appear for questioning in the case. Case background Mr. Joshi was asked to appear for questioning as the Lokayukta police had found him having links with Ningappa G. alias Ningappa Savant. The latter had allegedly collected crores of rupees from several officers in various government departments by telling them that the Lokayukta police had sufficient information about their ill-gotten wealth and were likely to conduct raids. Ningappa was found to be frequently visiting the Lokayukta police office in Bengaluru to meet some officers, it was alleged. The court had stayed the notice to Mr. Joshi besides staying an investigation against Ningappa, a former head constable, who has been treated as a prime accused in the case by the Lokayukta police. Why it is essential As the court had ordered the release of Ningappa after finding a procedural flaw in his arrest, advocate for the Lokayukta police said that investigation is essential in the case as there is information about alleged involvement of insider. The allegations require a thorough investigation as the incident harmed the reputation of the Lokayukta institution while pointing out that investigation material, available in a sealed cover, would disclose reasons for registering the case under the provisions of the Prevention of Corruption Act as there is alleged involvement of some public servants in the case.+
The Hindu
5 days ago
- Politics
- The Hindu
Was any technical study done on dam safety before approving a Disneyland-type amusement park project near KRS? asks Karnataka High Court
The High Court of Karnataka on Friday directed the State government to inform by way of an affidavit whether any technical assessment was done on dam safety before approving the proposed Disneyland-type amusement park project near the Krishnaraja Sagar (KRS) in Mandya district at an estimated cost of ₹2,663 crore under the public-private partnership. The court also asked the government to give similar information on the proposed construction of infrastructure facilities and civil works to accommodate around 20,000 to 25,000 people in an open theatre and parking place to witness the proposed programme of Cauvery Aarti near the KRS, similar to Ganga Aarti conducted on the banks of the Ganga in Uttar Pradesh. Two PIL petitions A Division Bench comprising acting Chief Justice V. Kameswar Rao and Justice C.M. Joshi issued the direction during the hearing on two PIL petitions, filed by K. Boraiah and four other agriculturists from Krishnaraja Sagar in Srirangapatna taluk, and Sunanda Jayaram, an agriculturist from Gejjalagere in Mandya taluk. While Mr. Boraiah and others have questioned the tender issued on May 13, 2025, inviting proposals from private entities to develop the Disneyland-type project and to maintain it for 30 years, Ms. Jayaram has questioned the May 3, 2025, in-principal approval given by the Water Resources Department to Cauvery Neeravari Nigama Limited (CNNL), which is implementing the project, to utilise around ₹92 crore for creating permanent infrastructure for Cauvery Aarati. Safety concerns raised It has been pointed out in the petitions that safety of the KRS has been ignored by the authorities while proposing these projects while pointing out that the High Court, in response to separate petitions, in January 2024 banned all types of mining and quarrying activities within a 20-km radius of the dam till the completion of a study by experts and the decision to be taken by the committee on dam safety, set up as per the provisions of the Dam Safety Act, 2021. The Bench directed both the government and the CNNL to file affidavit on conduct of any technical assessment of works related to proposed projects near the dam after the State Advocate-General, though assured the court that safety of the dam has been kept in mind while approving the projects and that apprehensions of the petitioners are unfounded, sought time to answer the specific query of the court on whether prior technical assessments were carried out in this regard. Earlier, the government pointed out to the court that the tender for the amusement park project is not yet complete, but that for installing a statue of the Cauvery is complete but work order is yet to be issued. Government documents produced before the court had a reference to an old technical assessment report with regard to the impact of installing the statue and not other construction works.
