Latest news with #MNagaprasanna
Indian Express
4 days ago
- Politics
- Indian Express
Construction cannot happen near protected sites without ASI's permission: Karnataka HC
The Karnataka High Court ruled Monday that construction activities cannot be carried out near protected sites within a particular radius without the permission of the Archaeological Survey of India (ASI) as prescribed by the law. The order was passed by Justice M Nagaprasanna in response to a petition filed by a resident of Mangalore. The Mangalore resident had come into possession of a property after a partition suit in 1993. After subsequent challenges and appeals to the same, he was allotted a share of 8.8 cents of land in the Thota village of the Mangalore taluk. In 2023, the City Corporation granted permission to construct a house with an approved plan. After the construction reached a certain stage, ASI issued a stop notice on the grounds that the construction was within 150 metres of the Mangala Devi Temple, a protected monument. The resident approached the High Court with the petition after his representation for a no-objection certificate (NOC) was denied. The court stated in its order, 'It is to be noticed that framers of the Constitution were conscious of the need to shield the monuments and places of historic importance from spoliation and disfigurement… It is the obligation of the State to protect every monument of historic interest.' The petitioner's counsel stated that there was no impediment in granting the NOC as the construction was in the regulated area rather than at a distance where construction was prohibited. He stated that, as per images from Google Earth, it was at a distance of 151 metres from the temple. It was also submitted that the ASI estimate of 64 metres using Google Earth was erroneous, and the petitioner was doing a renovation that was permitted under the law (by bringing down and rebuilding an older construction). The State counsel argued that the constructed property was indeed at a distance of 64 metres where construction is prohibited. The counsel also said that the construction done so far should not have been sanctioned without an NOC from ASI. The bench also did not accept the claim of 151 metres distance, and said, 'It is deliberately shot from a different angle and enlarged so that the distance would change. The respondents (ASI) have placed a Google Earth image taken by them, which clearly depicts that the property which is being constructed is within 64 metres of the protected monument…. The statute clearly bars any kind of new construction, but permits only repair and minor renovation.' Apart from directing the petitioner not to go ahead with the construction, the court also ordered a departmental inquiry against the erring officers who granted permission for the construction contrary to the law.
India Today
7 days ago
- Entertainment
- India Today
Kannada-Tamil language row: Demanding Kamal Haasan's apology justified? Experts debate
The Karnataka High Court criticised actor Kamal Haasan while hearing a petition filed by him seeking directions to ensure the release and screening of his upcoming film Thug Life in the state. Justice M Nagaprasanna questioned Haasan's refusal to apologise for the statement, observing that it had hurt public sentiment. Kamal Haasan came under fire in Karnataka for claiming that the Kannada language originated from Tamil, a remark that triggered strong opposition in the state. So, what explains the language wars? And is the demand for Kamal Haasan's apology justified? Watch as experts debate.
New Indian Express
15-05-2025
- Health
- New Indian Express
Wife of man in coma gets Karnataka High Court nod to access his bank accounts
BENGALURU: The Karnataka High Court appointed the wife of a retired man as his guardian to operate his three savings bank accounts in two nationalised banks since he is lying in ICU for more than nine months and cannot write and sign due to 'Guillain Barre Syndrome' (GBS). The husband developed the GBS just prior to his retirement after attaining the age of superannuation in November 2024. GBS is a syndrome which is known to be a rare neurological disorder in which a person's immune system is compromised by an attack on the part of the peripheral nervous system, and the husband is in the ICU from June 23, 2024 and on a ventilator. The doctors of the Bangalore Medical College and Research Institute diagnosed him with GBS in November 2024, and the requirement of a ventilator appeared to have become permanent. Hence, the court directed the State Bank of India and Indian Overseas Bank to allow the wife, residing in Rajajinagar in the city, to draw money for the day-to-day treatment of her husband and for the livelihood of the family. The petitioner's husband has his account in both banks in Bengaluru and Sagara of Shivamogga district. She submitted a representation to each of the banks quoting the account number, permitting her to operate the account, she being the wife. Though all medical certificates necessary were submitted to the banks, the banks have not acted, and she has not been able to draw money to meet the day-to-day expenses of the treatment and the livelihood of the family. It is therefore, she knocked the doors of the court seeking directions to the banks. Allowing wife's petition recently, Justice M Nagaprasanna said: 'The livelihood of the family is now put to jeopardy, as the averment in the petition is for nine months, the family is unable to meet both the ends, as no money can be drawn from the accounts, one of which also holds the pension of the husband of the petitioner. Owing to these peculiar facts, I deem it appropriate to permit the petitioner to operate the account of her husband and draw money, as she is not a stranger in relationship to the account holder, she is the wife'. The court noted that the relationship between the petitioner and the account holder is husband and wife. Just before retirement, the husband develops GBS, resulting in ebbing mental prowess. The patient would become incapacitated from writing and signing. This appears to have resulted in no money being permitted to be withdrawn or transferred from all three bank accounts, leading to impecuniosity. The petitioner is the sole dependent of the account holder. In light of the unequivocal facts and the husband being in a comatose state due to 'GBS', and therefore, the petitioner has now been in a comatose state, the court observed while issuing directions to the bank.
Time of India
14-05-2025
- Business
- Time of India
Karnataka HC rejects PhonePe plea in cybercrime case; says confidentiality must coexist with accountability
The Karnataka High Court has dismissed a petition from digital payment app PhonePe challenging the authority of the cyber police to seek information of its merchants, holding that the "protection of consumer privacy cannot eclipse the lawful imperative of investigating officers to secure evidence and take the investigation to its logical conclusion." 'Confidentiality must coexist with accountability,' Justice M Nagaprasanna said in a recent 32-page judgment, the copy of which is available now. PhonePe's writ petition was triggered by a notice from the cybercrime team of the Bengaluru City Police who sought several details from the Bengaluru-based digital payment app as part of an investigation in a case of alleged cyber fraud . by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Cardiologists: How to Quickly Lose a Hanging Tummy Health Wellness Journal Watch More Undo The police are investigating a complaint from a citizen who said he deposited his bets on six online betting sites during the India and South Africa cricket match in September 2022. The sites, however, had blocked themselves off after he placed his bets. He could see the money he had deposited on the wallets on the site, but he was blocked from withdrawing it. He urged the police to trace the people operating the sites and book them as per the law. Live Events The police, after registering the case, asked PhonePe to give details including URL/IP address/mobile app shared by the merchant at the time of on-boarding, the source through which the merchant on-boarded, transaction history and the KYC details of the merchant, through a formal letter under Section 91 of the CrPC. Discover the stories of your interest Blockchain 5 Stories Cyber-safety 7 Stories Fintech 9 Stories E-comm 9 Stories ML 8 Stories Edtech 6 Stories PhonePe argued that it was only a service provider, governed under the Payment and Settlement Systems Act , 2007. It had no role in any of the transactions leading to the filing of the FIR. It also insisted that The Bankers Books Evidence Act, 1891, barred them from disclosing confidential information of customers. The company further said the police notice was contrary to law, and no investigating officer could summon documents under Section 91 of the Cr PC unless there was a court direction. The government advocate argued that the police have the power to seek information for conduct of a fair investigation in these times of cybercrimes being reported in large numbers. The Centre, he said, has also issued guidelines under Section 87 of the IT Act. PhonePe, he added, had violated the guidelines of the Centre to safeguard merchants involved in cricket betting. The court called the case ... "a delicate interplay between multiple enactments. The petitioner being an intermediary is regulated under the Payment and Settlement Systems Act, 2007. The claim of the petitioner is that it is protected under the Bankers' Books Evidence Act , 1891. The State places heavy reliance upon the IT Act and violation of the Information Technology Rules, 2011." Justice Nagaprasanna wrote: Today, conventional crimes have receded, and new-age crimes have sprung in large numbers. The new-age crimes are cybercrimes – the clandestine modern offences. Such offences demand swift, targeted and effective response. The police must be empowered within the limits of law to unearth digital footprints that could otherwise vanish. Therefore, while privacy, as contended by the petitioner, should be maintained, it cannot be wielded as a shield against lawful investigation ." The petitioner (PhonePe), the court said, cannot contend being a digital system payment gateway that it will not divulge any information as sought by the Investigating Officer while rejecting its petition.
Hindustan Times
14-05-2025
- Business
- Hindustan Times
Karnataka HC rejects PhonePe plea against police notice for user information
BENGALURU: The Karnataka high court has ruled that digital intermediaries cannot use privacy laws or their intermediary status to avoid cooperating with lawful criminal investigations and dismissed a petition by digital payments platform PhonePe against a police request for user information linked to alleged online sports betting transactions. Justice M Nagaprasanna said user privacy was important but the firm could not brush aside lawful investigations, especially amid the recent surge in cybercrimes. 'The protection of consumer privacy cannot eclipse the lawful imperative of investigating officers to secure evidence and take the investigation to its logical conclusion. Confidentiality must coexist with accountability,' the high court said in its ruling on April 29. The 32-page verdict was uploaded to the high court's website on Monday. The court was hearing a petition filed by PhonePe challenging a notice received from the police in December 2022. According to the police, a Bengaluru resident said that he used PhonePe to transfer about ₹6,000 to a sports betting website to place bets during an India-South Africa cricket match but was later unable to withdraw his winnings. He filed a first information report against the website after it also blocked his access. As part of the police probe, the investigating officer sought information from PhonePe. The notice sought information from PhonePe on the details of the payments made and inquired if it had noticed any online gambling related activity on its platform. Police also asked PhonePe to furnish a list of customers who are involved in online gambling. However, PhonePe challenged the notice arguing that as a digital intermediary governed by the Information Technology Act and the Payment and Settlement Systems Act, it had no role in the transactions in question. It cited legal obligations to protect customer confidentiality under the Bankers Books Evidence Act, asserting that such data could only be disclosed through a court order. However, the high court held that existing laws, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2011, permit information sharing with investigating authorities. These rules mandate that intermediaries must provide requested data within 72 hours of a lawful request. 'The duty to protect data must yield, where public interest and criminal investigation intersect,' the court said. Rejecting the argument that customer data can only be released under court orders, the court said an investigating officer was a statutory authority empowered by law. Justice Nagaprasanna stressed that the notice was not a 'fishing expedition' but a targeted request tied to a legitimate probe into possible illegal financial transactions. The court said that PhonePe, as a regulated intermediary, could not claim immunity from investigatory summons when criminal activity was suspected. It dismissed the petition, reinforcing that digital platforms must 'cooperate with lawful investigations in an era increasingly dominated by cybercrime.' .'
