Citations: 2024 LiveLaw (Kar) 348 To 2024 LiveLaw (Kar) 387 Nominal Index:THE BANGALORE, BANGALORE RURAL AND RAMANAGARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD AND Assistant Commissioner & Others. 2024 LiveLaw (Kar) 348ABC AND State of Karnataka. 2024 LiveLaw (Kar) 349Nagamma & Others AND Rudrayya & Others. 2024 LiveLaw (Kar) 350Principal Additional Director General...
Citations: 2024 LiveLaw (Kar) 348 To 2024 LiveLaw (Kar) 387
Nominal Index:
THE BANGALORE, BANGALORE RURAL AND RAMANAGARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD AND Assistant Commissioner & Others. 2024 LiveLaw (Kar) 348
ABC AND State of Karnataka. 2024 LiveLaw (Kar) 349
Nagamma & Others AND Rudrayya & Others. 2024 LiveLaw (Kar) 350
Principal Additional Director General Directorate General Of Gst Intelligence Versus M/S Rajiv Gandhi University Of Health Sciences. 2024 LiveLaw (Kar) 351
PARITOSH CHANDRASHEKAR KULKARNI AND State of Karnataka. 2024 LiveLaw (Kar) 352
Bashirahmed AND Surayya & Others. 2024 LiveLaw (Kar) 353
THE RELIANCE GENERAL INSURANCE COMPANY LIMITED AND SUPREETH S. @ SUPREETH & Others. 2024 LiveLaw (Kar) 354
Dr Anil Khurana AND Dr Amargouda L Patil & Others. 2024 LiveLaw (Kar) 355
DR. AMIRTHALAKSHMI R AND State of Karnataka & Others. 2024 Live Law (Kar) 356
Francis Zavier W AND MM Mathew. 2024 LiveLaw (Kar) 357
S Nagarajan & ANR AND Nadoja Dr Mahesh Joshi. 2024 LiveLaw (Kar) 358
Debhashish Sinha & Others AND State of Karnataka. 2024 LiveLaw (Kar) 359
Satyalaxmi Rao & Others AND State of Karnataka & Others. 2024 Live Law (Kar) 360
Life Insurance Corporation AND Sourabh. 2024 LiveLaw (Kar) 361
Dr. Namratha NR and Karnataka Medical Council & Others. 2024 LiveLaw (Kar) 362
Santhosh Shet AND State of Karnataka. 2024 LiveLaw (Kar) 363
PCIT Versus Smt. Umah Agarwal. 2024 LiveLaw (Kar) 364
Stanly Kirthiraj AND State of Karnataka. 2024 LiveLaw (Kar) 365
Kawal Jeet Kaur AND State of Karnataka. 2024 LiveLaw (Kar) 366
Kumara C AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 367
Alok Kumar v. Mamatha Singh. 2024 Live Law (Kar) 368
Shankar Naik G K AND State of Karnataka. 2024 LiveLaw (Kar) 369
Shanthalakshmi AND State of Karnataka & Others. 2024 LiveLaw (Kar) 370
GUDDAPPA NINGAPPA KOLAJI AND THE MANAGEMENT OF GRASIM INDUSTRIES. 2024 LiveLaw (Kar) 371
M/S Three 1st Enterprises Versus The Commissioner Of Commercial Taxes. 2024 LiveLaw (Kar) 372
Sreeramu V and ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 373
Chennamma AND The Regional Commissioner & Others. 2024 LiveLaw (Kar) 374
Shobha AND Dr Anil P Kumar. 2024 LiveLaw (Kar). 375
Mohammed Shahid & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 376
Rafiq Bepari AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 377
Dr Subhalakshmi N & ANR v. State By District Appropriate Authority PC AND PNDT District Health and Family Welfare Office & Others. 2024 LiveLaw (Kar) 378
Sadat Ali Khan AND Noor Ahmed Sayyed & ANR2024 LiveLaw (Kar) 379
Mahathma Gandhiji Grama Hitha Mandali AND State of Karnataka. 2024 LiveLaw (Kar) 380
Mayukh Mukherjee AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 381
Chaithanya Reddy S V AND Nayana & ANR. 2024 LiveLaw (Kar) 382
Chidanandaya & ANR AND Shivalingappa Mallappa Biradar & Others for Respondents. 2024 LiveLaw (Kar) 383
Gajendra K M & Others AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 384
State of Karnataka AND H D Revanna. 2024 LiveLaw (Kar) 385
BASANAGOUDA R PATIL (YATNAL) AND State of Karnataka & Others. 2024 LiveLaw (Kar) 386
Mohammed Dastagir AND Telecom Regulatory Authority of India & Others. 2024 LiveLaw (Kar) 387
Judgments/Orders
Case Title: THE BANGALORE, BANGALORE RURAL AND RAMANAGARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD AND Assistant Commissioner & Others
Case No: WRIT PETITION NO. 29196 OF 2014 (SCST) C/W WRIT PETITION NO. 17857 OF 2015 (SCST) WRIT PETITION NO. 17858 OF 2015
Citation No: 2024 LiveLaw (Kar) 348
The Karnataka High Court has held that a bank cannot enforce a decree for attachment of property against a land grantee under Karnataka Schedule Caste and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, for loan default made by the Cooperative Society holding the general power of attorney for such land.
A single judge bench of Justice Suraj Govindaraj said, "When a grantee has not received any benefit of the loan, the question of there being any privity of contract between the Bank and the grantee would not arise...The Society not having any right in the property has mortgaged the property to the Bank and the Bank has accepted the said mortgage knowing fully well that the Society is not the owner and does not have any right, title or interest."
Case Title: ABC AND State of Karnataka
Case No: CRIMINAL PETITION NO.102394 OF 2023
Citation No: 2024 LiveLaw (Kar) 349
The Karnataka High court has held that a father cannot be charged for kidnapping his minor child from the custody of his wife, so long as there is no prohibition order passed by a competent court against him.
A single judge bench of Justice Venkatesh Naik T allowed the petition filed by the husband and quashed the proceedings initiated against him by his wife for the offence punishable under Section 363 IPC.
Case Title: Nagamma & Others AND Rudrayya & Others
Case No: WRIT PETITION NO. 105278 OF 2018
Citation No: 2024 LiveLaw (Kar) 350
The Karnataka High Court has held that once a sale deed has been duly executed and stamped, the agreement of sale can no longer be independently subject to stamp duty as it has merged into the sale deed.
A single judge bench of Justice Sachin Shankar Magadum allowed a petition filed by Nagamma and others and set aside the order of the trial court which in a partition suit, had impounded the agreement of sale dated 11.12.2002, produced by them and directed to pay the deficit stamp duty along with penalty.
University Income From Rentals, Not Exempted From Service Tax: Karnataka High Court
Case Title: Principal Additional Director General Directorate General Of Gst Intelligence Versus M/S Rajiv Gandhi University Of Health Sciences
Case No.: Writ Appeal No.856 Of 2022
Citation No: 2024 LiveLaw (Kar) 351
The Karnataka High Court has held that the university is liable to pay service tax on the income earned from the rentals of buildings leased or licensed for banking facilities.
The bench of Justice Krishna S. Dixit and Justice Ramachandra D. Huddar has observed that when the university rents out its property for running a bank, the profit motive is abundant. It is not the case of the university that the banking services are agreed to be provided on a 'no profit, no loss basis' by prescribing a license fee as contradistinguished from rentals. However, providing banking facilities by no stretch of imagination can be held to be incidental to education. The term 'educational services' has been employed in these exemption notifications in a reasonable sense, if not restrictive.
Case Title: PARITOSH CHANDRASHEKAR KULKARNI AND State of Karnataka
Case No: CRIMINAL PETITION No. 1850 OF 2023
Citation No: 2024 LiveLaw (Kar) 352
The Karnataka High Court has quashed proceedings initiated under provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act against a student who is pursuing higher studies at Columbia University, USA.
A single judge bench of Justice M Nagaprasanna said, “The petitioner, who is a student pursuing his Masters elsewhere, beyond the shores of the nation, should not be made to suffer for the voluntary/confessional statements of the co-accused.”
Case Title: Bashirahmed AND Surayya & Others
Case No: MISCELLANEOUS FIRST APPEAL NO. 101005 OF 2015
Citation No: 2024 LiveLaw (Kar) 353
The Karnataka High Court has said that a suit filed by a wife before the family court to seek a declaration of share in property of her divorced husband as agreed in the terms of divorce, is maintainable.
A division bench of Justices Krishna S Dixit and Vijaykumar A Patil dismissed an appeal filed by the ex-husband questioning the jurisdiction of the family court to declare that the divorced wife was entitled to 1/4th share in his suit house property, by way of partition as per Section 24 of Code of Civil Procedure and restraining him from permanently alienating the property.
Case Title: THE RELIANCE GENERAL INSURANCE COMPANY LIMITED AND SUPREETH S. @ SUPREETH & Others
Case No: M.F.A. NO. 511 OF 2020 (MV-D) C/W M.F.A. CROB. NO. 40 OF 2022.
Citation No: 2024 LiveLaw (Kar) 354
The Karnataka High Court has held that in case of motor accidents, insurance companies are liable to pay the awarded amount under the head of future prospects, together with the banking rate of interest which is prevalent during the relevant time.
A division bench of Justice K Somashekar and Justice Dr Chillakur Sumalatha held thus while deciding the appeal filed by the Reliance General Insurance Company Limited, challenging the order of the Motor Accidents Claim Tribunal, which allowed the claim petition filed by the legal heirs of the deceased Supreet. The tribunal had awarded interest over the amount that was fixed toward the loss of future prospects.
Case Title: Dr Anil Khurana AND Dr Amargouda L Patil & Others
Case No: WRIT APPEAL No.242/2024 (S-RES) C/W WRIT APPEAL No.366/2024 (S-RES) WRIT APPEAL CROB. No.2/2024
Citation No: 2024 LiveLaw (Kar) 355
The Karnataka High Court has quashed an order passed by the single judge bench which set aside the appointment of Dr. Anil Khurana, to the post of Chairperson, National Commission for Homoeopathy.
A division bench of Chief Justice N V Anjaria and Justice K V Aravind allowed the appeal filed by Khurana questioning the order dated 10.01.2024, made on the petition filed by DR. Amargouda L Patil.
Case Title: DR. AMIRTHALAKSHMI R AND State of Karnataka & Others
Case No: WP 19644/2024
Citation No: 2024 Live Law (Kar) 356
The Karnataka High Court on Tuesday dismissed a public interest litigation challenging the constitutional validity of the draft bill approved by the State cabinet for providing 50% reservation in management and 70% in non-management posts for Kannadigas in private industries and other organisations of the state.
A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by Dr Amirthalakshmi R. The petition had prayed for withdrawal of the bill till the constitutional challenges had been resolved and for staying the implementation of the same.
Case Title: Francis Zavier W AND MM Mathew
Case No: CRIMINAL REVISION PETITION NO. 1414 OF 2021
Citation No: 2024 LiveLaw (Kar) 357
The Karnataka High Court has said that special reasons are to be assigned by the trial court while imposing double the cheque amount as fine on holding the accused guilty for offence punishable under Section 138 of the Negotiable Instruments Act.
A single judge bench of Justice V Srishananda held thus while partly allowing a petition filed by one Francis Zavier W, challenging the order of conviction and sentence passed by the trial court on 15.10.2018 which came to be confirmed in appeal. The court had directed him to pay a fine of Rs 3 lakh, which is double the cheque amount.
Case Title: S Nagarajan & ANR AND Nadoja Dr Mahesh Joshi
Case No: CRIMINAL PETITION NO.100812 OF 202
Citation No: 2024 LiveLaw (Kar) 358
The Karnataka High Court has said that a defamation case against a co-accused cannot be quashed because of a compromise entered between the main accused and the complainant. The court has to take note of the allegation made against each of the accused while deciding the plea.
A single judge bench of Justice H.P Sandesh held thus while dismissing the petition filed by S Nagarajan and another accused who are employees of Doordarshan and were charged under sections 499 and 500 read with Sections 34 and 120-B of the Indian Penal Code.
Case Title: Debhashish Sinha & Others AND State of Karnataka
Case No: WRIT PETITION No.15958 OF 2024
Citation No: 2024 LiveLaw (Kar) 359
The Karnataka High Court has refused to quash criminal proceedings initiated against the Association members of Prestige LakeSide Habitat Home Owners Association, where a minor child had slipped into the swimming pool in the apartment complex and died by drowning. Instead, the court charged them under Section 304A of the IPC.
A single judge bench of Justice M Nagaprasanna partly allowed the petition filed by Debashish Sinha who is the President of the association and other members and quashed the charges levelled against them under Section 304 and 149 of the Indian Penal Code. However, exercising its jurisdiction under Section 482 of CrPC the court charged them with Section 304A of the IPC (causing death by negligence).
Change Of Name Of City Or Ward Cannot Be Subject Matter Of PIL: Karnataka High Court
Case Title: Satyalaxmi Rao & Others AND State of Karnataka & Others
Case No: WP 17145/2024
Citation No: 2024 Live Law (Kar) 360
The Karnataka High Court on Thursday dismissed a public interest litigation filed questioning the government notification changing the name of corporation ward Basavanagudi to Doddaganapathi.
A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by Satyalaxmi Rao and others. It said, “Subject matter of change of name of ward or City cannot be formed part of agitation in a public interest litigation, no public interest is made out to grant any relief to petitioner.”
Case Title: Life Insurance Corporation AND Sourabh
Case No: WRIT APPEAL NO.100105 OF 2024
Citation No: 2024 LiveLaw (Kar) 361
The Karnataka High Court has said that recruitment process has to be undertaken periodically with a fair degree of regularity in public undertakings to fill up permanent posts which fall vacant because of death, disablement, retirement or removal of employees.
A division bench of Justice Krishna S Dixit and Justice Vijay Kumar A Patil said, “When accumulated vacancies are continued indefinitely, that would not only affect the efficacy of public administration but render many qualified & eligible job aspirants age barred.”
Case Title:Dr. Namratha NR and Karnataka Medical Council & Others
Case No: Writ Appeal No 1017/2024
Citation: 2024 LiveLaw (Kar) 362
The Karnataka High Court on Friday dismissed an appeal filed by an estranged wife challenging a single bench order which refused to direct the appointment of an Expert Committee of neurosurgeons to examine her doctor husband who is alleged of suffering from a porencephalic cyst (missing brain).
A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the appeal filed by the estranged wife challenging the order of the single judge bench dated June 4. It said “The entire petition clearly smacked that the petitioner was grinding a family dispute as per her own case, to file a complaint and seek prayer against R2 (husband) who is practising doctor. Petitioner did not file any complaint for 26 years against her husband's practice. At such a stage she brought the petition when divorce proceedings are pending, the prayers made are outrightly misconceived.”
Case Title: Santhosh Shet AND State of Karnataka
Case No: WRIT PETITION No.18372 OF 2024
Citation No: 2024 LiveLaw (Kar) 363
The Karnataka High Court has reiterated that non-filing of a certificate under section 65-B of the Evidence Act at the time of production of electronic evidence, would not vitiate the court proceedings.
A single-judge bench of Justice M Nagaprasanna dismissed the petition filed by Santhosh Shet, a teacher who is charged under provisions of the Protection of Children from Sexual Offences Act (POCSO) for raping a minor girl.
Case Title: PCIT Versus Smt. Umah Agarwal
Case No.: Writ Petition No.11153 Of 2020 (T-IT)
Citation No: 2024 LiveLaw (Kar) 364
The Karnataka High Court has held that the Settlement Commission, by accepting the explanation 'in the spirit of settlement', cannot be faulted for calling for interference in exercise of the limited jurisdiction.
The bench of Justice S. Sunil Dutt Yadav has observed that the Settlement Commission has taken note of the declaration made under Rule 8 of the Income Tax Settlement Commission (Procedure) Rules and has accepted the assertion of cash gifts. If indeed the applicant had disclosed the cash gifts as 'cash in hand' in the wealth tax returns, the alleged unaccounted cash would have stood explained as noticed in the search, and there would have been no occasion for disclosure as made before the Settlement Commission. The Commission deemed the additional income offered for tax of Rs. 2,20,00,000 as being fair and reasonable and proceeded to dispose of the application.
Case Title: Stanly Kirthiraj AND State of Karnataka
Case No: CRIMINAL PETITION NO. 6269 OF 2024
Citation No: 2024 LiveLaw (Kar) 365
The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code (CrPC) cannot be allowed in cases where such applications are filed only to drag the proceedings/trial.
A single-judge bench of Justice M Nagaprasanna dismissed the petition filed by one Stanly Kirthiraj challenging the order of the trial court rejecting his application seeking to recall the witnesses six years after their evidence was recorded.
Case Title: Kawal Jeet Kaur AND State of Karnataka
Case No: CRIMINAL PETITION NO.200895 OF 2024
Citation No: 2024 LiveLaw (Kar) 366
The Karnataka High Court has clarified that the trial court has the power to release the vehicle from interim custody, under Section 451, 457 of the Criminal Procedure Code, till disposal of the main case registered under provisions of the Narcotics Drugs and Psychotropics Substances Act (NDPS).
A single judge bench of Justice K Natarajan held thus while allowing a petition filed by Kawal Jeet Kaur the RC holder of a vehicle which was seized by the Excise Range Office after arresting its drivers who were found in possession of contraband.
Case Title: Kumara C AND State of Karnataka & ANR
Case No: CRIMINAL PETITION NO.13157 OF 2023
Citation No: 2024 LiveLaw (Kar) 367
The Karnataka High Court has dismissed a petition filed by an accused who sought to quash the prosecution initiated against him after a woman with whom he was in a relationship, committed suicide by hanging herself after he refused to marry her.
A single judge bench of Justice K Natarajan dismissed the petition filed by Kumar C who is charged under section 306 of the Indian Penal Code. It said “Once a statement were given in respect of the love affairs, death note and CDR prior to the suicide were all a presumption available to the prosecution and the accused is required to face the trial and rebut the evidence of the prosecution witnesses in the Court of law. Therefore, the accused is required to take the trial.”
Case Title: Alok Kumar v. Mamatha Singh
Case No: WRIT PETITION No.28964 OF 2023
Citation No: 2024 Live Law (Kar) 368
The Karnataka High Court has quashed a criminal case initiated against Additional Director General of Police (ADGP) Alok Kumar, accused of causing hurt and criminal intimidation to a woman in 2019, when he was the incharge police commissioner of Bengaluru.
A single judge bench of Justice M Nagaprasanna quashed the proceedings which were initiated under sections 34, 120A, 166A, 323, 325, 351 and 506 of the Indian Penal Code, on a private complaint filed by Mamatha Singh.
It said, “The complainant need not/should not have waited for three long years i.e., 36 months, to register a complaint, that she had been bruised and intimated by the petitioner three years ago. A perusal at the complaint, would clearly indicate not even a speck of explanation is rendered for the delay of three years in registering the complaint. Therefore, permitting even the complaint to be alive would become contrary to law, as it is shrouded with complete improbability. Delay in such cases defeats acts of setting the criminal law in motion.
Case Title: Shankar Naik G K AND State of Karnataka
Case No: WRIT PETITION No.26231 OF 2023
Citation No: 2024 LiveLaw (Kar) 369
The Karnataka High Court has refused to quash a complaint lodged under Section 7 of the Prevention of Corruption Act, against a police inspector who did not deposit with the state treasury the seized money which was received while investigating a cheating case.
A Single judge bench of Justice M Nagaprasanna dismissed the petition filed by Shankar Naik G K and said “In the light of seriously disputed maze of facts which prima facie depict a crime thriller, it would amaze this Court for entertaining the subject petition, as it does require investigation in the least.
Case Title: Shanthalakshmi AND State of Karnataka & Others
Case No: WRIT PETITION NO.40204/2012 [S-REG] C/W WRIT PETITION NO.54553/2014
Citation No: 2024 LiveLaw (Kar) 370
The Karnataka High Court recently quashed an endorsement issued by the Horticulture and Sericulture department and declared that the petitioners who have been working as daily wage workers for over 10 years without a sanctioned post are entitled to regularisation of service.
A single judge bench of Justice B M Shyam Prasad allowed the petition filed by Shanthalakshmi and others and said “The petitions are allowed quashing the impugned Endorsements dated 14.06.2010 and 15.06.2012, and declared that the petitioners are entitled for regularisation in terms of 2002/2005 Schemes. Respondents in these petitions are directed to issue appropriate Orders in view of this Court's declaration within a period of three [3] months.”
Case Title: GUDDAPPA NINGAPPA KOLAJI AND THE MANAGEMENT OF GRASIM INDUSTRIES
Case No. : W.P. No. 146666 of 2020
Citation No: 2024 LiveLaw (Kar) 371
A single judge bench of the Karnataka High Court, comprising Justice M.G.S. Kamal, while deciding writ petition emphasized that an employee cannot seek a change in the recorded date of birth after a considerable lapse of time.
Case Title: M/S Three 1st Enterprises Versus The Commissioner Of Commercial Taxes
Case No.: Writ Petition No. 102550 Of 2017
Citation No: 2024 LiveLaw (Kar) 372
The Dharwad Bench of the Karnataka High Court has held that the appeal against endorsement seeking production of account books lies before the joint commissioner of appeals.
The bench of Justice Jyoti Mulimani has observed that there is an alternative efficacious statutory remedy under Section 62 of the KVAT Act, 2003.
Case Title: Sreeramu V and ANR AND State of Karnataka & ANR
Case No: WRIT PETITION No.16281 OF 2024
Citation No: 2024 LiveLaw (Kar) 373
The Karnataka High Court has refused to quash a criminal case registered against BESCOM officials who were charged after a mother and her nine-month-old child died due to electric shock caused because of a live wire which was broken and lying on a public street.
A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Sreeramu V and another who were charged under section 304A of the Indian Penal Code (causing death by negligence).
Case Title: Chennamma AND The Regional Commissioner & Others
Case No: WRIT PETITION NO. 202162 OF 2022
Citation No: 2024 LiveLaw (Kar) 374
The Karnataka High Court has said that on the mere deletion of the name of a private owner in revenue records by the Tahsildar and inserting the name of the Wakf board, without carrying out an inquiry for determination of title, the property cannot be said to be a wakf property.
A single judge bench of Justice Suraj Govindaraj held thus while allowing a petition filed by one Chennamma and set aside the order of the Assistant Commissioner dated 14-02-2022 and directed the Tashildar to delete the entry of Board in the record of rights in respect of the land of the petitioner and reinstate the name of the petitioner in the said revenue records within sixty days.
Case Title: Shobha AND Dr Anil P Kumar
Case No: WRIT PETITION NO. 202832 OF 2019
Citation No: 2024 LiveLaw (Kar). 375
The Karnataka High Court has said that when parents transfer property by way of gift, a reasonable expectation that their offspring would take care of their requirements in their old age can imputed from the pleadings made in the application filed under Section 23 of the Maintenance And Welfare Of Parents And Senior Citizens Act, even if not so mentioned in the gift deed.
Section 23 pertains to transfer of property to be void in certain circumstances.
A single judge bench of Justice Suraj Govindaraj held thus while setting aside an order passed by the Assistant Commissioner, which had rejected the application made by one Shobha seeking to void the gift deed executed in favour of her son Dr Anil P Kumar after he showed disinterest in ensuring her and her husband's welfare and did not provide basic amenities and tend to physical needs during old age.
Case Title: Mohammed Shahid & ANR AND State of Karnataka & ANR
Case No: CRIMINAL PETITION No.9653 OF 2023 C/W WRIT PETITION No.19687 OF 2023 (GM-RES) WRIT PETITION No.23864 OF 2023.
Citation No: 2024 LiveLaw (Kar) 376
The Karnataka High Court has quashed a complaint registered by a husband against his wife claiming she wanted to murder him and his mother using Black Magic.
A single judge bench of Justice M Nagaprasanna allowed the petition filed by the wife and quashed the order of reference made for further investigation by the Magistrate court on the private complaint filed by the husband under sections 380, 411, 506, 307, 511 and 34 of the IPC and Section 3 of Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017.
Case Title: Rafiq Bepari AND State of Karnataka & ANR
Case No: CRIMINAL APPEAL NO. 100296 OF 2024
Citation No: 2024 LiveLaw (Kar) 377
The Karnataka High Court recently rejected a bail plea filed by one Rafiq Bepari who is accused of inducing a married woman, sexually assaulting her and forcing her to convert to Islam for marriage with him.
A single judge bench of Justice S Rachaiah said “In the present case, the act of inducing innocent and poor women and forcibly converting to Islam is a serious development and therefore, in order to avoid such bad development, it is necessary to give message to society that Courts are vigilant to regulate such activities and also guarding the innocent and underprivileged women and children of the society.”
Case Title: Dr Subhalakshmi N & ANR v. State By District Appropriate Authority PC AND PNDT District Health and Family Welfare Office & Others
Case No: CRIMINAL PETITION No.3002 OF 2024
Citation No: 2024 LiveLaw (Kar) 378
The Karnataka High Court has said that the State's object to check female foeticide cases due to "illegal" sex determination at diagnostic centres is "laudable", but there must be compliance of Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT) as every centre cannot be "painted with the same brush".
A single judge bench of Justice M. Nagaprasanna made the observation while allowing a petition–filed by Dr Subhalakshmi N and another doctor–set aside the criminal proceedings initiated against them pursuant to a complaint by the District Appropriate Authority alleging offences under Sections 20(1),(2),(3) and 23(1) and (2) of the PCPNDT Act. The first petitioner is the proprietor of a diagnostic centre named 'Medizone Medical Centre' and the second petitioner is a certified registered operator of the ultrasound machine at the centre.
Case Title: Sadat Ali Khan AND Noor Ahmed Sayyed & ANR
Case No: MISCELLANEOUS FIRST APPEAL NO.3459 OF 2021
Citation No: 2024 LiveLaw (Kar) 379
The Karnataka High Court has clarified that failure to wear protective headgear as required by Section 129(a) of the Motor Vehicles Act, though constitutes a contributory negligence, will not drastically affect the compensation awarded to a claimant who has suffered.
A division bench of Justice K Somashekhar and Justice Dr Chillakur Sumalatha said this while deciding an appeal filed by Sadath Ali Khan seeking enhancement of compensation awarded by the Motor Accident Claim Tribunal. The tribunal had awarded Rs 5,61,600 as compensation and in doing so considered that the claimant was found travelling without wearing a helmet and thereby violated the Notification issued by the Transport Authority under the provisions of Motor Vehicles Rules.
Case Title: Mahathma Gandhiji Grama Hitha Mandali AND State of Karnataka
Case No: WRIT PETITION NO.202758 OF 2022
Citation No: 2024 LiveLaw (Kar) 380
The Karnataka High Court has said that the object and purpose of establishing a fair price shop is to enable the citizens of the country to have easy access to fair price shops, more so, when the ration card holders belong to the impoverished class of society and many of them are below the poverty line.
A single judge bench of Justice Suraj Govindaraj dismissed a petition filed by Mahatma Gandhiji Grama Hitha Mandali, a fair price shop questioning the government's decision to start another shop in the same village.
Case Title: Mayukh Mukherjee AND State of Karnataka & ANR
Case No: CRIMINAL PETITION No.9707 OF 2023
Citation No: 2024 LiveLaw (Kar) 381
The Karnataka High Court has held instigation or otherwise by a husband for the commission of suicide of the wife can only be deciphered in a full-blown trial after recording evidence.
A single judge bench of Justice M Nagaprasanna while refusing the quash the abatement to suicide charge against Mayukh Mukherjee said “In the life of husband and wife it cannot be said that there should be minimum proximity. The wife being driven to the wall to an extent of commission of suicide cannot happen at the spur of the moment. It is a collection of agony that has resulted in the fateful incident. It is akin to the explosion of a dormant volcano. Instigation or otherwise of a husband for commission of suicide of the wife can only be deciphered in a full blown trial.”
Case Title: Chaithanya Reddy S V AND Nayana & ANR
Case No: CRIMINAL PETITION NO. 4463 OF 2024
Citation No: 2024 LiveLaw (Kar) 382
The Karnataka High Court has said that payment of child's school fees by a father would not mean that he would not pay maintenance amount to the child on account of him living separately with his mother.
A single judge bench of Justice M Nagaprasanna rejected the petition filed by a husband challenging an order of the trial court directing him to pay Rs 5,000 each to wife and child as interim maintenance.
Case Title: Chidanandaya & ANR AND Shivalingappa Mallappa Biradar & Others for Respondents.
Case No: MISCL. FIRST APPEAL NO.200721 OF 2019 (MV-D) C/W MISCL. FIRST APPEAL NO.200722 OF 2019(MV-D) MISCL. FIRST APPEAL NO.200038 OF 2020(MV-D) MISCL. FIRST APPEAL NO.200039 OF 2020
Citation No: 2024 LiveLaw (Kar) 383
The Karnataka High Court has said that a person holding a light motor vehicle driving licence is permitted to drive a tractor as the unladen weight does not exceed 7500 kg and the insurance company is liable to pay compensation to the claimants in case the driver of the tractor causes an accident.
A Single judge bench of Justice K Natarajan held thus while dismissing the appeal filed by the Branch Manager of M/s United India Insurance Co Ltd, which had challenged the order passed by the Motor Accidents Claim Tribunal questioning the fastening of liability on it as well as the quantum of compensation awarded to the claimants.
Case Title: Gajendra K M & Others AND State of Karnataka & ANR
Case No: CRIMINAL PETITION NO. 6248 OF 2024
Citation No: 2024 LiveLaw (Kar) 384
The Karnataka High Court has directed the State government to ensure that one investigating officer probes cases registered against each other by parties to the same incident.
A single judge bench of Justice M Nagaprasanna has directed the registry to send its order to the Department of Home Affairs, Deputy General of Police and the Law Minister, suggesting to bring about an amendment to the Karnataka Police Manual and issuance of a circular clearly indicating that any violation by different Investigating Officers conducting investigation in a case and a counter case would become open to Departmental Action.
Karnataka High Court Refuses To Cancel HD Revanna's Bail In Abduction Case
Case Title: State of Karnataka AND H D Revanna
Case No: CRL.P 4914/2024
Citation: 2024 LiveLaw (Kar) 385
The Karnataka High Court has dismissed the petition filed by the Special Investigation Team (SIT) seeking cancellation of bail granted to Janata Dal (Secular) leader HD Revanna, accused of abducting a woman.
A single judge bench of Justice M Nagaprasanna had reserved the order on August 01 after hearing the parties. Revanna was granted bail by the special court on May 13.
The High Court today also granted bail to Satish Babanna and others who are co-accused in the case. Copy of detailed judgment is awaited.
Case Title: BASANAGOUDA R PATIL (YATNAL) AND State of Karnataka & Others
Case No: WP 27220/2023 c/w WP 670/2024.
Citation: 2024 LiveLaw (Kar) 386
The Karnataka High Court has dismissed the petitions filed by CBI & BJP MLA Basangouda Patil Yatnal challenging the State government's decision to withdraw consent for a CBI probe into corruption allegations against Congress leader and Deputy CM DK Shivakumar.
A division bench of Justice K Somashekhar and Justice Umesh M Adiga had on August 12, reserved its order on the petitions filed by the Central Bureau of Investigation and BJP MLA Basangouda Patil Yatnal challenging the State government's decision to withdraw consent for CBI probe into corruption allegations against Congress leader and Karnataka's Deputy Chief Minister DK Shivakumar.
Case Title: Mohammed Dastagir AND Telecom Regulatory Authority of India & Others
Case No: WRIT PETITION NO. 45162 OF 2019
Citation No: 2024 LiveLaw (Kar) 387
The Karnataka High Court has dismissed a petition filed by one Mohammed Dastagir, seeking direction on the Telecom Regulatory Authority of India (TRAI) to take urgent steps to prevent telemarketers from creating fake records and include names of telecom subscribers in the list of numbers to whom they send pesky calls and also provide for stringent punishment for such fraudulent practices.
A single judge bench of Justice M G S Kamal dismissed the petition and granted liberty to the petitioner to approach the appropriate forum to seek adjudication of his grievances.