Karnataka High Court Weekly Round-Up: May 8 - May 21, 2023

Nominal Index:

Dilshad And Athaulla Khan & others. 2023 LiveLaw (Kar) 173

Emmanuel Michael And Union of India. 2023 LiveLaw (Kar) 174

Gameskraft Technologies Private Limited Versus Directorate General Of Goods. 2023 LiveLaw (Kar) 175

Vinod Damji Patel And The Hoskote Yojana Pradhikara & ANR. 2023 LiveLaw (Kar) 176

Gajaraja And State of Karnataka & Others. 2023 LiveLaw (Kar) 177

Judgments/Orders

Once Criminal Court Finds A Person Guilty Of Rash & Negligent Driving, Motor Accident Tribunal Can't Hold Driver Was Someone Else: Karnataka High Court

Case Title: Dilshad And Athaulla Khan & others

Case No: MISCELLANEOUS FIRST APPEAL NO. 5640 OF 2018 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 333 OF 2018 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 334 OF 2018 (MV-I)

Citation: 2023 LiveLaw (Kar) 173

The Karnataka High Court recently said that once a competent criminal court has found the driver of an offending vehicle guilty and convicted him for charges of rash and negligent driving and causing death, findings of Motor Accidents Claim Tribunal that the driver of the car was another person, cannot be accepted.

A single judge bench of Justice N S Sanjay Gowda set aside the finding of the tribunal that had held the insurance company was not liable to pay as Athaulla Khan (driver) was not involved in the accident because in the MLC register and the wound certificate, the name of the driver was shown as Akthar, son of Ameer Jan Khan who had caused accident.

High Pendency Of Cases In NDPS Court, Humanly Impossible To Dispose Them In Time Bound Manner: Karnataka HC While Refusing Bail To Kenyan Citizen

Case Title: Emmanuel Michael And Union of India.

Case NO: CRIMINAL PETITION No.1469/2023

Citation: 2023 LiveLaw (Kar) 174

The Karnataka High Court recently reflected upon the huge pendency of cases before a Special NDPS Court, while refusing bail to a Kenyan citizen who was held under the Act over two years ago for allegedly attempting to smuggle drugs in the country via foreign routes.

A single judge bench of Justice M G Uma noted that pendency before the Trial Court as on April 1, 2023 is 1,308 special cases and remarked, “It is humanly impossible to dispose of all those matters in a time bound manner since invariably in all these cases there will be lengthy evidence that is being led by the prosecution and equally lengthy cross examination on behalf of each of the accused. There will again be lengthy arguments even on bail applications and on merits. Under such circumstances, the practicability of disposing of the matter expeditiously within a few months would be a herculean task.”

Online Rummy Games Played Are Not Taxable As ‘Betting’ And ‘Gambling: Karnataka High Court Quashes GST Intimation Notice Demanding Rs. 21,000 Crores Against Gameskraft

Case Title: Gameskraft Technologies Private Limited Versus Directorate General Of Goods

Case No.: Writ Petition No. 19570 Of 2022

Citation: 2023 LiveLaw (Kar) 175

The Karnataka High Court has quashed the GST Intimation Notice to the tune of Rs 21,000 crore and held that online/electronic/digital Rummy games and other Online/Electronic/Digital games played on Gameskraft’s platforms are not taxable as "betting" and "gambling".

The bench of Justice S.R. Krishna Kumar has observed that online, electronic, and digital games, which are also substantially and preponderantly games of skill and not of chance, are also not gambling.

Planning Authority Forcing Private Landowner To Surrender Property For Proposed Acquisition Free Of Cost Amounts To Extortion: Karnataka High Court

Case Title: Vinod Damji Patel And The Hoskote Yojana Pradhikara & ANR

Case No: WRIT PETITION NO.15103 OF 2022

Citation: 2023 LiveLaw (Kar) 176

The Karnataka High Court has quashed an endorsement issued by the Planning Authority of Hoskote Taluk in rural Bangalore, directing a private landowner to surrender a portion of his land free of cost, claiming it has been earmarked for widening of National Highway, and only then it would approve the construction plan submitted on the remaining land.

A single judge bench of Justice Suraj Govindaraj allowed the petition filed by one Vinod Damji Patel and directed the authority to consider and approve the plan submitted by the petitioner without insisting for such surrender free of cost. It remarked,

Karnataka High Court Quashes Criminal Proceedings Against Prison Officials For Alleged VIP Treatment Of AIADMK's Ex-General Secretary VK Sasikala

Case Title: Gajaraja And State of Karnataka & Others

Case No: WRIT PETITION NO.16978 OF 2022 c/w WRIT PETITION NO.1142 OF 2022, WRIT PETITION NO.3171 OF 2022

Citation: 2023 LiveLaw (Kar) 177

The Karnataka High Court has quashed the criminal proceedings initiated against three officials of the Bengaluru Central Jail, charged with allegedly acting as broker in facilitating luxury amenities inside prison to former AIADMK General Secretary Sasikala Natarajan (VK Sasikala).

Sasikala was lodged in prison in the year 2017 on being convicted by Supreme Court in a disproportionate assets case.

A single judge bench of Justice K Natarajan allowed the petitions filed by Police Inspector Gajaraja; then Assistant Superintendent of Prisons Dr. Anitha R; and Chief Superintendent of Prisons Krishna Kumar.