Nominal Index: Dilshad And Athaulla Khan & others. 2023 LiveLaw (Kar) 173Emmanuel Michael And Union of India. 2023 LiveLaw (Kar) 174Gameskraft Technologies Private Limited Versus Directorate General Of Goods. 2023 LiveLaw (Kar) 175Vinod Damji Patel And The Hoskote Yojana Pradhikara & ANR. 2023 LiveLaw (Kar) 176Gajaraja And State of Karnataka & Others. 2023 LiveLaw...
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
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.
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.”
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.
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,
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.