Nominal IndexCentral Public Information Officer/Deputy Director General, Doordarshan Kendra And Central Information Commission & ANR. 2023 LiveLaw (Kar) 165. D K Shivakumar And State of Karnataka. 2023 LiveLaw (Kar) 166D B Jatti And M/s Jamnadas Devidas. 2023 LiveLaw (Kar) 167Ravi M And Union of India & others. 2023 LiveLaw (Kar) 168B Prashanth Hegde And State of Karnataka. 2023...
Nominal Index
Central Public Information Officer/Deputy Director General, Doordarshan Kendra And Central Information Commission & ANR. 2023 LiveLaw (Kar) 165.
D K Shivakumar And State of Karnataka. 2023 LiveLaw (Kar) 166
D B Jatti And M/s Jamnadas Devidas. 2023 LiveLaw (Kar) 167
Ravi M And Union of India & others. 2023 LiveLaw (Kar) 168
B Prashanth Hegde And State of Karnataka. 2023 LiveLaw (Kar) 169
ABC And XYZ. 2023 LiveLaw (Kar) 170
Karnataka Golf Association And Karnataka Information Commission & ANR. 2023 LiveLaw (Kar) 171
N P Amruthesh And State of Karnataka & Others. 2023 LiveLaw (Kar) 172
Judgments/Orders
Case Title: Central Public Information Officer/Deputy Director General, Doordarshan Kendra And Central Information Commission & ANR.
Case NO: WRIT PETITION NO. 2346 OF 2011 (GM-RES) C/W WRIT PETITION NO. 663 OF 2011
Citation: 2023 LiveLaw (Kar) 165
The Karnataka High Court has made it clear that under the Right to Information Act, a Public information Officer has no authority to prefer an appeal against an order passed by the Appellate Authority, directing him to furnish information to an applicant under the Act. The power to prefer an appeal challenging an order passed by the Appellate authority has been conferred only on the persons who had sought for information, it held.
A single judge bench of Justice N S Sanjay Gowda has said, “There is no provision under the Act which enables any of the parties, let alone a Public Information Officer, to prefer an appeal against the order to the Second Appellate Authority.”
Case Title: D K Shivakumar And State of Karnataka
Case No: WRIT PETITION NO.10479 OF 2020
Citation: 2023 LiveLaw (Kar) 166
The Karnataka High Court last month dismissed a petition filed by Congress leader D K Shivakumar seeking to quash the sanction for prosecution granted by State to the CBI, to investigate the offences alleged against him under the provision of Prevention of Corruption Act.
A single judge bench of Justice K Natarajan said the impugned order was merely a consent given by the State under Section 6 of the DSPE Act, "it is not a sanction as required under either Sections 19 or 17 of the Prevention of Corruption Act.”
Section 87 NI Act | Cheque Not Invalid If Altered With Consent Of Drawer: Karnataka High Court
Case Title: D B Jatti And M/s Jamnadas Devidas
Case No: CRL.R.P No. 964 OF 2019
Citation: 2023 LiveLaw (Kar) 167
The Karnataka High Court has reiterated that if the payee or holder of the cheque had made alteration with the consent of drawer on cheque, such alteration cannot be a ground to resist right of payee or holder thereof.
A single judge bench of Justice Rajendra Badamikar dismissed a revision petition filed by accused D B Jatti who had challenged the conviction order passed by the trial court for the offence under Section 138 of Negotiable Instruments Act, and upheld by the Appellate court.
Case Title: Ravi M And Union of India & others
Case No: WP 9720/2023
Citation: 2023 LiveLaw (Kar) 168
The Karnataka High Court on Tuesday rejected a PIL filed by a Non Resident Indian (NRI) seeking grant of voting rights to NRIs from the countries they reside in, during the Karnataka Assembly Elections, scheduled to be held on May 10.
A vacation bench of Justice Krishna S Dixit and Justice Vijaykumar A Patil rejected the petition filed by Ravi M. In doing so, it accepted the submission made by the Election Commission of India that “The Right to vote is not a fundamental right and it is a creature of law. Therefore unless law is shown which provides for voting, the Right to vote cannot be sought for.”
Case Title: B Prashanth Hegde And State of Karnataka
Case No: WRIT PETITION NO.18864 OF 2021
Citation: 2023 LiveLaw (Kar) 169
The Karnataka High Court recently directed the Inspector General and Director General of Police (DG and IGP), to instruct all Investigating Officers of the Investigation Agencies to communicate the final report prepared by them to the first informant, as per Section 173(2)(ii) of Criminal Procedure Code (CrPC).
Section 173(2)(ii) obligates investigating officer to communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.
Case Title: ABC And XYZ
Case No: M.F.A. NO.8527 OF 2015
Citation: 2023 LiveLaw (Kar) 170
The Karnataka High Court has refused to interfere with the order of a family court granting visitation rights of a minor daughter to her father. The mother of the child had objected to it on the grounds that her ex-husband had remarried twice after being divorced from her.
A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil observed, “The assertion of the appellant is that the respondent has married twice after getting divorce from the appellant and his second wife has a child out of her earlier wedlock and son is in custody of the respondent, the grant of any visitation rights would affect the health, well being of the minor daughter. The apprehension of the appellant has been taken care of by the Family Court, keeping in mind that the minor child being the female child of the appellant and respondent, the permanent custody is given to the appellant-mother.”
Case Title: Karnataka Golf Association And Karnataka Information Commission & ANR
Case NO: WRIT PETITION NO. 55173 OF 2014
Citation: 2023 LiveLaw (Kar) 171
The Karnataka High Court has declared that the Karnataka Golf Association is a public authority as contemplated under the Right to Information Act (RTI). A single judge bench of Justice N S Sanjay Gowda dismissed a petition filed by the Association challenging the order of Karnataka Information Commission by which it declared the Association as a public authority under Section 2(h) of the Act.
Karnataka High Court Refuses To Stay PM Narendra Modi's Road Shows In Bengaluru
Case Title: N P Amruthesh And State of Karnataka & Others.
Case No: WRIT PETITION NO. 9952 OF 2023
Citation: 2023 LiveLaw (Kar) 172
The Karnataka High Court on Friday refused to stay the roadshows to be held by Prime Minister Narendra Modi in Bengaluru this Saturday and Sunday, ahead of assembly elections in the State on May 10. A vacation bench of Justice Krishna S Dixit and Vijaykumar A Patil held a special hearing today in the PIL filed by Advocate Amruthesh N P, raising concern over road blocks and traffic jams due to the rally.