Karnataka High Court Weekly Round-Up: April 15 - April 21, 2024

Nominal Index:

Rangaswamy AND Ravi Kumar. 2024 LiveLaw (Kar) 175

S.V.T PRODUCTS AND S.S PANDIAN AND SONS. 2024 LiveLaw (Kar) 176

Ninganna & Others AND State by Nanjangud Rural Police. 2024 LiveLaw (Kar) 177

B Lakshmidevi AND Rizwan Arshad. 2024 LiveLaw (Kar) 178

Dr Vidyavanthi U Patil AND State of Karnataka. 2024 LiveLaw (Kar) 179

Prof Dr Kaushik Majumdar AND Indian Statistical Institute & Others. 2024 LiveLaw (Kar) 180

Shashikala Jolle And State of Karnataka & ANR. 2024 LiveLaw (Kar) 181

H.M. TAMBOURINE APARTMENT OWNERS ASSOCIATION & Others AND Bangalore Development Authority & ANR. 2024 LiveLaw (Kar) 182

Buoyant Technology Constellations Pvt Ltd v. Manyata Infrastructure Developments Pvt Ltd. 2024 LiveLaw (Kar) 183

M/s Azeem Infinite Dwelling v. M/s Patel Engineering. 2024 LiveLaw (Kar) 184

Chairman Central Board Of Direct Taxes AND K Chandrika. 2024 LiveLaw (Kar) 185

Judgments/Orders

[Cheque Dishonour] When Defence Of Accused Is Not Believable, Court Can Infer That He Issued A Cheque For The Said Transaction: Karnataka HC

Case Title: Rangaswamy AND Ravi Kumar

Case No: CRIMINAL REVISION PETITION NO. 841 OF 2020

Citation No: 2024 LiveLaw (Kar) 175

The Karnataka High Court has held that in a case of dishonour of cheque registered under the Negotiable Instruments Act when the defence of the accused is not believable, inference can be drawn by the court that he made a transaction with the complainant and issued a cheque for the said transaction.

A single judge bench of Justice S Rachaiah observed thus while dismissing a petition filed by one Rangaswamy challenging the order of the conviction passed by the trial court under Section 138 of the Act.

Burden On Defendant To Rebut Presumption As To Prima Facie Validity Of Registered Trademark In Suit Against Infringement: Karnataka High Court

Case Title: S.V.T PRODUCTS AND S.S PANDIAN AND SONS

Case No: MFA NO.2680 OF 2023

Citation No: 2024 LiveLaw (Kar) 176

The Karnataka High Court has dismissed the appeal filed by a partnership firm challenging trial court's temporary injunction order restraining it from infringing original plaintiff's registered trademark "Hotel Special", in relation to marketing of asafoetida (Hing).

A single judge bench of Justice Anant Ramanath Hegde observed that registration of trademark is granted by the authority after due application of mind. Thus, it held, “Once the trade mark is registered, Section 31(1) of the Act of 1999, confers a prima facie validity to the registered trademark. The presumption as to its prima facie validity is of course rebuttable. This being the position, when an interim order is sought to restrain the alleged infringement of a registered trade mark, the burden is on the defendant to rebut the presumption as to the prima facie validity of the trade mark.”

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence

Case Title: Ninganna & Others AND State by Nanjangud Rural Police

Case No: CRIMINAL APPEAL NO. 1229 OF 2019

Citation NO: 2024 LiveLaw (Kar) 177

The Karnataka High Court has set aside the murder conviction and life sentence imposed on three accused of setting ablaze a woman. Citing prosecution's failure to establish its case beyond reasonable doubt, a Division bench of Justice Sreenivas Harish Kumar and Justice S Rachaiah remarked,

“It appears that the trial court has morally convicted the accused in the absence of legal proof.” The woman, a married lay, allegedly had an affair with the third accused. As per prosecution, all three accused (including parents of third accused) invited the woman to their house and set her on fire. She succumbed to the burn injuries a week later.

Promises Published In Election Manifesto Of Political Parties Doesn't Amount To Corrupt Practices By Contesting Candidates: Karnataka High Court

Case Title: B Lakshmidevi AND Rizwan Arshad

Case No: ELECTION PETITION No.14/2023

Citation No: 2024 LiveLaw (Kar) 178

The Karnataka High Court has dismissed an election petition filed by a voter in Shivajinagar Assembly Constituency, seeking to declare the election of Rizwan Arshad as Member of Legislative Assembly as void, on allegation of indulging in corrupt practice.

A single judge bench of Justice S Vishwajith Shetty dismissed the petition filed by B Lakshmidevi, saying, “Since for the purpose of Section 123 of the Act, the promise or assurance should be made by the candidate or his agent or by any other person with the consent of the candidate or his election agent, in the absence of any material which would prima facie show that the five guarantees or promises published in the election manifesto by the political party, of which the respondent was a candidate in the assembly election, was published with the consent of the respondent or his election agent, the allegations cannot be termed to be corrupt practice for the purpose of the Act.”

Dentist With BDS Degree Can't Be Appointed As Taluk Health Officer, Must Possess MBBS Degree: Karnataka High Court

Case Title: Dr Vidyavanthi U Patil AND State of Karnataka

Case No: WRIT PETITION NO.100881 OF 2024

Citation No: 2024 LiveLaw (Kar) 179

The Karnataka High Court has made it clear that a dentist cannot be appointed to the post of Taluk Health Officer it has to be a General Duty Medical Officer and he/she should possess an MBBS Degree.

A division bench of Justice M I Arun and Justice Umesh M Adiga dismissed the petition filed by Dr Vidyavanthi U Patil challenging the order of the Karnataka State Administrative Tribunal which rejected her application questioning the order of transfer as Taluk Health Officer, being cancelled.

Duty Of Institute To Provide Better Working Conditions For Specially Abled Persons Not Just A Moral Imperative, But Legal Obligation: Karnataka HC

Case Title: Prof Dr Kaushik Majumdar AND Indian Statistical Institute & Others

Case No: WRIT PETITION NO. 264 OF 2024

Citation No: 2024 LiveLaw (Kar) 180

The Karnataka High Court quashed a direction issued by the Indian Statistical Institute Bangalore Centre, to withhold payment of HRA paid to a disabled professor of the institute on the ground that he was staying in the guest house provided by the institute.

A single judge bench of Justice Sachin Shankar Magadum allowed the petition filed by Prof. Dr Kaushik Majumdar said, “The duty of an Institute to provide better working conditions to specially disabled persons is not just a moral imperative but also a legal obligation under various disability rights and legislations and international conventions.”

Karnataka High Court Quashes 'Voter Bribery' Case Against MLA Shashikala Jolle

Case Title: Shashikala Jolle And State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 1560 OF 2024.

Citation No: 2024 LiveLaw (Kar) 181

The Karnataka High Court has quashed proceedings initiated against Legislator Shashikala Jolle who was charged under sections 171(E) of the Indian Penal Code and Section 123 of Representation of People Act, 1951 during the 2023 State Assembly elections.

A single judge bench of Justice Krishna S Dixit allowed the petition filed by her and said “The proceedings in Crime No.52/2023 of Nipani Town Police Station, now pending in CC No.2990/2023 on the file of learned JMFC, Nipani, for the offences punishable under sections 120(1) & 133 of Representation of People Act, 1951 and also for the offence punishable under Section 171(E) of IPC, 1860 are hereby quashed. Petitioner is set free of the subject case.”

BDA Can Issue Modified Sanction Plan Permitting Construction Of Additional Towers On Land Where Construction Has Already Come Up: Karnataka HC

Case Title: H.M. TAMBOURINE APARTMENT OWNERS ASSOCIATION & Others AND Bangalore Development Authority & ANR

Case No: Writ Petition No 17375 OF 2017

Citation No: 2024 LiveLaw (Kar) 182

The Karnataka High Court has held that Bangalore Development Authority (BDA) has the jurisdiction to issue a modified sanction plan for the construction of additional towers subsequent to the development of an Apartment complex and sale of apartments and undivided share in common areas, as per the earlier plan, even when the area is now covered under the City Municipal Corporation limits.

A single-judge bench of Justice M I Arun dismissed a petition filed by the H.M. Tambourine Apartment Owners Association which had questioned the power of the authority to sanction a modified plan based on the maximum floor area ratio (FAR), without taking into consideration the area already sold in favour of the individual apartment owners and further, the property is now within the jurisdiction of Bruhat Bengaluru Mahanagara Palike (BBMP) and BDA does not have the power to sanction the modified plan.

Karnataka High Court Dismisses Petition Seeking Termination Of Arbitration Proceedings With Costs Of 25,000/- Citing Delay By Petitioner Itself

Case Title: Buoyant Technology Constellations Pvt Ltd v. Manyata Infrastructure Developments Pvt Ltd,

Case No: WP. 8654 of 2024

Citation No: 2024 LiveLaw (Kar) 183

The High Court of Karnataka has dismissed a writ petition seeking termination of arbitral proceedings under Section 29A of the A&C Act by observing that the arbitrator had proceeded diligently and it was the petitioner itself who had taken various adjournments causing delay. It imposed a cost of Rs. 25,000/- on the petitioner.

The bench of Justices S.G. Pandit and C.M. Poonacha held that the 12 months period for delivery of an arbitral award under Section 29A would begin from the date of completion of proceedings which would also include a sur-rejoinder statement if permitted.

A Term-Sheet Is Not A Binding Agreement If It Required Execution Of A Definitive Agreement: Karnataka High Court

Case Title: M/s Azeem Infinite Dwelling v. M/s Patel Engineering,

Case No: Commercial Appeal No. 60 of 2024

Citation No: 2024 LiveLaw (Kar) 184

The High Court of Karnataka has held that a termsheet for buyout is only an offer and a contract if it was valid only for a limited period or till the execution of a definitive agreement.

The Bench of Justices Anu Sivaraman and Anant Ramanath Hedge ruled that a termsheet would expire if the specified period for executing a definitive agreement passes without such an agreement being made. It held that an expired termsheet cannot be enforced or acted upon.

No Further Enquiry Can Be Ordered Unless A Case Is Made Out: Karnataka High Court

Case Title: Chairman Central Board Of Direct Taxes AND K Chandrika

Case No: WRIT PETITION NO.4730 OF 2022

Citation No: 2024 LiveLaw (Kar) 185

The Karnataka High Court has dismissed a petition filed by Chairman of Central Board of Direct Taxes challenging an order of Central Administrative Tribunal's whereby it quashed the 'charge sheet' in the disciplinary enquiry against Assistant Income Tax Commissioner and directed it to hold 'Review DPC' within two months to consider her case for promotion.

A division bench of Justice Krishna S Dixit and Justice G Basavaraja dismissed the petition and said “Enquiry Officer has already found her 'not guilty' vide report dated 14.03.2014. Therefore she cannot be subjected to any 'further enquiry'. An argument to the contrary falls foul of fair play and established canons in the realm of law.”