Karnataka High Court Weekly Round-Up [January 8 To January 14, 2024]

Citations: 2024 LiveLaw (Kar) 10 To 2024 LiveLaw (Kar) 20

Nominal Index:

H Manjunath AND Karnataka State Bar Council & ANR. 2024 LiveLaw (Kar) 10

All India HDPE/PP Woven Fabric Manufacturers Association AND The Secretary Government of India, Competition Commission of India & Others. 2024 LiveLaw (Kar) 11

ABC AND XYZ. 2024 LiveLaw (Kar) 12

Bhimappa Gundappa Gadad AND Government of Karnataka. 2024 LiveLaw (Kar) 13

Sanjay M Peerapur & Another & Union of India & Others. 2024 LiveLaw (Kar) 14

H T Munikumar & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 15

ANI Technologies Private Limited AND State of Karnataka & Others. 2024 LiveLaw (Kar) 16

Gururaj Jeevan Rao And State of Karnataka. 2024 LiveLaw (Kar) 17

Nagaraj AND The Commissioner Bruhat Bengaluru Mahanagara Palike & Others. 2024 LiveLaw (Kar) 18

G R Medical College Hospital and Research Centre AND Union of India & Others. 2024 LiveLaw (Kar) 19

M/S Hatsoff Helicopter Training P Limited Versus State Of Karnataka. 2024 LiveLaw (Kar) 20

Judgments/Orders

Karnataka High Court Directs State Bar Council To Afford Hearing To Advocate Accused Of Sexually Harassing Female Lawyer, Quashes Suspension

Case Title: H Manjunath AND Karnataka State Bar Council & ANR

Case No: Writ Petition No 27909 OF 2023

Citation No: 2024 LiveLaw (Kar) 10

The Karnataka High Court has set aside an order of the State Bar Council (KSBC) suspending an advocate from practising in any Courts of the country, for allegedly sexually harassing a female lawyer.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by H Manjunath and remitted the matter back to the Council to consider the objections of the petitioner that he has to file on or before January 10.

Will Help Meet Global Standards: Karnataka HC Upholds Union Govt Notification Imposing Quality Control On Polyethylene Used To Make Plastic

Case Title: All India HDPE/PP Woven Fabric Manufacturers Association AND The Secretary Government of India, Competition Commission of India & Others

Case No: Writ Petition 287 OF 2024

Citation No: 2024 LiveLaw (Kar) 11

The Karnataka High Court has upheld a Government of India notification dated 15-04-2021 which imposes quality control on polyethylene, used to manufacture different types of plastic.

A Single judge bench of Justice M Nagaprasanna dismissed the plea filed by All India HDPE/PP Woven Fabric Manufacturers Association and said that if the product was sought to be exported under the “Made in India” tag, then quality insistence from the threshold would ensure that the final product would meet all the necessary global standards.

Karnataka High Court Sets Aside Ex-Parte Divorce Decree Passed During Covid-19 Pandemic; Says Marriage Sacrosanct, Wife Can't Be Condemned Unheard

Case Title: ABC AND XYZ

Case NO: Miscellaneous First Appeal No 6578/2021

Citation No: 2024 LiveLaw (Kar) 12

The Karnataka High Court has set aside an ex-parte divorce decree passed by the trial court in 2021, as the trial Court had conducted the hearing including recording of the evidence when the world was in the grip of Covid-19 pandemic.

A division bench of Justice K S Mudagal and K V Aravind allowed the appeal filed by the wife and set aside the decree passed by the trial court on the petition filed by the husband seeking divorce on grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act.

God Is One, Though Called By Many Names: Karnataka HC Dismisses Plea Seeking Disqualification Of Ministers & MLAs For Not Taking Oath As Prescribed

Case Title: Bhimappa Gundappa Gadad AND Government of Karnataka

Case No: Writ Petition No 24939 OF 2023

Citation No: 2024 LiveLaw (Kar) 13

The Karnataka High Court recently dismissed a plea seeking the disqualification of 9 ministers and 37 MLAs, who did not take oath as per the prescribed format under Schedule III of the Constitution of India.

The plea also called for their appointments to be declared unconstitutional and illegal.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the plea filed by Bhimappa Gundappa Gadad and said “Oath can be taken in the name of God or by solemn affirmation without taking any name of God. This becomes evident by a sheer look at all the formats enlisted in the Third Schedule to the Constitution of India which employs the expression “swear in the name of God” and alternatively other expressions “solemnly affirm.”

Karnataka High Court Strikes Down 100% Reservation For Women In Recruitment To Cadre Of 'Nursing Officers' In Military

Case Title: Sanjay M Peerapur & Another & Union of India & Others.

Case No: Writ Petition No 62966 OF 2011

Citation No: 2024 LiveLaw (Kar) 14

The Karnataka High Court has struck down the expression "if woman" found in Section 6 of the Indian Military Nursing Services Ordinance, 1943 as unconstitutional. By this expression, 100 percent recruitment was reserved for women in the cadre of 'nursing officers'.

A Single judge bench of Justice Ananth Ramanath Hegde sitting at Dharwad partly allowed the plea filed by Sanjay M Peerapur and said “Women are justifiably considered to be a separate class under the Constitution. However, it does not mean that there can be hundred percent reservations in employment for women to the exclusion of all others when the classification is solely based on the sex without having any rational nexus to the object sought to be achieved.

Karnataka Co-operative Societies Act | All Director Posts Deemed Vacated If Few Members Resign And Board Falls Short Of Quorum: High Court

Case Title: H T Munikumar & Others AND State of Karnataka & Others

Case No: WRIT PETITION NO.22398 OF 2023 C/W WRIT PETITION NO.23943 OF 2023 /W WRIT PETITION NO. 23318 OF 2023.

Citation No: 2024 LiveLaw (Kar) 15

The Karnataka High Court has held that upon the resignation of few members of the Board of a Society as governed under the Karnataka Co-operative Societies Act, elections are required to be held to the posts of all the Directors including the posts of Directors who have not tendered their resignations, if the Board falls short of quorum.

A single judge bench of Justice C M Poonacha dismissed a batch of petitions challenging appointment of the Special Officer to administer the society and conduct of elections to all the posts of directors.

Copyright Act | Karnataka High Court Quashes Prosecution Against ANI Technologies, CEO Upon Being Told Of Settlement Between Parties

Case Title: ANI Technologies Private Limited AND State of Karnataka & Others

Case No: Criminal Petition No 10156 OF 2022

Citation No 2023 LiveLaw (Kar) 16

The Karnataka High Court has quashed prosecution initiated under provisions of the Copyright Act, against ANI Technologies Private Limited which operates Olacabs, and its Chief Executive Officer, Bhavish Aggarwal.

A single judge bench of Justice K Natarajan allowed the petition and quashed the FIR registered by the Jeevan Bheemanagar Police Station under sections 63 and 64 of the Copyright Act, 1957.

Pontiff Travelling Abroad No Ground To Bar Him From Performing Pooja At Udupi Temple: Karnataka High Court

Case Title: Gururaj Jeevan Rao And State of Karnataka

Case No: Writ Petition No 634 of 2024.

Citation No: 2024 LiveLaw (Kar) 17

The Karnataka High Court has dismissed a PIL seeking to preclude Puttige Mutt seer Sugunendra Theertharu from performing religious rituals in Udupi as he had travelled abroad.

Petitioner Gururaj Jeevan Rao claimed that the pontiff had crossed oceans and therefore, as per traditions of subject Mutt, he is not entitled to touch the idol of Lord Krishna and he is disqualified from worshipping the deity.

Purchasing Even 50 Sq Mtrs Plot A Dream In Bangalore, Authorities Should Favourably Consider Sanctioning Building Plans: High Court

Case Title: Nagaraj AND The Commissioner Bruhat Bengaluru Mahanagara Palike & Others

Case No: WRIT PETITION NO. 7204 OF 2021 C/W WRIT PETITION NO. 26829 OF 2017 WRIT PETITION NO. 11852 OF 2021 WRIT PETITION NO. 22426 OF 2022, WRIT PETITION NO. 16580 OF 2023, WRIT PETITION NO. 16912 OF 2023, WRIT PETITION NO. 19268 OF 2023, WRIT PETITION NO. 22463 OF 2023.

Citation No: 2024 LiveLaw (Kar) 18

The Karnataka High Court has held that there is no blanket prohibition which is imposed as regards sanction of construction plan on a plot measuring less than 50 sq. metres under the Bangalore Mahanagara Palike Building Bye-laws, 2003.

Instead such sanction in respect of private landowners would have to be considered and acceded to by following due principles of law, in the interest of citizens, it added.

Karnataka HC Upholds Non-Renewal Of License Of G.R. Medical College Due To Deficiencies, Allows Transfer Of Enrolled Students To Other Colleges

Case Title: G R Medical College Hospital and Research Centre AND Union of India & Others

Case No: WRIT PETITION NO.17254 OF 2023 (EDN-RES) C/W WRIT PETITION NO. 22397 OF 2023

Citation No: 2024 LiveLaw (Kar) 19

The Karnataka High Court has dismissed a plea filed by a G.R. Medical College Hospital and Research Centre, Mangalore, challenging the National Medical Council's (NMC) denial of renewal of permission for its 150 1st year MBBS Seats for the academic year 2022-23 and the government's decision to transfer the 150 students to different Medical Colleges in the State.

A division bench of Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda dismissed the petition and said “No ground is made out for exercise of extraordinary jurisdiction under Article 226 of the Constitution of India.”

Tax Exemption Can't Be Denied To Govt's Helicopter Pilots Trainer For Non-Furnishing GSTIN : Karnataka High Court

Case Title: M/S Hatsoff Helicopter Training P Limited Versus State Of Karnataka

Case No.: Writ Petition No. 24699 Of 2023

Citation No: 2024 LiveLaw (Kar) 20

The Karnataka High Court has held that tax exemption cannot be denied to the government's helicopter pilot trainer merely for non-furnishing goods and service tax identification numbers (GSTIN) initially.

The bench of Justice B. M. Shyam Prasad has observed that the GSTIN of the recipient organisation was not furnished initially, is able to be furnished later, and demonstrates that its services of imparting training to the helicopter pilots were totally sponsored and borne by the Central Government or the State Government.