Karnataka High Court Weekly Round-Up [April 17 - April 23, 2023]

Nominal Index:

Mohammed Shariff And National Investigating Agency. 2023 LiveLaw (Kar) 152

H D Naveen And State of Karnataka. 2023 LiveLaw (Kar) 153

Thirakavva & ANR Ratnavva & Others. 2023 LiveLaw (Kar) 154

Sudarshan V Biradar And State of Karnataka. 2023 LiveLaw (Kar) 155

M/s TTK Healthcare Ltd And P V Ravi. 2023 LiveLaw (Kar) 156

XIAOMI Technology India Private Limited. v. Union of India. 2023 LiveLaw (Kar) 158

Judgments/Orders

Prima Facie Terrorist Act: Karnataka High Court Rejects Plea By 2020 Bengaluru Riots Accused Against Cognisance Taken By NIA Court

Case Title: MOHAMMED SHARIFF And NATIONAL INVESTIGATING AGENCY

Case No: WRIT PETITION No.5547 OF 2021

Citation: 2023 LiveLaw (Kar) 152

The Karnataka High Court has dismissed a petition filed by an accused in the Bengaluru riots case of 2020, questioning the cognizance taken by Special NIA court of offences punishable under the Unlawful Activities (Prevention) Act.

A single judge bench of Justice M Nagaprasanna dismissed the petition filed by accused Mohammed Sharif and said, “The ingredients of Section 15 (Terrorist Act) of the Act, in the considered view of this Court, are prima facie met.”

Unemployed Husband Perhaps Had "Inferiority Complex" From Working Wife: Karnataka High Court While Upholding Conviction U/S 498A IPC

Case Title: H D Naveen And State of Karnataka

Case No: CRIMINAL REVISION PETITION No.912/2014

Citation: 2023 LiveLaw (Kar) 153

The Karnataka High Court recently upheld a husband's conviction under Section 498-A (Cruelty) IPC for harassing his wife, stating that he perhaps developed inferiority complex.

A single judge bench of Justice Ramachandra D.Huddar while dismissing the revision petition filed by H D Naveen observed, “Accused No.1 is unemployed. Perhaps he must be having an inferiority complex as his wife complainant is a BA., B.Ed. graduate, working as a teacher. That must have made the accused No.1 and his family members to harass the complainant by making unlawful demands and harassed her physically and mentally.”

Amendments Long Overdue: Karnataka High Court Suggests Increasing Pecuniary Jurisdiction Of District Courts To Hear First Appeals U/S 96 CPC

Case Title: Thirakavva & ANR Ratnavva & Others

Case No: REGULAR FIRST APPEAL NO.1659 OF 2007 (PAR-) C/W RFA CROSS OBJ NO.101 OF 2008

Citation: 2023 LiveLaw (Kar) 154

The Karnataka High Court has suggested amending provisions of the law relating to the pecuniary jurisdiction of the High Court and the District Court to hear the first appeals filed under Section 96 of the Civil Procedure Code, which is governed under Section 5 of the Karnataka High Court Act of 1961 and Section 19 of the Karnataka Civil Courts Act, 1964, to ensure expeditious disposal of appeals.

The bench gave the suggestion while deciding on an appeal filed by one Thirakavva who had to wait for 16 years for the court to take up for final hearing the appeal filed by her. It observed “Ideally, the final verdict in an appeal should not take more than 2 years after admission. An appeal from the stage of filing till the disposal does not involve elaborate time consuming procedures like a suit.”

Karnataka Amendment Conferring Judicial Magistrate's Power To Decide Delayed Birth/ Death Registration Upon Executive Authority Ultra Vires: High Court

Case Title: Sudarshan V Biradar And State of Karnataka

Case No: WRIT PETITION No.15800 OF 2022

Citation: 2023 LiveLaw (Kar) 155

The Karnataka High Court has declared the Karnataka Registration of Births and Deaths (Amendment) Rules, 2022 by which it amended Rule 9 of the Births and Deaths Rules, 1999, and conferred powers on Revenue officials to decide on application for delayed registration of births and death, as ultra vires, the Registration of Births and Deaths Act, 1969.

The State Government by the amendment had substituted the words in sub-rule (3) of Rule 9 which hitherto read “a Magistrate of First Class or a Presidency Magistrate” with the words “an Assistant Commissioner (Sub-Divisional Magistrate)”. The State Government had taken away the power of the Magistrate of the First Class and placed it at the mercy of the Assistant Commissioner.

Labour Court Can't Declare Domestic Enquiry Against Terminated Workman Perverse Without Affording Hearing To Employer: Karnataka High Court

Case Title: M/s TTK Healthcare Ltd And P V Ravi

Case No: WRIT PETITION NO. 29197 OF 2014

Citation: 2023 LiveLaw (Kar) 156

The Karnataka High Court has said that Labour Court before coming to a conclusion that domestic enquiry conducted by the employer against terminated employee is not fair and proper, it has to grant opportunity to the employer to establish the Articles of Charge, levelled by it against the employee.

A single judge bench of Justice Suraj Govindaraj allowed the petition filed by M/s TTK Healthcare Ltd and set aside the award dated 28.02.2014 passed by the Prl. Labour Court, Bangalore. It remanded the matter back to the Labour court for fresh disposal by providing an opportunity to the employer to lead evidence to establish the charges against the workman.

No "Moral Boost" To Culprits: Karnataka High Court Refuses Benefit Under Probation Of Offenders Act To Woman Behind Gas Cylinder Scam In Village

Case Title: Kousalya And Government of Karnataka

Case No: CRL.RP.NO.764/2014

Citation: 2023 LiveLaw (Kar) 157

The Karnataka High Court has upheld the conviction handed down to a woman for cheating villagers and collecting money from them on the pretext of distributing gas cylinders to them.

A Single judge bench of Justice Rajendra Badamikar partly allowed the appeal filed by Kousalya and modified the sentence of two years imprisonment imposed on the accused to six months.

However, the court rejected the prayer of the convict that since she is a lady, some leniency may be shown by remitting the sentence and praying to enlarge her under the provisions of the Probation of Offender Act, (PO) 1958.

Karnataka High Court Rejects Xiaomi's Petition Challenging Seizure Of ₹5551.27 Crore By Enforcement Directorate, Upholds S.37A FEMA

Case Title: XIAOMI TECHNOLOGY INDIA PRIVATE LIMITED v. UNION OF INDIA

Case No: WP 19973/2022

Citation: 2023 LiveLaw (Kar) 158

The Karnataka High Court on Friday rejected the petition filed by Xiaomi India challenging an order passed by the Competent Authority appointed under the Foreign Exchange Management Act,1999 (FEMA), confirming the order issued by the Enforcement Directorate (ED) seizing Rs.5,551.27 crores of the company.

A single judge bench of Justice M Nagaprasanna though upheld the maintainability of the petition, it dismissed the same on merits. The company had approached the court challenging the constitutional validity of section 37A of FEMA Act contending it to be violative of Article 14, 20 read with Article 300A and 301 of the Constitution of India. The provision empowers Centre's authorized officer to seize an entity's assets in India on suspicion of violation of FEMA.