Nominal Index: Social Democratic Party of India And Union of India & Others. 2023 LiveLaw (Kar) 178ABC And XYZ. 2023 LiveLaw (Kar) 179Sri Jagadguru Murugharajendra Vidhya Peetha & ANR And The Chief Secretary & others. 2023 LiveLaw (Kar) 180Siddappa B H And The State By Lokayukta Police. 2023 LiveLaw (Kar) 181ABC And XYZ. 2023 LiveLaw (Kar) 182Karnataka General Labour Union...
Nominal Index:
Social Democratic Party of India And Union of India & Others. 2023 LiveLaw (Kar) 178
ABC And XYZ. 2023 LiveLaw (Kar) 179
Sri Jagadguru Murugharajendra Vidhya Peetha & ANR And The Chief Secretary & others. 2023 LiveLaw (Kar) 180
Siddappa B H And The State By Lokayukta Police. 2023 LiveLaw (Kar) 181
ABC And XYZ. 2023 LiveLaw (Kar) 182
Karnataka General Labour Union And Government of India & others. 2023 LiveLaw (Kar) 183
Gangamma & ANR And Pratibha & ANR. 2023 LiveLaw (Kar) 184
C Manjunath And State of Karnataka & ANR. 2023 LiveLaw (Kar) 185
Sharnavva @Kasturi and Shivappa. 2023 LiveLaw (Kar) 186
Raman Sundaresan And Joint Secretary, Ministry of External Affairs & Others. 2023 LiveLaw (Kar) 187
Blink Commerce Private Limited And Blinkhit Private Limited. 2023 LiveLaw (Kar) 188
Town Essentials Pvt. Ltd. v. Daily Ninja Delivery Services Pvt. Ltd. 2023 LiveLaw (Kar) 189
Judgments/Orders
Case Title: Social Democratic Party of India And Union of India & Others.
Case No: WRIT PETITION No. 23167 OF 2022
Citation: 2023 LiveLaw (Kar) 178
The Karnataka High Court has rejected a petition filed by Social Democratic Party of India (SDPI) seeking to unseal its properties in Mangalore which came to be sealed by the State government following the ban imposed by the Central Government on the organisation Popular Front of India (PFI).
A single judge bench of Justice M Nagaprasanna observed that the notifications to seal the premises were issued under the Unlawful Activities (Prevention) Act. "Therefore, the petitioner has an alternative remedy which is statutory and necessarily to be availed of, in the peculiar facts of this case, as recording of evidence for the acts of the State is imperative.”
Case Title: ABC And XYZ
Case No: WRIT PETITION No.23969 OF 2022
Citation: 2023 LiveLaw (Kar) 179
The Karnataka High Court recently declined interference with a family court order refusing custody of the minor daughter to her father as he failed to create a congenial atmosphere in his house for the child to stay.
A single judge bench of Justice M Nagaprasanna rejected the petition filed by the father and said, “It is a fact that there is nobody to take care of the child when the father is not around and the child is handed over to a male stranger. The mother has narrated that on several occasions the child had expressed her anguish getting too anxious about a stranger continuously photographing and videographing the child. If these facts are noticed, it becomes unmistakably clear that the father has not created a congenial atmosphere to the girl child, who is now 9 years old, he cannot therefore be heard to contend that he has a right to claim custody of the child, despite the afore-noted glaring facts.”
Case Title: Sri Jagadguru Murugharajendra Vidhya Peetha & ANR And The Chief Secretary & others.
Case No: WP No. 25316/2022 c/w WP No.25318/2022
Citation: 2023 LiveLaw (Kar) 180
The Karnataka High Court has quashed a Government Order which appointed an Administrator to run the affairs of Sri Jagadguru Murugharajendra Bruhan Mutt at Chitradurga. The administrator was appointed as the pontiff- Shivamurthy Murugha Sharanaru was arrested in September 2022 following cases registered against him under the POCSO Act.
A single judge bench of Justice Krishna S Dixit observed that interference of the State in Religious Institutions, goes against its professed secular credentials. "In secularism, State neutrality qua religion is inherent and this requires the governance to maintain a distance from the affairs of religious institutions of all faiths, equally and further to respect their autonomy...The State and its functionaries should realise that by their very nature they can not be a can not, be panacea to all the evils in society. As of necessity, it should leave religious institutions to solve their problems on their own by appropriate measures, such as community mediation/conciliation or judicial process, of course subject to all just exceptions,” it said.
Case Title: Siddappa B H And The State By Lokayukta Police
Case No: CRIMINAL PETITION NO.2954 OF 2023 CONNECTED WITH CRIMINAL PETITION NO.2906 OF 2023, CRIMINAL PETITION NO.2908 OF 2023
Citation: 2023 LiveLaw (Kar) 181
The Karnataka High Court has said that reports prepared by an investigating officer in discussion with his higher officers, before filing chargesheet, cannot be produced before the court for the purpose of evidence.
A single judge bench of Justice K Natarajan said “Except the documents produced by the investigation officer under Section 161 of CrPC, the remaining documents cannot be summoned except for contradiction under Section 145 of Evidence Act.”
Case Title: ABC And XYZ
Case No: W.P.H.C. NO.34 OF 2023
Citation: 2023 LiveLaw (Kar) 182
The Karnataka High Court has directed a woman to comply with the settlement arrived at with her husband in regard to guardianship, custody and visitation rights of their minor son.
A division bench of Justice Alok Aradhe and Justice Anant Ramanath Hegde disposed of a habeas corpus petition filed by the father to produce the minor son and directed the mother to handover the custody of the son to the petitioner during the summer vacation, as per their settlement.
Case Title: Karnataka General Labour Union And Government of India & others
Case No: WRIT PETITION NO. 9465 OF 2022
Citation: 2023 LiveLaw (Kar) 183
The Karnataka High Court has once again referred for Conciliation the matter regarding re-employment of 80 contract workers of Indian Telephones Limited who have been refused employment since December 2021, though they had been employed in the services for a period of 3 to 38 years.
A single judge bench of Justice Suraj Govindaraj noted that without prejudice to issue of regularization, the management had undertaken in the conciliation proceedings to immediately take back some workers and rest as early as possible. It noted that though this settlement was only interim in nature, its non-compliance halted further progress in the conciliation proceedings.
Case Title: Gangamma & ANR And Pratibha & ANR
Case No: CIVIL REVISION PETITION NO.200010/2019
Citation: 2023 LiveLaw (Kar) 184
The Karnataka High Court has said that a court considering application for grant of Succession Certificate has no power to go into the substantial and intricate question of facts and law.
A single judge bench of Justice C M Joshi sitting at Kalaburagi bench, dismissed a petition filed by parents of one deceased Nagappa, challenging order of the trial court and appellate court granting succession certificate to the wife and son of the deceased. The court permitted the parents to approach the appropriate Court of law for determination of their grievance and for their share in the death benefits of the deceased.
Case Title: C Manjunath And State of Karnataka & ANR
Case No: CRIMINAL PETITION NO. 3560 OF 2023
Citation: 2023 LiveLaw (Kar) 185
The Karnataka High Court recently refused bail to a Government primary school teacher charged for allegedly sexually harassing the minor girl students studying in IV to VI standard.
A single judge bench of Justice Umesh M Adiga while rejecting the petition filed by C Manjunath observed, “Guru or teacher are considered as God in this Country and respected like a God. However, because of the alleged behaviour of the petitioner, even the parents think twice about sending their girl child to the school. It may spoil the name, fame and future of the said girl students. It is not a crime against the individual but crime against a society.”
Case Title: Sharnavva @Kasturi and Shivappa
Case No: CRIMINAL REVISION PETITION NO.200044 OF 2018
Citation: 2023 LiveLaw (Kar) 186
The Karnataka High Court has held that courts while dealing with maintenance applications under Section 12 of the Protection of Women from Domestic Violence Act or Section 125 of Criminal Procedure Code (Cr.P.C), should not go into the validity of marriage.
A single judge bench of Justice S Rachaiah sitting at Kalaburagi bench confirmed the trial Court's order directing petitioner's husband to pay Rs 3,000, per month as maintenance.
Case Title: Raman Sundaresan And Joint Secretary, Ministry of External Affairs & Others
Case No: WRIT PETITION No. 16821 OF 2022
Citation: 2023 LiveLaw (Kar) 187
The Karnataka High Court has said an employee recruited by a company outside India, if not paid salaries, cannot raise a belated complaint against its Director of running a recruiting agency without a valid certificate under Section 10 of the Emigration Act.
A single judge bench of Justice M Nagaprasanna dismissed the petition filed by one Raman Sundaresan, questioning the internal communication between Joint Secretary to the Protector General of Emigrants and Director General of Police, stating that the complaint made by him is beyond the purview of Section 10 of the Act
Case Title: Blink Commerce Private Limited And Blinkhit Private Limited
Case No: MISCELLANEOUS FIRST APPEAL NO. 5756 OF 2022
Citation: 2023 LiveLaw (Kar) 188
The Karnataka High Court last month set aside an interim injunction order of the trial court, temporary restraining the use of 'Blinkit' trademark- a famous online groceries delivery platform- for alleged violation of the rights of a software services firm Blinkhit.
Blinkhit claimed to have registered the marks ‘BLINKHIT’ and ‘iBLINKHIT’ since 2016.
A single judge bench of Justice S R Krishna Kumar observed that the main ground on which the trial court has granted temporary injunction is that Blinkhit had obtained the registered trademark much prior to the appellant starting the use of word BLINKIT for its business. However, the profit and loss account statement and balance sheet of Blinkhit would clearly indicate that no business was being carried on and no income was generated by the respondent by using the trademarks.
Case Title: Town Essentials Pvt. Ltd. v. Daily Ninja Delivery Services Pvt. Ltd.
Case No: WP No. 15830 of 2022
Citation: 2023 LiveLaw (Kar) 189
The Karnataka High Court has held that the non-signatory defendants cannot be exposed to arbitration under Section 8 of the A&C Act by allowing the dispute to be referred to arbitration.
The bench of Justice Sreenivas Harish Kumar held that when the cause of action against all the defendants is stated to be the same, it cannot be bifurcated so to allow arbitration proceedings against few of the defendants and continuation of the suit against the others as it would lead to multiplicity of proceedings and delay in adjudication. It would also increase the cost of litigation and harassment to the parties and on occasions there is possibility of conflicting judgments and orders by two different forums.