Karnataka High Court Weekly Round-Up: November 25 - December 01, 2024

Citations: 2024 LiveLaw (Kar) 481 To 2024 LiveLaw (Kar) 489

Nominal Index:

Krishnappa M T & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 481

National Institute of Mental Health And Neuroscience AND S Anitha Joseph. 2024

LiveLaw (Kar) 482

K Ramakrishna AND Assistant Director 2024 LiveLaw (Kar) 483

M/S COMPASSION UNLIMITED PLUS ACTION (CUPA AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 484

B Y Vijayendra & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 485

S Purushothama AND The Chairman & Others. 2024 LiveLaw (Kar) 486

Shumita Deb & ANR AND Gautam Bhattacharya & Others. 2024 LiveLaw (Kar) 487

Ashwith Kumar And State of Karnataka & Others. 2024 LiveLaw (Kar) 488

R. Nataraj vs. Smt. R. Punitha & Ors. 2024 LiveLaw (Kar) 489

Judgments/Orders

Magistrate Granting Permission To Probe Non-Cognizable Offence Must Apply Mind, Not Write 'Lengthy Orders To Fill Up Pages': Karnataka HC

Case Title: Krishnappa M T & ANR AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 13215 OF 2023

Citation No: 2024 LiveLaw (Kar) 481

The Karnataka High Court has said that Magistrate courts, while passing an order on a request made by the police to investigate a non-cognizable offence, should not merely pass lengthy orders only to fill up the pages, without applying their mind.

A single judge bench of Justice M Nagaprasanna while allowing the petition filed by one Krishnappa M T and another quashed the proceedings initiated against them under sections 34 and 504 of the Indian Penal Code.

Mother Is Best Judge To Decide Interest Of Growing Baby: Karnataka HC Directs NIMHANS To Consider Giving Nurse 120 Day Child Care Leave

Case Title: National Institute of Mental Health And Neuroscience AND S Anitha Joseph

Case No: WRIT PETITION NO. 11915 OF 2024

Citation No: 2024 LiveLaw (Kar) 482

The Karnataka High Court has upheld an order passed by the Central Administrative Tribunal (CAT) which directed National Institute of Mental Health and Neurosciences (NIMHANS) to "consider grant" of Child Care Leave (CCL) to a nurse for a period of 120 days and extend CCL benefits' within eight weeks.

In doing so the court underscored that NIMHANS as State's instrumentality has to be considerate whilst treating the claims of women employees for Maternity and Child Care Leave. The court further underlined that a lactating mother has a Fundamental Right to breastfeed her baby and to spend reasonable time with it and the baby too has a Fundamental Right to be breastfed.

No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court

Case Title: K Ramakrishna AND Assistant Director

Case No: CRIMINAL PETITION NO.9930/2024

Citation No: 2024 LiveLaw (Kar) 483

The Karnataka High Court has rejected the bail plea of 73-year-old K Ramakrishna, former Chairman of Guru Raghavendra Sahakara Bank Niyamitha and Sri Guru Sarvabhauma Souhanda Credit Co-operative Ltd, booked under Prevention of Money Laundering Act, for allegedly de-frauding the bank to the tune of Rs.1,553 Crores by creating fictitious documents and granting loan in favour of fictitious persons.

Ramakrishna–the petitioner, had approached the Trial Court seeking the relief of bail invoking Section 479(1) of BNSS, 2023, and also on the ground that there is a delay in trial and trial has not yet commenced and he has been in custody from two years seven months. He subsequently approached the high court in a third bail plea.

Karnataka High Court Calls For Higher Penalty On Pet Owners Who Don't Clean Their Pet's Excrement In Public Parks

Case Title: M/S COMPASSION UNLIMITED PLUS ACTION (CUPA AND State of Karnataka & ANR

Case No: WRIT PETITION NO. 17443 OF 2021

Citation No: 2024 LiveLaw (Kar) 484

The Karnataka High Court has directed the state authorities to increase the penalty amount to be imposed on dog owners, who or whose dogs, are found to be conducting themselves irresponsibly in treating and cleaning of the excrement of their pets in public parks.

This penalty amount the court said would be higher than that which is imposed on the "other class of people" who breach cleanliness norms. In doing so the court emphasized that while the pet owners may have the liberty to take their dogs to the parks to roam around, the other section of the society and the class of the people who visit the parks also have a right to "enjoy clean environment".

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Case Title: B Y Vijayendra & ANR AND State of Karnataka

Case No: Criminal Petition No 5478/2024

Citation No: 2024 LiveLaw (Kar) 485

The Karnataka High Court on Wednesday (November 27) quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X (formerly Twitter), by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress.

A single judge bench of Justice M Nagaprasanna allowed the petition and quashed the proceeding against Vijayendra and one Prashant Makanur. The two were charged for offences punishable under sections 505(2) (Statements creating or promoting enmity, hatred or ill-will between classes) and 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) of IPC and section 125 (Promoting enmity between classes in connection with election) of Representation of People Act.

In-Subordination Is Contagious Malady In Public Service Resulting In Maladministration, Cannot Be Viewed Leniently: Karnataka High Court

Case Title: S Purushothama AND The Chairman & Others

Case No: WRIT PETITION NO. 26318 OF 2023

Citation No: 2024 LiveLaw (Kar) 486

The Karnataka High Court has dismissed with cost a petition filed by a delinquent employee of the State Administrative Tribunal, questioning the order passed by the Tribunal whereby his two annual increments with cumulative effect were withheld on charges of disobeying instruction of the Chairman, and employing rude language.

A division bench of Justice Krishna S Dixit and Justice C M Joshi dismissed the petition filed by S Purushothama and said, “In-subordination is a contagious malady in any employment and more particularly in public service. It spreads in an exponential way affecting the hierarchy of positions and disbanding the chain of command, which eventually result in maladministration. Therefore, it cannot be viewed leniently at all.”

Bengaluru Court Can Try Suit By Resident Manna Dey's Daughter Against 'Defamatory' Bengali Content Published At West Bengal: Karnataka HC

Case Title: Shumita Deb & ANR AND Gautam Bhattacharya & Others

Case No: MISCELLANEOUS FIRST APPEAL NO.6128 OF 2024

Citation No: 2024 LiveLaw (Kar) 487

Karnataka High Court has held that a competent court in Bengaluru will have jurisdiction to hear the defamation suit filed by late singer Manna Dey's kin, for restraining certain entities from circulating a Bengali language book on the late singer.

Justice H P Sandesh pointed that though the book is published in West Bengal, it is available in Bengaluru.

The High Court held thus while setting aside an order of the trial court which had dismissed the suit filed by Shumita Deb–the daughter of late music director and singer Manna Dey–and her husband against Gautam Bhattacharya and others.

Don't Raise Office Objection About Petitioner Not Signing Withdrawal Memo Presented By His Counsel: Karnataka High Court To Registry

Case Title: Ashwith Kumar And State of Karnataka & Others

Case No: WRIT PETITION NO. 19500 OF 2022

Citation No: 2024 LiveLaw (Kar) 488

The Karnataka High Court has directed its registry not to raise office objections to the effect that the signature of the petitioner is not forthcoming in the memo of withdrawal if the petition is sought to be withdrawn by the advocate appearing for the petitioner.

In doing so the court observed that such office objections discredits the authority of the counsel who appear on behalf of their clients.

Justice S Sunil Dutt Yadav in its order said, “Accordingly, the Registry is directed not to raise office objections to the effect signature of the petitioner is not forthcoming in the memo for withdrawal. Learned counsel is fully authorised to take action on behalf of the clients. Such office objection raised discredits the authority vested on the counsel".

Filing Application U/S 8 Of Arbitration Act Before Statement On Substance Of Dispute Doesn't Waive Right To Invoke Arbitration Clause: Karnataka HC

Case Title: Sri R. Nataraj vs. Smt. R. Punitha & Ors.

Case Number: M.F.A. No.6586 of 2024 (AA)

Citation No: 2024 LiveLaw (Kar) 489

The Karnataka High Court bench of Justice H.P. Sandesh has held that if an application under Section 8 of the Arbitration and Conciliation Act, 1996 is filed before submitting the first statement on the substance of the dispute, the party cannot be deemed to have waived its right to invoke the arbitration clause. The court observed that the filing of the written statement and application for reference under Section 8 simultaneously cannot lead to an inference that the Appellant had submitted to the jurisdiction of the Civil Court and had waived its right to seek reference to arbitration.