Karnataka High Court Weekly Round-Up: October 23 to October 29, 2023.

Nominal Index: Citations: 2023 LiveLaw (Kar) 405-410.

Umadevi M And Joint Commissioner (East) Zone & Others. 2023 LiveLaw (Kar) 405

Tayamma @Thippamma & Others AND K Ramappa & Others. 2023 LiveLaw (Kar) 406

Shivalingappa B. Kerakalamatti And State of Karnataka & ANR. 2023 LiveLaw (Kar) 407

Sushil Mantri & Others AND State of Karnataka & ANR. 2023 LiveLaw (Kar) 408

Narayan Jamadar AND Karnataka State Police Department. 2023 LiveLaw (Kar) 409

Future Gen. India Ins. Co. Ltd AND Zeenath Begum & Others. 2023 LiveLaw (Kar) 410

Judgments/Orders:

Karnataka High Court Asks BBMP To Upload Daily Orders, Causelists, Judgments Of Proceedings Before Quasi-Judicial Authorities

Case Title: Umadevi M And Joint Commissioner (East) Zone & Others.

Citation No: 2023 LiveLaw (Kar) 405

The Karnataka High Court has directed the Bruhat Bengaluru Mahangara Palike (BBMP) to web host all cause lists, daily orders and judgments of proceedings before the quasi-judicial authorities of the corporation to ensure transparency and accessibility.

Justice Suraj Govindaraj also emphasized that when a matter is adjourned, the next date should be fixed or a notice should be issued to all parties about the next hearing date. “The Chief Commissioner, BBMP in association with the Principal Secretary E-Governance Department set up a system for webhosting all the cause lists and Orders passed in each of the matters on daily basis as done by this Court and the District Courts under E-Courts project and now done by the Revenue Department in respect of the Revenue Court Cases Management System, which is available at rccms.karnataka.gov.in. Detailed project report and implementation report to be placed before this Court within four weeks from the date of receipt of the copy of the Order.”

Order 21 Rule 97 Application Can Be Dismissed If Obstructor Fails To Meet Prima Facie Right To Show Resistance: Karnataka High Court

Case Title: Tayamma @Thippamma & Others AND K Ramappa & Others

Citation: 2023 LiveLaw (Kar) 406

The Karnataka High Court has held that an application made before the executing court under Order 21 Rule 97 of CPC, can be dismissed in limine if the obstructor fails to satisfy the court his prima facie right to show resistance to the execution.

A division bench of Justice Sreenivas Harish Kumar and Justice Ramachandra D Huddar found that the executing court was correct in dismissing the application because the applicants failed to prove that their father was not alive in 1998 when the sale deed was executed and that they were the legal heirs of Belagalappa.

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime

Case Title: Shivalingappa B. Kerakalamatti And State of Karnataka & ANR

Citation: 2023 LiveLaw (Kar) 407

The Karnataka High Court recently while quashing the criminal proceedings initiated against a school headmaster under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, by a school teacher, observed,

“Haystack of frivolous cases have mushroomed to a large extent that searching a genuine case in the haystack has become like searching for a needle in a haystack, as most the cases are in abuse and misuse of the process of law, like the kind in hand.”

Karnataka High Court 'Obliterates' PMLA Proceedings Against Developer For Delay In Delivering Flat To Homebuyer

Case Title: Sushil Mantri & Others AND State of Karnataka & ANR

Citation: 2023 LiveLaw (Kar) 408

The Karnataka High Court has quashed a criminal case for cheating registered by a home buyer against a Developer for delay in delivery of his flat. It added that ED proceedings under Prevention of Money Laundering Act will also stand obliterated.

A single judge bench of Justice M Nagaprasanna said, “Criminal law cannot be set into motion on the said delay in delivery of flats, as those facts arise out of agreements entered into between the parties, at best, it can be breach of agreement. If it is a breach of agreement, it cannot be cheating or criminal breach of trust.”

Pendency Of Criminal Case At Time Of Making Application Valid Ground For Refusing Post In Police Dept: Karnataka High Court

Case Title: Narayan Jamadar AND Karnataka State Police Department

Citation: 2023 LiveLaw (Kar) 409

The Karnataka High Court has dismissed the petition filed by one Narayan Jamadar, whose application for a position in the police department was rejected as a criminal case was pending against him at the time of filing the application.

A Division bench of Justice Mohammad Nawaz and Justicr Rajesh Rai K said, “Even though the petitioner has been acquitted of the said offences, as on the date of filing of the application, the criminal case was pending against him and the same was not disclosed in the application, which was required to be stated. Hence, there is no merit in this writ petition and accordingly, the writ petition is dismissed.”

Parking Motor Vehicle On Road Without Proper Precautions Prohibited: Karnataka High Court Rejects Plea Of Contributory Negligence

Case Title: Future Gen. India Ins. Co. Ltd AND Zeenath Begum & Others

Citation: 2023 LiveLaw (Kar) 410

The Karnataka High Court has said that no contributory negligence can be attributed to the deceased driver, who meets with an accident with a vehicle negligently parked on a National Highway.

The Insurance company Future Gen India INS Co Ltd, had approached the court challenging the order of the tribunal dated 12-11-2019, directing it to pay compensation of Rs 8,74,000 to the claimants of deceased Sadique Hussain.