Judgments1: Karnataka High Court Upholds GST & Central Excise Duty On Tobacco; Says 'Articles 246 & 246A Can Be Simultaneously Exercised' Case Title: M/s.V.S.Products v. Union of India Citation: 2022 LiveLaw (Kar) 7 The Karnataka High Court upheld the notification dated July 6, 2019 issued by the Union of India by which Central Excise Duty has been levied on tobacco and...
Judgments
Case Title: M/s.V.S.Products v. Union of India
Citation: 2022 LiveLaw (Kar) 7
The Karnataka High Court upheld the notification dated July 6, 2019 issued by the Union of India by which Central Excise Duty has been levied on tobacco and tobacco products. Justice S. Sunil Dutt Yadav said, "It needs to be kept in mind that taxation is not merely a source of raising revenue but is also recognised by the fiscal tool to achieve fiscal and social objective."
Case Title: Dilraj Rohit Sequeira v. Union Of India
Citation: 2022 LiveLaw (Kar) 8
The Karnataka High Court directed the State government to expeditiously consider and resolve the infrastructure requirements at district courts in Karnataka, for effective implementation of the Live streaming rules of judicial proceedings.
Case Title: Google India Private Limited v. Competition Commission Of India
Citation: 2022 LiveLaw (Kar) 9
The Karnataka High Court on Monday disposed of the petition filed by Google India challenging an order of the Competition Commission of India rejecting its request for access to the identity of app developers/ start-ups allegedly suffering harm on account of Google Play store payments policy 2020. A single-judge bench of Justice Krishna S Dixit took on record the joint memo filed by the parties–Google, Competition Commission of India and Alliance of Digital India Foundation (ADIF).
Case No: Criminal Petition No.2860/2021
Citation: 2022 Livelaw (Kar) 10
The Karnataka High Court has reiterated that a Court hearing a petition for quashing of FIR/ charge sheet under Section 482 CrPC cannot appreciate evidence as the same lies within the domain of the trial Court. Justice Sreenivas Harish Kumar said, "It is a settled principle that while deciding the petition under Section 482 of Cr.P.C, evidence cannot be appreciated as it lies within the domain of the Trial Court."
Case Title: Sr Admar Mutt v. Yashoda
Citation: 2022 LiveLaw (Kar) 11
The Karnataka High Court has held that a cook, working for the Sr Admar Mutt in Udupi district, cannot claim occupancy over appurtenant land which was granted to him by the Mutt for residential use. A division bench of Justice P S Dinesh Kumar and Justice P Krishna Bhatt allowed the appeal filed by the Mutt challenging the single judge bench order dated April 21, 2011, by which it had confirmed the Land tribunal order granting occupancy to the cook.
Case Title: State Of Karnataka v. Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharathi Shri Swamiji
Citation: 2022 Livelaw (Kar) 12
The Karnataka High Court has upheld a 2016 order of the trial court by which it discharged/ acquitted Raghaveshwara Bharathi Shri Swamiji, pontiff of the Shree Ramachandrapura Math, accused in a rape case. Justice V. Srishananda noted that the charge sheet in the matter was not filed by the authorized person. It thus observed, "If the charge sheet is filed by a person who is not the authorised person to file a final report as is contemplated under Section 173 of Cr.P.C, entire proceedings would definitely stand vitiated. Consequently, the further proceedings in pursuance of the said charge sheet is to be declared as non est."
Case Title: State Of Karnataka v. Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharathi Shri Swamiji
Citation: 2022 LiveLaw (Kar) 12
The Karnataka High Court has held that a victim/ complainant does not have the right to challenge each and every order that is passed by the trial Court. The filing of a revision petition itself is not a right which is granted to a party to a criminal trial, Justice V. Srishananda said while dismissing the revision petition filed by the alleged rape victim against the trial court acquitting Raghaveshwara Bharathi Shri Swamiji, pontiff of the Shree Ramachandrapura Math.
Case Title: Manmohankumar V.C v. The State Of Karnataka
Citation: 2022 LiveLaw (Kar) 13
The Karnataka High Court recently upheld the state government's power and prerogative to impose conditions such as restriction of 'age' and 'pass in 10th Standard' while considering the applications for grant of compassionate authorization under the Karnataka Essential Commodities Public Distribution System (Control) Order. Justice P S Dinesh Kumar said, "The State Government's power and prerogative to impose conditions while considering the applications for grant of authorisation is upheld."
Case Title: The Member Secretary v. Chief Secretary, Govt of Karnataka
Citation: 2022 Livelaw (Kar) 14
The Karnataka High Court has directed the Karnataka State Mental Health Authority to take appropriate and necessary steps for providing proper medical treatment to the mentally ill inmates of rehabilitation centres, aged homes, destitute centres, reception centres, asylums, orphanages centres, etc.
Former Chancellor of Alliance University, Madhukar G Angur, who has been arrested by the Enforcement Directorate in an alleged money laundering case, has approached the Karnataka High Court challenging the special court's order dated January 10, remanding him to ED custody till January 17. The case pertains to alleged money laundering and siphoning off University funds to the tune of Rs 107 crore. Angur has been booked u/s 3 and 4 of the Prevention of Money Laundering Act, 2002.
Other Developments
10: Karnataka High Court Issues Notice On Plea By Doctors Challenging One Year Compulsory Rural Service
Case Title: Dr. Keerthi Kurnool v. Union of India
Case No: WP 23258/2021
The Karnataka High Court has issued notice to the Union and State government and other respondents on a petition filed by one Dr. Keerthi Kurnool and 169 others, raising a challenge to Section 4 of the Karnataka Compulsory Service Training by Candidates Completed Medical Course Act, (KCS) 2012, which mandates one year compulsory rural service to all post graduate doctors.
11: Karnataka High Court Asks State To Strictly Implement SOP Banning Rallies, Dharnas Amid Covid Surge
Case Title: Nagendra Prasad A V v. State of Karnataka
Case No: WP 518/2022
The Karnataka High Court on Friday directed the state government to strictly execute the standard operating procedure (SOP) issued on January 4 in all districts in view of Covid-19 pandemic. It clarified that no rallies, dharnas or any other political gathering shall be permitted in the entire state, till the SOP is in operation.
A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj also took on record the statement made by the Karnataka Pradesh Congress Committee that it has temporarily suspended the 10-day padayatra demanding implementation of the Mekedatu project across the Cauvery river.
Case Title: Hasham Investment And Trading Company Private Limited v. India Awake For Transparency Pvt Ltd
Case No: CRL.CCC 9/2021
The Karnataka High Court on Friday convicted Advocate R Subramanian and P Sadanand, who represent the NGO India Awake For Transparency, for criminal contempt in the suo-motu proceedings initiated against them for filing multiple petitions on the same cause of action against former Wipro Chairman Azim Premji and the trust formed by him.
Case Title: High Court Legal Services Committee v. State Of Karnataka
Case No: WP 18628/2019
The Karnataka High Court on Friday directed the State government to inform whether it has notified any scheme for the welfare of stray animals. The Court also inquired whether the state government is contemplating to establish goshalas in each taluk of the state to protect these stray animals and also help the farmers from protecting their crops from these stray animals.
Case Title: Adinarayan Shetty v. State Of Karnataka
Case No: WP 13605/2021
The Karnataka High Court on Tuesday directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to submit a time bound plan in which it would complete the construction of the four-lane Ejipura-Kendriya Sadana flyover in the Koramangala area of Bengaluru. A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj orally said, "We don't want to hear the problems, we want a solution. We want you to give a date by when you will complete the construction."