NINGARAJU N v. OFFICIAL LIQUIDATOR OF M/S INDIA HOLIDAY (PVT) LTD. 2022 LiveLaw (Kar) 296

Suo-Motu v. The State Of Karnataka. 2022 LiveLaw (Kar) 297

AMIT GARG v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 298

DIVYA RAJESH HAGARAGI v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 299

IMRAN SIDDIQUI v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 300

George Varghese v Superintendent of Police. 2022 LiveLaw (Kar) 301

J MANJUNATH v THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 302

M/S. MADHI TRADING CO & Others v THE JOINT CHIEF CONTROLLER OF EXPLOSIVES. 2022 LiveLaw (Kar) 303

ELECTION COMMISSION OF INDIA v RAVISHIVAPPA PADASALAGI @ SAVADI & Others. 2022 LiveLaw (Kar) 304

Vijay Nishant & others And State of Karnataka & others. 2022 LiveLaw (Kar) 305

Ateeq Ahmed & others And National Investigating Agency. 2022 LiveLaw (Kar) 306

KHIRASA S/O. KRISHNA KATHARE & Others V. SHANTA ALIAS GEETA & Others. 2022 LiveLaw (Kar) 307

LATHA RAJANIKANTH v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 308

NATIONAL INVESTIGATION AGENCY v UNION OF INDIA & Others 2022 LiveLaw (Kar) 309

V.KRISHNAREDDY v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 310

THAHSEEN BEGUM @ TASI v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 311

MALNAD TECHNICAL EDUCATION SOCIETY v KARNATAKA INFORMATION COMMISSION. 2022 LiveLaw (Kar) 312

CHIDANANDA URS B.G v THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 313

STEEL HYPERMART INDIA PVT. LTD. & Others v. CENTRAL BUREAU OF INVESTIGATION. 2022 LiveLaw (Kar) 314

RELIANCE GENERAL INSURANCE COMPANY LIMITED v GANGAPPA S/O. CHINNAPPA SAUNSHI. 2022 LiveLaw (Kar) 315

V. SHASHIDHAR & others v. STATE OF KARNATAKA BY YELAHANKA. 2022 LiveLaw (Kar) 316

CHIRAG R. MEHTA v THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 317

M/S NITESH RESIDENCY HOTELS PVT.LTD v. UNION OF INDIA & Others. 2022 LiveLaw (Kar) 318

PERIYASWAMY M v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 319

Dr Shashidhar Subbanna v. State of Karnataka. 2022 LiveLaw (Kar) 320

HYDERABAD KARNATAKA NURSING MANAGEMENT ASSOCIATION v. THE CHAIRMAN KARNATAKA LEGISLATIVE COUNCIL & Others. 2022 LiveLaw (Kar) 321

PADMANABHA T G v. M/S RADICAL WORKS PVT. LTD. 2022 LiveLaw (Kar) 322

MS. NOWHERA SHAIK v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 323

ADARSHA SUGAMA SANGEETHA ACADEMY v. VRINDA S. RAO & others. 2022 LiveLaw (Kar) 324

K.C.Ramu @ Ramanna v. State of Karnataka. 2022 LiveLaw (Kar) 325

HUSAINSAB v. MODINABI @ FAKRUBI. 2022 LiveLaw (kar) 326

G VARADARAJU v. UNION OF INDIA. 2022 LiveLaw (Kar) 327

B T Raju And State of Karnataka. 2022 LiveLaw (Kar) 328

HIGH COURT OF KARNATAKA v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 329

K.P.N. SHENOY & others v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 330

CHANDRASHEKAR R v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 331

MS. H. GAYATHRI v UNION OF INDIA & Others. 2022 LiveLaw (Kar) 332

NIHARIKA D RAO v. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE. 2022 LiveLaw (Kar) 333

PUSHPA B. GAVADI v THE GOVERNMENT OF KARNATAKA. 2022 LiveLaw (Kar) 334

RAMA @ BANDE RAMA v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 335

LAKSHMIBAI v THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 336

INTEL TECHNOLOGY INDIA PVT LTD v. COMPETITION COMMISSION OF INDIA. 2022 LiveLaw (Kar) 337

MANISH KUMAR SINGH @ MANISH v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 338

GAS TURBINE RESEARCH ESTABLISHMENT DEFENSE UNIT THE DEFENCE ESTATE OFFICER v. NAZIMA SALIQ & Others. 2022 LiveLaw (Kar) 339

ROSHAN KUMAR MISHRA v. THE STATE OF KARNATAKA. 2022 LiveLaw (kar) 340

MURTHY v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 341

HARSHAVARDHANA RAO K v. UNION OF INDIA. 2022 LiveLaw (Kar) 342

THE BRANCH MANAGER ORIENTAL INSURANCE CO.LTD V TAHASEENTAJ W/O SHAMIULLA @ GULLAB, & Others. 2022 LiveLaw (Kar) 343

Judgments/Orders

1. Karnataka High Court Orders ₹5 Lakhs Compensation To Man Wrongly Arrested, Says Arresting Officer Must Ascertain Identity

Case Title: NINGARAJU N v. OFFICIAL LIQUIDATOR OF M/S INDIA HOLIDAY (PVT) LTD.

Case No: COMPANY APPLICATION NO. 96 OF 2022 C/W COMPANY PETITION NO.26 OF 2008.

Citation: 2022 LiveLaw (Kar) 296

The Karnataka High Court has held that whenever any warrant is issued, whether bailable or non-bailable, the arresting officer is required to ascertain the identity and be satisfied that the person proposed to be arrested is the same person as against whom the warrant has been issued.

2. Karnataka High Court Directs State To Ensure Compliance Of Order Restricting Protests, Processions To Bengaluru's Freedom Park, Closes PIL

Case Title: Suo-Motu v. The State Of Karnataka

Case No: WP 5781/2021

Citation: 2022 LiveLaw (Kar) 297

The Karnataka High Court on Monday directed the State government to ensure compliance of the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 issued under the Karnataka Police Act, permitting procession, dharna and protest only at Freedom Park in Bengaluru.

3. Criminal Law Can't Be Used For 'Recovery Of Money' Unless Offence Of Cheating/ Criminal Breach Of Trust Is Established: Karnataka High Court

Case Title: AMIT GARG v. STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO.4856 OF 2021

Citation: 2022 LiveLaw (Kar) 298

The Karnataka High Court has said that the criminal law cannot be set into motion for recovery of money paid under a contract, unless the offence of cheating or even criminal breach of trust is established.

4. PIL Not Maintainable In Service Matters: High Court Dismisses Challenge To Appointment Of Special Officer To State Nursing Education Regulation Authority

Case Title: DIVYA RAJESH HAGARAGI v. STATE OF KARNATAKA

Case No: WP 12388/2020

Citation: 2022 LiveLaw (Kar) 299

The Karnataka High Court on Tuesday dismissed a public interest litigation filed by Divya Rajesh Hagaragi who is a prime accused in the Police Sub-Inspector Recruitment Scam, questioning the appointment of Dr. N. Ramakrishna Reddy as a Special Officer to the Karnataka Nursing and Paramedical Sciences Education (Regulation) Authority.

5. Inordinate Delay In Lodging "Extortion" Complaint Gives Rise To Doubts As To Its Veracity: Karnataka High Court

Case Title: IMRAN SIDDIQUI v STATE OF KARNATAKA

Case NO: WRIT PETITION No.10023 OF 2022 C/W WRIT PETITION No.10029 OF 2022.

Citation: 2022 LiveLaw (Kar) 300

The Karnataka High Court has said that unexplained delay in registering a complaint of extortion under Section 384 of the Indian Penal Code, gives rise to embellishment to a particular complaint.

6. Sanction U/S 137 Customs Act Not Required For Prosecution On Charges Under Prevention Of Corruption Act: Karnataka High Court

Case Title: George Varghese v Superintendent of Police

Case No: CRIMINAL REVISION PETITION No.1193 OF 2012

Citation: 2022 LiveLaw (Kar) 301

The Karnataka High Court has held that sanction under Section 137 of the Customs Act, to prosecute an officer of the Customs Department, charged under the offences punishable under the Prevention of Corruption Act, is not required.

7. Karnataka High Court Denies Bail To Former Bengaluru Urban Dy Commissioner In Corruption Case

Case Title: J MANJUNATH v THE STATE OF KARNATAKA

Case No: CRL.P 6578/2022

Citation: 2022 LiveLaw (kar) 302

The Karnataka High Court on Wednesday dismissed the bail petition filed by IAS Officer J Manjunath, who has been arrested by the Anti Corruption Bureau (ACB) in a bribery case.

8. Fundamental Right To Trade Under Article 19 Not Unrestricted: High Court Upholds Ban On Firecracker Business In Congested Areas Of Bengaluru

Case Title: M/S. MADHI TRADING CO & Others v THE JOINT CHIEF CONTROLLER OF EXPLOSIVES.

Case No: WRIT PETITION NO.46677 OF 2013

Citation: 2022 LiveLaw (Kar) 303

The Karnataka High Court has upheld the orders passed by the Director General of Police back in 2013 by which petitioners running the business in crackers & fireworks items were prohibited from carrying on their businesses in the congested areas of Bangalore city, mentioned in the order.

9. Constitutional Functionaries Can't Be Summoned As Witnesses On Mere Asking': Karnataka High Court Quashes Subpoena Qua Ex-Chief Of ECI

Case Title: ELECTION COMMISSION OF INDIA v RAVISHIVAPPA PADASALAGI @ SAVADI & Others

Case No: OSA No.100001 OF 2022

Citation: 2022 LiveLaw (Kar) 304

The Karnataka High Court has "set at naught" a single bench order summoning Ex-Chief Election Commissioner of India, Sunil Arora, as a witness in an Election Petition calling in question the election of BJP candidate Mahesh Kumatalli from Athani Assembly Constituency in 2019.

10. Karnataka HC Directs State Wildlife Board To Reconsider Proposal To Declare Hesaraghatta Grassland As "Reserve"

Case Title: Vijay Nishant & others And State of Karnataka & others

Case No: W.P No 6374 of 2021 C/W W.P No. 11738 of 2021

Citation: 2022 LiveLaw (Kar) 305

The Karnataka High Court has directed the State Board for Wildlife to reconsider the proposal submitted by Chief Conservator of Forests for declaring Hesaraghatta Grassland as Conservation Reserve.

A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty allowed the petitions filed by Vijay Nishant and others and quashed the order dated 19.01.2021 of the Board rejecting the proposal.

11. Bengaluru Riots | Attacking Police With Petrol Bottles Amounts To 'Terrorist Act' Under UAPA: Karnataka High Court

Case Title: Ateeq Ahmed & others And National Investigating Agency

Case No: CRIMINAL APPEAL No.814/2022 C/W CRIMINAL APPEAL No.788/2022

Citation: 2022 LiveLaw (Kar) 306

The Karnataka High Court has said that use of petrol bottles while attacking police personnel and police stations by accused persons during the Bengaluru Riots of 2020 would prima-facie constitute 'Terrorist Act' under Section 15 of Unlawful Activities (Prevention) Act, 1967.

12. Suit For Partition & Separate Possession Can't Be Rejected At Threshold On Ground Of Limitation: Karnataka High Court

Case Title: KHIRASA S/O. KRISHNA KATHARE & Others V. SHANTA ALIAS GEETA & Others

Case No: CIVIL REVISION PETITION NO. 100095/2021

Citation: 2022 LiveLaw (Kar) 307

The Karnataka High Court has said that a suit for a primary relief of partition and separate possession cannot be rejected at the threshold citing Section 27 of the Limitation Act 1963.

13. Karnataka High Court Quashes Cheating Case Against Actor Rajanikanth's Wife, Sustains Forgery Complaint

Case Title: LATHA RAJANIKANTH v STATE OF KARNATAKA

Case No: CRIMINAL PETITION No.10145 OF 2021

Citation: 2022 LiveLaw (Kar) 308

In partial relief to superstar Rajanikanth's wife Latha Rajanikanth, the Karnataka High Court has quashed charges of cheating, giving false statement and using evidence known to be false, levelled against her in a private complaint filed by a Chennai-based advertising company.

14. Karnataka High Court Permits NIA To Verify Documents Submitted By 12 Alleged Foreigners With UIDAI To Fraudulently Obtain Aadhar Cards

Case Title: NATIONAL INVESTIGATION AGENCY v UNION OF INDIA & Others

Case No: WP 2360/2022

Citation: 2022 LiveLaw (Kar) 309

The Karnataka High Court on Wednesday directed UIDAI (Unique Identification Authority of India) to give access to the National Investigation Agency (NIA) to the documents submitted by 12 alleged Bangladeshi nationals to obtain the Aadhaar Cards, so as to verify their genuineness.

15 .Individual Performing 'Public Duty' Comes Under Purview Of Prevention Of Corruption Act: Karnataka High Court

Case Title: V.KRISHNAREDDY v. THE STATE OF KARNATAKA

Case No: CRIMINAL PETITION No.685 OF 2022

Citation: 2022 LiveLaw (Kar) 310

The Karnataka High Court has said that the General Manager of Nandini Milk Products, which is a unit of KMF, a cooperative society, would become a 'public servant' within the Prevention of Corruption Act, 1998, for the ACB to register a crime.

16. Karnataka High Court Refuses To Quash POCSO Case Against School Teacher Who 'Removed Student's Pants' As Punishment

Case Title: THAHSEEN BEGUM @ TASI v STATE OF KARNATAKA

Case No: WRIT PETITION NO. 12097 OF 2022

Citation: 2022 LiveLaw (Kar) 311

The Karnataka High Court has refused to quash a case of sexual harassment registered against a school teacher under the provisions of the Protection of Children from Sexual Offences Act for allegedly beating a 5-year-old student and removing her pants, revealing the body of the child as a measure of punishment.

17. Whether Govt Aided Educational Institutions Run By Societies Are Subject To RTI Act? Karnataka HC Asks State Information Commission To Decide

Case Title: MALNAD TECHNICAL EDUCATION SOCIETY v KARNATAKA INFORMATION COMMISSION

Case No: W.P.NO.5805/2015

Citation: 2022 LiveLaw (Kar) 312

The Karnataka High Court has directed the State Information Commission to decide whether societies and educational institutions (aided) run by the societies are subject to Right to Information Act, 2005.

18. Karnataka High Court Abolishes Anti-Corruption Bureau; Transfers Cases To Lok Ayukta

Case Title: CHIDANANDA URS B.G v THE STATE OF KARNATAKA

Case No: WP 19386/2016

Citation: 2022 LiveLaw (Kar) 313

The Karnataka High Court on Thursday set aside the government notification issued in the year 2016, constituting the Anti Corruption Bureau (ACB) in the state and vesting with it the powers of the Karnataka Lokayukta Police to investigate corruption cases against public servants.

19. ACB Was Constituted To Shield Corrupt Politicians, Officers From Lokayukta: Karnataka High Court

Case Title: CHIDANANDA URS B.G v THE STATE OF KARNATAKA

Case No: WP 19386/2016

Citation: 2022 LiveLaw (Kar) 313

The Karnataka High Court in its order abolishing the Anti Corruption Bureau, has observed that the very Constitution of ACB by the Government is to shield the Corrupt politicians, Ministers, and the officers from the watchful eyes of the Lokayukta and that Government is weakening the institution of Lokayukta to protect these persons from prosecution, inter alia under the provisions of the Prevention of Corruption (PC) Act.

20. Loan Fraud | Bank Can't Initiate Criminal Proceedings When Borrower's Declaration As 'Wilful Defaulter' Is Stayed By Court: Karnataka HC

Case Title: STEEL HYPERMART INDIA PVT. LTD. & Others v. CENTRAL BUREAU OF INVESTIGATION

Case No: CRIMINAL PETITION No.919 OF 2021

Citation: 2022 LiveLaw (Kar) 314

The Karnataka High Court has quashed an FIR registered by CBI's Banking Securities Fraud Branch against Steel Hypermart India and its founder for alleged bank fraud of over Rs. 200 crore.

A single judge bench of Justice M Nagaprasanna observed that the company's declaration as a 'wilful defaulter' was stayed by the Court and the matter is pending before the Review Committee of the Indian Bank.

21. Married Daughters Entitled To Motor Accident Compensation For Parent's Death; Can't Discriminate Between Sons & Daughters : Karnataka High Court

Case Title: RELIANCE GENERAL INSURANCE COMPANY LIMITED v GANGAPPA S/O. CHINNAPPA SAUNSHI

Case No: MISCELLANEOUS FIRST APPEAL NO. 102868 OF 2014

Citation: 2022 LiveLaw (Kar) 315

The Karnataka High Court has said that even married daughters are entitled for compensation on all the heads from the insurance company on the death of their parent in an accident.

A single judge bench of Justice H P Sandesh, sitting at Dharwad made the observation while dismissing the appeal filed by Reliance General Insurance Company Ltd challenging the order of the Motor Accidents Claim Tribunal dated May 9, 2014.

22. Sedition Not Made Out In Absence Of Incitement Of Disaffection Towards Govt: Karnataka HC Quashes Case Against Police Association Leader

Case Title: V. SHASHIDHAR & others v. STATE OF KARNATAKA BY YELAHANKA

Case No: WRIT PETITION NO.6376/2019 (GM-RES) A/W CRIMINAL PETITION NO.4811/2020

Citation: 2022 LiveLaw (Kar) 316

The Karnataka High Court has quashed the case of sedition registered against a dismissed police constable who formed a Police Association namely Akhila Karnataka Police Maha Sangha (Welfare Body) in the year 2016 and was accused of spearheading a movement to instigate the lower rung of the Police force to act against the present elected Government

23. S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court

Case Title: CHIRAG R. MEHTA v THE STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 5712 OF 2022

Citation: 2022 LiveLaw (Kar) 317

The Karnataka High Court has reiterated that a petitioner/accused would become entitled to all copies of the charge sheet material, denial of which would undoubtedly be contrary to the principle of fairness and result in an unfair trial.

24. Writ Court Cannot Examine Transactions Between Bank & Borrower As They Are Essentially Contractual In Nature: Karnataka High Court

Case Title: M/S NITESH RESIDENCY HOTELS PVT.LTD v. UNION OF INDIA & Others

Case NO: WRIT PETITION NO.2004 OF 2022

Citation: 2022 LiveLaw (Kar) 318

The Karnataka High Court has said that writ courts neither have means nor the expertise to re-evaluate the "prudential decisions" of the Banks that are made in the ordinary course of their commercial transactions with accumulated wisdom in the trade.

25. POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC

Case Title: PERIYASWAMY M v. STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 6288 OF 2022

Citation: 2022 LiveLaw (Kar) 319

In connection with a trial under the POCSO Act, the Karnataka High Court has said that an application made by the accused under Section 311 of the CrPC for summoning of material witnesses should be ordinarily permitted unless the Court comes to a conclusion that it is a ruse to drag the proceedings or permitting it, would become an abuse of the process of the law.

26. Husband Asking Wife To Pursue Further Education, Expressing Views About Having A Child Not 'Cruelty': Karnataka High Court

Case Title: Dr Shashidhar Subbanna v. State of Karnataka

Case no: Criminal Revision petition no 1612/2016 C/W Criminal revision petition 1613/2016

Citation: 2022 LiveLaw (Kar) 320

The Karnataka High Court has observed that a husband suggesting to his wife or asking her to pursue her education further, cannot be considered as cruelty.

27. Karnataka High Court Nod To Inspection Of Nursing Colleges By Legislative Panel

Case Title: HYDERABAD KARNATAKA NURSING MANAGEMENT ASSOCIATION v. THE CHAIRMAN KARNATAKA LEGISLATIVE COUNCIL & Others

Case No: WRIT PETITION No.9438 OF 2022 C/w. WRIT PETITION No. 9441 OF 2022 & WRIT PETITION No.9456 OF 2022

Citation: 2022 LiveLaw (Kar) 321

The Karnataka High Court has upheld the constitution of a Special House Committee which has been empowered to visit all the Nursing Colleges and Allied Health Sciences Institutions in the State and carry out inspections to ascertain whether they are functioning as per the directions of Indian Nursing Council and whether they have the necessary infrastructure and other facilities.

28. Negotiable Instruments Act| Delay In Disposal Of Case Not Ground To Grant Interim Compensation U/S 143A: Karnataka High Court

Case Title: PADMANABHA T G v. M/S RADICAL WORKS PVT. LTD

Case No: CRIMINAL PETITION No.524/2022

Citation: 2022 LiveLaw (Kar) 322

The Karnataka High Court has said that delay in disposal of case filed under Section 138 of the Negotiable Instruments Act cannot be a ground to grant interim compensation under Section 143A of the Act.

29. Cooks Recruited Under Karnataka Govt's 'Mid-Day Meal Scheme' Don't Fall Within Purview Of Minimum Wages Act: High Court

Case Title: MS. NOWHERA SHAIK v. STATE OF KARNATAKA

Case No: WRIT PETITION NO. 6926 OF 2018

Citation: 2022 LiveLaw (Kar) 323

The Karnataka High Court has said that head cooks and cooks employed on contract basis under the 'Bisi Oota Mid-day Meal scheme', being run by the state government do not qualify for wages under the Minimum Wages Act, 1948.

30. Civil Courts Must Ascertain Religious/ Charitable Nature Of 'Trust' Before Exercising Jurisdiction U/S 92 CPC: Karnataka High Court

Case Title: ADARSHA SUGAMA SANGEETHA ACADEMY v. VRINDA S. RAO & others

Case No: WRIT PETITION NO.33264 OF 2016

Citation: 2022 LiveLaw (Kar) 324

The Karnataka High Court has said that for exercising jurisdiction under Section 92 of the Code of Civil Procedure, the civil court is to first draw a factual finding from the material placed on record whether the Trust is a public charitable or a religious Trust and also whether the persons approaching the Court have any interest in the Trust.

31. Karnataka High Court Reverses Order Discharging Wife For Bigamy, First Husband's Murder; Says Trial Necessary To Appreciate Evidence

Case Title: K.C.Ramu @ Ramanna v. State of Karnataka

Case No: CRIMINAL REVISION PETITION No.206 OF 2018 C/w. CRIMINAL PETITION No.711 OF 2018 AND CRIMINAL PETITION No.7026 OF 2019.

Citation: 2022 LiveLaw (Kar) 325

The Karnataka High Court has set aside an order of the Sessions Court discharging a woman accused of bigamy and hatching a conspiracy with her second husband to murder her first husband.

32. S.65 Mohammedan Law | First Cousin Brother On Mother's Side Not Entitled To Share In Deceased Uncle's Property: Karnataka High Court

Case Title: HUSAINSAB v. MODINABI @ FAKRUBI

Case No: R.F.A.No.1979/2005

Citation: 2022 LiveLaw (kar) 326

The Karnataka High Court has held that a first cousin brother on the mother's side is not entitled to a share in the property of the deceased uncle, under the category of residuaries, as per Section 65 of the Mohammedan Law.

33. Karnataka High Court Upholds Constitutional Validity Of S.394 CrPC For Abatement Of Appeals On Death Of Accused

Case Title: G VARADARAJU v. UNION OF INDIA

Case No: WRIT PETITION NO.13145 OF 2022

Citation: 2022 LiveLaw (Kar) 327

The Karnataka High Court has dismissed a petition assailing the constitutional validity of section 394(1) of the Code of Criminal Procedure, 1973, which provides for abatement of criminal appeals on the death of accused.

34. Corruption Rampant In Govt Offices, No File Moves Without 'Bribe': Karnataka High Court

Case Title: B T Raju And State of Karnataka

Case No: Criminal Petition 5614 of 2022

Citation: 2022 LiveLaw (Kar) 328

The Karnataka High Court has observed that nowadays, in Government offices, corruption has become rampant and no file is moved without a 'bribe'.

A single judge bench of Justice K Natarajan made the observation while refusing bail to BT Raju, working as Assistant Engineer with the Bangalore Development Authority (BDA). The Anti-Corruption Bureau had arrested him for demanding and accepting a bribe of Rs 5 lakh.

35. Monkey Menace: Karnataka High Court Directs Local Bodies To Properly Implement State's SOP For Capture & Relocation

Case Title: HIGH COURT OF KARNATAKA v. THE STATE OF KARNATAKA

Case No: WP 14143/2021

Citation: 2022 LiveLaw (Kar) 329

The Karnataka High Court on Monday directed Bruhat Bengaluru Mahanagara Palike and Urban Local Bodies in the city to properly implement the Standard Operating Procedure (SOP) framed by the government to tackle 'monkey menace' and to deal with the issue of their capture and relocation.

36. S.3(1)(p) SC/ST Act Can't Be Used As A Tool For 'Arm Twisting' After Accepting Pensionary Benefits: Karnataka High Court

Case Title: K.P.N. SHENOY & others v STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 1133 OF 2021

Citation: 2022 LiveLaw (Kar) 330

The Karnataka High Court has held that the disciplinary proceedings instituted against a bank employee, who happens to be a member of the Scheduled Caste community and is accused of committing irregularities, cannot be challenged under Section 3(1)(p) of the SC/ST Act, after such employee has accepted the penalty and has received the pension.

37. Contents Of "Azan" Don't Violate Rights Of Other Faiths Under Article 25/26 Constitution: Karnataka High Court Disposes PIL

Case Title: CHANDRASHEKAR R v. THE STATE OF KARNATAKA

Case No: WP 10473/2022

Citation: 2022 LiveLaw (Kar) 331

Observing that Article 25 and 26 of the Constitution embodies the principle of "religious tolerance" which is a characteristic of Indian civilization, the Karnataka High Court on Monday disposed of a public interest litigation alleging that the contents of Azan (call for prayers in Islam) hurt the sentiments of believers of other faiths.

38. Distribution Of State Largesse Must Be Reasonable, Policies Cannot Be Construed By Keeping Common Sense In "Cold Storage": Karnataka High Court

Case Title: MS. H. GAYATHRI v UNION OF INDIA & Others

Case No: WRIT PETITION NO.16 OF 2021

Citation: 2022 LiveLaw (Kar) 332

State instrumentalities under Article 12 of the Constitution cannot act arbitrarily or unreasonably whilst considering the claim of citizens for the grant of State largesse, the Karnataka High Court has said.

39. Karnataka Authorities Act On Plea Filed By 9-Yr-Old To Curb Stray Dog Menace In NIMHANS

Case Title: NIHARIKA D RAO v. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE.

Case No: WRIT PETITION No.38851/2018

Citation: 2022 LiveLaw (Kar) 333

The Karnataka High Court recently disposed of a petition filed by a nine year old girl after the Bruhat Bengaluru Mahanagara Palike (BBMP) and the Director of NIMHANS assured the court that measures have been taken to curb the stray dog menace in the institute's campus and in its residential quarters.

40. Writ Of Quo Warranto Can't Be Issued Unless Appointment To Public Office Made In Violation Of Constitution/ Statutory Provisions: Karnataka HC

Case Title: PUSHPA B. GAVADI v THE GOVERNMENT OF KARNATAKA

Case NO: W.P. NO.22546 OF 2021

Citation: 2022 LiveLaw (Kar) 334

The Karnataka High Court has dismissed a petition filed by a postgraduate law student questioning the appointment of Dr. Shanth Averahally Thimmaiah as the Chairman of Karnataka State Pollution Control Board.

41. Karnataka High Court Quashes POCSO Case After Prosecutrix Admits Consensual Relationship, Marries Accused On Attaining Majority

Case Title: RAMA @ BANDE RAMA v STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 6214 OF 2022

Citation: 2022 LiveLaw (Kar) 335

The Karnataka High Court has quashed a rape complaint registered against an accused after he married the prosecutrix during the pendency of the proceedings and produced adequate documents in that regard.

42. S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC

Case Title: LAKSHMIBAI v THE STATE OF KARNATAKA

Case NO: CRIMINAL PETITION NO. 7649 OF 2022

Citation: 2022 LiveLaw (Kar) 336

The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner.

43. "Abortive Attempt To Scuttle Innocuous Statutory Proceedings": Karnataka HC Rejects Intel's Plea Against CCI Probe With ₹10 Lakh Cost

Case Title: INTEL TECHNOLOGY INDIA PVT LTD v. COMPETITION COMMISSION OF INDIA

Case No: WRIT PETITION NO.50727 OF 2019

Citation: 2022 LiveLaw (Kar) 337

The Karnataka High Court has dismissed a petition filed by Intel Technology assailing a 2019 CCI order directing a probe into its warranty policy with Rs. 10 lakh cost.

44. S.482 CrPC | Mere Production Of CDR To Show Absence Of Accused At Time Of Alleged Offence Cannot Lead To Closure Of Proceedings: Karnataka HC

Case Title: MANISH KUMAR SINGH @ MANISH v. STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 6794 OF 2022

Citation: 2022 LiveLaw (Kar) 338

The Karnataka High Court has observed that mere production of call record details by the accused to show that he was not present at the time of occurrence of alleged incident, would not lead to closure of criminal proceedings by exercising powers under Section 482 of CrPC.

45. Interest Payable On Solatium Under Land Acquisition Act Is 9% For First Year & 15% For Subsequent Years: Karnataka High Court

Case Title: GAS TURBINE RESEARCH ESTABLISHMENT DEFENSE UNIT THE DEFENCE ESTATE OFFICER v. NAZIMA SALIQ & Others

Case No: WRIT PETITION NO. 10625 OF 2022

Citation: 2022 LiveLaw (Kar) 339

The Karnataka High Court recently held that in cases of land acquisition where payment of compensation is pending, interest to be paid on compensation amount for the first year is to be at the rate of 9% per annum and subsequently, it is to be at the rate of 15%.

46. Bhang Not Covered Under NDPS Act, Prosecution Must Show It Is Prepared From Charas/ Ganja: Karnataka High Court

Case Title: ROSHAN KUMAR MISHRA v. THE STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO.6611 OF 2022

Citation: 2022 LiveLaw (kar) 340

The Karnataka High Court has granted bail to a man accused of possessing Bhang, holding that Bhang is not covered under the Narcotics Drugs and Psychotropic Substances Act (NDPS).

47. Transfer Orders Cannot Be Passed In Absence Of Vacancy, Must Show Place Of New Posting: Karnataka High Court

Case Title: MURTHY v. THE STATE OF KARNATAKA

Case No: WRIT PETITION NO. 14860 OF 2022

Citation: 2022 LiveLaw (Kar) 341

The Karnataka High Court has directed the State government to ensure that if transfers are made after the period of general transfers, no request for transfers should be entertained or orders made unless there is a vacant place.

48. No Notice Ought To Be Issued To The Subject Prior To Issuance Of Look Out Circular: Karnataka High Court

Case Title: HARSHAVARDHANA RAO K v. UNION OF INDIA

Case No: WRIT PETITION No.12185 OF 2022

Citation: 2022 LiveLaw (Kar) 342

The Karnataka High Court has held that no notice ought to be issued to the subject of the Look out circular prior to its issuance.

49. Motor Vehicle Act | Insurer Liable To Compensate Spare Driver If Only One Claim Made: Karnataka High Court

Case title: THE BRANCH MANAGER ORIENTAL INSURANCE CO.LTD V TAHASEENTAJ W/O SHAMIULLA @ GULLAB, & Others

Case No: M.F.A.No.23205/2011 c/w M.F.A.No.23206/2011

Citation: 2022 LiveLaw (Kar) 343

The Karnataka High Court has reiterated that the insurer is very much liable to pay compensation in respect of a spare driver under Section 147 of Motor Vehicles Act, if there is only one claim under the policy.