Karnataka High Court Weekly Round-Up: August 22 To August 28, 2022

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

Judgments/Orders

1: 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.

2: 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.

3: 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.

4: 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.

5: 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.

6: 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.

7: 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.

8: 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.

9: 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.

10: "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.

11: 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.

12: 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%.

Other reports

1: Karnataka High Court Permits Govt To Use Idgah Maidan For Religious & Cultural Activities For Limited Period

Case Title: State of Karnataka v. The Karnataka State Board of AUQAF

Case NO: WA 809/2022

The Karnataka High Court on Friday modified a single judge bench order and permitted the State government to consider and pass appropriate orders on applications received by the Deputy Commissioner seeking use of the land in question (Idgah Maidan) for holding religious and cultural activities for a limited period from 31.08.2022 onwards.