Karnataka High Court Weekly Round-Up: January 2 To January 8, 2023

Priyanaka R Patil v. Kendriya Sainik Board. 2023 LiveLaw (Kar) 1

Ankit Kumar & others v. State of Karnataka & Others. 2023 LiveLaw (Kar) 2

M/S. Provident Housing Limited v. Karnataka Real Estate Regulatory Authority & ANR. 2023 LiveLaw (Kar) 3

Latha Choodiah v. Sree Balaji H. 2023 LiveLaw (Kar) 4

P Sunil Kumar & ANR v. State of Karnataka. 2023 LiveLaw (Kar) 5

THE CAP A PIE v. The South Western Railways. 2023 LiveLaw (Kar) 6

Karnataka State Association of the Management of Nursing v. Allied Health Science Institution And State of Karnataka & Others. 2023 LiveLaw (Kar) 7

Judgements/Orders:

Gender Stereotype, Unconstitutional: Karnataka High Court Strikes Down Guideline Excluding Married Daughters From Ex-Servicemen Scheme

Case Title: Priyanaka R Patil v. Kendriya Sainik Board

Case No: WRIT PETITION No.19722 OF 2021

Citation: 2023 LiveLaw (Kar) 1

The Karnataka High Court has struck down a criteria in the guidelines issued by the Department of Sainik Welfare and Resettlement, by which married daughters under the age of 25-years, were held ineligible for issuance of dependent Identity cards. The identity card, if issued, makes them eligible to apply for government jobs in the reserved category for ex-servicemen.

A single judge bench of Justice M Nagaprsanna allowed the petition filed by one Priyanka R Patil, who is the daughter of deceased Subedar Ramesh Khandappa Police Patil who was killed in action and struck down guideline 5(c) holding it to be violative of Articles 14 and 15 of the Constitution of India.

Karnataka Examinations Authority Cannot Withhold Students' Original Documents In Absence Of Enabling Rules: High Court

Case Title: Ankit Kumar & others v. State of Karnataka & Others

Case No: WRIT PETITION NO.25783 OF 2022

Citation: 2023 LiveLaw (Kar) 2

The Karnataka High Court has made it clear that Karnataka Examinations Authority (KEA) cannot, in the absence of enabling rules, withhold the original documents of medical students who have participated in the second round of counselling and secured a seat and then desire to participate in the counselling process elsewhere in other states.

A division bench of Justice S Sunil Dutt Yadav and Justice C M Joshi allowing the petition filed by Ankit Kumar and others, directed the Authority to consider their representations for return of original documents and return them forthwith.

Karnataka RERA Has No Authority Over Projects Granted 'Partial' Occupancy Certificate Prior To Enforcement Of Act: High Court

Case Title: M/S. Provident Housing Limited v. Karnataka Real Estate Regulatory Authority & ANR.

Case No: WRIT PETITION No.18448 OF 2021

Citation: 2023 LiveLaw (Kar) 3

The Karnataka High Court has set aside an order passed by the Karnataka Real Estate Regulatory Authority, directing M/S. Provident Housing Limited to refund an amount to an apartment purchaser, who filed a complaint with the Authority seeking refund after willingly withdrawing from the contract for sale and accepting the refund amount. The project had received partial occupancy certificate before the enactment of Real Estate (Regulation and Development Act), 2016.

A single judge bench of Justice M Nagaprsanna allowed the plea filed by the company and set aside the order dated 30.09.2020 by which the authority directed the company to refund an amount of Rs.6,84,494 to Shyama Shetty within 60 days, failing which, it would carry interest at 2% per month.

Former Husband’s Remarriage Not A Ground To Question Settlement Arrived Earlier For Divorce: Karnataka High Court

Case Title: Latha Choodiah v. Sree Balaji H.

Case No: WRIT PETITION No.11172 OF 2019

Citation: 2023 LiveLaw (Kar) 4

The Karnataka High Court has said that remarriage of the former husband cannot be a ground to question the settlement arrived between the couple after issues were settled before the court and decree of divorce was granted.

A single judge bench of Justice M Nagaprasanna dismissed a petition filed by one Lata Choodiah seeking to set aside the memorandum of settlement arrived at under Section 89 of the Civil Procedure Code read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 – the settlement was entered into on 07-08-2015 between her and her former husband.

Gelatin Sticks Sold Illegally Without Their Knowledge, Licence Holders Can't Be Held Vicariously Liable For Employee's Actions: Karnataka High Court

Case Title: P Sunil Kumar & ANR v. State of Karnataka

Case No: CRIMINAL PETITION NO.8969 OF 2022

Citation: 2023 LiveLaw (kar) 5

The Karnataka High Court has quashed criminal proceedings initiated against owners of a shop licensed for selling explosives to quarry contractors, on the ground that their employee had illegally sold the gelatine sticks to a person, who died in an explosion.

A single judge bench of Justice K Natarajan allowed the petition filed by P Sunil Kumar and others and quashed the proceedings initiated against them under Sections 3,5,6 of Explosive Substance Act and Section 9(b) of Explosive Act and 286, 304 of IPC.

[Tender] Action Taken In Excess Of Show Cause Notice Violates Principles Of Natural Justice, Untenable: Karnataka High Court

Case Title: THE CAP A PIE v. The South Western Railways

Case No: WRIT PETITION NO. 22793 OF 2022

Citation: 2023 LiveLaw (Kar) 6

The Karnataka High Court has said that it would amount to violation of principle of natural justice if a tender authority passes an order upon which it did not seek to issue show cause notice.

A single judge bench of Justice M Nagaprasanna recently allowed in part the petition filed THE CAP A PIE, questioning the termination of its contract by South Western Railways performing work of collection, washing and ironing of bedroll linen supplied to AC coach passengers in several trains and blacklisting the firm for two years.

'Committees Can Always Be Constituted By Legislative Council To Study Performance Of Nursing Colleges': Karnataka High Court

Case Title: Karnataka State Association of the Management of Nursing v. Allied Health Science Institution And State of Karnataka & Others

Case No: Writ Appeal 839/2022

Citation: 2023 LiveLaw (Kar) 7

The Karnataka High Court has dismissed an appeal challenging the order of the Single Judge bench which upheld the constitution of a Special House Committee, empowered to visit all Nursing Colleges and Allied Health Sciences Institutions in state and carry out inspections to ascertain whether they are functioning as per directions of the Indian Nursing Council and whether they have the necessary infrastructure and other facilities.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi dismissed the appeal filed by the Karnataka State Association of the Management of Nursing and Allied Health Science Institution.