Karnataka High Court Weekly Round-Up: July 11 To July 17, 2022

Judgments/Orders/Reports

1. Hindu Marriage Act | Able-Bodied Husband Having Earning Capacity Can't Seek Permanent Alimony From Wife:Karnataka High Court

Case Title: T.SADANANDA PAI v. SUJATHA S PAI

Case No: M.F.A. NO.1797 OF 2021

Citation: 2022 LiveLaw (Kar) 255

The Karnataka High Court has held that an able bodied man having the capacity to earn cannot seek for permanent alimony on divorce from his wife.

2. 'Sexual Acts Committed With Minor After Marriage': Karnataka High Court Grants Bail To POCSO Accused

Case Title: SYED SHABAJ v. SMT. PREMA & ANR

Case No: CRIMINAL PETITION NO. 3422/2022

Citation: 2022 LiveLaw (Kar) 256

The Karnataka High Court has granted bail to an accused arrested under the Protection of Children from Sexual Offences Act and Child Marriage Act while noting that the accused had subjected the minor girl to sexual act "after" they had got married, following elopement.

3. Criminal Trespass Complaint Can't Be Made If Property Is Not In Possession Of Complainant: Karnataka High Court

Case Title: SHIVASWAMY & Others v. THE STATE OF KARNATAKA & ANR

Case No: CRIMINAL PETITION No.2776 OF 2022

Citation: 2022 LiveLaw (Kar) 257

The Karnataka High Court has held that a complaint of criminal trespass cannot be made if the property on which the accused is alleged to have trespassed is not in the possession of the complainant.

4. Decision Of Adjudicating Authority Can't Be Doubted Merely Because It Is Govt Limb, Reliable Evidence Indicating Bias Is Must: Karnataka High Court

Case Title: Philips India Limited v. State of Karnataka & Others

Case No: W.A. NO. 557 OF 2022

Citation: 2022 LiveLaw (Kar) 258

The Karnataka High Court has held that there has to be reliable evidence to indicate that the authority adjudicating objections is biased and the decision cannot be questioned merely because the officer is a limb of the Government.

5. False Promise Of Marriage Must Have Direct Nexus To Woman's Decision To Engage In Sexual Act To Attract Offence Of Rape: Karnataka High Court

Case Title: Shivu @ Shiv Kumar v. State of Karnataka & ANR

Case No: Criminal Petition No 3596/2018

Citation: 2022 LiveLaw (Kar) 259

The Karnataka High Court has observed that false promise of marriage must be of immediate relevance or bear a direct nexus to the woman's decision to engage in the sexual act, to attract an offence of rape.

6. Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident

Case Title: MISS. PRIYANKA PRADEEP GAVADE v. THE DIVISIONAL MANAGER

Case NO: MFA NO. 25028 OF 2010

Citation: 2022 LiveLaw (Kar) 260

The Karnataka High Court has said if the medical evidence indicates that a minor child cannot straighten one of the lower limbs and one of the upper limbs has lost its power for use, it is as good as the human body becoming useless, so far as the person's ability to work and earn livelihood is concerned. Thus, the minor claimant has become functionally 100% disabled even when the medical expert has stated she has suffered 50 percent disability.

7. Wife Living Separately Commits Suicide In Parental House: Karnataka High Refuses To Quash Dowry Death Case Against Husband Citing Disputed Facts

Case title: NIRANJAN HEGDE v. THE STATE OF KARNATAKA

Case No: CRIMINAL PETITION No.5657 OF 2022

Citation: 2022 LiveLaw (Kar) 261

The Karnataka High Court has dismissed a petition filed by a husband seeking to quash a case of dowry death registered against him under Sections 304B and 498A of IPC, after his wife, living separately since over two years, committed suicide in her parental house.

8. Karnataka High Court Dismisses Grasim's Plea Against Increase In Employees' Retirement Age To 60 Yrs

Case Title: THE MANAGEMENT OF M/S GRASIM INDUSTRIES LTD v. THE GENERAL SECRETARY HARIHAR POLYFIBERS, EMPLOYEES UNION & Others

Case NO: WRIT APPEAL NO. 100250 OF 2021

Citation: 2022 LiveLaw (Kar) 262

The Karnataka High Court at Dharwad has dismissed an intra-court appeal filed by the Management of M/S Grasim Industries, challenging a single judge bench order which upheld the modification of Certified Standing Order passed by the Labour Commissioner, that enhanced the retirement age of employees in private sector from 58 to 60 years.

9. Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident: Karnataka HC

Case Title: KARAN MENON v. STATE OF KARNATAKA

Case No: CRIMINAL PETITION No.9334 OF 2018

Citation: 2022 LiveLaw (Kar) 263

The Karnataka High Court has said that Section 468(2)(c) of CrPC specifies that no court shall take cognizance of the offences punishable with imprisonment for a period of three years after the expiry of three years from the date of alleged incident.

10. FIR For Cognizable Offences Must Be Registered Before Conducting Investigation/ Raid: Karnataka High Court Quashes Case Against Dance Bar

Case Title: P.N.CHANDRASHEKAR v. STATE OF KARNATAKA

Case No: CRIMINAL PETITION No.7589/2019

Citation: 2022 LiveLaw (Kar) 264

The Karnataka High Court has said that registration of a First Information Report (FIR) invoking cognizable offences after conducting the raid on a dance bar is not permissible in law.

11. Malali Mosque Dispute: Karnataka High Court Rejects Challenge To Civil Court's Decision To Decide Maintainability Before Ordering Masjid Survey

Case Title: Dhananjay v. Jumma Masjid Malalipete

Case No: WP 11528/2022

Citation: 2022 LiveLaw (Kar) 265

The Karnataka High Court on Friday rejected a petition filed questioning the decision of the Additional City Civil court in Mangalore to first decide on the aspect of maintainability of the suit for permanent injunction, seeking to restrain the Malali Jumma Masjid authorities from dismantling the old tiled-structure of masjid said to be resembling a temple, before deciding on the application for appointment of a court commissioner to survey the masjid.

Other reports

1. Karnataka Consumer Forum Orders Byju's To Refund Fees To Student Over Failure To Provide 'Proper Learning App'

A district consumer forum in an ex-parte order issued on May 10, directed Think & Learn Pvt. Ltd, which provides Byjus's learning app, to refund fees of a student who alleged that the ed-tech company did not provide him with a proper learning app and offered a tab which was cheaper in value than the one initially promised.

2. Karnataka HC Judge Records In Written Order The Threat Of Transfer Received From Sitting Judge For Passing Orders Against ACB Chief

Case Title: MAHESH P S v. STATE OF KARNATAKA

Case No: CRL.P 4909/2022

Justice H P Sandesh of the Karnataka High Court, who made a sensational revelation last week that he had received an indirect threat of transfer for passing orders against the head of Anti Corruption Bureau(ACB) Seemanth Kumar Singh ADGP, recorded the threat in a written order on Monday.

3. Play Store Payment Policy:Karnataka High Court Upholds Maintainability Of Google India's Plea To RestrainCCI From Exposing Its Confidential Info

Case Title: GOOGLE INDIA PRIVATE LIMITED & others Versus COMPETITION COMMISSION OF INDIA & others

Case No: WP 9399/2022

The Karnataka High Court on Friday rejected the application filed by Alliance of Digital India Foundation challenging the maintainability of Google India's plea to restrain the Competition Commission of India (CCI) from divulging the company's confidential information to the complainant (Alliance).

4. Lawyer Moves Karnataka High Court Seeking Police Protection For Justice HP Sandesh, SIT Probe Into "TransferThreat"

Case Title: Ramesh Naik.L v. State of Karnataka

FR NO: 13570/2022

A Karnataka based Advocate has moved the High Court seeking a direction to the state government to provide adequate security (Y, Y+, Z, Z+, whatever is suitable) to Justice H.P. Sandesh, who recently made sensational revelations regarding "transfer threats" for slamming investigations carried out by the Anti-Corruption Bureau in a case allegedly involving Deputy Commissioner, Bengaluru (Urban).

5. Bengaluru Court Directs Social Media To Take Down Photo Used To Make Defamatory Claims Against Justices SuryaKant & Pardiwala

Case Title: DIPALI SIKAND And AGADEESH LAXMAN SINGH ALIAS JUGIE SINGH & others

Case No: O.S 4427/2022

The Additional City Civil And Session Court in Bengaluru on Tuesday passed a "John Doe" order directing social media platforms Twitter, Facebook, Linkedin, Instagram and Whatsapp to take down a widely circulated photograph which was used to make false and defamatory claims against Justice Surya Kant and Justice Pardiwala of the Supreme Court, following their remarks against former BJP Spokesperson Nupur Sharma.