Karnataka High Court Weekly Round-Up: July 18 To July 24, 2022

Judgments/Orders/Reports

1. S.21 RTI Act | Public Information Officer Can't Be Penalised For Delay In Furnishing Info If Genuine & Bonafide Reasons Given: Karnataka High Court

Case Title: AMBADI MADHAV v. THE KARNATAKA INFORMATION COMMISSION

Case No: WRIT PETITION No.8288/2013

Citation: 2022 LiveLaw (Kar) 266

The Karnataka HIgh Court has quashed an order passed by the Karnataka Information Commission directing a Deputy Conservator of Forests (deputed as the Public Information officer) to pay fine of Rs.10,000/- for delay in furnishing information sought under the Right to Information Act (RTI).

2. Prosecution Can't Omit To Examine Investigating Officer Where Circumstances Warrant: Karnataka High Court

Case Title: Parveez Pasha v. The State by Tilak Park Police Tumkur

Case No: CRIMINAL REVISION PETITION No.155 OF 2012

Citation: 2022 LiveLaw (Kar) 267

The Karnataka High Court has said that in those cases where circumstances warrant to prove the guilt of the accused beyond all reasonable doubts, it is necessary to examine the Investigating officer.

3. Karnataka High Court Prohibits BBMP From Constructing Swimming Pool, Gym In 30 Yrs Old Public Park

Case Title: J SRINIVAS & Others v. STATE OF KARNATAKA & Others

Case No: W.P.NO.45466 OF 2018

Citation: 2022 LiveLaw (Kar) 268

The Karnataka High Court has restrained the Bruhat Bengaluru Mahanagara Palike (BBMP) from constructing a swimming pool and gymnasium inside a 30 years old public park (Mariappanapalaya Park), situated in city's Rajajinagar area.

4. Karnataka High Court Denies Bail To Youth Accused Of Sharing Military Base Photos With Pakistan ISI

Case Title: Jeetendar Singh v. State of Karnataka

Case No: Criminal Petition No. 1691/2022

Citation: 2022 LiveLaw (Kar) 269

The Karnataka High Court has dismissed the bail petition filed by a 24-year-old, accused of sharing photographs of important places like Naval Base Army area with Pakistan ISI.

5. Once The Right To Refer The Dispute To Arbitration Is Waived By A Party, It Cannot Be Reclaimed: Karnataka High Court

Case Title: Y Harish and Anr. versus Y Satish and Ors.

Dated: 01.07.2022 (Karnataka High Court)

Citation: 2022 LiveLaw (Kar) 270

The Karnataka High Court has ruled that if a party has disputed the arbitrability of a dispute raised by the opposite party, in its reply to the notice invoking the arbitration clause, it is deemed to have waived its right to seek the reference of the dispute to arbitration. The Court added that if a right is once waived by a party, it cannot be allowed to be reclaimed and hence, the party cannot be permitted to contend that the suit instituted by the opposite party before the Commercial Court was barred by law.

6. Developer Put In Possession Of The Property Under The Development Agreement, Assessee Not Liable To Pay Wealth Tax: Karnataka High Court

Case Title: M/s. Noorani Properties (P) Ltd. versus The Commissioner of Wealth Tax and Anr.

Dated: 30.06.2022 (Karnataka High Court)

Citation: 2022 LiveLaw (Kar) 271

The Karnataka High Court has set aside the order passed by the ITAT holding that the assessee was liable to pay Wealth Tax with respect to a property, despite transferring possession of the said property to a developer under a Joint Development Agreement.

7. S.420 IPC Not Attracted In Absence Of Specific Allegation That Dishonest/ Fraudulent Intention Existed Since Inception: Karnataka High Court

Case Title: Mrs M Dhanalakshmi @ Lakshmi Rajan & Anr. v. State of Karnataka

Case No: Criminal Petition No 2386/2019

Citation: 2022 LiveLaw (Kar) 272

The Karnataka High Court has said that in order to constitute the offence of Cheating punishable under Section 420 of Indian Penal Code (IPC), there must be specific allegation that from inception, there must be a dishonest intention on the part of the accused to cheat the complainant.

8. S.125 CrPC | Courts Should Not Raise Objections Regarding Residential Proof Of Child/ Wife, Must Accept Duly Sworn Affidavits: Karnataka High Court

Case Title: SANGEETA W/O BAPU LAMANI & Others v. BAPU S/O SOMAPPA LAMANI

Case No: REV.PET FAMILY COURT NO. 100043 OF 2020

Citation: 2022 LiveLaw (Kar) 273

The Karnataka High Court has held that family courts shall accept the affidavit by aggrieved parties (wife and children) indicating their place of residence away from matrimonial home and not raise issue of jurisdiction while hearing an application seeking maintenance from the husband under Section 125 of the Criminal Procedure Code.

9. Application For Substitution Of Legal Heirs Upon Plaintiff's Death Can't Be Rejected Without Examining Whether 'Right To Sue' Survives: Karnataka HC

Case Title: SHOBHA & Others v. KAREWWA & others

Case No: WRIT PETITION NO. 146130 OF 2020

Citation: 2022 LiveLaw (Kar) 274

The Karnataka High Court has said that a trial court cannot reject an application made by legal representatives seeking to come on record following the death of the sole plaintiff to a suit, without considering whether the 'right to sue' survives on the legal representatives.

10. S.143A NI Act | Interim Compensation Cannot Be Granted Without Giving An Opportunity Of Hearing To Accused: Karnataka High Court

Case Title: Himanshu Gupta And V Narayana Reddy

Case No: Criminal Petition No. 3555 of 2022

Citation: 2022 LiveLaw (Kar) 275

The Karnataka High Court has said under Section 143-A of the Negotiable Instruments Act, the court can direct payment of interim compensation even without the complainant making an application praying for the same, but not without following principles of natural justice.

11. Dowry Death | Karnataka High Court Sets Aside Conviction U/S 304B IPC Citing Discrepancies In Multiple Dying Declarations

Case Title: NAZRULLA KHAN @ NAZRULLA And THE STATE OF KARNATAKA

Case No: CRIMINAL APPEAL No.2045 OF 2018

Citation: 2022 LiveLaw (Kar) 276

The Karnataka High Court has set aside the conviction handed down to a husband under section 304-B (Dowry Death) of the Indian Penal Code, noting that there were discrepancies in the two dying declarations of the deceased wife, recorded before the police.

12. Official Liquidator Taking Over Third Party Property Under Liquidating Company's Possession Must Pay Rent As Costs Of Winding Proceedings: Karnataka HC

Case Title: N R RAVI v. THE OFFICIAL LIQUIDATOR OF M/S. SEM INDIA SYSTEMS PRIVATE LIMITED.

Case No: COMPANY APPLICATION NO. 8 OF 2016

Citation: 2022 LiveLaw (Kar) 277

The Karnataka High Court has held that upon the Official Liquidator taking possession of the premises belonging to a third party, which was in possession of the Company in liquidation, the Official Liquidator would be required to make payment of the rentals to such third party land owner as costs of winding proceedings, the landlord being entitled to the rentals immediately as per the terms of the lease deed.

13. Karnataka High Court Directs Centre, State To Ensure Implementation Of National Rare Diseases Policy

Case Title: Lysosomal Storage Disorders Support Society v. State of Karnataka & Others

Case No: W.P 19061 of 2015

Citation: 2022 LiveLaw (Kar) 278

The Karnataka High Court has directed the Central Government and State Government to ensure implementation of policies framed for treatment of the patients suffering from rare diseases.

14. NDPS Act | Failure To File FSL Report Within 15 Days Of Recovery Not Ground For Grant Of Bail: Karnataka High Court

Case Title: ZAKIR HUSSAIN v STATE BY INTELLIGENCE OFFICER.

Case No: CRIMINAL PETITION NO.2612 OF 2022

Citation: 2022 LiveLaw (Kar) 279

The Karnataka High Court while rejecting a bail application by an accused charged under provisions of the Narcotics Drugs and Psychotropic Substance Act (NDPS) has reiterated that merely because the chemical analysis report of the contraband seized is not received within 15 days, it is not a ground to release the accused on bail.

15. S.50 Evidence Act |Non-Production Of School Docs To Establish Relationship No Ground To Disbelieve Person With Special Knowledge Of Relation: Karnataka HC

Case Title: Dharmrao S/o Sharanappa Shabdi & Others v Syed Arifa Parveen W/o Mushtaq Ahmed

Case No: REGULAR FIRST APPEAL No.200204/2019

Citation: 2022 LiveLaw (Kar) 280

The Karnataka High Court has said that mere non-production of a school leaving certificate does not take away the evidentiary value of witnesses examined for establishing relationship of a plaintiff to the deceased person in a suit for declaration of ownership to a property.

16. Karnataka High Court Quashes CBIC Circular Imposing GST On Annuity Payments Awarded By Highway Authorities To concessionaires

Case Title: M/s. D.P.J. Bidar-Chincholi (Annuity) Road Project Pvt Ltd.

Citation: 2022 LiveLaw (Kar) 281

Case No: W.P. No. 7233/2022

The Karnataka High Court has quashed the circular issued by the Central Board of Indirect and Customs (CBIC) clarifying that GST is not exempt on the annuity (deferred payments) paid for the construction of roads and allowed the Writ Petition filed by the petitioner.

17. Constitution Of Arbitral Tribunal Does Not Restrict Application For Interim Relief If "Entertained" By The Court : Karnataka High Court Reiterates The Law

Case Title: Godolphine India Private Limited versus UM Projects LLP

Citation: 2022 LiveLaw (Kar) 282

The Karnataka High Court has ruled that the restriction contained under Section 9(3) of the Arbitration and Conciliation Act, 1996 (A&C Act) would not apply once an application under Section 9(1) for interim measures has been "entertained" by the Court before the appointment of the arbitrator.

Other reports

1. High Court Stays BAI's Decision Disaffiliating Karnataka Badminton Association Over Non-Revision Of Bye-Laws

Case Title: THE KARNATAKA BADMINTON ASSOCIATION v BADMINTON ASSOCIATION OF INDIA

Case No: WP 14322/2022

The Karnataka High Court on Thursday by way of interim relief has stayed the letter issued by the Badminton Association of India disaffiliating the Karnataka Badminton Association for not amending the bye laws in tune with the National Sports Development Code of India, 2011.

2. Karnataka High Court Issues Notice On Plea Challenging State's Anti-Religious Conversion Ordinance

Case Title: EVANELICAL FELLOWSHIP OF INDIA & ANR v. STATE OF KARNATAKA and ANR

Case NO: WP 10362/2022

The Karnataka High Court on Friday issued notice to the State government on a petition challenging the constitutional validity of its law on Anti-Religious conversion.