Karnataka High Court Weekly Round Up: July 25 To July 31 ,2022

Nominal Index:

Gopal v. State of Karnataka. 2022 LiveLaw (Kar) 286

M/s Geosmin Studio Sustainable Solutions LLP versus M/s Ethnus Consultancy Services Pvt. Ltd. 2022 LiveLaw (Kar) 291

M/S. Flipkart Internet Private Limited versus Deputy Commissioner Of Income Tax (International Taxation) and Ors. 2022 LiveLaw (Kar) 292

Judgments/Orders/Reports

1. Person Convicted For Minor Offences Under NI Act Entitled To "Lenient" Consideration Of Parole Application: Karnataka High Court

Case Title: B M MUNIRAJU v. THE JAIL SUPERINTENDENT

Case No: WRIT PETITION NO.7387/2022

Citation: 2022 LiveLaw (Kar) 283

The Karnataka High Court has directed the Jail Superintendent of the Central Prison at Bengaluru to consider a parole application filed by an accused convicted under the Negotiable Instruments Act seeking to arrange 50% of the disputed amount for depositing with the Supreme Court Registry in connection with an appeal against conviction pending before it.

2. Karnataka High Court Dismisses Plea Seeking Protection For Justice HP Sandesh Who Spoke Of "Transfer Threat"

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

Case No: WP 14266/2022

Citation: 2022 LiveLaw (Kar) 284

The Karnataka High Court on Monday dismissed a public interest litigation seeking protection for Justice HP 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).

3. Karnataka Govt Has Not Given Permission For Radio-Collaring Of Tigers: High Court Closes PIL

Case Title: CHERANDA NAND SUBBAIAH v. THE UNION OF INDIA & Others

Case No: WP 34294/2009

Citation: 2022 LiveLaw (Kar) 285

The Karnataka High Court on Monday disposed of a petition filed in the year 2009 questioning the action of radio collaring of tigers in the Nagarhole National Park.

4. Courts Should Not Seek To Run Governments In The Guise Of Judicial Review: Karnataka High Court

Title: Gopal v. State of Karnataka

Citation: 2022 LiveLaw (Kar) 286

"It is primarily the task of the Government to govern and in the guise of judicial review, Courts should not seek to run the governments," the Karnataka High Court has observed.

A division bench comprising of Justice Krishna S Dixit and Justice P Krishna Bhat added that when a measure taken by the Government is for implementing a Mega Infrastructural Project pursuant to a policy framed embedded with the opinion of experts, Court should refrain from acting like a "super-accountant and interference with the same should be extremely rare where it is inevitable."

5. Arbitration Clause Can BeInvoked Against Disputes Under Another Agreement, If Both Agreements Form One Composite Transaction: Karnataka High Court

Case Title: M/S Bestpay Solutions Private Limited versus M/S Razorpay Software Private Limited

Citation: 2022 LiveLaw (Kar) 287

The Karnataka High Court has ruled that a party can invoke the Arbitration Clause contained in an agreement with respect to the disputes arising with a third party under another agreement, if both the agreements refer to each other and form one composite transaction.

6. ACB Blissfully Ignored'ABC' Of Procedure: Karnataka High Court Quashes Corruption FIR

Case Title: K.R.KUMAR NAIK v. THE STATE BY ANTI CORRUPTION BUREAU

Case No: WRIT PETITION NO. 7911 OF 2022

Citation: 2022 LiveLaw (Kar) 288

The Karnataka High Court has held that in a case where a public servant is charged with offences punishable under Section 13 of the Prevention of Corruption Act on allegation of amassing wealth disproportionate to the known sources of income, every ingredient that is required to be assessed in the source report must be present.

7. Doctrine Of Laches | InWelfare State, Govt As A Litigant Is Subject To Same Norms As A Commoner:Karnataka High Court

Case Title: THE STATE OF KARNATAKA REP BY ITS SECR SOCIAL WELFARE DEPT And BASAVARAJ. YARADEMMI & ANR

Case No: WRIT PETITION NO. 102109 OF 2022

Citation: 2022 LiveLaw (Kar) 289

The Karnataka High Court has observed that in a Welfare State, the Government as a litigant is ordinarily governed by the same norms that govern the commoners.

8. Nature Of Property Being Ancestral Or Self-Acquired Can Only Be Decided After Trial: Karnataka High Court Permits Amendment Of Plaint

Case Title: K Durga Prasad Shetty v. Dr Shashikala and Others

Case No: Writ Petition No 22744/2021

Citation: 2022 LiveLaw (Kar) 290

The Karnataka High Court has said only in a trial can it be held whether a property is ancestral property or self acquired properties and therefore amendment of the plaint at the pre-trial stage to include such properties, is permissible.

9Mentioning Referral Of The Matter To Arbitral Institution Is Sufficient; Party Not Required To Name Arbitrator: Karnataka High Court

Case Title: M/s Geosmin Studio Sustainable Solutions LLP versus M/s Ethnus Consultancy Services Pvt. Ltd.

Citation: 2022 LiveLaw (Kar) 291

The Karnataka High Court has ruled that a notice issued by a party, stating that the matter would be referred to the Council of Architecture, is sufficient for the purpose of invocation of the Arbitration Clause, since the Council of Architecture is an arbitral institution within the meaning of Section 11 of the Arbitration and Conciliation Act, 1996.

10. Karnataka High Court Directs Income Tax Department To Issue A 'Nil Tax Deduction At Source'Certificate To Flipkart For Reimbursements Made To Walmart

Case Title: M/S. Flipkart Internet Private Limited versus Deputy Commissioner Of Income Tax (International Taxation) and Ors.

Citation: 2022 LiveLaw (Kar) 292

The Karnataka High Courthas directed the Income Tax Department to issue a 'Nil Tax Deduction at Source' Certificate to Flipkart under Section 195(2) of the Income Tax Act, 1961, with respect to the reimbursements made by it to Walmart Inc.

11. Claim Of Secured Creditor Under SARFAESI Act Not Affected By Attachment Under Karnataka Protection Of Deposits Act: High Court

Case Title: BANK OF INDIA v THE SECRETARY TO THE GOVERNMENT

Case NO: WRIT PETITION NO.12038 OF 2017

Citation: 2022 LiveLaw (Kar) 293

The Karnataka High Court has held that the attachment of a secured asset under the Karnataka Protection of Interest of Deposit in Financial Establishment Act, 2004, would have no priority over the claim of the Bank (Secured Creditor), to recover dues made under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

12. Backlog Of Unfilled WomenSeats In Reserved Category May Be Filled By Male Candidates Of Same Category:High Court Directs Bangalore University

Case Title: Dyavappa v Bangalore University & Others

Case No: Writ Petition No 6426/2021

Citation: 2022 LiveLaw (Kar) 294

The Karnataka High Court has said that the state government order, providing that in case eligible women applicants under a reserved category post are not available, such posts could be filled up by eligible male candidates of the same category is applicable to recruitment notifications issued under the General Recruitment Rules or recruitment as regards backlog vacancies under the Special Recruitment Rules.

13. S.81(5) Motor Vehicle Act |Permit Renewed After Condoning Delay Is Deemed To Be Effective From Date OfActual Expiry: Karnataka High Court

Case Title: Dr Narasimulu Nandini Memorial Education Trust v. Banu Begum & Others

Case NO: MFA 202022/2016

Citation: 2022 LiveLaw (Kar) 295

The Karnataka High Court has said an insurance company cannot disown its responsibility to indemnify the liability of the insurer (vehicle owner) on the ground that on the date of accident, the fitness certificate and the permit of the vehicle were not in force.

Other reports

Bribery Case: Karnataka High Court Seeks ACB's Response To Bail Plea Moved By IAS Manjunath

Case Title: J MANJUNATH v THE STATE OF KARNATAKA

Case No: CRL.P 6578/2022

The Karnataka High Court on Thursday directed the Anti Corruption Bureau to file its statement of objections by Monday (August 1) to a bail petition filed by IAS Officer J Manjunath, who has been arrested by the agency in a bribery case.