Karnataka High Court Weekly Round Up: June 13 - June 19, 2022

MURULY M.S. v. STATE OF KARNATAKA & others. 2022 LiveLaw (Kar) 205

BEML Ltd. v. Prakash Parcel Services Ltd. 2022 LiveLaw (Kar) 215

Judgments/Orders/Reports

1. Clear Encroachments From Subramanyapura, Begur Lakes: Karnataka High Court Directs Designated Officers Of BBMP

Case Title: CITIZENS ACTION GROUP v THE STATE OF KARNATAKA & Others, Case No: WP 38401/2014.

Citation: 2022 LiveLaw (Kar) 204

The Karnataka High Court has directed the Executive Engineers (designated officers) of Bruhat Bengaluru Mahanagara Palike (BBMP) to take steps and remove encroachments which exist in the tank area of Subramanyapura lake and Begur lake.

2. Formal Documentation Not Mandatory For Adoption Of Privately Owned Elephants, Commercial Transactions Prohibited: Karnataka High Court

Case Title: MURULY M.S. v. STATE OF KARNATAKA & others

Case No: WRIT PETITION NO.10688 OF 2022

Citation: 2022 LiveLaw (Kar) 205

The Karnataka High Court has held that Section 40 of the Wild Life (Protection) Act, 1972 permits private ownership of live elephants and there is no bar in giving them up in adoption, so long as the transaction is of non-commercial nature.

3. S.147 NI Act | Every Offence Under Negotiable Instruments Act Is Compoundable: Karnataka High Court

Case Title: Arun Vincent Rajkumar v S Mala

Case No: CRIMINAL REVISION PETITION No.579 OF 2015

Citation: 2022 LiveLaw (Kar) 206

The Karnataka High Court recently said that Section 147 of the Negotiable Instruments Act makes every offence punishable under the Act as compoundable and there is no bar on parties to compound the offence.

4. Minor Sexual Assault Victim & Her Mother Turning Hostile Amounts To 'Changed Circumstances' For Grant Of Bail: Karnataka High Court

Case Title: Hanumanthappa v State of Karnataka & Others

Case No: Criminal Petition No. 3997/2022

Citation: 2022 LiveLaw (Kar) 207

The Karnataka High Court recently granted bail to an accused alleged of sexually assaulting a minor girl and marrying her, after the victim and her mother turned hostile in court during the trial.

5. Stridhan Cannot Be Retained By Family Of Husband On Annulment Of Marriage: Karnataka High Court

Case Title: GANESH PRASAD HEGDE & Others v SUREKHA SHETTY

Case No: CRIMINAL PETITION No.4544 OF 2018

Citation: 2022 LiveLaw (Kar) 208

The Karnataka High Court has said that annulment of marriage cannot mean that all the articles that woman carried to the matrimonial house can be retained by the family of the husband.

6. State Or Society Cannot Intrude In Individual's Decision On Suitability Of Partner: Karnataka High Court

Case Title: T.L. NAGARAJU v THE INSPECTOR OF POLICE,

Case No: WRIT PETITION (HC) NO.42/2022

Citation: 2022 LiveLaw (Kar) 209

The Karnataka High Court has observed that the decision of the suitability of partners to a marital tie rests exclusively with the individuals themselves. Neither the State nor the Society can intrude into that domain.

7. 'No Material Against Him': Karnataka High Court Quashes POCSO Case Against Bishop

Case Title: RT Rev Prasanna Kumar Samuel v State of Karnataka & others

Case No: WP 5923/2018

Citation: 2022 LiveLaw (Kar) 210

The Karnataka High Court recently quashed the proceedings initiated by a Sessions Court against Reverend Prasanna Kumar Samuel under the Protection of Children from Sexual Offences Act 2012. He is the Bishop of Church of South India (CSI) Karnataka Central Diocese, Bengaluru.

8. Official Communication Between Two Public Servants Without It Being Referred To Other Departments Not Defamation: Karnataka High Court

Case Title: D.ROOPA v H.N.SATHYANARAYANA RAO

Case No: CRIMINAL PETITION NO.72 OF 2022

Citation; 2022 LiveLaw (Kar) 211

The Karnataka High Court has held that a pure official communication between two people, without it being referred to any other department or a quarter, cannot become the ingredient of Section 499 of the IPC.

9. Right To Defend Can't Be Illusory: Karnataka HC Orders Evidence Collected Prior To NIA Probe Be Supplied To Accused In 2020 Bangalore Riots Case

Case Title: MUZAMMIL PASHA v. NATIONAL INVESTIGATING AGENCY

Case No: WRIT PETITION No.19012 OF 2021

Citation: 2022 LiveLaw (Kar) 212

The Karnataka High Court has directed the National Investigation Agency (NIA) to furnish in two weeks time the documents which include statements of witnesses recorded by the local police investigating the DJ Halli riot case of 2020 (before the probe was transferred to NIA), to an accused in the case.

10. Wife Levelling Unsubstantiated Allegations Of Husband Being Impotent Amounts To Cruelty: Karnataka High Court

Case Title: XXXX versus XXXX

Case No: MFA NO.102625/2015 (MC)

Citation: 2022 LiveLaw (Kar) 213

The Karnataka High Court has held that a wife calling her husband an impotent without legally substantiating the same by itself would amount to cruelty within the meaning of Section 13(ia) of the Hindu Marriage Act.

11. Magistrate Bound To Dispose Applications U/S 12 Domestic Violence Act Within 60 Days From First Hearing Date: Karnataka High Court

Case Title: RAJAMMA H v THIMMAIAH V

Case No: WRIT PETITION No.11265 OF 2022

Citation: 2022 LiveLaw (Kar) 214

 High Court has said that an application filed under section 12 of the Protection of Women from Domestic Violence Act, 2005, should be decided by the Magistrate within two months (sixty days) from the date of its presentation.

12. Order Terminating The Arbitration Not Challenged; Can't File Section 8 Application Later: Karnataka High Court

Case Title: BEML Ltd. v. Prakash Parcel Services Ltd. M.F.A. No. 4180 of 2019 (AA).

Citation no: 2022 LiveLaw (Kar) 215

The High Court of Karnataka has held that a subsequent Section 8 application would be non-maintainable when the order of the arbitrator accepting objection to its jurisdiction was not challenged.

Other reports:

1. Loudspeaker Row: Karnataka Govt Says No Permanent Licenses Granted, High Court Orders Preventive Action Against Religious Places, Pubs

Case Title: Rakesh P v. State of Karnataka

Case No: Writ Petition No 4574/ 2021

The Karnataka High Court on Friday directed the concerned state authorities to take appropriate action and not permit the use of Loudspeakers, Public Address System (PA) and other musical instruments producing sounds between 10 pm to 6 am at any Religious places and Pubs or restaurants.

2. Covid-19: Karnataka High Court Issues Notice To Centre On Senior Citizens' Plea Seeking Administration Of 'Covovax' Vaccine To Adults

Case Title: Arun Kumar Agarwal And Union of India and Others

Case No: WP 11723/2022

The Karnataka High Court has issued notice to the Central government and other respondents on a petition filed by a senior citizen Arun Kumar Agarwal seeking directions to permit administration of the Covovax vaccine, manufactured by M/s. Serum Institute of India Pvt. Ltd to persons above the age of 18 years.