Nominal IndexM/s D C B Bank Limited And The Assistant Commissioner. 2023 LiveLaw (Kar) 111Dr Sanjeev Kumar Hiremath And State of Karnataka. 2023 LiveLaw (Kar) 112Dr Bhanu C Ramachandran And Union of India. 2023 LiveLaw (Kar) 113M/S AMNESTY INTERNATIONAL INDIA PRIVATE LIMITED And UNION OF INDIA. 2023 LiveLaw (Kar) 114The Public Information Officer And The State Information Commissioner...
Nominal Index
M/s D C B Bank Limited And The Assistant Commissioner. 2023 LiveLaw (Kar) 111
Dr Sanjeev Kumar Hiremath And State of Karnataka. 2023 LiveLaw (Kar) 112
Dr Bhanu C Ramachandran And Union of India. 2023 LiveLaw (Kar) 113
M/S AMNESTY INTERNATIONAL INDIA PRIVATE LIMITED And UNION OF INDIA. 2023 LiveLaw (Kar) 114
The Public Information Officer And The State Information Commissioner & others. 2023 LiveLaw (Kar) 115
Kavitha M And Raghu & Others. 2023 LiveLaw (Kar) 116
Basangouda And Muddangouda & Others. 2023 LiveLaw (Kar) 117
Bharatiya Janata Party And Election Commission of India & Others. 2023 LiveLaw (Kar) 118
Master Arya Selvakumar Priya & ANR And Joint Secretary (PSP) and Chief Passport officer & others. 2023 LiveLaw (Kar) 119
Renuka Manghnani And State of Karnataka. 2023 LiveLaw (Kar) 120
M/s S P Metals Versus Assistant Commissioner Of Commercial Taxes. 2023 LiveLaw (kar) 121
Judgments/Orders
Case Title: M/s D C B Bank Limited And The Assistant Commissioner
Case No: WRIT PETITION NO. 18206 OF 2022
Citation: 2023 LiveLaw (Kar) 111
The Karnataka High Court has said that a mortgagee (secured creditor/Bank) gets rights over the compensation amount to be disbursed when the property which is mortgaged with it is acquired by the state government, as per Section 73 of the Transfer of Property Act.
A single judge bench of Justice Krishna S Dixit allowed a petition filed by M/s D C B Bank Limited and directed Special Land Acquisition Officer (SLAO) to refer the claim of Petitioner – Bank forthwith to the Court of I Additional District Judge, Chitradurga, with all necessary papers, with intimation to the Petitioner. The Court after notice to all the stakeholders, shall adjudge the claim of Petitioner-Bank, within an outer limit of one year.
Case Title: Dr Sanjeev Kumar Hiremath And State of Karnataka Case No: CRIMINAL PETITION NO. 2459 OF 2022
Citation: 2023 LiveLaw (Kar) 112
The Karnataka High Court has reiterated that a case and a counter case have to be tried together by the same court irrespective of the nature of offences involved, to avoid conflicting judgments over the same incident.
A single judge bench of Justice Mohammad Nawaz allowed the petition filed by one Dr Sanjeev Kumar Hiremath and transferred the case filed by him pending before the Magistrate court in Bengaluru under sections 341, 324, 504 and 506 to the Special Session court where the offence registered by the accused against Hiremath under SC/ST (Prevention of Atrocities) Act,1989 is also pending.
Case Title: Dr Bhanu C Ramachandran And Union of India
Case No: WRIT PETITION No.24609 of 2021
Citation: 2023 LiveLaw (Kar) 113
The Karnataka High court has directed Union of India and the Bureau of Immigration to issue exit permit to a 26-year-old USA born student who misrepresented herself as Indian Citizen and pursued MBBS course under government quota, subject to her paying fees of the MBBS course at the rate that would be charged to NRI/overseas citizen of India.
A single judge bench of Justice M Nagaprasanna took a lenient view and partly allowed the petition filed by Dr. Bhanu C Ramachandran. The bench said “The petitioner has shamelessly resorted to falsehood and achieved her goals by unethical means. The petitioner is not even wanting to pursue her career in this country, having secured benefits throughout her career contending that she is an Indian.”
Case Title: M/S AMNESTY INTERNATIONAL INDIA PRIVATE LIMITED And UNION OF INDIA
Case NO: WP 56621/2018
Citation: 2023 LiveLaw (Kar) 114
The Karnataka High Court recently quashed the communication issued by Enforcement Directorate (ED) in 2018 to banks, directing them to freeze accounts of NGO M/s Amnesty International (India) Private Limited, alleging violation of provisions of Foreign Exchange Management Act, 1999, (FEMA).
A single judge bench of Justice K S Hemalekha said in view of Section 132 of the Income Tax Act, ED's notice was valid only for 60 days. "The impugned notices dated 25/10/2018 at Annexures-F1 and F2 have lost their efficacy by efflux of time as the period of sixty days has expired," it said.
Case Title: The Public Information Officer And The State Information Commissioner & others
Case No: WRIT PETITION NO.24537 OF 2018
Citation: 2023 LiveLaw (Kar) 115
The Karnataka High Court has set aside the order passed by the Karnataka State Information Commissioner dismissing the second appeal filed by Public Information Officer, on the ground that the petitioner being the PIO cannot maintain the second appeal under Section 19(3) of the Right to Information Act.
A single judge bench of Justice K S Hemalekha partly allowed the petition filed by the PIO attached to the Karnataka Lokayukta and set aside the order dated 04.01.2018 passed by Commissioner.
Case Title: Kavitha M And Raghu & Others
Case NO: WRIT PETITION No.12703 OF 2022
Citation: 2023 LiveLaw (Kar) 116
The Karnataka High Court has issued directions to be followed by magistrate courts for disposal of applications being made by an aggrieved person under the Protection of Women from Domestic Violence Act, 2005, within 60 days from the date of its filing.
A single judge bench of Justice M Nagaprasanna said “The law Courts which exist to remedy the wrong when it is brought to its notice has to act swiftly, as it is trite that, actus curiae neminem gravabit that the act of Court should prejudice no person. If an act of the Court should not prejudice any person; the Court should not permit any procrastination of the proceedings before it.”
Case Title: Basangouda And Muddangouda & Others
Case No: REGULAR SECOND APPEAL NO. 7094 OF 2010
Citation: 2023 LiveLaw (Kar) 117
The Karnataka High Court has held that a female Hindu becomes the absolute owner of the property on acquisition of property by way of a partition deed agreed upon in the family and the property cannot be termed as acquisition by inheritance and thus would not revert to the siblings on her death.
A single judge bench of Justice C M Joshi sitting at Kalaburagi, allowed the appeal filed by Basangouda and set aside the orders of the trial and first appellate court which held that Section 15(2) of the Hindu Succession Act was attracted in respect of the suit property held by his deceased wife Eshwaramma allotted under a partition deed, and thus it would devolve back to her siblings.
Case Title: Bharatiya Janata Party And Election Commission of India & Others
Case No: WRIT PETITION NO. 3592 OF 2023 C/W WRIT PETITION NO. 2632 OF 2023
Citation: 2023 LiveLaw (Kar) 118
The Karnataka High Court has directed the Election Commission of India to act swiftly and conclude the exercise of correcting the electoral rolls in Shivaji Nagar and Shanthi Nagar constituencies in Bengaluru, by identifying voters who have expired and those who have shifted to other areas, by March 26.
Bharatiya Janata Party had approached the High court seeking consideration of their representations submitted on 30-11-2022 and 23-01-2023 to the Commission for corrective measures to be taken in the electoral roll concerning Shivajinagar Assembly Constituency.
Case Title: Master Arya Selvakumar Priya & ANR And Joint Secretary (PSP) and Chief Passport officer & others
Case NO: WRIT PETITION No.21642 OF 2022
Citation: 2023 LiveLaw (Kar) 119
The Karnataka High Court has come to the aid of a 15-year-old child by directing the Passport Officer, Bengaluru to issue him an Indian Passport. The court said the travel document will remain operational till he turns 18 years old, or else he would be rendered Stateless.
Justice M Nagaprasanna said that merely because the minor's father is not traceable and the mother "has been reckless" in not knowing the consequences of renouncement of citizenship, the fate of the child cannot be left in limbo.
Case Title: Renuka Manghnani And State of Karnataka
Case No: WRIT PETITION NO.4821 OF 2023
Citation: 2023 LiveLaw (Kar) 120
The Karnataka High Court has made it clear that whenever a manual khata (property document) is issued, e-khata is to be issued immediately on an application being made, otherwise, the very purpose of implementing the system of e-khata would be lost.
A single judge bench of Justice Suraj Govindaraj directed the Principal Secretary, Rural Development and Panchayat Raj Department and the Secretary, e-Governance Department, to institute and put in effect a system for proper methodology of consideration of the application, processing the application and disposal of the application for filing of e-khata, on the website of the Rural Development and Panchayat Raj Department under each Gram Panchayat.
Case Title: M/s S P Metals Versus Assistant Commissioner Of Commercial Taxes
Case No: Writ Petition No. 1135 Of 2023
Citation: 2023 LiveLaw (Kar) 121
The Karnataka High Court has permitted the Superintendent of Central Tax to pass suitable orders for revocation of the cancellation of the GST registration, if the petitioner/assessee files returns.
The single bench of Justice B. M. Shyam Prasad has observed that the cancellation of GST registration was without due opportunity and was arbitrary.