Karnataka High Court Weekly Round-Up: March 20 To March 26, 2023

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

Mortgage Security Acquired: Karnataka High Court Applies Doctrine Of Substituted Security, Orders Compensation Deposit Until Adjudication Of Rights

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.

‘A Case And A Counter Case Have To Be Tried Together’: Karnataka High Court Allows Transfer Of Criminal Proceedings To Single Court

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.

Pay MBBS Fees As Per NRI Quota To Get Exit Permit: Karnataka High Court To US-Born Student Who Pursued Medical Under Govt Quota

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.”

Karnataka High Court Paves Way For De-Freezing Amnesty International's Bank Accounts, Says ED's 2018 Notice Was Valid Only For 60 Days

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.

[RTI Act] Second Appeal By PIO Maintainable Even If He Did Not File First Appeal U/S 19(1): Karnataka High Court

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.

Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts

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.”

Hindu Female Becomes 'Absolute Owner' Of Partitioned Property, Can't Devolve On Siblings But Would Be Subject To Succession: Karnataka High Court

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.

Swiftly Rectify Discrepancies In Electoral Rolls Of Shivajinagar, Shanthi Nagar Assembly Constituencies: Karnataka High Court Directs ECI

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.

Karnataka High Court Directs Centre To Issue Indian Passport To 'Stateless' Minor Till He Turns Major, Says Can't Ignore 'Cry Of Such Child'

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.

Karnataka High Court Asks State To Put In Place Proper Methodology For Timely Disposal Of e-Khata Applications, Seeks Compliance Report

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.

Karnataka High Court Permitted Superintendent of Central Tax To Pass Orders For Revoking Cancellation Of GST Registration On Filing Returns

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.