Nominal Index [Citation 2023 LiveLaw (Kar) 1- 36]Priyanaka R Patil v. Kendriya Sainik Board. 2023 LiveLaw (Kar) 1Ankit Kumar & others v. State of Karnataka & Others. 2023 LiveLaw (Kar) 2M/S. Provident Housing Limited v. Karnataka Real Estate Regulatory Authority & ANR. 2023 LiveLaw (Kar) 3Latha Choodiah v. Sree Balaji H. 2023 LiveLaw (Kar) 4P Sunil Kumar & ANR v. State...
Nominal Index [Citation 2023 LiveLaw (Kar) 1- 36]
Priyanaka R Patil v. Kendriya Sainik Board. 2023 LiveLaw (Kar) 1
Ankit Kumar & others v. State of Karnataka & Others. 2023 LiveLaw (Kar) 2
M/S. Provident Housing Limited v. Karnataka Real Estate Regulatory Authority & ANR. 2023 LiveLaw (Kar) 3
Latha Choodiah v. Sree Balaji H. 2023 LiveLaw (Kar) 4
P Sunil Kumar & ANR v. State of Karnataka. 2023 LiveLaw (Kar) 5
THE CAP A PIE v. The South Western Railways. 2023 LiveLaw (Kar) 6
Karnataka State Association of the Management of Nursing v. Allied Health Science Institution And State of Karnataka & Others. 2023 LiveLaw (Kar) 7
Praveen Bhai Togadia & ANR v. State of Karnataka & others 2023 LiveLaw (Kar) 8
Suchitra Cinema and Cultural Academy v. The Commissioner, Bangalore Development Authority & ANR 2023 LiveLaw (Kar) 9
Prasad Raykar v. B T Dinesh 2022 LiveLaw (Kar) 10
Bharat Punarutthana Trust V. The Government Of Karnataka & Others 2023 LiveLaw (Kar) 11
Central Bureau of Investigation And State of Karnataka 2023 LiveLaw (Kar) 12
M/s Wipro India Ltd. Versus Assistant Commissioner Of Central Tax. 2023 LiveLaw (Kar) 13
Rashmi Education Trust Vidyaniketan School & Others v. State of Karnataka & Others. 2023 LiveLaw (Kar) 14
Ravi @ Kamran Ravi And State of Karnataka. 2023 LiveLaw (Kar) 15
Abdul Majeed And State of Karnataka. 2023 LiveLaw (Kar) 16
Pavan And State of Karnataka. 2023 LiveLaw (Kar) 17
State of Karnataka And Shaikh Rouf. 2023 LiveLaw (Kar) 18
S Neelakantappa And State of Karnataka & ANR. 2023 LiveLaw (Kar) 19
Honnegowda & ANR And State of Karnataka. 2023 LiveLaw (Kar) 20
Kuldeep And State of Karnataka & Others. 2023 LiveLaw (Kar) 21
Union of India & others And State of Karnataka & others. 2023 LiveLaw (Kar) 22
XXX And ABC. 2023 LiveLaw (Kar) 23
XYZ And ABC. 2023 LiveLaw (Kar) 24
K V Srinivas Rao & others And State of Karnataka & Others. 2023 LiveLaw (Kar) 25
Rajeev Chandrasekhar And State of Karnataka. 2023 LiveLaw (Kar) 26
Dr.Satyakk And Government of India & Others. 2023 LiveLaw (Kar) 27
National Insurance Company Ltd And Menpa Maistry & others. 2023 LiveLaw (Kar) 28
K M Basha And State of Karnataka. 2023 LiveLaw (Kar) 29
M/s BBP Studio Virtual Bharat Pvt Ltd And State of Karnataka & Others. 2023 LiveLaw (Kar) 30
Shailesh Kumar V And State of Karnataka. 2023 LiveLaw (Kar) 31
Vijay Kumar & ANR And State of Karnataka. 2023 LiveLaw (Kar) 32
M/s Allengers Medical Systems Ltd And State of Karnataka. 2023 LiveLaw (Kar) 33
Padmanabha N S & others v. State of Karnataka & ANR. 2023 LiveLaw (Kar) 34
Ranjith Naik K V & Others And State of Karnataka & Others. 2023 LiveLaw (Kar) 35
Thotlegowda v. State of Karnataka. 2023 LiveLaw (Kar) 36
Judgments/Orders
Gender Stereotype, Unconstitutional: Karnataka High Court Strikes Down Guideline Excluding Married Daughters From Ex-Servicemen Scheme
Case Title: Priyanaka R Patil v. Kendriya Sainik Board
Case No: WRIT PETITION No.19722 OF 2021
Citation: 2023 LiveLaw (Kar) 1
The Karnataka High Court has struck down a criteria in the guidelines issued by the Department of Sainik Welfare and Resettlement, by which married daughters under the age of 25-years, were held ineligible for issuance of dependent Identity cards. The identity card, if issued, makes them eligible to apply for government jobs in the reserved category for ex-servicemen.
A single judge bench of Justice M Nagaprsanna allowed the petition filed by one Priyanka R Patil, who is the daughter of deceased Subedar Ramesh Khandappa Police Patil who was killed in action and struck down guideline 5(c) holding it to be violative of Articles 14 and 15 of the Constitution of India.
Case Title: Ankit Kumar & others v. State of Karnataka & Others
Case No: WRIT PETITION NO.25783 OF 2022
Citation: 2023 LiveLaw (Kar) 2
The Karnataka High Court has made it clear that Karnataka Examinations Authority (KEA) cannot, in the absence of enabling rules, withhold the original documents of medical students who have participated in the second round of counselling and secured a seat and then desire to participate in the counselling process elsewhere in other states.
A division bench of Justice S Sunil Dutt Yadav and Justice C M Joshi allowing the petition filed by Ankit Kumar and others, directed the Authority to consider their representations for return of original documents and return them forthwith.
Case Title: M/S. Provident Housing Limited v. Karnataka Real Estate Regulatory Authority & ANR.
Case No: WRIT PETITION No.18448 OF 2021
Citation: 2023 LiveLaw (Kar) 3
The Karnataka High Court has set aside an order passed by the Karnataka Real Estate Regulatory Authority, directing M/S. Provident Housing Limited to refund an amount to an apartment purchaser, who filed a complaint with the Authority seeking refund after willingly withdrawing from the contract for sale and accepting the refund amount. The project had received partial occupancy certificate before the enactment of Real Estate (Regulation and Development Act), 2016.
A single judge bench of Justice M Nagaprsanna allowed the plea filed by the company and set aside the order dated 30.09.2020 by which the authority directed the company to refund an amount of Rs.6,84,494 to Shyama Shetty within 60 days, failing which, it would carry interest at 2% per month.
Case Title: Latha Choodiah v. Sree Balaji H.
Case No: WRIT PETITION No.11172 OF 2019
Citation: 2023 LiveLaw (Kar) 4
The Karnataka High Court has said that remarriage of the former husband cannot be a ground to question the settlement arrived between the couple after issues were settled before the court and decree of divorce was granted.
A single judge bench of Justice M Nagaprasanna dismissed a petition filed by one Lata Choodiah seeking to set aside the memorandum of settlement arrived at under Section 89 of the Civil Procedure Code read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 – the settlement was entered into on 07-08-2015 between her and her former husband.
Case Title: P Sunil Kumar & ANR v. State of Karnataka
Case No: CRIMINAL PETITION NO.8969 OF 2022
Citation: 2023 LiveLaw (Kar) 5
The Karnataka High Court has quashed criminal proceedings initiated against owners of a shop licensed for selling explosives to quarry contractors, on the ground that their employee had illegally sold the gelatine sticks to a person, who died in an explosion.
A single judge bench of Justice K Natarajan allowed the petition filed by P Sunil Kumar and others and quashed the proceedings initiated against them under Sections 3,5,6 of Explosive Substance Act and Section 9(b) of Explosive Act and 286, 304 of IPC.
Case Title: THE CAP A PIE v. The South Western Railways
Case No: WRIT PETITION NO. 22793 OF 2022
Citation: 2023 LiveLaw (Kar) 6
The Karnataka High Court has said that it would amount to violation of principle of natural justice if a tender authority passes an order upon which it did not seek to issue show cause notice.
A single judge bench of Justice M Nagaprasanna recently allowed in part the petition filed THE CAP A PIE, questioning the termination of its contract by South Western Railways performing work of collection, washing and ironing of bedroll linen supplied to AC coach passengers in several trains and blacklisting the firm for two years.
Case Title: Karnataka State Association of the Management of Nursing v. Allied Health Science Institution And State of Karnataka & Others
Case No: Writ Appeal 839/2022
Citation: 2023 LiveLaw (Kar) 7
The Karnataka High Court has dismissed an appeal challenging the order of the Single Judge bench which upheld the constitution of a Special House Committee, empowered to visit all Nursing Colleges and Allied Health Sciences Institutions in state and carry out inspections to ascertain whether they are functioning as per directions of the Indian Nursing Council and whether they have the necessary infrastructure and other facilities.
A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi dismissed the appeal filed by the Karnataka State Association of the Management of Nursing and Allied Health Science Institution.
Case Title: Praveen Bhai Togadia & ANR v. State of Karnataka & others
Case No: WRIT PETITION No.9574 OF 2015
Citation: 2023 LiveLaw (Kar) 8
The Karnataka High Court has dismissed a petition filed in the year 2015 by Praveen Bhai Togadia challenging the prohibitory orders banning him from entering into the Udupi District limits and participating in any Public Meetings/ Functions for a period of seven days, between March 7, 2015 to March 13, 2015. Togdia is the National President of Antar-Rashtriya Hindu Parishad.
A single judge bench of Justice Jyoti Mulimani dismissed as having become infructuous, the petition filed by Togadia and one Baikady Suprasad Shetty.
Case Title: Suchitra Cinema and Cultural Academy v. The Commissioner, Bangalore Development Authority & ANR.
Case No: WRIT PETITION NO.58854 OF 2014
Citation: 2023 LiveLaw (Kar) 9
The Karnataka High Court has made it clear that where a statutory authority employs wrong terminology while granting any concession to a party, the same cannot be a ground to revoke such concession where the party itself was not at fault.
The development comes in a writ petition filed before the bench of Justice Krishna S Dixit challenging the communication issued by the Bangalore Development Authority to Suchitra Cinema and Cultural Academy, whereby the latter was asked to pay back a sum of Rs.50 Lakh on the ground that the word ‘donation’ was used for granting concessions, whilst renewing lease of the sites.
Case Title: Prasad Raykar v. B T Dinesh
Case No: Criminal Appeal 725 of 2011
Citation: 2022 LiveLaw (Kar) 10
The Karnataka High Court has said that a son being the legal representative is liable to discharge the liability of the deceased father under the Negotiable Instruments Act.
A single judge bench of Justice K Natarajan rejected the argument canvased by one respondent/accused B T Dinesh, that there is no legally enforceable debt against him as the loan was borrowed by his father, who expired before filing of the complaint under Section 138 of the Negotiable Instruments Act.
GPS For Ambulances: Karnataka High Court Disposes PIL Being Satisfied With State's Initiatives
Case Title: BHARAT PUNARUTTHANA TRUST v. THE GOVERNMENT OF KARNATAKA & Others.
Case NO: WP 6073/2020
Citation: 2023 LiveLaw (Kar) 11
The State government on Wednesday informed the Karnataka High Court that a feature is enabled in the Vahan portal for checking whether new ambulances being registered are equipped/installed with the Global Positioning System.
As per an affidavit filed by the Additional Commissioner, Karnataka State Road Safety Authority, “National Informatics Centre has rolled out a feature for new registration of ambulances whereby the Vahan portal will now check at the time of Inspection if Global Positioning System data is available or not. This feature is now enabled in Vahan and after verification and providing training to all RTOs, this will be rolled out throughout the state.”
Case Title: Central Bureau of Investigation And State of Karnataka
Case No: WP 402/2023
Citation: 2023 LiveLaw (Kar) 12
The State government on Thursday submitted before the Karnataka High Court an order granting authorisation to the Central Bureau of Investigation to attach excess properties of former Bharatiya Janata Party (BJP) leader Gali Janardhana Reddy’s properties in relation to a corruption case.
Additional Advocate General Dhyan Chinnappa though pointed out to the court that an earlier authorisation was granted by the state government in the year 2015 for attaching properties of the same accused was not pursued till 2021, for around seven years by the CBI before the concerned court. He submitted that the CBI which is now complaining has many many problems which he is not dealing with.
Case Title: M/s Wipro India Ltd. Versus Assistant Commissioner Of Central Tax
Case No: Writ Petition No.16175 Of 2022
Citation: 2023 LiveLaw (Kar) 13
The Karnataka High Court has held that the circular regarding the mismatch of input tax credit (ITC) is applicable for 2019–20 in the case of identical errors.
"Though the Circular refers only to the years 2017–18 and 2018–19, since there are identical errors committed by the petitioner not only in respect of the assessment years 2017–18 and 2018–19 but also in relation to the assessment year 2019–20 also, I am of the view that by adopting a justice-oriented approach, the petitioner would be entitled to the benefit of the Circular for the year 2019–20 also," the single bench of Justice S.R. Kumar said.
Karnataka High Court Strikes Down State Govt's Power To Regulate Fees For Unaided Private Schools
Case Title: Rashmi Education Trust Vidyaniketan School & Others v. State of Karnataka & Others
Case No: WRIT PETITION NO.6313 OF 2017 (EDN) C/W WRIT PETITION NOS. 33161 OF 2017, 47074 OF 2018, 47077 OF 2018, 5072 OF 2019, 6185 OF 2019, 9149 OF 2019, 11657 OF 2019, 14703 OF 2019, 6396 OF 2020, 15241 OF 2021, 15268 OF 2021 AND 16418 OF 2021
Citation: 2023 LiveLaw (Kar) 14
The Karnataka High Court has held that state government cannot interfere and control the fee structure of private unaided educational institutions. It thus declared as ultra vires Section 48 of the Karnataka Education Act 1983 which prohibits private unaided schools from collecting fee in any manner except as prescribed by the State government
A single judge bench of Justice E S Indiresh referred to TMA Pai Foundation case and agreed that the decision on the fee structure must be left to the private unaided educational institutions, as those educational institutions do not seek or are not dependent upon any funds from the Government. It also agreed that their financial affairs are affected by giving admissions to students through RTE.
Karnataka High Court Grants Bail To Accused In Murder Case On Ground Of Parity
Case Title: Ravi @ Kamran Ravi And State of Karnataka
Case No: CRIMINAL PETITION NO. 11294 OF 2022
Citation: 2023 LiveLaw (Kar) 15
The Karnataka High Court has granted bail to a murder accused, observing that though the allegations against him and others are of serious nature but the overt act alleged against him is similar to that of other accused, who have already been granted bail.
"The charge sheet filed by the Investigating Officer makes out a prima facie case against all the accused including the petitioner. Admittedly, the overt act alleged against the present petitioner is similar to that of accused Nos.2 and 3. It is not in dispute that accused Nos. 2 and 3 are already enlarged on bail. Under such circumstances, the benefit of parity is to be extended to the present petitioner," it said.
Case Title: Abdul Majeed And State of Karnataka
Case No: CRIMINAL PETITION NO.10830/2022
Citation: 2023 LiveLaw (Kar) 16
The Karnataka High Court has observed that individual role of accused cannot be considered while deciding on bail application filed by a murder accused who was part of an unlawful assembly and who allegedly committed the offence in pursuance of a common object.
A single judge bench of Justice H P Sandesh made the observation while rejecting the successive bail application filed by accused Abdul Majeed who was charged under sections 143, 144, 147, 148, 341, 342, 323, 324, 364, 307, 302, 506 R/W 149 OF IPC. Earlier his bail application was rejected by the court vide order dated 01.07.2022, on merits.
Apprehension Of Acid Attack: Karnataka High Court Refuses Bail To A Jilted Lover
Case Title: Pavan And State of Karnataka
Case No: CRIMINAL PETITION NO. 9563 OF 2022
Citation: 2023 LiveLaw (Kar) 17
The Karnataka High Court refused bail to a jilted lover, accepting the apprehensions raised by the victim that if released on bail the accused would throw acid on her.
A single judge bench of Justice M G Uma dismissed the petition filed by one Pavan, who was charged for offences punishable under sections 341 (wrongful restraint), 354(D) (stalking) and 506 (criminal intimidation) IPC and provisions of the Protection of Children from Sexual Offences Act.
Case Title: State of Karnataka And Shaikh Rouf
Case No: CRIMINAL APPEAL No.200060/2016
Citation: 2023 LiveLaw (Kar) 18
The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences (POCSO), Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to five years.
A single judge bench of Justice V. Srishananda, sitting at Kalaburagi bench, upheld the conviction handed down to Shaikh Rouf under Section 4 of the Act and Section 376 of the Indian Penal Code and enhanced the sentence of the trial court.
Case Title: S Neelakantappa And State of Karnataka & ANR
Case No: CRIMINAL PETITION NO.6915/2016
Citation: 2023 LiveLaw (Kar) 19
The Karnataka High Court has quashed a cheating case registered against a 61-year-old man who is alleged to have fraudulently obtained a false Caste Certificate, stating that he belongs to Scheduled Caste on which basis he secured a job in BEML.
A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by S. Neelakantappa, saying “The Caste Certificate issued in favour of the petitioner having not been cancelled under the provision of the Rules, (Karnataka Schedule Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.) Rules 1992, cognizance taken by the learned Magistrate on the basis of the final report is impermissible.”
Case Title: Honnegowda & ANR And State of Karnataka
Case No: WRIT PETITION NO.1353/2018
Citation: 2023 LiveLaw (Kar) 20
The Karnataka High Court has quashed criminal proceedings initiated against two employees of Attica Gold Pvt. Ltd, accused of purchasing stolen gold jewellery as the police failed to arraign the company as accused in the case.
A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Honnegowda and Praveen H K and said “The charge sheet is laid against the petitioners-accused Nos. 2 and 4 alleging that the company in which they are working as an employees have purchased the stolen gold jewellery. In the absence of the company not being arraigned as a accused, the petitioners-accused Nos.2 and 4 cannot be held vicariously guilty of the same.
Karnataka High Court Directs State Govt to Pay ₹3 Lakh To Lawyer Arrested Illegally By Police
Case Title: Kuldeep And State of Karnataka & Others
Case no: WRIT PETITION No.24832 OF 2022
Citation: 2023 LiveLaw (Kar) 21
The Karnataka High Court has directed the state government to pay a compensation of Rs 3 lakh to a 23-year-old advocate, who was last month arrested illegally by the police.
Justice M Nagaprasanna said that lawyer Kuldeep's arrest was contrary to the guidelines issued by the Apex Court in the case of Arnesh Kumar. The court clarified that the compensation of Rs 3 Lakh will not come in the petitioner's way to claim additional compensation in a competent civil court in enforcement of a private law remedy.
Case Title: Union of India & others And State of Karnataka & others
Case No: WRIT PETITION No.33252 OF 2012
Citation: 2023 LiveLaw (Kar) 22
The Karnataka High Court recently quashed the demand notices issued to the Union of India by the Mangalore Municipal Corporation towards payment of property tax in respect of the building used for staff quarters.
A single judge bench of Justice M G S Kamal by its order dated November 8, 2022, quashed the notices issued by the corporation dated 04-06-2010 and 16-07-2011. However, since the amount was already paid to the corporation by the department, it directed the corporation to adjust the same towards payment of service tax for the amenities provided.
Marriage With Minor Girl Not Void U/S 11 Of Hindu Marriage Act: Karnataka High Court
Case Title: XXX And ABC
Case No: MISCELLANEOUS FIRST APPEAL NO.1493 OF 2015
Citation: 2023 LiveLaw (Kar) 23
The Karnataka High Court has set aside an order passed by the family court under the Hindu Marriage Act by which it declared the marriage between a couple to be null and void, as the woman was minor at the time of marriage.
A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty observed that Section 11 of the Act, which defines 'Void marriages', does not include legal age of marriage as a pre-condition. It thus set aside the family court order dated 08.01.2005 saying “Section 11 of the Act has no application to the fact situation of the case.”
Case Title: XYZ And ABC
Case No: WRIT PETITION NO. 24226 OF 2022
Citation: 2023 LiveLaw (Kar) 24
The Karnataka High Court has said that if a wife is directed to pay maintenance to an able bodied husband who does not suffer from any disability or infirmity, it would be promoting idleness.
A single judge bench of Justice M Nagaprasanna made it clear that “Merely because Section 24 of (Hindu Marriage) Act is gender neutral for grant of maintenance, it would be promoting idleness notwithstanding the fact that the husband has no impediment or handicap to earn.”
Case Title: K V Srinivas Rao & others And State of Karnataka & Others
Case No: WRIT PETITION NO.24580/2021(LA-RES) C/W WRIT PETITION NOS.22750/2021(LB-RES), 23022/2021(LB-RES),6905/2022(LA-RES)
Citation: 2023 LiveLaw (Kar) 25
The Karnataka High Court has said that if some landowners have relinquished their land it cannot be a ground to compel other landowners to do so except in accordance with law.
A single judge bench of Justice Krishna S Dixit, partly allowed a bunch of petitions and restrained the Land Acquisition officer of Sagar City Municipal Council, from forcibly taking away the land of petitioners for expansion of a road.
Case Title: Rajeev Chandrasekhar And State of Karnataka
Case No: CRIMINAL PETITION NO.201520/2019
Citation: 2023 LiveLaw (Kar) 26
The Karnataka High Court has quashed the proceedings initiated under the Working Journalists and Other Newspaper Employees (Conditions of Service) And Miscellaneous Provisions Act, 1955, against Union Minister Rajeev Chandrasekhar.
Justice V Srishananda sitting at Kalaburagi bench quashed the proceedings initiated under section 18 of the Act. The allegation against Chandrasekhar was that as Director of Kannada Prabha Publications Limited, he had violated the provisions of the Act.
Case Title: Dr.Satyakk And Government of India & Others
Case No: W.P.No.200151/2022
Citation: 2023 LiveLaw (Kar) 27
The Karnataka High Court recently dismissed a petition filed by a Medical Graduate, questioning the endorsement issued to him by the Department of Health and Family Welfare Service rejecting his application for the post of Medical Officer on the grounds that he has graduated from a University in China.
A single judge bench of Justice Anant Ramanath Hegde while rejecting the petition filed by Dr.Satyakk, accepted the submission of the State Government that the eligibility criteria fixed by the State of Maharashtra, which recognises foreign University degrees for employment, is not binding on the State of Karnataka.
Case Title: National Insurance Company Ltd And Menpa Maistry & others
Case No: MFA NO.4286 OF 2014
Citation: 2023 LiveLaw (Kar) 28
The Karnataka High Court has said that an insurance company is liable to pay compensation to a patient who succumbs to his ailments, when the ambulance in which he is being shifted to a hospital for better treatment meets with an accident.
A single judge bench of Justice T.G.Shivashankare Gowda turned down the contention of the National Insurance Company Ltd and upheld the order passed by the Motor Accident Claims Tribunal granting compensation to the claimants of the deceased Ravi.
Case Title: K M Basha And State of Karnataka
Case No: CRIMINAL PETITION NO.201668/2022
Citation: 2023 LiveLaw (Kar) 29
The Karnataka High Court has quashed proceedings initiated against a man for posting on his Facebook page a message — the contents of which, the police claimed, amounted to insulting the soldiers and disturbing the peace and tranquillity of the society.
Justice V Srishananda allowed the petition filed by one K M Basha and quashed the order taking cognisance of the chargesheet filed against him under Section 505 IPC. The court said before taking of the cognizance by the Magistrate for the offences punishable under Section 505 of IPC, prior sanction under Section 196(1)(A) of Cr.P.C. is necessary.
Case Title: M/s BBP Studio Virtual Bharat Pvt Ltd And State of Karnataka & Others
Case No: WRIT PETITION NO.21308 OF 2022
Citation: 2023 LiveLaw (Kar) 30
The Karnataka High Court has directed the State government to release balance payments due to M/s BBP Studio Virtual Bharat Pvt Ltd, which was appointed to produce a 3D film during the Global Investors Meet, held in November 2022, but the contract was cancelled last minute and film was not showcased at the event.
A single judge bench of Justice M Nagaprasanna quashed the communication dated 25-10-2022 issued by Marketing Communication And Advertising Ltd, cancelling the work order issued for producing the film to the petitioner.
Case Title: Shailesh Kumar V And State of Karnataka
Case No: CRIMINAL PETITION No.2797 OF 2022
Citation: 2023 LiveLaw (Kar) 31
The Karnataka High court has held that mere hurling of abuses without any intention to insult or make casteist remarks will not become an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
A single judge bench of Justice M Nagaprasanna partly allowed the petition filed by one Shailesh Kumar V and quashed charges levelled against him under Section 3(1)(r) &(s) of the Act, while sustaining and permitting continuation of proceedings for charges under the Indian Penal Code.
Karnataka High Court Quashes Cheating Case Against Matrimonial Website Employees
Case Title: Vijay Kumar & ANR And State of Karnataka
Case no: WRIT PETITION NO.29340/2017
Citation: 2023 LiveLaw (Kar) 32
The Karnataka High Court has quashed a case registered against two employees of a matrimonial website by a woman subscriber, who was cheated by a man she had come into contact through the portal.
The woman in her complaint in 2017 said that she had created her profile on the "Kannada Matrimony" and subsequently she came into contact with a person by name of Amit Deepak through the portal. The accused on one pretext or the other demanded money from the complaint which she transferred to him. After speaking with a close friend, she realised that she was cheated by Deepak for a sum of Rs.1,70,000.
Case Title: M/s Allengers Medical Systems Ltd And State of Karnataka
Case No: WRIT PETITION No.17634 OF 2022
Citation: 2023 LiveLaw (Kar) 33
The Karnataka High Court has said that a tender inviting authority is empowered only to cancel the tender prior to notification of award and execution of the contract. Once the award is notified, it is statutorily impermissible to withdraw or cancel the tender except for violation of the tender conditions, said the court.
Justice M Nagaprasanna allowed the petition filed by M/s Allengers Medical Systems Limited and directed Karnataka State Medical Supplies Corporation Limited to issue purchase order for portable X-ray machines in favour of the company pursuant to the Tender Notification dated 27-10-2021 and award of tender in its favour, within 2 weeks.
Case Title: Padmanabha N S & others v. State of Karnataka & ANR
Case no: WRIT PETITION NO.20228 OF 2021
Citation: 2023 LiveLaw (Kar) 34
The Karnataka High Court, while refusing to quash proceedings against accused under the Schedule Caste and Scheduled Tribe (Prevention of Atrocities) Act, said that despite the completion of 75 years of independence of India, "the downtrodden people [are] not able to do any business equal to that of any other business people who were said to be in upper caste."
The court made the observation in the judgment on a petition seeking quashing of the proceedings against the petitioners. who had allegedly threatened a resort owner, belonging to the Wadda community (stone cutters).
Case Title: Ranjith Naik K V & Others And State of Karnataka & Others
Case No: WRIT PETITION NO.3079/2022
Citation: 2023 LiveLaw (Kar) 35
The Karnataka High Court has suggested to the State Government to appoint guest lecturers in government colleges only if they meet the minimum educational qualification prescribed by the UGC.
A single judge bench of Justice B M Shyam Prasad made the observation while disposing of a batch of petitions filed by guest lecturers questioning the government order dated 14.01.2022, insofar as it stipulates that even a candidate who does not possess minimum educational qualification as prescribed by UGC, could be appointed provided such qualification is acquired within three years and if the minimum qualification is not acquired within those three years and after three years, the appointment of such applicants would be completely restricted.
Case Title: Thotlegowda v. State of Karnataka
Case No: CRIMINAL APPEAL NO. 165 OF 2012
Citation: 2023 LiveLaw (Kar) 36
The Karnataka High Court has said that death of the convict does not discharge his liability from paying fine and compensation imposed by court. It can be recovered from the property which goes to his legal heirs after his death and they are legally liable for payment of fine.
A single judge bench of Justice Shivashankar Amarannavar made the observation while dismissing an appeal filed by one Thotlegowda challenging the order by which he was convicted for the offence punishable under Section 135 and 138 of Indian Electricity Act, 2003 and directed to pay a fine amount of Rs 29,204.