Karnataka High Court Weekly Round-Up: April 10 To April 16, 2023

Nominal Index [Citations 144 - 151]:

Ramamurthy N And Bruhat Bengaluru Mahanagara Palike & Others. 2023 LiveLaw (Kar) 144

Isthiyak Ahmed And Election Commission of India & Others. 2023 LiveLaw (Kar) 145

K. Shankarlal v. Post Master, India Post & Ors. 2023 LiveLaw (Kar) 146

Roopa D And Rohini Sindhuri &ANR. 2023 LiveLaw (Kar) 147

ABC And XYZ. 2023 LiveLaw (Kar) 148

Coolulu Sports Private Limited And Union of India & Others. 2023 LiveLaw (Kar) 149

Kanchan Srinivasan And Bangalore Cyber Crime Police Station & ANR. 2023 LiveLaw (Kar) 150

THE SCHOOL DEVELOPMENT AND MONITORING COMMITTEE And THE STATE OF KARNATAKA & Others. 2023 LiveLaw (Kar) 151

Judgments/Orders.

Be Careful Of Complaints Filed By Parties To Judicial Proceedings To Settle Personal Scores: Karnataka High Court To BBMP

Case Title: Ramamurthy N And Bruhat Bengaluru Mahanagara Palike & Others

Case No: WRIT PETITION NO. 22305 OF 2016

Citation: 2023 LiveLaw (Kar) 144

The Karnataka High Court has advised the Bruhat Bengaluru Mahanagara Palike (BBMP) to be careful with complaints made by a party to a civil proceedings against its opponent, and initiate action only in accordance with law.

A single judge bench of Justice Suraj Govindaraj allowed the petition filed by one Ramamurthy N and quashed the order passed by the corporation issued under Section 321 (3) of the Municipal Corporation act against him on the complaint made by his brother.

Election Officials Have No Authority To Search And Seize Material Before Announcement Of Election: Karnataka High Court

Case Title: Isthiyak Ahmed And Election Commission of India & Others

Case No: WRIT PETITION NO. 6865 OF 2023

Citation: 2023 LiveLaw (Kar) 145

The Karnataka High Court has made it clear that Returning Officer or the election officials would not get any jurisdiction to search or seize any material before announcement of elections.

A single judge bench of Justice M Nagaprasanna observed, “The Returning Officer or the election officials would not get any jurisdiction to search or seize any material before the announcement of elections. Merely because they are appointed as Officers for conduct of elections, they cannot use the said power before the declaration of elections. After the declaration of elections, the entire domain would be open, but not till then.”

Karnataka High Court Raps Postal Officials For Opening HUF PPF Account After Withdrawal Of Scheme, Orders Payment Of Interest

Case Title: K. Shankarlal v. Post Master, India Post & Ors.

Case No: WRIT PETITION NO. 2042 OF 2023

Citation: 2023 LiveLaw (Kar) 146

The Karnataka High Court recently came to the rescue of a 48 years old Bengaluru resident who was denied interest on PPF deposits, stating that his HUF PPF account was opened irregularly after the scheme was amended.

Stating that it was for the authorities to detect such irregular accounts and inform the investors immediately, a single judge bench of Justice M Nagaprasanna cautioned the Postmaster and the Senior Superintendent of Post Offices that failure to do so will lead to the Officers who manage such accounts being held responsible for dereliction of duty.

Karnataka High Court Vacates Temporary Injunction Restraining IPS Officer Roopa Moudgil From Circulating Defamatory Content Against IAS Rohini Sindhuri

Caset Title: Roopa D And Rohini Sindhuri &ANR

Case No: WP 5814/2023.

Citation: 2023 LiveLaw (Kar) 147

The Karnataka High Court on Tuesday vacated the temporary injuction order passed by a Civil court in Bengaluru, restraining IPS officer D Roopa Moudgil from publishing any defamatory content against IAS officer Rohini Sindhuri.

A single judge bench of Justice Sreenivas Harish Kumar allowed the petition filed by Moudgil questioning the order dated March 7, by which the trial court had extended the life of injunction order.

No Rebuttal To Desertion Allegations Despite Entering Appearance: Karnataka High Court Dismisses Wife's Appeal Against Divorce Decree

Case Title: ABC And XYZ

Case No: MISCELLANEOUS FIRST APPEAL NO.4290 OF 2016

Citation: 2023 LiveLaw (Kar) 148

The Karnataka High Court has dismissed an appeal filed by a woman challenging an order of the family court granting divorce on the grounds of desertion as the wife failed to counter the averments made by the husband in the petition.

A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil said “It is trite law that if a witness is not subjected to cross-examination by the other side, his testimony is deemed to have been accepted.”

Lulu Mall v. Coolulu Sports Trademark Dispute: Karnataka High Court Directs Centre To Pass Reasoned Orders U/S 16 Companies Act

Case Title: Coolulu Sports Private Limited And Union of India & Others

Case No: WRIT PETITION No.15087 OF 2022

Citation: 2023 LiveLaw (Kar) 149

The Karnataka High Court has directed the Regional Director, Ministry of Corporate Affairs to consider afresh whether the word “lulu” in the title of Coolulu Sports Private Limited company is identical to Lulu International Shopping Malls Private Limited a well known trademark.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Coolulu Sports Private Limited and set aside the order passed by Regional Director, Ministry of Corporate Affairs, date 30-03-2022, restraining the company from using the word “lulu” from the title of its name. The court has directed the Regional Director to pass orders afresh within three months and till then it has directed the parties to maintain status quo.

Karnataka High Court Orders De-Freezing Of Advocate's Account After She Explains Money Received From Cheating Accused Is Toward Professional Fee

Case Title: Kanchan Srinivasan And Bangalore Cyber Crime Police Station & ANR

Case No: WRIT PETITION NO. 6532 OF 2023

Citation: 2023 LiveLaw (Kar) 150

The Karnataka High Court has accepted the submission made by an advocate that the amount received by her from a client who is accused in a cheating case is towards professional fee and has directed the police to instruct the bank to defreeze his account.

A single judge bench of Justice M Nagaprasanna disposed of the petition filed by Kanchan Srinivasan and said “In the light of the explanation so submitted and there being no material, I deem it appropriate to direct the Investigating Officer to direct the concerned Bank to defreeze the account that has been debit frozen within the next one week.”

Can't Reduce Right To Education To Mere "Rope Of Sand": Karnataka High Court On School Demolition For Mysore Expressway, Orders New Building

Case Title: THE SCHOOL DEVELOPMENT AND MONITORING COMMITTEE And THE STATE OF KARNATAKA & Others

Case No: WRIT PETITION No.21595 OF 2022

Citation: 2023 LiveLaw (Kar) 151

The Karnataka High Court has directed the State Government to forthwith identify/approve identified land for construction of a school building in Maddur Taluk, which was demolished after land on which it stood was acquired for widening and upgrading Bangalore – Mysore Highway.

A single judge bench of Justice M Nagaprasanna was irked by the three year delay at the hand of the state government officials in constructing the new school building and on perusal of the photographs highlighting the conditions in the makeshift schools which the children are attending. It said “This Court would not permit the State to reduce the fundamental right of children under Article 21-A of the Constitution of India, to a “mere rope of sand”".