Karnataka High Court Monthly Digest: January 2024

Citations: 2024 LiveLaw (Kar) 01 To 2024 LiveLaw (Kar) 53

Nominal Index:

Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw (Kar) 1

H B Bhagyalakshmi AND Cheluvamma. 2024 LiveLaw (Kar) 2

Late H.H. Jyotendra Sinhji Vikramsinhji & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 3

Hemanth Raju AND Punitha H J and Another. 2024 LiveLaw (Kar) 4

ABC AND State of Karnataka & Others. 2024 LiveLaw (Kar) 5

Channabasappa Hosmani AND Parvatevva alias Kasturevva & Others. 2024 LiveLaw (Kar) 6

Jagdeep Rao AND State of Karnataka & Others. 2024 LiveLaw (Kar) 7

M/S. V.K. Niranjan And Co Versus Commissioner Of Service Tax. 2024 LiveLaw (Kar)8

Adarsh Developers Versus The Deputy Commissioner Of Income Tax. 2024 LiveLaw (Kar) 9

H Manjunath AND Karnataka State Bar Council & ANR. 2024 LiveLaw (Kar) 10

All India HDPE/PP Woven Fabric Manufacturers Association AND The Secretary Government of India, Competition Commission of India & Others. 2024 LiveLaw (Kar) 11

ABC AND XYZ. 2024 LiveLaw (Kar) 12

Bhimappa Gundappa Gadad AND Government of Karnataka. 2024 LiveLaw (Kar) 13

Sanjay M Peerapur & Another & Union of India & Others. 2024 LiveLaw (Kar) 14

H T Munikumar & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 15

ANI Technologies Private Limited AND State of Karnataka & Others. 2024 LiveLaw (Kar) 16

Gururaj Jeevan Rao And State of Karnataka. 2024 LiveLaw (Kar) 17

Nagaraj AND The Commissioner Bruhat Bengaluru Mahanagara Palike & Others. 2024 LiveLaw (Kar) 18

G R Medical College Hospital and Research Centre AND Union of India & Others. 2024 LiveLaw (Kar) 19

M/S Hatsoff Helicopter Training P Limited Versus State Of Karnataka. 2024 LiveLaw (Kar) 20

Attikaribettu Grama Panchayath AND Ganesha & Others. 2024 LiveLaw (Kar) 21

Sharadha L Dodmani AND State of Karnataka & Others. 2024 LiveLaw (Kar) 22

Shrishail AND State of Karnataka. 2024 LiveLaw (Kar) 23

M/s Thakur Industries AND State of Karnataka & Others. 2024 LiveLaw (Kar) 24

Koshy Varghese AND Union of India & Others. 2024 LiveLaw (Kar) 25

Mudiyappa AND Basavaraj @ Basappa & Others 2024 LiveLaw (Kar) 26

Shrikant Bhat AND The State of Karnataka. 2024 LiveLaw (Kar) 27

Harish K B AND Ponnamma & ANR. 2024 LiveLaw (Kar) 28

Sadatulla Syed AND National Investigation Agency. 2024 LiveLaw (Kar) 29

ABC AND XYZ. 2024 LiveLaw (Kar) 30

Ramesh Timmanna Umarani AND The Sub-Registrar. 2024 LiveLaw (Kar) 31

Nanjundappa & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 32

Vihaan Peethambar AND Manipal University. 2024 LiveLaw (Kar) 33

Dr Rajini C K AND The State of Karnataka & Others. 2024 LiveLaw (Kar) 34

Raktima Khanum AND Union of India & Others. 2024 LiveLaw (Kar) 35

Adichunchanagiri Maha Samstana Mutt AND State of Karnataka & Others. 2024 LiveLaw (Kar) 36

The New India Assurance Company Limited AND Sadika & Others. 2024 LiveLaw (Kar) 37

Anjinamma & Others AND Mohammed Sajjad Sait & ANR . 2024 LiveLaw (Kar) 38

M/s Ownpath Learning Private Limited AND State By Intelligence Officer & ANR. 2024 LiveLaw (Kar) 39

K L Shivanna AND Deputy Commissioner, Tumkuru District. 2024 LiveLaw (Kar) 40

M/s Achiever Agri India (P) Ltd & Others AND State By Sub Inspector Hebbagodi Police Station & Others. 2024 LiveLaw (Kar) 41

Master Thejas & Another AND C R Babu. 2024 LiveLaw (Kar) 42

ABC AND Union of India. 2024 LiveLaw (Kar) 43

Chikkanna AND Karnataka State Bar Council & Others. 2024 LiveLaw (Kar) 44

SHREE RAMACHANDRAPURA MATH AND State of Karnataka & Others. 2024 LiveLaw (Kar) 45

Aishwaryagiri Constructions PVT Ltd AND State of Karnataka & Others. 2024 LiveLaw (Kar) 46

M/s ICICI Lombard Company Ltd AND Ms Harshitha B & ANR. 2024 LiveLaw (Kar) 47

Management of M/s Tata Advanced System Limited AND The Secretary To Department of Labour & Others. 2024 LiveLaw (Kar) 48

K T Suresh & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 49

K Sajan Aiyappa AND Deputy Commissioner and District Magistrate, Kodogu District. 2024 LiveLaw (Kar) 50

Manikeppa Helavar AND The State Through Mudhol P.S. 2024 LiveLaw (Kar) 51

Anurag Bagaria Versus The Income Tax Department. 2024 LiveLaw (Kar) 52

ABC AND State of Karnataka. 2024 LiveLaw (Kar) 53

Judgments/Orders

Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship

Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka

Case No: Criminal Petition No 100721 of 2023.

Citation No: 2024 LiveLaw (Kar) 1

The Karnataka High Court recently obliterated rape charges levelled against a man but directed him to pay Rs 10,000 monthly maintenance to the child born out of the consensual relationship which he had with the lady, whom he allegedly lured on the promise of marriage.

A single judge bench of Justice M Nagaprasanna partly allowed the petition filed by one Raghvendraraddi Shivaraddi Naduvinamani and quashed the charges of rape under Section 376 IPC, but continued proceedings against him under sections 506, 417 and 420 of the Code.

It said,“In the peculiar facts of this case, as it is found that the petitioner is the biological father of the child, he cannot now show a hands off to the responsibility of the child which is born to him albeit, till the conclusion of the trial. I therefore, deem it appropriate to direct the petitioner to pay maintenance to the child at Rs.10,000 p.m. till the conclusion of the trial.”

Drawer's Consent Not Required For Alterations To Body Of Blank Signed Cheque But Shouldn't Exceed Amount Covered By It: Karnataka High Court

Case Title: H B Bhagyalakshmi AND Cheluvamma

Case No: Criminal Appeal No 2104 OF 2018

Citation No: 2024 LiveLaw (Kar) 2

The Karnataka High Court has held that when the drawer of the cheque signs and issues a blank cheque to the complainant, if any alteration appears on the body of the cheque, such alterations need not require the consent of the drawer of the cheque.

A single judge bench of Justice S Rachaiah made the observation while allowing the appeal filed by a school teacher H B Bhagyalakshmi and setting aside the acquittal of Cheluvamma from offence punishable under Section 138 of the Negotiable Instruments Act.

Karnataka Town Planning Act | Land Reservation For Public Use Lapses If Not Acquired Within 5 Yrs: High Court

Case Title: Late H.H. Jyotendra Sinhji Vikramsinhji & Others AND State of Karnataka & Others

Case No: Writ Petition No 1678 OF 2015.

Citation No: 2024 LiveLaw (Kar) 3

The Karnataka High Court has declared that land reserved for public use such as parks, cemeteries, etc., in terms of Section 12(1)(c) of the Karnataka Town and Country Planning (KTCP) Act, loses such reservation if not acquired within five years.

A single judge bench of Justice Suraj Govindaraj held that when such designation lapses, if the land owner wants to make use of the land for a different purpose than for which it was designated, then they would have to apply under Section 69(3) of the KTCP Act for consideration of new land use proposed by the owner, which would be considered based on the surrounding developments after inviting objections from the general public and would be considered in a meeting of the Authority.

Damaged Car Owner Can Claim Amount From Offending Vehicle's Insurer If Damage Amount Not Fully Reimbursed By His Own Insurer: Karnataka HC

Case Title: Hemanth Raju AND Punitha H J and Another

Case No: Miscellaneous First Appeal No 6841 OF 2013.

Citation No: 2024 LiveLaw (Kar) 4

The Karnataka High Court has held that in a motor accident if the total amount for repairs is not reimbursed by the insurer of the damaged vehicle, the claimant will have every right to approach the Motor Accident Claims Tribunal to seek an order for payment of the balance amount from the insurer of the offending vehicle.

A single judge bench of Justice Dr Chillakur Sumalatha partly allowed the appeal of one such claimant, a taxi owner, against the Tribunal's order rejecting his claim.

It said,“The claimant cannot claim the same amount which he received from his insurer towards damages to the vehicle again from the insurer of the offending vehicle. However, if the total amount is not reimbursed by his insurer, the claimant will have every right to seek the Tribunal to order for payment of the balance amount from the insurer of the offending vehicle.”

Woman Brings US-Born Daughter To India In Violation Of Foreign Court Order: Karnataka HC Refuses To Interfere, Says Child's Welfare Paramount

Case Title: ABC AND State of Karnataka & Others

Case No: W.P.H.C NO. 43 OF 2023

Citation No: 2024 LiveLaw (Kar) 5

The Karnataka High Court has dismissed the habeas corpus petition filed by a father residing in the USA, seeking a direction upon his wife to hand over their 4 year-old daughter's custody to him.

The man claimed that his wife had brought the child to India in violation of the US-Court's orders. A division bench of Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda however dismissed the petition saying, “Keeping in view the welfare of minor girl, in our considered opinion, the girl being a four year old girl child, it would be in her best interest to remain in the custody of her mother.”

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court

Case Title: Channabasappa Hosmani AND Parvatevva alias Kasturevva & Others

Case No: Writ Petition no 105363 OF 2023

Citation No: 2024 LiveLaw (Kar) 6

The Karnataka High Court has held that legal heirs of a daughter are entitled to equal share in the family properties, even if the daughters had passed away before the amendment to the Hindu Succession Act, came into force in 2005.

A single judge bench of Justice Sachin Shankar Magadum, dismissed the plea filed by Channabasappa Hosmani, questioning the order passed by the trial court wherein his application made under Section 152 of the Civil Procedure Code, was declined and the trial court refused to amend the preliminary decree which granted equal share to the legal heirs of the pre-deceased daughters.

Playing With Children's Future: High Court Imposes ₹1 Lakh Cost On Bengaluru's Brigade School For Delayed Compliance Of Its Order

Case Title: Jagdeep Rao AND State of Karnataka & Others

Case No: CCC 1307/2023

Citation No: 2024 LiveLaw (Kar) 7

The Karnataka High Court on Friday saddled the Brigade School in Bengaluru's Malleshwaram area with Rs 1 lakh cost for failure to comply with its interim order requiring it to permit petitioner's daughter to attend classes. She was deprived of attending classes on account of non-submission of an undertaking from the parents, which the school wanted.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit directed the amount to be deposited with the Chief Ministers Fund, within two weeks.

CA Firm Paid Service Tax With Accrued Interest Before Show Cause Notice: Karnataka High Court Reduces Penalty From 100% To 25%

Case Title: M/S. V.K. Niranjan And Co Versus Commissioner Of Service Tax

Case No.: REVIEW PETITION No.384 OF 2022

Citation No: 2024 LiveLaw (Kar) 8

The Karnataka High Court has held that the service tax has been paid with accrued interest even before the show cause notice has reached the review petitioner.

The bench of Justice P.S. Dinesh Kumar and Justice V. Srishananda has observed that the show cause notice itself shows that there was a payment of service tax along with interest by the review petitioner. The court has reduced the penalty from 100% to 25% and directed the review petitioner to pay Rs. 2,50,000 to meet the ends of justice.

Scrutiny Notices Issued By NaFAC Addl. CIT Instead Of AO Under Central Charge Is Valid: Karnataka High Court

Case Title: Adarsh Developers Versus The Deputy Commissioner Of Income Tax

Case No.: Writ Petition No.1109/2023

Citation No: 2024 LiveLaw (Kar) 9

The Karnataka High Court upheld the validity of scrutiny notices issued by the National Faceless Assessment Centre (NaFAC) Addl. CIT instead of the Jurisdictional Assessing Officer (JAO) under central charge.

The bench of Justice B. M. Shyam Prasad has observed that if the right to call in question the jurisdiction is left open to be raised at any stage, the proceedings will remain inconclusive, and that could not have been the intention of the legislature.

Karnataka High Court Directs State Bar Council To Afford Hearing To Advocate Accused Of Sexually Harassing Female Lawyer, Quashes Suspension

Case Title: H Manjunath AND Karnataka State Bar Council & ANR

Case No: Writ Petition No 27909 OF 2023

Citation No: 2024 LiveLaw (Kar) 10

The Karnataka High Court has set aside an order of the State Bar Council (KSBC) suspending an advocate from practising in any Courts of the country, for allegedly sexually harassing a female lawyer.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by H Manjunath and remitted the matter back to the Council to consider the objections of the petitioner that he has to file on or before January 10.

Will Help Meet Global Standards: Karnataka HC Upholds Union Govt Notification Imposing Quality Control On Polyethylene Used To Make Plastic

Case Title: All India HDPE/PP Woven Fabric Manufacturers Association AND The Secretary Government of India, Competition Commission of India & Others

Case No: Writ Petition 287 OF 2024

Citation No: 2024 LiveLaw (Kar) 11

The Karnataka High Court has upheld a Government of India notification dated 15-04-2021 which imposes quality control on polyethylene, used to manufacture different types of plastic.

A Single judge bench of Justice M Nagaprasanna dismissed the plea filed by All India HDPE/PP Woven Fabric Manufacturers Association and said that if the product was sought to be exported under the “Made in India” tag, then quality insistence from the threshold would ensure that the final product would meet all the necessary global standards.

Karnataka High Court Sets Aside Ex-Parte Divorce Decree Passed During Covid-19 Pandemic; Says Marriage Sacrosanct, Wife Can't Be Condemned Unheard

Case Title: ABC AND XYZ

Case NO: Miscellaneous First Appeal No 6578/2021

Citation No: 2024 LiveLaw (Kar) 12

The Karnataka High Court has set aside an ex-parte divorce decree passed by the trial court in 2021, as the trial Court had conducted the hearing including recording of the evidence when the world was in the grip of Covid-19 pandemic.

A division bench of Justice K S Mudagal and K V Aravind allowed the appeal filed by the wife and set aside the decree passed by the trial court on the petition filed by the husband seeking divorce on grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act.

God Is One, Though Called By Many Names: Karnataka HC Dismisses Plea Seeking Disqualification Of Ministers & MLAs For Not Taking Oath As Prescribed

Case Title: Bhimappa Gundappa Gadad AND Government of Karnataka

Case No: Writ Petition No 24939 OF 2023

Citation No: 2024 LiveLaw (Kar) 13

The Karnataka High Court recently dismissed a plea seeking the disqualification of 9 ministers and 37 MLAs, who did not take oath as per the prescribed format under Schedule III of the Constitution of India.

The plea also called for their appointments to be declared unconstitutional and illegal.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the plea filed by Bhimappa Gundappa Gadad and said “Oath can be taken in the name of God or by solemn affirmation without taking any name of God. This becomes evident by a sheer look at all the formats enlisted in the Third Schedule to the Constitution of India which employs the expression “swear in the name of God” and alternatively other expressions “solemnly affirm.”

Karnataka High Court Strikes Down 100% Reservation For Women In Recruitment To Cadre Of 'Nursing Officers' In Military

Case Title: Sanjay M Peerapur & Another & Union of India & Others.

Case No: Writ Petition No 62966 OF 2011

Citation No: 2024 LiveLaw (Kar) 14

The Karnataka High Court has struck down the expression "if woman" found in Section 6 of the Indian Military Nursing Services Ordinance, 1943 as unconstitutional. By this expression, 100 percent recruitment was reserved for women in the cadre of 'nursing officers'.

A Single judge bench of Justice Ananth Ramanath Hegde sitting at Dharwad partly allowed the plea filed by Sanjay M Peerapur and said “Women are justifiably considered to be a separate class under the Constitution. However, it does not mean that there can be hundred percent reservations in employment for women to the exclusion of all others when the classification is solely based on the sex without having any rational nexus to the object sought to be achieved.

Karnataka Co-operative Societies Act | All Director Posts Deemed Vacated If Few Members Resign And Board Falls Short Of Quorum: High Court

Case Title: H T Munikumar & Others AND State of Karnataka & Others

Case No: WRIT PETITION NO.22398 OF 2023 C/W WRIT PETITION NO.23943 OF 2023 /W WRIT PETITION NO. 23318 OF 2023.

Citation No: 2024 LiveLaw (Kar) 15

The Karnataka High Court has held that upon the resignation of few members of the Board of a Society as governed under the Karnataka Co-operative Societies Act, elections are required to be held to the posts of all the Directors including the posts of Directors who have not tendered their resignations, if the Board falls short of quorum.

A single judge bench of Justice C M Poonacha dismissed a batch of petitions challenging appointment of the Special Officer to administer the society and conduct of elections to all the posts of directors.

Copyright Act | Karnataka High Court Quashes Prosecution Against ANI Technologies, CEO Upon Being Told Of Settlement Between Parties

Case Title: ANI Technologies Private Limited AND State of Karnataka & Others

Case No: Criminal Petition No 10156 OF 2022

Citation No 2023 LiveLaw (Kar) 16

The Karnataka High Court has quashed prosecution initiated under provisions of the Copyright Act, against ANI Technologies Private Limited which operates Olacabs, and its Chief Executive Officer, Bhavish Aggarwal.

A single judge bench of Justice K Natarajan allowed the petition and quashed the FIR registered by the Jeevan Bheemanagar Police Station under sections 63 and 64 of the Copyright Act, 1957.

Pontiff Travelling Abroad No Ground To Bar Him From Performing Pooja At Udupi Temple: Karnataka High Court

Case Title: Gururaj Jeevan Rao And State of Karnataka

Case No: Writ Petition No 634 of 2024.

Citation No: 2024 LiveLaw (Kar) 17

The Karnataka High Court has dismissed a PIL seeking to preclude Puttige Mutt seer Sugunendra Theertharu from performing religious rituals in Udupi as he had travelled abroad.

Petitioner Gururaj Jeevan Rao claimed that the pontiff had crossed oceans and therefore, as per traditions of subject Mutt, he is not entitled to touch the idol of Lord Krishna and he is disqualified from worshipping the deity.

Purchasing Even 50 Sq Mtrs Plot A Dream In Bangalore, Authorities Should Favourably Consider Sanctioning Building Plans: High Court

Case Title: Nagaraj AND The Commissioner Bruhat Bengaluru Mahanagara Palike & Others

Case No: WRIT PETITION NO. 7204 OF 2021 C/W WRIT PETITION NO. 26829 OF 2017 WRIT PETITION NO. 11852 OF 2021 WRIT PETITION NO. 22426 OF 2022, WRIT PETITION NO. 16580 OF 2023, WRIT PETITION NO. 16912 OF 2023, WRIT PETITION NO. 19268 OF 2023, WRIT PETITION NO. 22463 OF 2023.

Citation No: 2024 LiveLaw (Kar) 18

The Karnataka High Court has held that there is no blanket prohibition which is imposed as regards sanction of construction plan on a plot measuring less than 50 sq. metres under the Bangalore Mahanagara Palike Building Bye-laws, 2003.

Instead such sanction in respect of private landowners would have to be considered and acceded to by following due principles of law, in the interest of citizens, it added.

Karnataka HC Upholds Non-Renewal Of License Of G.R. Medical College Due To Deficiencies, Allows Transfer Of Enrolled Students To Other Colleges

Case Title: G R Medical College Hospital and Research Centre AND Union of India & Others

Case No: WRIT PETITION NO.17254 OF 2023 (EDN-RES) C/W WRIT PETITION NO. 22397 OF 2023

Citation No: 2024 LiveLaw (Kar) 19

The Karnataka High Court has dismissed a plea filed by a G.R. Medical College Hospital and Research Centre, Mangalore, challenging the National Medical Council's (NMC) denial of renewal of permission for its 150 1st year MBBS Seats for the academic year 2022-23 and the government's decision to transfer the 150 students to different Medical Colleges in the State.

A division bench of Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda dismissed the petition and said “No ground is made out for exercise of extraordinary jurisdiction under Article 226 of the Constitution of India.”

Tax Exemption Can't Be Denied To Govt's Helicopter Pilots Trainer For Non-Furnishing GSTIN : Karnataka High Court

Case Title: M/S Hatsoff Helicopter Training P Limited Versus State Of Karnataka

Case No.: Writ Petition No. 24699 Of 2023

Citation No: 2024 LiveLaw (Kar) 20

The Karnataka High Court has held that tax exemption cannot be denied to the government's helicopter pilot trainer merely for non-furnishing goods and service tax identification numbers (GSTIN) initially.

The bench of Justice B. M. Shyam Prasad has observed that the GSTIN of the recipient organisation was not furnished initially, is able to be furnished later, and demonstrates that its services of imparting training to the helicopter pilots were totally sponsored and borne by the Central Government or the State Government.

Job Predominant Source Of Livelihood, Snatching It Away Offends Fundamental Right To Life: Karnataka High Court On Dismissal Sans Inquiry

Case Title: Attikaribettu Grama Panchayath AND Ganesha & Others

Case No: Writ Appeal No 543 OF 2023

Citation No: 2024 LiveLaw (Kar) 21

The Karnataka High Court has said that Grama Panchayat cannot dismiss an employee only if a criminal case is registered against him. Dismissal from service can be ordered only after holding an enquiry, it added.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the appeal filed by Attikaribettu Grama Panchayath challenginging a Single Judge's order whereby one Ganesha's dismissal from service was set aside with a direction to reinstate him in the position forthwith. The court said, “In a society like ours, job more often than not happens to be the predominant source of livelihood and therefore snatching away a job (in public employment), like the one that has happened in the case at hand, virtually amounts to taking away the means of livelihood of the employee. That offends the pith & substance of fundamental right to life & liberty constitutionally guaranteed under Article 21.”

[Intra-Court Appeal] Single Bench Not A Court Subordinate To Division Bench, Matter Decided On Merits Can't Be Remitted Back: Karnataka HC

Case Title: Sharadha L Dodmani AND State of Karnataka & Others

Case No: Writ Petition No 47144 OF 2018

Citation No: 2024 LiveLaw (Kar) 22

The Karnataka High Court has said that in an intra-court appeal, the division bench of the high court in its jurisdiction under Article 226 of the Constitution cannot remit a matter back to the single judge bench if it has been decided on merits. A single judge bench is not a court subordinate to the Division Bench of the high court, it added.

Justice M Nagaprasanna made the observation when a service dispute already decided by him on merits was once again placed before the single bench, after the Division bench allowed the appeal against the order and restored the file to the single bench.

Whether Offender Or Not, Child Must Be Treated As Child: Karnataka HC Lays Down Guidelines For Ascertaining Juvenility Of Accused Before Trial

Case Title: Shrishail AND State of Karnataka

Case No: Criminal Appeal No 200241 OF 2023

Citation No: 2024 LiveLaw (Kar) 23

The Karnataka High Court recently issued guidelines to be followed by trial courts and special courts prescribing certain preliminary enquiry be made with the accused when produced for the first time in a criminal case in order to ascertain if the accused is a juvenile.

A single judge bench of Justice C M Joshi said, “There is no doubt that a Magistrate or Special Court has to make certain preliminary enquiry with the accused when produced for the first time in a criminal case during the crime stage. These enquiries are not mere formalities but they have a vital importance in ascertaining an accused to be a juvenile, mentally fit and the requirements of law are fulfilled. A child, whether an offender or not, is a child and has to be treated as a child.”

Forest Way Pass Serves Laudable Purpose, Protects Forests From Possible Damage/Loss Due To Transporation Of Minerals: Karnataka High Court

Case Title: M/s Thakur Industries AND State of Karnataka & Others

Case No: Writ Petition No 22698 OF 2023

Citation No: 2024 LiveLaw (Kar) 24

The Karnataka High Court has dismissed a plea questioning the direction upon the petitioner to obtain a forest transit pass from the Deputy Conservator of Forest to transport iron ore minerals from the railway sliding site to the factory premises.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the plea filed by M/s Thakur Industries and upheld the requirement of Forest Way Pass.It observed, “It serves a laudable purpose viz., protecting the forests from the possible damage/loss by the Agencies that transport the mineral concerned.”

Banks Cannot Withhold Passport Or OCI Card As Security In Lieu Of Loan Closure: Karnataka High Court

Case Title: Koshy Varghese AND Union of India & Others

Case No: Writ Petition No 5628 of 2022

Citation No: 2024 LiveLaw (Kar) 25

The Karnataka High Court has held that banks cannot withhold the passport of an accused even if it is surrendered to it voluntarily by the accused, who is charged for the offence of cheating and criminal conspiracy.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Koshy Varghese and said, “The action of the Bank in retaining the British passport of the petitioner and the Overseas Citizen of India Card is held to be illegal.”

Elections | Even Details Of Acquittal In Criminal Case Should Be Disclosed By Candidate In Nomination Form: Karnataka High Court

Case Title: Mudiyappa AND Basavaraj @ Basappa & Others

Case No: Writ Petition No 107291 OF 2023

Citation No: 2024 LiveLaw (Kar) 26

The Karnataka High Court has held that when an election nomination form is filed by any candidate, he/she has to disclose all criminal proceedings filed against them, irrespective of whether the candidate had been acquitted or not, whether the proceedings have been quashed or not.

A single judge bench of Justice Suraj Govindaraj dismissed a petition filed by one Mudiyappa who had challenged the trial court order setting aside his election to the Bevoor Gram Panchayat for failure to disclose an acquittal.

PC Act | Allegation Of Acceptance Of Bribe Cannot 'Spring From Air', Must Be Demanded For Performing Duty: Karnataka HC Quashes Anonymous Complaint

Case Title: Shrikant Bhat AND The State of Karnataka

Case No: Criminal Petition No 101560 OF 2023.

Citation No: 2024 LiveLaw (Kar) 27

The Karnataka High Court recently quashed prosecution initiated under the provisions of the Prevention of Corruption Act against a former senior sub-registrar who was booked after an anonymous complaint was received about alleged irregularities in the registrar's office.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Shrikant Bhat and quashed the proceedings initiated against him under Sections 7(a), 7A, 12 and 13(2) of the Act.

Karnataka High Court Refuses To Enhance ₹1K Fine Imposed On Senior Citizen Woman In Case Over Death Of Street Puppies

Case Title: Harish K B AND Ponnamma & ANR

Case No: Civil Revision Petition No 1344 OF 2019

Citation No: 2024 LiveLaw (Kar) 28

The Karnataka High Court has dismissed a plea seeking to enhance a fine of Rs 1,000, imposed by a trial Court on a 72-year-old lady, in a case over the death of eight stray puppies in 2016.

A single judge bench of Justice J M Khazi dismissed the plea filed by Harish K B, an Honorary Animal Welfare Officer, who had lodged a complaint against the accused Pionnamma and sought to challenge the conviction order dated 06.08.2019.

Original Sale Deed Of Solvent Surety Ought To Be Returned After Obtaining His Bond: Karnataka High Court

Case Title: Sadatulla Syed AND National Investigation Agency.

Case No: Writ Petition No 15674 OF 2023

Citation No: 2024 LiveLaw (Kar) 29

The Karnataka High Court has said that where a surety produced original sale deed of property to satisfy the trial court that he is a solvent surety, the trial court has to return the document after obtaining his bond.

A division bench of Justice Sreenivas Harish Kumar and Justice Vijaykumar A Patil allowed the petition filed by Sadatulla Syed who stood surety for an accused. It said, “In this case after the original of the sale deed was produced, the court ordered to keep it in safe custody. In our opinion, the court should have returned the original sale deed to the surety after obtaining his bond. Once the surety wants the sale deed to be returned, the court must return it.”

Depriving Child Of Either Parent's Love During Their Lifetime Unjust: Karnataka High Court Upholds Shared Custody Of 4-Yr-Old

Case Title: ABC AND XYZ

Case No: Miscellaneous First Appeal No 7082 OF 2023

Citation No: 2024 LiveLaw (Kar) 30

The Karnataka High Court while refusing to set aside an order of the trial court granting two-days custody of a minor child to his father observed, “When the father and the mother, both are alive, depriving a child of its entitlement to have the love and affection of its parents i.e. both father and the mother would not be a justice that is being done to the child.”

A division bench Justice Dr H.B.Prabhakara Sastry and Justice Ramachandra D Huddar dismissed the appeal filed by mother challenging trial court order granting custody of the toddler to her father from 10:00 a.m. to 4:00 p.m. on every Saturdays and Sundays.

Karnataka High Court Asks Registrar To Verify Authenticity Of Aadhar Card Before Registering Agreements Of Sale, Other Documents

Case Title: Ramesh Timmanna Umarani AND The Sub-Registrar

Case No: Writ Petition No 106890 OF 2023

Citation No: 2024 LiveLaw (Kar) 31

The Karnataka High Court has directed the Inspector General of Registration to verify the authenticity of the Aadhar card and identity of the person who produces it for registering any document and only thereafter proceed with the registration of a document.

A single judge bench of Justice Suraj Govindaraj noted that in terms of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, any service provider could register with UIDAI and obtain a sanction to verify the identity on the basis of OTP generated on the phone number of the holder of the Aadhar card.

Grant Of Land To Grow Trees Cannot Be Extended To Mean Title In Granted Land: Karnataka High Court

Case Title: Nanjundappa & Others AND State of Karnataka & Others

Case No: Writ Appeal No 1174 OF 2022

Citation No: 2024 LiveLaw (Kar) 32

The Karnataka High Court has made it clear that if the land is granted only to grow trees, it cannot be treated as the grant of land itself.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit while dismissing an appeal against a single bench order refusing to declare that the title in the land belongs to the appellant said,

“In the case of Grant, ordinarily title to the land vests in the Grantee, at times subject to certain conditions violation of which may result into result into rescinding of the Grant. However, the grant of only a right to grow trees on the land cannot be treated as the grant of land itself.”

Universities To Process Applications For Name & Gender Change In Degree Certificates Of Trans Persons Under NALSA Guidelines, Not Drive Them To Court: Karnataka HC

Case Title: Vihaan Peethambar AND Manipal University.

Case No: Writ Petition No 12606 OF 2023

Citation No: 2024 LiveLaw (Kar) 33

The Karnataka High Court has observed that Universities/Educational Institutions should process applications for change of name and gender made by transgender persons in degree certificates upon receipt of requests instead of driving all applicants to court for directions.

A single judge bench of Justice Ravi V Hosmani issued the direction after it was informed there are innumerable such instances awaiting consideration before the Universities/Educational Institutions in the state. It held: It is observed that it would be appropriate for said authorities to process applications for change of name and gender upon receipt of requests keeping in mind ratio laid down by Hon'ble Supreme Court in NALSA's case and this court in Christina Lobo's case, instead of driving all applicants to Court for securing directions.”

High Court Imposes ₹5 Lakh Cost On Karnataka Examinations Authority For Illegally Allotting Reserved MD Radio Diagnosis Seat To Ineligible Candidate

Case Title: Dr Rajini C K AND The State of Karnataka & Others.

Case No: Writ Petition No 24070 OF 2023.

Citation No: 2024 LiveLaw (Kar) 34

The Karnataka High Court has imposed a cost of Rs 5 lakh on Karnataka Examinations Authority (KEA) after holding that it illegally allotted a reserved seat in the MD Radio Diagnosis course, in favour of one Dr. Sunil Kumar H B.

A division bench of Justice P S Dinesh Kumar and T G Shivashankare Gowda allowed the plea filed by Dr. Rajini C K, set aside the seat allotted to Dr Kumar and directed the Authority to allot the MD Radio Diagnosis seat in favour of the petitioner and issue necessary orders in that behalf.

Centre Has Absolute Power To Expel Foreigners Who Overstay: Karnataka HC Dismisses Plea By Alleged Bangladeshi Spy Challenging 'Exit Permit'

Case Title: Raktima Khanum AND Union of India & Others

Case No: Writ Petition No 26769 OF 2023

Citation No: 2024 LiveLaw (Kar) 35

The Karnataka High Court has said that the power of Government of India to expel nationals of other countries who overstay in the nation without any document is absolute and unfettered.

A single judge bench of Justice M Nagaprasanna dismissed a petition filed by a Bangladeshi national Raktima Khanum who had questioned the issuance of exit permit to her by the Foreigners Regional Registration Office, which would result in her deportation to Bangladesh. It said, Any indulgence shown to the petitioner, on any kind of sympathy, would be putting fetters on the discretion of the Government, the FRRO and the Bureau of Immigration, more so in cases where there is even a semblance of threat to national security of any kind.”

Rule Of Locus Standi Liberally Construed Where State Largesse Granted Illegally: Karnataka High Court

Case Title: Adichunchanagiri Maha Samstana Mutt AND State of Karnataka & Others

Case No: WRIT APPEAL NO. 769 OF 2

Citation No: 2024 LiveLaw (Kar) 36

The Karnataka High Court has said that in matters concerning illegal grant of State largess, the rule of locus standi is to be liberally construed and that would serve the public interest.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed an appeal filed by Adichunchanagiri Maha Samstana Mutt challenging a single bench order wherein the court allowed the petition filed by private respondents and the grant of subject site in favour of the Mutt was set at naught with a direction for refund of allotment value to the appellant-Mutt.

Principle Of Pay And Recover To Be Applied In Cases Where Driver's License Not Proved: Karnataka High Court

Case Title: The New India Assurance Company Limited AND Sadika & Others

Case No: MFA NO. 9827 OF 2012

Citation No: 2024 LiveLaw (Kar) 37

The Karnataka High Court has held that in cases where it is not proved that deceased driver of a vehicle involved in a road accident possessed valid driving licence, the Claims Tribunal will have to apply principles of 'pay and recover' by directing the insurance company to deposit the compensation amount and recover it later from the owner of the vehicle.

A single judge bench of Justice T.G. Shivashankare Gowda partly allowed the appeal filed by the New India Assurance Company Limited and modified the award passed by the Commissioner for Workmen's Compensation, Chitradurga District.

Specific Relief Act | Adequacy Of Bank Balance Not Absolute Prerequisite To Prove Readiness &Willingness To Meet Contractual Obligations: Karnataka HC

Case Title: Anjinamma & Others AND Mohammed Sajjad Sait & ANR

Case No: R.S.A NO.808 OF 2023 C/W R.S.A No.1358 OF

Citation No: 2024 LiveLaw (Kar) 38

The Karnataka High Court has held that though it is relevant to consider the bank balance of a party while considering the issue of his readiness and willingness to execute a sale agreement, it is not an absolute prerequisite to establish the same.

A Single judge bench of Justice Sachin Shankar Magadum said, "A plaintiff's financial constraints, per se, should not be wielded as a prohibitory factor if its actions and expressions manifest a true desire to meet its contractual obligations and therefore, it is not solely contingent on financial largesse but encompasses a broader spectrum of commitment and integrity.”: Totality Of Circumstances To Be Considered Not Only Bank Balance to Ascertain Readiness And Willingness Of Party To Meet His Contractual Obligation.

Karnataka HC Quashes Order Directing Freezing Of Startup Company's Bank Account After Director Was Accused Under NDPS Act

Case Title: M/s Ownpath Learning Private Limited AND State By Intelligence Officer & ANR

Case No: Writ Petition No 14764 OF 2023.

Citation No: 2024 LiveLaw (Kar) 39

The Karnataka High Court set aside an order freezing the bank accounts of a startup company after one of the directors was booked for offences punishable under the Narcotics Drugs and Psychotropic Substances Act (NDPS).

A single-judge bench of Justice M Nagaprasanna allowed the petition filed by M/s. Ownpath Learning Private Limited and said “Freezing the bank accounts of the Petitioner - Company in respondent No.2 Bank, is quashed.”

PDS Depots Not Profit Oriented, Unscrupulous License Holders Must Be Weeded Out: Karnataka High Court

Case Title: K L Shivanna AND Deputy Commissioner, Tumkuru District

Case No: Writ Appeal No 1359 OF 2023

Citation No: 2024 LiveLaw (Kar) 40

The Karnataka High Court has dismissed an appeal filed by a Fair Price Depot owner challenging the order cancelling his authorisation and forfeiting the security deposit made by him after he was found guilty of malpractice in distributing food grains.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit, dismissed the appeal filed by K L Shivanna and said,“The business that is run by PDS Depots is more in the nature of public service and not profit orientation. Unscrupulous PDS Depot Holders need to be weeded out so that the public interest which the policy intends is duly served, especially when the PDS cardholders belong to lower economic strata of the society.”

[S. 407 CrPC] Only Cases & Appeals Can Be Transferred From One Court To Another, FIRs Cannot Be Transferred: Karnataka High Court

Case Title: M/s Achiever Agri India (P) Ltd & Others AND State By Sub Inspector Hebbagodi Police Station & Others\

Case No: Criminal Petition No 3156 of 2022

Citation No: 2024 LiveLaw (Kar) 41

The Karnataka High Court has reiterated that First Information Reports (FIR) filed in different police stations cannot be transferred by invoking powers under Section 407 of the Criminal Procedure Code (CrPC) and that only cases and appeals can be transferred under such provision.

A single-judge bench of Justice Shivashankar Amarannavar dismissed a plea filed by M/s Achievers Agri India (P) Ltd seeking the transfer of 16 FIRs registered in different Police Stations to one of the Courts where the said crimes were pending trial.

Proposed Purchaser Of Joint Family Property Cannot Be Impleaded As Party Respondent In Suit For Partition: Karnataka High Court

Case Title: Master Thejas & Another AND C R Babu

Case No: Writ Petition No 37203 OF 2015

Citation No: 2024 LiveLaw (Kar) 42

The Karnataka High Court has made it clear that a proposed purchaser of a joint family property cannot be impleaded as a party respondent in a suit for partition and separate possession between family members.

A single judge bench of Justice M G Uma set aside the trial court order allowing one Murugan to be impleaded in the suit between family members. It said, “I am of the opinion that defendant No.4 [Murugan] who is impleaded by virtue of impugned order was neither a necessary party nor proper party to be impleaded. No right is created under agreement for sale in respect of scheduled property, except the right to seek specific performance of contract against defendant No.1, which he has already done by filing suit.”

Inter-Country Relative Adoption | Country Of Adoptive Child's Father Must Communicate To CARA For Issuance Of NOC: Karnataka High Court

Case Title: ABC AND Union of India

Case No: WRIT PETITION No.16681 OF 2023

Citation No: 2024 LiveLaw (Kar) 43

The Karnataka High Court has directed a couple seeking intercountry relative adoption to petition the receiving country i.e Germany, where the father of the adopted child resides for communication to the Central Adoption Resource Authority (CARA) for issuance of a No Objection Certificate and Conformity Certificate to take the child out of India.

A single judge bench of Justice M Nagaprasanna said “If what is sought by the petitioners is granted it would run counter to the established procedure Therefore, the inter-country adoption should necessarily be in tune with the procedure.”

'Was In Judicial Custody When Notice Issued': High Court Sets Aside Ex-Parte Suspension Of Advocate By Karnataka State Bar Council

Case Title: Chikkanna AND Karnataka State Bar Council & Others

Case No: Writ Petition No 26197 of 2023.

Citation No: 2024 LiveLaw (Kar) 44

The Karnataka High Court has set aside an order passed by the Karnataka State Bar Council suspending an advocate from practice.

A single judge bench of Justice M.Nagaprasanna allowed the plea filed by Chikkanna and set aside the notification dated 10.07.2023. It said “As the practice of the petitioner is suspended without affording an opportunity of hearing to the petitioner and is in violation of principle of natural justice. Therefore, the impugned order is to be obliterated and the matter remitted back to the hands of respondent No.1 to hear the petitioner and then pass appropriate orders in accordance with law.”

Govts May Come And Go But Writ Of Constitutional Courts Would Run Forever: Karnataka HC Quashes GO Re-Constituting Gokarna Temple Committee

Case Title: SHREE RAMACHANDRAPURA MATH AND State of Karnataka & Others

Case No: WRIT PETITION No.18330 OF 2023 C/W WRIT PETITION No.19823 OF 2023

Citation No: 2024 LiveLaw (Kar) 45

The Karnataka High Court has quashed a Government order de-notifying the nominations of four persons who were members of the Overseeing Committee for the Gokarna Mahabaleshwar Temple, as approved by the Supreme Court.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Shree Ramachandrapura Math and its members, and set aside the order dated August 12, 2023 whereby the State government sought to remove the petitioners Veda Moorthy Dattatreya and three others from the Committee. The Committee was reconstituted including the present respondents Vidhanwan Ganapathi Shivaram Hirebhat and three others.

Merely Because Construction Of Houses Is For Slum Dwellers, Tenderer Cannot Take It For Granted: Karnataka HC Refuses Extension Of Time For Completing Project

Case Title: Aishwaryagiri Constructions PVT Ltd AND State of Karnataka & Others

Case No: Writ Petition No 23054 OF 2022

Citation No: 2024 LiveLaw (Kar) 46

The Karnataka High Court has dismissed a plea filed by a construction company questioning the order of the Karnataka Slum Development Board refusing to grant an extension for completing the contract entered by it with the company for the construction of dwelling houses for slum dwellers.

A single judge bench of Justice M Nagaprasanna dismissed the plea filed by Aishwaryagiri Constructions Pvt Ltd and directed the Board to issue an appropriate work order and get the houses of poor slum dwellers completed within the decided time frame and not put the lives of those slum dwellers in jeopardy, as by now they have suffered enough.

Extra Passenger On Bike Liable For Contributory Negligence To Accident: Karnataka High Court

Case Title: M/s ICICI Lombard Company Ltd AND Ms Harshitha B & ANR

Case No: Miscellaneous First Appeal No 5505 OF 20

Citation No: 2024 LiveLaw (Kar) 47

The Karnataka High Court has made it clear that an extra passenger riding on a two-wheeler motor vehicle is liable to contributory negligence if involved in an accident.

While dealing with an appeal from an order of the Motor Accident Claims Tribunal, Justice Hanchate Sanjeev Kumar said that a claimant, if knowing fully well that there were four persons riding on a motorcycle meets with an accident, then the claimant contributes to negligence towards the accident.

Industrial Disputes Act | Any Dispute Regarding Absorption Or Regularisation Can Only Be Raised By Labour Union On Behalf Of Workman: Karnataka HC

Case Title: Management of M/s Tata Advanced System Limited AND The Secretary To Department of Labour & Others

Case No: Writ Petition No 7674/2023

Citation No: 2024 LiveLaw (Kar) 48

The Karnataka High Court has said that a claim before the Industrial Tribunal by an individual workman regarding his absorption and regularisation in a company can be raised only through a Union representing the workman not by himself.

A single judge bench of Justice K S Hemalekha allowed the petition filed by the Management of M/s Tata Advanced System Limited and set aside the order of reference dated 06.02.2023 issued by the Department of Labour directing the Tribunal, to adjudicate whether respondent No.2 (Rudrachari) was justified in raising the dispute regarding the regularisation/permanency of his job with the petitioner company and subsequent relief, if any.

Municipality Can't Forcibly Evict Lessee/Licensee On Expiry Of Lease/License Without Order Of Judicial Or Quasi Judicial Authority: Karnataka HC

Case Title: K T Suresh & Others AND State of Karnataka & Others

Case No: WRIT PETITION NO. 12105 OF 2022 C/W WRIT PETITION NO. 4167 OF 2022 WRIT PETITION NO. 13933 OF 2023.

Citation No: 2024 LiveLaw (Kar) 49

The Karnataka High Court has held that on expiry of lease/licence executed by a Municipal Corporation such Corporation cannot forcibly vacate the persons in occupation, but is required to follow the procedure prescribed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, or Transfer of Property Act.

A single-judge bench of Justice Suraj Govindaraj directed the Secretary, Urban Development Department to instruct all the Corporations Municipalities coming under its jurisdiction to follow due process of law and not resort to forcible possession of the premises.

Renowned Shooter Can Possess 10 Arms, 1 Lakh Ammunition: Karnataka High Court

Case Title: K Sajan Aiyappa AND Deputy Commissioner and District Magistrate, Kodogu District.

Case No: Writ Petition No 6359 of 2023.

Citation No: 2024 LiveLaw (Kar) 50

The Karnataka High Court has directed the Deputy Commissioner of Kodagu district to consider the application of a renowned shooter for grant of four more arms and 25,000 ammunition.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by K. Sajan Aiyappa and quashed the final notice dated 28.12.2022 issued by the Deputy Commissioner, which directs the petitioner to divulge the minimum qualifying marks of his claim of him being a Renowned Shooter.

Humiliation Suffered By Victim Can't Be Ignored While Considering Recall Application Of Accused: Karnataka High Court In Rape Case

Case Title: Manikeppa Helavar AND The State Through Mudhol P.S

Case No: Criminal Petition No 201853 of 2023.

Citation No: 2024 LiveLaw (Kar) 51

The Karnataka High Court has rejected an application moved by a rape accused seeking to recall the victim for cross-examination, a year after her cross examination was closed.

A single judge bench of Justice Rajendra Badamikar sitting at Kalaburagi said, “The victim was already humiliated by kidnap, rape and illegal confinement and she was elaborately cross-examined in the Court. After one year, again the witness was being sought to be recalled without disclosing before the learned Special Judge as to what questions are required to be posed. Since this is a sensitive matter, humiliation going to be suffered by the victim cannot be ignored and merely because the petitioner wants to recall the victim or a witness, the Court is not bound to recall a witness.”

Revised Returns Filed Waiving Claim And Paid Taxes: Karnataka High Court Quashes Section 276C(1) Prosecution For Wilful Tax Evasion

Case Title: Anurag Bagaria Versus The Income Tax Department

Case No.: Criminal Petition No.909 Of 2017

Citation No: 2024 LiveLaw (Kar) 52

The Karnataka High Court has quashed the prosecution under Section 276C(1) of the Income Tax Act for wilful tax evasion.

The bench of Justice M. Nagaprasanna has observed that the assessees filed revised returns, waiving their claim for short-term capital loss and long-term capital gains, and also paid taxes, the moment the search was conducted and the assessment proceedings commenced.

Karnataka HC Grants Anticipatory Bail To Man Accused Of Forwarding Obscene Image Of 'Woman Covered With National Flag, Depicting Incident In Manipur'

Case Title: ABC AND State of Karnataka

Case No: Criminal Petition No 103706 of 2023

Citation No: 2024 LiveLaw (Kar) 53

The Karnataka High Court recently granted anticipatory bail to an accused who had forwarded a picture he received as a WhatsApp message related to a half-naked woman covered with the National Flag depicting the incident that had taken place in Manipur State.

A single judge bench of Justice S Vishwajith Shetty allowed the plea and said “The petitioner is directed to be enlarged on bail in the event of his arrest in Crime No.144/2023 registered by the Siruguppa police station, Ballari district for the offence punishable under Section 67 of the Information Technology Act. Petitioner shall execute a personal bond for a sum of Rs.1,00,000 with 01 surety for the like-sum to the satisfaction of the Investigating Officer.”