Karnataka High Court Monthly Digest: May 2024 [Citations 207 - 242]

Citations: 2024 LiveLaw (Kar) 207 To 2024 LiveLaw (Kar) 242

Nominal Index:

David D'souza AND State of Karnataka. 2024 LiveLaw (Kar) 207

Padpara Patti, Syed Basha Aysb and Anr. vs The Labour Department Government of Karnataka Office at Labour Officer and Anr. 2024 LiveLaw (Kar) 208

The Management Of Nwkrtc, Gadag Division Vs Manjunath. 2024 LiveLaw (Kar) 209

V S Manjunath AND Chief Election Commissioner & Others. 2024 LiveLaw (Kar) 210

Lokesh Kumar AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 211

C Ganesh Narayan & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 212

Surya & CO & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 213

S Santosh Poojari AND State By Mudigere Police. 2024 LiveLaw (Kar) 214

Stone Hill Education Foundation AND Union of India & Others. 2024 LiveLaw (Kar) 215

B T Kumar AND B N Kumar & Others. 2024 LiveLaw (Kar) 216

B.M.S College Of Law AND Bar Council of India & ANR. 2024 LiveLaw (Kar) 217

Kalpatharu Breweries And Distilleries Pvt Ltd AND State of Karnataka. 2024 LiveLaw (Kar) 218

Kumarvel Janakiram AND National Insurance Company LTD & Others. 2024 LiveLaw (Kar) 219

Nagendra & Others AND Chandrakant Jain & ANR. 2024 LiveLaw (Kar) 220

ABC AND XYZ. 2024 LiveLaw (Kar) 221

The Branch Manager AND Sarojamma & ANR. 2024 LiveLaw (Kar) 222

Sayes Khalil Ulla Hussaini AND Chief Election Commission of India & Others. 2024 LiveLaw (Kar) 223.

Samiulla Saheb & ANR AND Mohammed Sameer. 2024 LiveLaw (Kar) 224

Uma & ANR AND Banshankar & Others. 2024 LiveLaw (Kar) 225

Chinnaswamy K AND Theosophy Company (Mysore) Pvt Ltd. 2024 LiveLaw (Kar) 226

The State of Karnataka AND Anil N B. 2024 LiveLaw (Kar) 227

Nagabhushan Reddy N & ANR AND Bruhat Bengaluru Mahanagara Palike & Others. 2024 LiveLaw (Kar) 228

ABC AND State of Karnataka & Others. 2024 LiveLaw (Kar) 229

Adhilakshmi & Others AND K Chidanand. 2024 LiveLaw (Kar) 230

Ando Paul AND G Ismail Musliyar. 2024 LiveLaw (Kar) 231

ABC AND XYZ. 2024 LiveLaw (Kar) 232

M Govinda Bhat & ANR AND The Deputy Commissioner and District Magistrate and District Election Officer & others. 2024 LiveLaw (Kar) 233

Vasanthi AND Umesh G D. 2024 LiveLaw (Kar) 234

The Divisional Controller, KSRTC AND N N Mahadeva. 2024 LiveLaw (Kar) 235

Dr Sharanya Mohan & Others AND Union of India & others. 2024 LiveLaw (Kar) 236

Abdul Azeem AND State of Karnataka. 2024 LiveLaw (Kar) 237

T Bharathgowda AND State of Karnataka. 2024 LiveLaw (Kar) 238

The State of Karnataka & ANR AND Ramiah Reddy. 2024 LiveLaw (Kar) 239

Jnana Sarovar Educational Trust AND State of Karnataka & Others. 2024 LiveLaw (Kar) 240

D M Padmanabha & Others AND The State By Karnataka Lokayuktha & ANR. 2024 LiveLaw (Kar) 241

Muralidhara & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 242

Judgments/Orders

Husband Telling Deceased To 'Hang Himself' For Allegedly Having Illicit Affair With Wife Doesn't Amount To Abetment Of Suicide: Karnataka High Court

Case Title: David D'souza AND State of Karnataka

Case No: CRIMINAL PETITION No.4851 OF 2022

Citation No: 2024 LiveLaw (Kar) 207.

The Karnataka High Court has quashed an abetment to suicide charge levelled against a husband accused of hurling abuses at a Father (Priest of a church) who allegedly had an affair with his wife.

A single-judge bench of Justice M Nagaprasanna allowed the petition filed by one David D'souza and quashed the proceedings registered against him under Sections 306, 506, 504 and 201 of the Indian Penal Code.

The bench on going through the records said: “The sole accused, husband of the lady with whom the deceased Father had certain relationship and had blunt out his anger and had uttered words 'go and hang yourself' cannot mean that it would become the ingredients of Section 107 of the IPC for it to become an offence under Section 306 of the IPC - abetment to suicide.

Company Must Be Necessary Party For Its Offenses Under Minimum Wages Act, Directors Can't Be Sued Separately For Vicariously Liability: Karnataka High Court

Case Title: Padpara Patti Syed Basha Aysb and Anr. vs The Labour Department Government of Karnataka Office at Labour Officer and Anr.

Case Number: Writ Petition No. 14973 OF 2023 (GM-RES)

Citation No: 2024 LiveLaw (Kar) 208

The Karnataka High Court single bench of Justice S Vishwajith Shetty held that a company must be accused as a necessary party for its offences under the Minimum Wages Act, 1948. Persons acting on its behalf, including directors, cannot be criminally prosecuted if the company itself is not named as an accused party.

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court

Case Title: The Management Of Nwkrtc, Gadag Division Vs Manjunath

Case Number: WRIT PETITION NO. 107562 OF 2014 (L-KSRTC)

Citation No: 2024 LiveLaw (Kar) 209

The Karnataka High Court single bench of Justice Shivashankar Amarannavar held that the right to claim interest could be considered a pre-existing right or benefit only if explicitly determined in the contract of employment or in the resolutions governing service conditions. However, it held that neither the contract of employment nor the service conditions of the Workman outlined the payment of interest on delayed service benefits.

Furthermore, the bench held that an application under Section 33C(2) of the Industrial Disputes Act, 1947 in the Labour Court would require a prior adjudication or recognition by an employer of the claim of the Workman to be paid wages at the rate which they claim.

Writ Petition Not Maintainable Against Rejection Of Nomination By Returning Officer, Election Petition Only Remedy: Karnataka High Court

Case Title: V S Manjunath AND Chief Election Commissioner & Others

Case No: WRIT PETITION NO. 11367 OF 2024

Citation No: 2024 LiveLaw (Kar) 210

The Karnataka High Court has reiterated that a writ petition challenging the rejection of a candidate's nomination by the returning officer is not maintainable and the remedy for such candidate is to file Election Petition.

A single judge bench of Justice M Nagaprasanna dismissed a petition filed by one V S Manjunath, who teaches in a college as guest lecturer and had challenged the order dated 05.04.2024 passed by the Election Returning Officer and Deputy Commissioner of Chitradurga (SC), Lok Sabha Constituency rejecting his nomination.

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority

Case Title: Lokesh Kumar AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 217 OF 2024

Citation No: 2024 LiveLaw (Kar) 211

The Karnataka High Court recently granted bail to a POCSO rape accused after he and the guardian of the minor victim girl filed an affidavit in court agreeing for the accused to marry the victim immediately upon her attaining the age of majority.

A single judge bench of Justice Rajendra Badamikar allowed the petition filed by Lokesh Kumar who was charged under Section 376(2)(n) of IPC and Sections 5(L), 5(n), 5(j)(2), 6, 20 and 21 of POCSO Act, 2012.

Pepper Spray A Dangerous Weapon, Can't Be Used For Private Defense When There's No Imminent Threat Or Danger Caused To Life: Karnataka High Court

Case Title: C Ganesh Narayan & ANR AND State of Karnataka & ANR

Case No: WRIT PETITION No.10923 OF 2023

Citation No: 2024 LiveLaw (Kar) 212

The Karnataka High Court refused to quash a criminal case against C Ganesh Narayan, the Director of C.Krishniah Chetty & Company Private Limited and his wife accused of using pepper spray on the complainant who along with other security personnel is alleged of attempted to interfere with the petitioners' property.

A single judge bench of Justice M Nagaprasanna dismissed the petition and said “The 2nd petitioner could not have used pepper spray as private defence, as prima facie there was no imminent threat or danger caused to her life. Therefore, the case at hand would require investigation in the least.”

Karnataka High Court Refuses To Quash Tax Evasion FIR Against Bookies Operating In Bangalore Turf Club

Case Title: Surya & CO & Others AND State of Karnataka & Others

Case No: CRL.P.NO.795/2024

Citation No: 2024 LiveLaw (Kar) 213

The Karnataka High Court has refused to quash proceedings initiated against licensed and unlicensed bookies operating within the Bangalore Turf Club who allegedly collected GST from the punters and TDS amount from the winning bettors but failed to deposit the same before the competent authority and also failed to maintain proper registers.

A single judge bench of Justice S Vishwajith Shetty dismissed the petition seeking to quash FIR registered under Section 78(1)(a)(i) of the Karnataka Police Act, 1963, Section 12 of Karnataka Race Betting Act and Section 420 of Indian Penal Code.

It said,“The allegations against the accused are of very serious nature and the accused amongst other allegations, allegedly have misappropriated crores of money collected by them towards payment of GST and TDS. Under the circumstances, I am of the opinion that the prayer made by the petitioners for quashing the FIR registered against them cannot be granted.”

Road Accident | Letting Off Negligent Ambulance Driver With Only Fine Would Be Unjust To Victims And Whole Society: Karnataka High Court

Case Title: S Santosh Poojari AND State By Mudigere Police

Case No: CRIMINAL REVISION PETITION NO. 600 OF 2017

Citation No: 2024 LiveLaw (Kar) 214

The Karnataka High Court has refused to reduce sentence of six month simple imprisonment imposed on an ambulance driver convicted for driving in a rash and negligent manner and causing an accident leading to death of one person and injuring three others in the year 2011.

A single judge bench of Justice Umesh M Adiga dismissed the revision petition filed by S. Santhosh Poojari and said, “Prosecution has proved beyond reasonable doubt that due to the negligent driving of the ambulance by the petitioner an accident had taken place resulting in death of the driver of the car and grievous injuries to all the three occupants of the car. It indicates the speed in which the ambulance might be driven by the accused. If such an accused is dealt with by imposing a nominal sentence of fine of a few hundred rupees, then it would be injustice to the society as well as victims of the accident.”

'Unconstitutional': Karnataka High Court Strikes Down Amendment Extending EPF Scheme To 'International Workers' Without Salary Ceiling Limit

Case Title: Stone Hill Education Foundation AND Union of India & Others

Case No: WRIT PETITION No.18486/2012

Citation No: 2024 LiveLaw (Kar) 215.

The Karnataka High Court has recently declared as 'unconstitutional' para 83 introduced in the Employees Provident Fund Scheme, 1952 and para 43A in Employees Pension Scheme, 1995, which covered international workers under the scheme irrespective of the salary drawn by them with effect from 01.10.2008.

A single judge bench of Justice K S Hemalekha noted that the Employees Provident Fund and Miscellaneous Provisions Act prescribes a ceiling amount of Rs.15,000/- per month salary as a threshold for an employee to be a member to the scheme. However, the Scheme had unlimited threshold for international workers while denying the same benefit to Indian workers.

Subsisting Contract With Panchayat Necessary For Disqualification Of Member U/S 12(h) Of Gram Swaraj & Panchayat Act: Karnataka High Court

Case Title: B T Kumar AND B N Kumar & Others

Case No: WRIT PETITION NO. 21526 OF 2022

Citation No: 2024 LiveLaw (Kar) 216

The Karnataka High Court has held that it is only a subsisting contract with the Panchayat that could lead to a disqualification of a member under Section 12 (h) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and not the previous work done by the member.

A single judge bench of Justice S Sunil Dutt Yadav while dismissing the petition filed by B T Kumar challenging the election of B N Kumar as member of the Beeruhalli Gram Panchayat upheld the order of the Election Tribunal which had rejected the election petition.

Provide Current Status Of Affiliation Of Law Universities/Colleges On Website: Karnataka High Court To BCI

Case Title: B.M.S College Of Law AND Bar Council of India & ANR

Case No: WRIT PETITION NO. 9698 OF 2024

Citation No: 2024 LiveLaw (Kar) 217

The Karnataka High Court has directed the Bar Council of India, to provide details regarding the current status of affiliation of universities, college names etc on its website.

A single judge bench of Justice Suraj Govindaraj said “The Bar Council of India is directed to add the following columns, the date on which an application for extension of affiliation is made, the date on which the payment was made including the details thereof, the initial affiliation letter issued by the Bar Counsel to the particular college with the PDF copy uploaded. The approved intake of the college and such other and further details as the Bar Council may deem fit taking into account the changed circumstances as on today.”

Karnataka HC Quashes FIR Against Liquor Company Accused Of Parking Trucks Loaded With Liquor Bottles In Its Premises During Operation Of Model Code Of Conduct

Case Title: Kalpatharu Breweries And Distilleries Pvt Ltd AND State of Karnataka

Case No: WRIT PETITION NO. 12274 OF 2024

Citation No: 2024 LiveLaw (Kar) 218

The Karnataka High Court has quashed a criminal case registered under the Karnataka Excise Act against Kalpatharu Breweries and Distilleries Pvt Ltd who allegedly during the Lok Sabha Election 2024, when the Election Code of Conduct was in force, parked trucks loaded with liquor in the company premises.

A single judge bench of Justice M G Uma allowed the petition and said “Even if the first information is accepted as it is in the light of the invoice and the permit produced by the petitioner, no offence either under Section 32 or under Section 34 of the Karnataka Excise Act, 1965 is made out.”

Claimant Can't Seek Compensation From Offending Vehicle's Insurer If Already Received From Own Insurance Company: Karnataka High Court

Case Title: Kumarvel Janakiram AND National Insurance Company LTD & Others

Case No: MISCELLANEOUS FIRST APPEAL NO.5788 OF 2013

Citation No: 2024 LiveLaw (Kar) 219

The Karnataka High Court has reiterated that if the claimant has received the amount in full and final settlement of his claim from the insurance company of his vehicle, he cannot claim further payment towards repair of his vehicle from the Insurance Company of the offending vehicle.

A single judge bench of Justice Jyoti Mulimani made the observation while dismissing the petition filed by one Kumarvel Janakiram. It said, “Admittedly, damaged vehicle was insured with the Royal Sundaram Alliance Insurance Company and the claimant has received the full and final settlement of his claim without any reservation or demur. In the absence of any material to show that the claim paid by his Insurance Company represented a part only of the total damage, the Tribunal is justified in rejecting the claim for any further payment.”

Karnataka High Court Upholds Order For Specific Performance Of Sale Agreement, Says If Owner Intended To Avail Loan It Would Execute Mortgage Deed

Case Title: Nagendra & Others AND Chandrakant Jain & ANR

Case No: REGULAR FIRST APPEAL NO.100383 OF 2017

Citation No: 2024 LiveLaw (Kar) 220

The Karnataka High Court has upheld an order of the trial court decreeing a suit for specific performance of a sale agreement in favour of the plaintiff and rejected the contention of the defendants who are businessmen that they had availed loan from the plaintiffs and had not agreed to sell the schedule property.

A division bench of Justice E S Indiresh and Justice Ramachandra D Huddar dismissed the appeal filed by Nagendra and others and said, “If at all the defendants are of the view that, they have availed loan from the plaintiffs and have not entered into sale agreement and if such being the case, there was no impediment for the defendants to execute the mortgage deed instead of executing a sale agreement and therefore, the finding recorded by the trial Court is just and proper.”

Wife's Appeal Challenging Divorce Decree Does Not Stand Abated On Husband's Death: Karnataka High Court

Case Title: ABC AND XYZ

Case No: MISCELLANEOUS FIRST APPEAL NO.4677 OF 2016

Citation No: 2024 LiveLaw (Kar) 221

The Karnataka High Court recently held that an appeal filed by a wife challenging the divorce decree granted in favour of the husband by the family court does not stand abated on the husband dying pending hearing of appeal.

A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde allowed the appeal filed by a woman and set aside order of the family court granting divorce on grounds of cruelty on the petition filed by the husband.

Karnataka High Court Declines Insurance Company's Plea Alleging Claimant Committed Fraud In Connivance With Insured Lawyer To Secure Compensation

Case Title: The Branch Manager AND Sarojamma & ANR

Case No: MFA NO. 7795 OF 2013

Citation No: 2024 LiveLaw (Kar) 222

The Karnataka High Court has dismissed an appeal filed by an insurance company challenging an order passed by the Motor Accidents Claim Tribunal claiming that fraud was played by the claimant for the sake of compensation by claiming that advocate Rajappa K S, riding the motorcycle, had knocked her down causing injuries.

A Single Bench of Justice T G Shivashakare Gowda said the insurance company failed to prove MLC report as per which the injuries were a result of self-fall. It said,"On perusal of it nothing is mentioned as such that the petitioner has suffered injuries due to self-fall while triple-riding. When the Insurance Company relies on Ex.R3, it is required to prove the said document through proper evidence. The entry refers to the name of Dr. Manjula who is the Medical Officer of Primary Health Centre, Anandapura. The contents of Ex.R3 required to be proved through Dr. Manjula. No efforts are made to secure her presence. Who gave the information and who brought the injured to the hospital are not forthcoming. Under such circumstances, it is unsafe to rely upon Ex.R3 which was not even confronted to the petitioner during the course of her cross-examination. Mere production of such a document through the Officer of the Insurance Company is not enough to prove its genuineness.”

Free Bus Service Cannot Be Provided To Enable Voters To Reach Polling Booth: Karnataka High Court

Case Title: Sayes Khalil Ulla Hussaini AND Chief Election Commission of India & Others

Case No: WP 13045/2024

Citation No: 2024 LiveLaw (Kar) 223.

The Karnataka High Court on Thursday disposed of a public interest litigation filed seeking directions to the Chief Electoral Officer officer to provide free bus services to transport voters on polling dates to enable them to vote.

A vacation bench of Justice R Devdas and Justice J M Khazi said, “If such directions are issued either by the state government or head of the public transport department it would violate express provisions contained in the statute, allegations can also be made against the political party which is running the government that such directions would run counter to express provisions. The Chief Election Commissioner is not empowered to issue such directions either to the state government or the heads of the Public Transport Corporation.”

Custody Application Of Minor Can Only Be Filed Before Court Having Jurisdiction Where Child Ordinarily Resides: Karnataka High Court

Case Title: Samiulla Saheb & ANR AND Mohammed Sameer

Case No: WRIT PETITION No.6789 OF 2023

Citation No: 2024 LiveLaw (Kar) 224

The Karnataka High Court recently held that an application seeking custody of a minor child has to be filed only before a court where the minor child ordinarily resides.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by the grandparents Samiulla Saheb and another of the minor child and set aside the order of the trial court rejecting their application filed under Order VII Rule, 10 a/w Section 151 of the Code of Civil Procedure, seeking to return the plaint filed by the father of the minor child.

Karnataka High Court Attaches Husband's Property For Failing To Pay Maintenance To Wife & Differently-Abled Child

Case Title: Uma & ANR AND Banshankar & Others

Case No: MISCELLANEOUS FIRST APPEAL NO. 9908 OF 2018

Citation No: 2024 LiveLaw (Kar) 225

The Karnataka High Court recently directed attaching the property of a man by creating a charge over his property to secure payment of maintenance to his estranged wife and differently-abled son.

A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde allowed the application filed by the wife and child for attaching the property of the husband. It said “Charge is created over the said property to secure payment of maintenance to the plaintiffs. The property standing in the name of the 1st defendant described in the schedule given below, and any other property in the name of the 1st defendant, if the property details are furnished by the plaintiff, shall carry the charge of maintenance ordered by this Court.”

Jural Relationship Of Landlord And Tenant Is Established If Employee Is Given Rent-Free Accommodation By Company: Karnataka High Court

Case Title: Chinnaswamy K AND Theosophy Company (Mysore) Pvt Ltd

Case No: CIVIL REVISION PETITION NO. 483 OF 2023

Citation No: 2024 LiveLaw (Kar) 226

The Karnataka High Court has held that by providing a rent-free accommodation, as a term of employment, would create a jural relationship of a 'landlord and tenant' between an employer and an employee.

A single judge bench of Justice N S Sanjay Gowda dismissed a petition filed by Chinnaswamy K who had sought quashing of the judgment and decree dated 08.06.2023 passed by the small causes court, allowing the suit filed by Theosophy Company (Mysore) Pvt Ltd and directed the petitioner to vacate the suit schedule property and hand over possession of the same to the respondent herein.

Karnataka High Court Convicts Son For Assaulting 60 Yr-Old Mother Leading To Her Death, Says Deceased Had No Reason To Falsely Implicate Her Son

Case Title: The State of Karnataka AND Anil N B

Case No: CRIMINAL APPEAL NO.106/2018

Citation No: 2024 LiveLaw (Kar) 227

The Karnataka High Court recently set aside an acquittal order passed by the trial court and convicted a son for offences under section 304 of the Indian Penal Code, for assaulting and causing the death of his 60-year-old mother.

A division bench of Justice K S Mudagal and Justice T.G. Shivashankare Gowda allowed the appeal filed by the state government and set aside the trial court acquitting Anil N B for the charge of murdering his mother Gangamma.

The bench said “The holistic appreciation of the evidence shows that the prosecution discharged its burden of proving that the victim suffered injuries due to the assault by the accused which led to her death. The appreciation of the evidence by the Trial Court is contrary to the material on record, the circumstances of the case and the judgments of the Hon'ble Supreme Court referred to supra. Hence the same is perverse or patently illegal.”

Karnataka High Court Directs BBMP To Implement 2020 'Parking Policy 2.0' To Streamline On-Street Parking

Case Title: Nagabhushan Reddy N & ANR AND Bruhat Bengaluru Mahanagara Palike & Others

Case No: WRIT PETITION NO. 23631 OF 2023

Citation No: 2024 LiveLaw (Kar) 228

The Karnataka High Court has directed the authorities to implement the Parking Policy 2.0. The Court directed the Commissioner of Bruhat Bengaluru Mahanagara Palike (BBMP) to by June 20 submit a detailed project report on the methodology of implementation of the Parking Policy, before the court.

A single judge bench of Justice Suraj Govindaraj said “Though Parking Policy 2.0 is stated to have come into force in December 2020, the Area Parking Plan, parking charges framework, the streamlining of on-street parking, initiation of a pilot permit system etc., has not been carried out by the BBMP. The inaction on part of BBMP and/or Directorate of Urban Land Transport in doing the needful has resulted in inconvenience to the general public as can be seen in the present matter and inconvenience is being caused to the petitioners.”

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband

Case Title: ABC AND State of Karnataka & Others

Case No: WRIT PETITION (H C) NO.41 OF 2024

Citation No: 2024 LiveLaw (Kar) 229

The Karnataka High Court recently disposed of habeas corpus petition filed by a mother of a girl after the detenue girl informed the court that she has married and is staying with her Muslim husband in Kerala and does not intend to go back to her parents.

A division bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik T said “The concerned Police are directed to hand over the detenue to the custody of respondent no.6 forthwith.” The court also took on record the voluntary undertaking filed by the husband wherein he undertakes to care of the safety, welfare and education of the detenue.

Mere Allotment Of Property Without Registration Does Not Confirm Allottee's Title: Karnataka High Court

Case Title: Adhilakshmi & Others AND K Chidanand

Case No: REGULAR FIRST APPEAL NO. 764 OF 2010

Citation No: 2024 LiveLaw (Kar) 230

The Karnataka High Court has held that the wife of an original allottee becomes the absolute owner of the property if, before registration of property, the allottee died and thereafter on making the necessary payment the property is transferred in the woman's name.

A single judge bench of Justice S Rachaiah dismissed an appeal filed by Adhilakshmi and others challenging a trial court order dismissing their suit for partition and separate possession of the property.

When Punishment For Offense Is Upto 3 Yrs, Cognizance Of Complaint Must Be Taken Within 3 Yrs Of Filing To Not Be Bad In Law: Karnataka High Court

Case Title: Ando Paul AND G Ismail Musliyar

Case No: CRIMINAL REVISION PETITION NO. 2 OF 2018

Citation No: 2024 LiveLaw (Kar) 231

The Karnataka High Court has acquitted an Editor/Publisher of a local magazine who was convicted on charges of defamation holding that cognizance of the offence was taken after 8 years of filing the complaint by the trial court.

A single-judge bench of Justice S Rachaiah acquitted Ando Paul, who was convicted of offences under Sections 500, 501 and 502 of the Indian Penal Code.

The bench relied on Section 468 of the Code of Criminal Procedure which pertains to the bar on taking cognizance after lapse of the period of limitation. It said, “On careful reading of the above said provision, it makes it clear that cognizance should be taken within 3 years if the offence is punishable with imprisonment for a term exceeding one year, but not exceeding 3 years.”

Unfounded Allegation On Character Of Spouse Is Cruelty, Can Be Grounds For Dissolution Of Marriage: Karnataka High Court

Case Title: ABC AND XYZ

Case No: MISCELLANEOUS FIRST APPEAL NO. 2107 OF 2020

Citation No: 2024 LiveLaw (Kar) 232

The Karnataka High Court recently allowed an appeal filed by a woman challenging the order of the trial court dismissing her petition seeking divorce and held that unfounded allegation on the character of a spouse causes mental cruelty and can be a ground for dissolution of marriage.

A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde allowed the appeal filed by the woman and said “The institution of marriage rests on the mutual trust, confidence, love and respect between the couple. When one spouse makes an allegation suspecting the character of the other and if that allegation is not substantiated, the Court has to hold that the allegation is unfounded. The unfounded allegation on the character of a spouse shakes the edifice of the institution of marriage. In such a situation, it would be extremely difficult for the spouse to live peacefully in matrimony.”

No Blanket Order Can Be Passed To Deposit Licensed Firearms Before Elections: Karnataka High Court Issues Guidelines

Case Title: M Govinda Bhat & ANR AND The Deputy Commissioner and District Magistrate and District Election Officer & others.

Case No: WRIT PETITION NO.9932 OF 2024 (GM-RES) C/W WRIT PETITION NO.9918 OF 2024 (GM-RES) WRIT PETITION NO.9925 OF 2024 (GM-RES) WRIT PETITION NO.9941 OF 2024 (GM-RES) WRIT PETITION NO.9959 OF 2024.

Citation No: 2024 LiveLaw (Kar) 233

The Karnataka High Court recently issued guidelines to be followed by authorities to ensure that orders are not passed demanding the deposit of firearms by licensed holders before Lok Sabha elections.

A single judge bench of Justice Sachin Shankar Magadum said “Since the authorities are consistently violating the guidelines issued by the Election Commission of India, this Court deems it fit to issue certain directions.”

Withdrawing Suit In Which Forged Documents Were Submitted Would Not Automatically Result In Quashing Of Criminal Proceedings: Karnataka High Court

Case Title: Vasanthi AND Umesh G D

Case No: CRIMINAL PETITION NO. 9791 OF 2017

Citation No: 2024 LiveLaw (Kar) 234

The Karnataka High Court recently held that withdrawal of the suit wherein forged documents were submitted would not automatically result in the quashing of the criminal proceedings lodged against the plaintiff by the respondent to the suit.

A single judge bench of Justice Suraj Govindaraj said “Merely because the suit was withdrawn would not take away the fact of forgery or use of forged documents against the respondent. This aspect would have to be dealt with by the trial Court and the necessary finding to be given in relation thereto.”

Past Conduct Of Workman Must Be Looked Into While Passing Order Of Dismissal: Karnataka High Court

Case Title: The Divisional Controller, KSRTC AND N N Mahadeva

Case No: WRIT PETITION NO. 55722 OF 2017

Citation No: 2024 LiveLaw (Kar) 235

The Karnataka High Court has set aside an order passed by the Labour Court directing the reinstatement of a conductor working with the Karnataka State Road Transport Corporation, who was charged and dismissed for non-issuing of tickets to passengers travelling on the bus.

A single judge bench of Justice Jyoti Mulimani allowed the appeal filed by the corporation and said “The disciplinary authority, while taking into consideration the findings of the inquiry officer and passing the order of penalty, is required to look into the past conduct of the workman. Needless to observe that Regulation 25 of the KSRTC (Conduct and Discipline) Regulations, 1971 also mandates to refer to the past conduct and history sheet of the workman.”

Karnataka High Court Waives Compulsory Rural Service For 447 Doctors As State Failed To Notify Amended Rules For Over 10 Yrs

Case Title: Dr Sharanya Mohan & Others AND Union of India & others

Case No: WRIT PETITION No.7435 OF 2021 (EDN – RES) C/W WRIT PETITION No.10079 OF 2021 (EDN – RES) WRIT PETITION No.10297 OF 2021 (EDN – RES) WRIT PETITION No.10374 OF 2021 (EDN – RES) WRIT PETITION No.10379 OF 2021 (EDN – RES) WRIT PETITION No.10381 OF 2021 (EDN – RES) WRIT PETITION No.10751 OF 2021 (EDN – RES) WRIT PETITION No.13569 OF 2021 (EDN – RES) WRIT PETITION No.2137 OF 2022 (EDN – RES)

Citation No: 2024 LiveLaw (Kar) 236

The Karnataka High Court has granted relief to 447 MBBS students from compulsory rural service for one year, as sought under the 2012 amendment of Rule 11 of Karnataka Selection of Candidates for Admission to Government seats in Professional Educational Institutions Rules 2006, as the amended rule was not gazetted for 10 years after it was finalised.

A single judge bench of Justice M Nagaprasanna partly allowed the petition filed by Sharanya Mohan and quashed the corrigendum dated 17-06-2021, only insofar as the petitioners are concerned.

It said “Only for these petitioners the action is held to be illegal in the teeth of the Rule not being in force as on the date on which it was sought to be implemented/imposed upon every student through execution of bonds.” However, it clarified that the law is no valid and students cannot escape from rural service.

State Govt's De-Nomination Of Chairman Of Minorities Commission Before Completion Of Fixed Term Not Arbitrary: Karnataka High Court

Case Title: Abdul Azeem AND State of Karnataka

Case No: WRIT PETITION No.17396 OF 2023

Citation No: 2024 LiveLaw (Kar) 237

The Karnataka High Court has dismissed a petition filed by Abdul Azeem, a former Chairman of the Karnataka State Minorities Commission, questioning the government decision cancelling the nomination of the petitioner as Chairman of the Commission.

A single judge bench of Justice M Nagaprasanna said “The petitioner is a nominee who is nominated under Section 4 of the Act. Section 4 itself indicates that it is at the pleasure of the State. It is exercised and he is denominated. Such de-nomination of a nominee cannot be questioned on the ground that it is arbitrary.”

Can't Deny Registration Of Property Which Is Purchased In Auction On The Ground That Income Tax Dues Are Pending Against Original Borrowers: Karnataka HC

Case Title: T Bharathgowda AND State of Karnataka

Case No: WRIT PETITION No.7872 OF 2024

Citation No: 2024 LiveLaw (Kar) 238

The Karnataka High Court has held that a Sub-Registrar cannot refuse to register a sale certificate issued by the bank to an auction purchaser of property on the ground that certain claims of the Income Tax Department are pending against the original loan borrowers.

A single judge bench of Justice M Nagaprasanna allowed a petition filed by T Bharathgowda and directed the Sub-Registrar to register the document brought before him by the petitioner forthwith, the moment a copy of this order is brought to his notice, without any delay.

Compensation Will Have To Be Paid If Money Belonging To Citizen Is Retained By State Entities: Karnataka High Court

Case Title: The State of Karnataka & ANR AND Ramiah Reddy

Case No: WRIT APPEAL NO. 1640 OF 2016

Citation No: 2024 LiveLaw (Kar) 239

The Karnataka High Court has said that money belonging to a citizen is his property, and if that is retained by the State entities it amounts to temporary acquisition of property for which as a matter of rule compensation has to be paid to the citizen.

A division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar said “Money belonging to a citizen is his property. If that is retained by the State entities falling under Article 12, that amounts to temporary acquisition of property for which as a matter of rule compensation has to be paid going by Article 300A jurisprudence as developed by the Apex Court, precedent by precedent.”

RTE Act Applicable Even To Residential Schools: Karnataka High Court Upholds Penalty Imposed On School For Not Complying With Provisions

Case Title: Jnana Sarovar Educational Trust AND State of Karnataka & Others

Case No: WRIT PETITION NO. 24579 OF 2021

Citation No: 2024 LiveLaw (Kar) 240

The Karnataka High Court has held that provisions of the Right of Children to Free and Compulsory Education Act, 2009 are applicable even to Residential schools.

A single judge bench of Justice Suraj Govindaraj dismissed the petition filed by Jnana Sarovar Educational Trust, which runs a residential school without any grant-in-aid offering the Indian School Certificate Examination (ISCE) syllabus, from 21.08.2009, challenging an order dated 23.11.2021 by which the authorities imposed a penalty of Rs 1,61,50,000, for non-compliance with the provisions of registration under the Act.

Preliminary Enquiry Not Mandatory If Source Report Makes Out Prima Facie Case Of Possessing Disproportionate Assets: Karnataka High Court

Case Title: D M Padmanabha & Others AND The State By Karnataka Lokayuktha & ANR

Case No: W.P.No.2413/2024

Citation No: 2024 LiveLaw (Kar) 241

The Karnataka High Court has reiterated that preliminary enquiry is not mandatory before registering a First Information Report on charges of possessing disproportionate assets to the known sources of income by a government servant if the source report makes out a prima facie case against the accused.

A single judge bench of Justice S Vishwajith Shetty dismissed a petition filed by D M Padmanabha a Panchayat Development Officer at Kundana Grama Panchayat, his wife and mother-in-law seeking to quash FIR registered against them for offences punishable under section 13(1) (b) R/w Section 13(2) and Section 12 of the Prevention of Corruption Act.

Karnataka High Court Allows Further Investigation In 10 Yr-Old Assault Case, Directs Re-Examination Of Medical Records & Calls For Additional Chargesheet

Case Title: Muralidhara & ANR AND State of Karnataka

Case No: Writ Petition No 17118 of 2022

Citation No: 2024 LiveLaw (Kar) 242

The Karnataka High Court has upheld a Sessions court order directing further investigation to be carried out by police in order to produce medical records of the victim who was physically assaulted by the accused instead of summoning them for the hospital.

A single judge bench of Justice K Natarajan dismissed a petition filed by accused Muralidhara and another who had questioned the sessions court order which had set aside the magistrate court and allowed the application filed by the prosecution under Section 173(8) of Cr.P.C. for further investigation in a case which was registered in the year 2013 and is at the fag end of the trial.