Karnataka High Court Weekly Round-Up: May 01 to May 07

Nominal Index

Central Public Information Officer/Deputy Director General, Doordarshan Kendra And Central Information Commission & ANR. 2023 LiveLaw (Kar) 165.

D K Shivakumar And State of Karnataka. 2023 LiveLaw (Kar) 166

D B Jatti And M/s Jamnadas Devidas. 2023 LiveLaw (Kar) 167

Ravi M And Union of India & others. 2023 LiveLaw (Kar) 168

B Prashanth Hegde And State of Karnataka. 2023 LiveLaw (Kar) 169

ABC And XYZ. 2023 LiveLaw (Kar) 170

Karnataka Golf Association And Karnataka Information Commission & ANR. 2023 LiveLaw (Kar) 171

N P Amruthesh And State of Karnataka & Others. 2023 LiveLaw (Kar) 172

Judgments/Orders

RTI Act | Public Information Officer Cannot Challenge Appellate Authority's Order Directing It To Disclose Information: Karnataka High Court

Case Title: Central Public Information Officer/Deputy Director General, Doordarshan Kendra And Central Information Commission & ANR.

Case NO: WRIT PETITION NO. 2346 OF 2011 (GM-RES) C/W WRIT PETITION NO. 663 OF 2011

Citation: 2023 LiveLaw (Kar) 165

The Karnataka High Court has made it clear that under the Right to Information Act, a Public information Officer has no authority to prefer an appeal against an order passed by the Appellate Authority, directing him to furnish information to an applicant under the Act. The power to prefer an appeal challenging an order passed by the Appellate authority has been conferred only on the persons who had sought for information, it held.

A single judge bench of Justice N S Sanjay Gowda has said, “There is no provision under the Act which enables any of the parties, let alone a Public Information Officer, to prefer an appeal against the order to the Second Appellate Authority.”

[DK Shivakumar Disproportionate Assets Case] State's Consent For CBI Probe Merely Executive Order, Not Sanction For Prosecution: Karnataka High Court

Case Title: D K Shivakumar And State of Karnataka

Case No: WRIT PETITION NO.10479 OF 2020

Citation: 2023 LiveLaw (Kar) 166

The Karnataka High Court last month dismissed a petition filed by Congress leader D K Shivakumar seeking to quash the sanction for prosecution granted by State to the CBI, to investigate the offences alleged against him under the provision of Prevention of Corruption Act.

A single judge bench of Justice K Natarajan said the impugned order was merely a consent given by the State under Section 6 of the DSPE Act, "it is not a sanction as required under either Sections 19 or 17 of the Prevention of Corruption Act.”

Section 87 NI Act | Cheque Not Invalid If Altered With Consent Of Drawer: Karnataka High Court

Case Title: D B Jatti And M/s Jamnadas Devidas

Case No: CRL.R.P No. 964 OF 2019

Citation: 2023 LiveLaw (Kar) 167

The Karnataka High Court has reiterated that if the payee or holder of the cheque had made alteration with the consent of drawer on cheque, such alteration cannot be a ground to resist right of payee or holder thereof.

A single judge bench of Justice Rajendra Badamikar dismissed a revision petition filed by accused D B Jatti who had challenged the conviction order passed by the trial court for the offence under Section 138 of Negotiable Instruments Act, and upheld by the Appellate court.

Karnataka Elections 2023: High Court Dismisses PIL Seeking Permission For NRIs To Caste Vote From Abroad

Case Title: Ravi M And Union of India & others

Case No: WP 9720/2023

Citation: 2023 LiveLaw (Kar) 168

The Karnataka High Court on Tuesday rejected a PIL filed by a Non Resident Indian (NRI) seeking grant of voting rights to NRIs from the countries they reside in, during the Karnataka Assembly Elections, scheduled to be held on May 10.

A vacation bench of Justice Krishna S Dixit and Justice Vijaykumar A Patil rejected the petition filed by Ravi M. In doing so, it accepted the submission made by the Election Commission of India that “The Right to vote is not a fundamental right and it is a creature of law. Therefore unless law is shown which provides for voting, the Right to vote cannot be sought for.”

Section 173 CrPC | Instruct All Investigating Agencies To Communicate Final Report To Complainant: Karnataka High Court To DGP, IG

Case Title: B Prashanth Hegde And State of Karnataka

Case No: WRIT PETITION NO.18864 OF 2021

Citation: 2023 LiveLaw (Kar) 169

The Karnataka High Court recently directed the Inspector General and Director General of Police (DG and IGP), to instruct all Investigating Officers of the Investigation Agencies to communicate the final report prepared by them to the first informant, as per Section 173(2)(ii) of Criminal Procedure Code (CrPC).

Section 173(2)(ii) obligates investigating officer to communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.

Karnataka High Court Refuses To Take Away Father's Visitation Rights On Ground That He Remarried After Divorce & Bears Another Child

Case Title: ABC And XYZ

Case No: M.F.A. NO.8527 OF 2015

Citation: 2023 LiveLaw (Kar) 170

The Karnataka High Court has refused to interfere with the order of a family court granting visitation rights of a minor daughter to her father. The mother of the child had objected to it on the grounds that her ex-husband had remarried twice after being divorced from her.

A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil observed, “The assertion of the appellant is that the respondent has married twice after getting divorce from the appellant and his second wife has a child out of her earlier wedlock and son is in custody of the respondent, the grant of any visitation rights would affect the health, well being of the minor daughter. The apprehension of the appellant has been taken care of by the Family Court, keeping in mind that the minor child being the female child of the appellant and respondent, the permanent custody is given to the appellant-mother.”

Karnataka Golf Association Substantially Financed By Govt In Form Of Subsidised Rent, Qualifies As Public Authority Under RTI Act: Karnataka High Court

Case Title: Karnataka Golf Association And Karnataka Information Commission & ANR

Case NO: WRIT PETITION NO. 55173 OF 2014

Citation: 2023 LiveLaw (Kar) 171

The Karnataka High Court has declared that the Karnataka Golf Association is a public authority as contemplated under the Right to Information Act (RTI). A single judge bench of Justice N S Sanjay Gowda dismissed a petition filed by the Association challenging the order of Karnataka Information Commission by which it declared the Association as a public authority under Section 2(h) of the Act.

Karnataka High Court Refuses To Stay PM Narendra Modi's Road Shows In Bengaluru

Case Title: N P Amruthesh And State of Karnataka & Others.

Case No: WRIT PETITION NO. 9952 OF 2023

Citation: 2023 LiveLaw (Kar) 172

The Karnataka High Court on Friday refused to stay the roadshows to be held by Prime Minister Narendra Modi in Bengaluru this Saturday and Sunday, ahead of assembly elections in the State on May 10. A vacation bench of Justice Krishna S Dixit and Vijaykumar A Patil held a special hearing today in the PIL filed by Advocate Amruthesh N P, raising concern over road blocks and traffic jams due to the rally.