Karnataka High Court Weekly Roundup: August 5 to August 11, 2024

Bashirahmed AND Surayya & Others. 2024 LiveLaw (Kar) 353

THE RELIANCE GENERAL INSURANCE COMPANY LIMITED AND SUPREETH S. @ SUPREETH & Others. 2024 LiveLaw (Kar) 354

Dr Anil Khurana AND Dr Amargouda L Patil & Others. 2024 LiveLaw (Kar) 355

DR. AMIRTHALAKSHMI R AND State of Karnataka & Others. 2024 Live Law (Kar) 356

Francis Zavier W AND MM Mathew. 2024 LiveLaw (Kar) 357

S Nagarajan & ANR AND Nadoja Dr Mahesh Joshi. 2024 LiveLaw (Kar) 358

Debhashish Sinha & Others AND State of Karnataka. 2024 LiveLaw (Kar) 359

Satyalaxmi Rao & Others AND State of Karnataka & Others. 2024 Live Law (Kar) 360

Life Insurance Corporation AND Sourabh. 2024 LiveLaw (Kar) 361

Dr. Namratha NR and Karnataka Medical Council & Others. 2024 LiveLaw (Kar) 362

Santhosh Shet AND State of Karnataka. 2024 LiveLaw (Kar) 363

PCIT Versus Smt. Umah Agarwal. 2024 LiveLaw (Kar) 364

Case No: MISCELLANEOUS FIRST APPEAL NO. 101005 OF 2015

Citation No: 2024 LiveLaw (Kar) 353

The Karnataka High Court has said that a suit filed by a wife before the family court to seek a declaration of share in property of her divorced husband as agreed in the terms of divorce, is maintainable.

A division bench of Justices Krishna S Dixit and Vijaykumar A Patil dismissed an appeal filed by the ex-husband questioning the jurisdiction of the family court to declare that the divorced wife was entitled to 1/4th share in his suit house property, by way of partition as per Section 24 of Code of Civil Procedure and restraining him from permanently alienating the property.

Case No: M.F.A. NO. 511 OF 2020 (MV-D) C/W M.F.A. CROB. NO. 40 OF 2022.

Citation No: 2024 LiveLaw (Kar) 354

The Karnataka High Court has held that in case of motor accidents, insurance companies are liable to pay the awarded amount under the head of future prospects, together with the banking rate of interest which is prevalent during the relevant time.

A division bench of Justice K Somashekar and Justice Dr Chillakur Sumalatha held thus while deciding the appeal filed by the Reliance General Insurance Company Limited, challenging the order of the Motor Accidents Claim Tribunal, which allowed the claim petition filed by the legal heirs of the deceased Supreet. The tribunal had awarded interest over the amount that was fixed toward the loss of future prospects.

Case No: WRIT APPEAL No.242/2024 (S-RES) C/W WRIT APPEAL No.366/2024 (S-RES) WRIT APPEAL CROB. No.2/2024

Citation No: 2024 LiveLaw (Kar) 355

The Karnataka High Court has quashed an order passed by the single judge bench which set aside the appointment of Dr. Anil Khurana, to the post of Chairperson, National Commission for Homoeopathy.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind allowed the appeal filed by Khurana questioning the order dated 10.01.2024, made on the petition filed by DR. Amargouda L Patil.

Case No: WP 19644/2024

Citation No: 2024 Live Law (Kar) 356

The Karnataka High Court on Tuesday dismissed a public interest litigation challenging the constitutional validity of the draft bill approved by the State cabinet for providing 50% reservation in management and 70% in non-management posts for Kannadigas in private industries and other organisations of the state.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by Dr Amirthalakshmi R. The petition had prayed for withdrawal of the bill till the constitutional challenges had been resolved and for staying the implementation of the same.

Case No: CRIMINAL REVISION PETITION NO. 1414 OF 2021

Citation No: 2024 LiveLaw (Kar) 357

The Karnataka High Court has said that special reasons are to be assigned by the trial court while imposing double the cheque amount as fine on holding the accused guilty for offence punishable under Section 138 of the Negotiable Instruments Act.

A single judge bench of Justice V Srishananda held thus while partly allowing a petition filed by one Francis Zavier W, challenging the order of conviction and sentence passed by the trial court on 15.10.2018 which came to be confirmed in appeal. The court had directed him to pay a fine of Rs 3 lakh, which is double the cheque amount.

Case No: CRIMINAL PETITION NO.100812 OF 202

Citation No: 2024 LiveLaw (Kar) 358

The Karnataka High Court has said that a defamation case against a co-accused cannot be quashed because of a compromise entered between the main accused and the complainant. The court has to take note of the allegation made against each of the accused while deciding the plea.

A single judge bench of Justice H.P Sandesh held thus while dismissing the petition filed by S Nagarajan and another accused who are employees of Doordarshan and were charged under sections 499 and 500 read with Sections 34 and 120-B of the Indian Penal Code.

Case No: WRIT PETITION No.15958 OF 2024

Citation No: 2024 LiveLaw (Kar) 359

The Karnataka High Court has refused to quash criminal proceedings initiated against the Association members of Prestige LakeSide Habitat Home Owners Association, where a minor child had slipped into the swimming pool in the apartment complex and died by drowning. Instead, the court charged them under Section 304A of the IPC.

A single judge bench of Justice M Nagaprasanna partly allowed the petition filed by Debashish Sinha who is the President of the association and other members and quashed the charges levelled against them under Section 304 and 149 of the Indian Penal Code. However, exercising its jurisdiction under Section 482 of CrPC the court charged them with Section 304A of the IPC (causing death by negligence).

Case No: WP 17145/2024

Citation No: 2024 Live Law (Kar) 360

The Karnataka High Court on Thursday dismissed a public interest litigation filed questioning the government notification changing the name of corporation ward Basavanagudi to Doddaganapathi.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by Satyalaxmi Rao and others. It said, “Subject matter of change of name of ward or City cannot be formed part of agitation in a public interest litigation, no public interest is made out to grant any relief to petitioner.”

Case No: WRIT APPEAL NO.100105 OF 2024

Citation No: 2024 LiveLaw (Kar) 361

The Karnataka High Court has said that recruitment process has to be undertaken periodically with a fair degree of regularity in public undertakings to fill up permanent posts which fall vacant because of death, disablement, retirement or removal of employees.

A division bench of Justice Krishna S Dixit and Justice Vijay Kumar A Patil said, “When accumulated vacancies are continued indefinitely, that would not only affect the efficacy of public administration but render many qualified & eligible job aspirants age barred.”

Case No: Writ Appeal No 1017/2024

Citation: 2024 LiveLaw (Kar) 362

The Karnataka High Court on Friday dismissed an appeal filed by an estranged wife challenging a single bench order which refused to direct the appointment of an Expert Committee of neurosurgeons to examine her doctor husband who is alleged of suffering from a porencephalic cyst (missing brain).

A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the appeal filed by the estranged wife challenging the order of the single judge bench dated June 4. It said “The entire petition clearly smacked that the petitioner was grinding a family dispute as per her own case, to file a complaint and seek prayer against R2 (husband) who is practising doctor. Petitioner did not file any complaint for 26 years against her husband's practice. At such a stage she brought the petition when divorce proceedings are pending, the prayers made are outrightly misconceived.”

Case No: WRIT PETITION No.18372 OF 2024

Citation No: 2024 LiveLaw (Kar) 363

The Karnataka High Court has reiterated that non-filing of a certificate under section 65-B of the Evidence Act at the time of production of electronic evidence, would not vitiate the court proceedings.

A single-judge bench of Justice M Nagaprasanna dismissed the petition filed by Santhosh Shet, a teacher who is charged under provisions of the Protection of Children from Sexual Offences Act (POCSO) for raping a minor girl.

Case No.: Writ Petition No.11153 Of 2020 (T-IT)

Citation No: 2024 LiveLaw (Kar) 364

The Karnataka High Court has held that the Settlement Commission, by accepting the explanation 'in the spirit of settlement', cannot be faulted for calling for interference in exercise of the limited jurisdiction.

The bench of Justice S. Sunil Dutt Yadav has observed that the Settlement Commission has taken note of the declaration made under Rule 8 of the Income Tax Settlement Commission (Procedure) Rules and has accepted the assertion of cash gifts. If indeed the applicant had disclosed the cash gifts as 'cash in hand' in the wealth tax returns, the alleged unaccounted cash would have stood explained as noticed in the search, and there would have been no occasion for disclosure as made before the Settlement Commission. The Commission deemed the additional income offered for tax of Rs. 2,20,00,000 as being fair and reasonable and proceeded to dispose of the application.