Karnataka High Court Weekly Round-Up: February 5 - February 11, 2024

Citations: 2024 LiveLaw (Kar) 58 To 2024 LiveLaw (Kar) 69

Nominal Index:

ABC & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 58

P V Rudrappa AND State of Karnataka. 2024 LiveLaw (Kar) 59

M/S. NORTHROOF VENTURES PRIVATE LIMITED AND M/S. XYNC STRUCTURAL SOLUTIONS PVT. LTD. 2024 LiveLaw (Kar) 60

Siddaramaiah AND State of Karnataka. 2024 LiveLaw (Kar) 61

Ranga Trilochana Bedi @ R.T Bedi AND Kabir Bedi. 2024 LiveLaw (Kar) 62

M R Mohan Kumar & Others AND NIL. 2024 LiveLaw (Kar) 63

ABC and XYZ. 2024 LiveLaw (Kar) 64

ABC AND XYZ. 2024 LiveLaw (Kar) 65

The Divisional Manager, The New India Assurance Company Limited AND Sidram Vithoba Maragali. 2024 LiveLaw (Kar) 66

Dr. Bavaguthu Raghuram Shetty and Bureau Of Immigration. 2024 LiveLaw (Kar) 67

A Adinarayana Reddy AND S Vijayalakshmi & ANR. 2024 LiveLaw (Kar) 68.

Central Relief Committee AND Deputy Commissioner Bengaluru District & Others. 2024 LiveLaw (Kar) 69

Judgments/Orders

Effective Discipline Requires Balance Of Punishment & Positive Reinforcement: Karnataka HC Quashes Abetment Case Against Principal, Teacher Over Suicide Of 2 Students

Case Title: ABC & ANR AND State of Karnataka

Case No: Criminal Revision Petition No 924 OF 2016

Citation No: 2024 LiveLaw (Kar) 58

The Karnataka High Court has quashed a case of abetment to suicide registered against a principal and school teacher after two children studying in a school committed suicide and left a suicide note holding them responsible for their act.

A single-judge bench of Justice G Basavaraja allowed the plea filed by the petitioners and discharged them for the offences under section 306 of the Indian Penal Code.

In doing so the court said “It is [not] uncommon that teachers reprimand a student for not being attentive or not being up to the mark in the studies or for bunking classes or for not attending the school. The prosecution papers, including the voluntary statement of the accused, reveals that only in order to safeguard the future educational interest of the deceased students, as they were not up to the mark in preparatory examination, accused have taken special coaching classes to them. As often whispered, teachers are nation builders, who can build the nation solid and strong by imparting the right education among their students. Discipline can improve students' character and analytical skills – which are important to succeed in life. ffective discipline requires a balance between punishment and positive reinforcement.”

Disciplinary Authority Should Consider Acquittal Order Before Awarding Penalty Of Dismissal From Service: Karnataka High Court

Case Title: P V Rudrappa AND State of Karnataka

Case NO: Writ Petition No 9642 OF 2020

Citation No: 2024 LiveLaw (Kar) 59

The Karnataka High Court has quashed an order passed by State Administrative Tribunal whereby the penalty of dismissal from service was imposed on a former Panchayat Development Officer, accused of demanding and accepting bribes.

A division bench of Justice Krishna S Dixit and Justice G Basavaraj allowed the petition filed by P V Rudruppa and said, “Cases of mindless sacking of employees nowadays galore. Proportionality in penalty is rarely seen. We say this with a lot of penury at heart. “Petitioner was a victim, we repeat. Strangely, justice eluded him even at the level of Service Law Tribunal. This happened when there is absolutely no material to prima facie substantiate the allegations of demand & acceptance of bribe for doing the public duty.”

Pending Registration Of Company Under MSMED Act, Council Has No Jurisdiction To Initiate Conciliation And Refer Dispute For Arbitration: Karnataka HC

Case Title: M/S. NORTHROOF VENTURES PRIVATE LIMITED AND M/S. XYNC STRUCTURAL SOLUTIONS PVT. LTD.,

Case No: Writ Petition No 5509 OF 2023.

Citation No: 2024 LiveLaw (Kar) 60

The Karnataka High Court has held that a company which at the time of raising a money claim dispute has not been registered under the Micro Small And Medium Enterprises Development Act, 2006, it then cannot approach the Micro and Small Enterprises Facilitation Council, seeking to initiate conciliation proceedings over the dispute and on failure of the same the Council cannot refer the matter for Arbitration.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by M/s. NORTHROOF VENTURES PRIVATE LIMITED and quashed the order passed by the Arbitral Tribunal dated 07.01.2023 and 22.02.2023, rejecting its application to decide the issue of jurisdiction and maintainability of the proceedings.

Karnataka HC Refuses To Quash Case Against CM Siddaramaiah For Alleged Illegal March In 2022, Directs Him To Appear Before Special Court

Case Title: Siddaramaiah AND State of Karnataka

Case No: CRL.P 7533/2023

Citation No: 2024 LiveLaw (Kar) 61

The Karnataka High Court on Tuesday dismissed a petition filed by Chief Minister Siddaramaiah, Congress' State incharge Randeep Singh Surjewala, and legislators Ramalinga Reddy and MB Patil, seeking to quash a criminal case registered against them in 2022 for alleged illegal march towards the residence of then Chief Minister Basavaraj Bommai, shouting slogans and demanding the resignation of KS Eshwarappa, then Minister.

A single judge bench of Justice Krishna S Dixit dismissed the petition filed by the accused and directed Siddaramiah to appear before the Special Court on February,26. Further, it imposed Rs. 10,000 cost on each of the petitioners for arraying the police officer as party respondent in her personal capacity.

Karnataka HC Dismisses Plea By Elder Brother Of Actor Kabir Bedi For Restraining Sale Of Actor's Autobiography Due To Alleged Defamatory Statement

Case Title: Ranga Trilochana Bedi @ R.T Bedi AND Kabir Bedi.

Case No: M.F.A. NO.8528/2022

Citation No: 2024 LiveLaw (Kar) 62

The Karnataka High Court has dismissed a plea by R.T Bedi, elder brother of film Actor Kabir Bedi, challenging an order of the trial court rejecting his prayer to temporarily restrain Kabir Bedi and the publishing house Westland Publications Private Limited, from selling his autobiography titled 'Stories I Must Tell: The Emotional Life of an Actor.'

Further, he sought an ad-interim order of injunction against the defendants for removal of all defamatory statements made against the plaintiff (R. T. Bedi ) from the book.

A single judge bench of Justice H P Sandesh dismissed the appeal and said “I do not find any ground to grant the relief as sought in the appeal. The Trial Court has not committed any error in rejecting the I.A.Nos.2 and 3 and it does not require any interference of this Court and the appeal suffers from devoid of its merits.”

[Succession Act, 1925] Probate Can Be Granted In Plea By Beneficiary Of Will Even If No Executor Has Been Named: Karnataka High Court

Case Title: M R Mohan Kumar & Others AND NIL

Case No: Miscellaneous First Appeal No 4399 OF 2023.

Citation No: 2024 LiveLaw (Kar) 63

The Karnataka High Court has held that probate can be granted on a plea made by the beneficiary named in a will, in case no executor had been named.

A single judge bench of Justice H P Sandesh allowed the appeal filed by M.R. Mohan and others and set aside the order of the trial court rejecting their petition filed for issuance of probate. Allowing the appeal the court granted Probate/Succession Certificate in favour of the appellants as sought.

If Husband Fails To Adhere To Decree For Restitution Of Conjugal Rights, Wife Can Seek Interim Maintenance Before Executing Court: Karnataka HC

Case Title: ABC and XYZ

Case No: Writ Petition No 2215 OF 2022

Citation No: 2024 LiveLaw (Kar) 64

The Karnataka High Court has held that in the absence of a stay on the decree for restitution of conjugal rights (RCR), if the husband fails to take the wife back to the matrimonial home, then it would be open to the wife to seek interim maintenance for herself and their child even at the stage of execution of the decree.

The Court was dealing with a challenge by the husband, against an order of the Family Court directing him to pay a sum of Rs 25,000 per month as interim maintenance for his wife and child upon the wife executing a decree for RCR when the husband failed to take her back to the matrimonial home.

'Malicious Parent Syndrome' Of Purposely Separating Child From Other Parent Worrisome, Affects Child's Psyche: Karnataka High Court

Case Title: ABC AND XYZ

Case No: CRIMINAL PETITION No.3749 OF 2022

Citation No: 2024 LiveLaw (Kar) 65

The Karnataka High Court has expressed concern over emerging trend of 'malicious parent syndrome' whereby a malicious parent engages in attempts to punish the other parent by separating the child, denying child visitation and lying to children.

A single judge bench of Justice M Nagaprasanna made the observation while allowing a petition filed by the third husband of a woman, who was charged under POCSO Act on a complaint made by the biological father of the child.

Court said the trend is "worrisome" as wrangling parents forget that they are projecting their own child to have been a subject of such assault.

Karnataka HC Directs Insurer To Compensate Villagers Carrying Pet Animals When Travelling For Outstation Work, Despite MV Rules Violation

Case Title: The Divisional Manager, The New India Assurance Company Limited AND Sidram Vithoba Maragali

Case No: MISCELLANEOUS FIRST APPEAL NO. 23428 OF 2011 (MV) C/W MISCELLANEOUS FIRST APPEAL NO. 23430 OF 2011.

Citation No: 2024 LiveLaw (Kar) 66

The Karnataka High Court has upheld an order passed by the Motor Accidents Claim Tribunal which granted compensation to villagers who met with an accident and suffered injuries while travelling in tractor-Trailers along with their pet goats.

A single judge bench of Justice V Srishananda though agreed with the contention of the insurance company that there is a violation of Rule 74 of the Karnataka Motor Vehicles Rules, 1989 in prohibiting the transportation of the animals in the TT Unit, it said, “This Court cannot lose sight of the fact that two goats died and two persons were injured who are the inmates of T.T. Unit and they are the claimants.”

Further it observed, “They (claimants) are the rustic villagers and when they move in groups for harvesting the sugarcane crop, entire family members will be moving to the sugarcane land along with their pet animals, as nobody would be available in the home-front to look after them. As such they are to be carried along with the family members.”

Purpose Of LOC Not Loan Recovery Particularly When Favourable Decree Obtained: Karnataka HC Suspends LOC Against NMC Health Founder

Case Title: Dr. Bavaguthu Raghuram Shetty and Bureau Of Immigration

Case No: WP 4385/2023

Citation No: 2024 LiveLaw (Kar) 67

The Karnataka High Court on Friday suspended the Lookout Circulars (LOCs) issued by Bank of Baroda and Punjab National Bank and the endorsement issued by Bureau of Immigration against founder of NMC Health, Dr Bavaguthu Raghuram Shetty (B R Shetty) and permitted him to travel to UAE.

A single judge bench of Justice Krishna S Dixit said, “The writ petition conditionally succeeds, LOC's are suspended. A writ of Mandamus is issued to Bureau of Immigration to permit petitioner to travel forthwith to UAE, if there is no other impediment.”

S.138 NI Act | Single Complaint For Dishonour Of Multiple Cheques Issued Qua Same Transaction Maintainable: Karnataka High Court

Case Title: A Adinarayana Reddy AND S Vijayalakshmi & ANR

Case No: Criminal Petition No 5909 OF 2023

Citation No: 2024 LiveLaw (Kar) 68.

The Karnataka High Court has held that a single complaint made under Section 138 of the Negotiable Instruments Act, is maintainable for multiple cheques issued by the respondent/accused on the same cause of action.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by complainant A Adinarayana Reddy and set aside the order dismissing the complaint filed under Section 138 of the Negotiable Instruments Act, against accused S Vijayalakshmi and another.

It said “When all the cheques were issued by the husband and wife for the same cause of action and cheques were dishonoured, a common notice was issued against the accused. Such being the case, instead of filing the multiple complaints, single complaint for dishonour of multiple cheques are maintainable.”

[Karnataka Prohibition Of Beggary Act] Central Relief Committee Kept 'Pot Of Litigation Boiling' For 7 Yrs Instead Of Rehabilitating Slum Dwellers: High Court

Case Title: Central Relief Committee AND Deputy Commissioner Bengaluru District & Others

Case NO: WRIT PETITION No.55797 OF 2017

Citation No: 2024 LiveLaw (Kar) 69

The Karnataka High Court has dismissed a petition filed by the Central Relief Committee constituted under the Karnataka Prohibition of Beggary Act, 1975, questioning an order passed by the Deputy Commissioner, Bengaluru, declaring a particular area possessed by it, to be a slum.

A single judge bench of Justice M Nagaprasanna while dismissing the plea said “The Central Relief Committee has kept the pot of litigation boiling for the last 7 years and no rehabilitation of the slum dwellers has taken place. If a major portion of the land had been taken away, it would have been a circumstance altogether different, which is not the one in the case at hand. Therefore, the challenge is rendered unsustainable.”