Karnataka High Court Weekly Roundup: January 22 - January 28, 2024

Citations: 2024 LiveLaw (Kar) 35 To 2024 LiveLaw (Kar) 46

Nominal Index:

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

Judgments/Orders

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.