Karnataka High Court Weekly Roundup: January 20 To January 26, 2025

Citation No: 2025 LiveLaw (Kar) 17 to 2025 LiveLaw (Kar) 27

Nominal Index:

Amrutha M & Others AND State of Karnataka & Others. 2025 LiveLaw (Kar) 17

MD Imran Reza AND NoBroker Technologies Solutions Pvt. Ltd. 2025 LiveLaw (Kar) 18

Central Warehousing Corporation AND G C Bhat & ANR. 2025 LiveLaw (Kar) 19

ABC AND XYZ. 2025 LiveLaw (Kar) 20

Shekhar AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 21

The Income Tax Officer & ANR Preeti V. 2025 LiveLaw (Kar) 22

K S Vishwa Kiran And State of Karnataka & ANR. 2025 LiveLaw (Kar) 23

Shipoil Limited AND MT Standorf. 2025 LiveLaw (Kar) 24

B Ashok Kumar AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 25

The Registrar General AND Union of India & Others. 2025 LiveLaw (Kar) 26

Shilpa Kiran & ANR And State of Karnataka & ANR. 2025 LiveLaw (Kar) 27

Judgments/Orders

"State Should Never Stifle Rights Of Poor": Karnataka HC Sets Aside Govt Order Reducing Education Assistance To Children Of Construction Workers

Case Title: Amrutha M & Others AND State of Karnataka & Others

Case No: WRIT PETITION No.9924 OF 2024

Citation No: 2025 LiveLaw (Kar) 17

The Karnataka High Court set aside a notification issued by the State Government in 2023, reducing the education assistance amount for children of registered construction workers for pursuing graduation and post-graduation courses.

A single judge, Justice M Nagaprasanna observed “The state should never stifle or smother the rights of the poor. There is no reason whatsoever found in any of the justification projected by the State to do so. The State government must remember that it should take all steps towards educating women, as it is said, educating a man, is educating an individual; educating a woman, is educating a generation.”

Karnataka HC Rejects PIL Claiming NoBroker Technologies Forces Employees To Surrender Their Digital Privacy, Snoops Their Personal Browsing

Case Title: MD Imran Reza AND NoBroker Technologies Solutions Pvt. Ltd

Case No: WRIT PETITION NO. 29555 OF 2024

Citation No: 2025 LiveLaw (Kar) 18

The Karnataka High Court has dismissed a public interest litigation filed claiming that NoBroker Technologies Solutions Pvt. Ltd forces its employees to surrender their digital privacy under the threat of losing access to work tools.

A division bench of Chief Justice N V Anjaria and Justice M I Arun dismissed the petition filed by one MD Imran Reza stating, “This Court is not inclined to entertain the petition. Any individual violation of privacy rights may be a cause of action for initiating appropriate legal proceedings as may be permissible in law, in accordance with law.”

Gratuity Cannot Be Forfeited For Employee Who Was Dismissed For Allegedly Misappropriating Funds Without Proper Proceedings: Karnataka HC

Case Title: Central Warehousing Corporation AND G C Bhat & ANR

Case No: WRIT PETITION NO.102635 OF 2024

Citation No: 2025 LiveLaw (Kar) 19.

The Karnataka High Court has held that in case no proceedings have been initiated against a delinquent employee for recovery of the alleged losses caused to the public institution due to their misappropriation, the question of the employer retaining the gratuity amount of the dismissed employee and forfeiting the same, would not arise.

Justice Suraj Govindaraj held thus while dismissing the petition filed by Central Warehousing Corporation, which had challenged the order of the Controlling Authority. The authority while allowing the application filed by G C Bhat had directed the corporation to pay him a gratuity amount of Rs.7,88,165 with 10% interest from 12.12.2013, till the date of actual payment.

Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked

Case Title: ABC AND XYZ

Case No: CIVIL PETITION NO. 370 OF 2024

Citation No: 2025 LiveLaw (Kar) 20

The Karnataka High Court has said that there should be a gender-neutral society which aims at preventing separation of duties according to sex or gender and the focus should be on equal treatment of men and women both in domestic affairs and workplaces.

The court disallowed a plea for transfer of a divorce petition filed by the wife and stated that the husband's convenience cannot be overlooked. Only because the transfer petition is moved by a woman, transfer of the case as sought cannot be effected, it said.

Duty Of Deed Writers To Look Into All Papers Before Scribing A Deed, Which Includes Investigating Title Over Property: Karnataka HC

Case Title: Shekhar AND State of Karnataka & ANR

Case No: CRIMINAL PETITION No.9546 OF 2024

Citation No: 2025 LiveLaw (Kar) 21

The Karnataka High Court has refused to quash a criminal case registered against a licensed deed writer accused of writing an agreement for the sale of a land based on a general power attorney (GPA) which was allegedly a forged one.

Justice M Nagaprasanna dismissed the petition filed by one Shekar and said “Merely because he is a deed writer, the proceedings against him cannot be quashed, as the offence of forgery and using forged document to be genuine and criminal breach of trust by the petitioner are prima facie met. Therefore, these are matters where investigation would be required”.

Proceedings Initiated Against Income Tax Assessee After His Death Cannot Be Continued Against Legal Representative: Karnataka HC

Case Title: The Income Tax Officer & ANR Preeti V

Case No:WRIT APPEAL NO. 1407 OF 2024

Citation No: 2025 LiveLaw (Kar) 22

The Karnataka High Court has said proceedings initiated against an Income Tax Assessee by issuing notice after his demise cannot be continued against his/her legal representative.

A division bench of Justice Krishna S Dixit and Justice G Basavaraja said, “Had the proceedings been initiated against the Assessee during his lifetime, they could have continued against the legal representatives of the deceased Assessee.”

Karnataka HC Quashes SC/ST Act Case Against Bank Manager, Calls It Another Case Of Misuse Of Law Enacted To Protect Marginalised

Case Title: K S Vishwa Kiran And State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 3839 OF 2022

Citation No: 2025 LiveLaw (Kar) 23

The Karnataka High Court quashed a case registered against a private bank manager under the provisions of the Schedule Castes and the Schedule Tribes (SCST) (Prevention of Atrocities) Act after noting that it was yet another case of misuse of the special enactment which was enforced to protect the interests of the marginalized.

Justice M G Uma passed the order while allowing the petition filed by K.S. Vishwa Kiran. The petitioner was charged under Sections 420, 354, 354B, 506 and 509 of the Indian Penal Code (for short IPC) and Sections 3(2) (v) and 3 (2) (va) of the SCST Act.

Plea For Recovering Dues Against Vessel Under Admiralty Act, Which Is A Special Statute, Maintainable Before High Court: Karnataka HC

Case Title: Shipoil Limited AND MT Standorf

Case No: CIVIL PETITION NO. 23 OF 2020

Citation No: 2025 LiveLaw (Kar) 24

The Karnataka High Court has said that a petition filed seeking a decree against a vessel (ship) would be maintainable before the High Court under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and not before the Commercial Court.

Justice Dr Chillakur Sumalatha held thus while dismissing the petition filed by Shipoil Limited, seeking to return the petition filed by M. T. Standorf. The respondent had filed the petition seeking the Court to pass a decree against the vessel by name M.T. STANDORF for recovery of a sum of EUR.506,512.66 equivalent to INR 4,05,21,732.80 (Rupees Four Crores Five Lakhs Twenty one Thousand Seven Hundred Thirty Two and eighty paise only) towards outstanding principal amount of EUR.457,149.36 and the accrued interest thereon and other allied reliefs including sale of the vessel by public auction.

Consensual Sexual Relationship Not Licence For Man To Assault Woman: Karnataka High Court Refuses To Drop Case Against Circle Inspector

Case Title: B Ashok Kumar AND State of Karnataka & ANR

Case No: CRIMINAL PETITION No.3594 OF 2022

Citation No: 2025 LiveLaw (Kar) 25

The Karnataka High Court has refused to quash an attempt to murder case registered against a police officer who is accused to have assaulted a woman with whom he was in a consensual relationship for several years.

Justice M Nagaprasanna said “I deem it appropriate to hold that consensual acts between the accused and the victim for having sexual relationship, can never become a licence to the man to assault the lady. The case at hand projects gross misogynist brutality upon the complainant.”

Right To Health/Medical Care A Fundamental Right, Enforceable Through Corresponding Obligation On State To Create Facilities: Karnataka HC

Case Title: The Registrar General AND Union of India & Others

Case No: WRIT PETITION NO. 797 OF 2024

Citation No: 2025 LiveLaw (Kar) 26

The Karnataka High Court has directed State Department of Health and Family Welfare, to constitute a three member Committee headed by its Secretary to continuously oversee and implement the mechanism to ensure medical facility and infrastructure–including medical and para-medical personnel at all levels–City, District and Rural.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind issued the direction while disposing of a suo-motu public interest litigation initiated taking cognizance of a news report published in The New Indian Express newspaper, highlighting a shortfall of around 16,500 medical personnel in the State.

The court said, “When the right to health and right to medical-care is treated as fundamental right, it stands enforced only with corresponding Constitutional obligation on part of the State to create medical facilities. For effective enjoyment of this right, the creation of medical cadre, adequate medical personnel, setting up of infrastructure, availability of medicines in sufficient quantity and without interruption, as also establishment of Primary Health Centres in the rural area, are the concomitants. They become inseparable necessities for enjoyment of right to health and right to medicare.”

Karnataka High Court Quashes Criminal Defamation Case Against News 1 Kannada's Anchor & Head Of News

Case Title: Shilpa Kiran & ANR And State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 10818 OF 2023

Citation No: 2025 LiveLaw (Kar) 27

The Karnataka High Court has quashed criminal defamation proceedings initiated against a News Anchor and Head of News-1 Kannada TV channel based on the complaint filed by a police sub-inspector.

Justice S R Krishna Kumar allowed the petition filed by Shilpa Kiran and Suresha G S and quashed the proceedings pending against them under sections 290(Punishment for public nuisance in cases not otherwise provided for), 505 (1) (Statements conducing to public mischief), 34(common intention), 499(Defamation), 500 (Punishment for defamation) of the Indian Penal Code, 1860.