Karnataka High Court Weekly Round-Up: November 11 - November 17, 2024

Citations: 2024 LiveLaw (Kar) 464 To 2024 LiveLaw (Kar) 471

Nominal Index:

B C Hanumantharaju AND Kavyashree & ANR. 2024 LiveLaw (Kar) 464

Khaja Hussain AND State of Karnataka. 2024 LiveLaw (Kar) 465

Nagaraj G K AND THE HON'BLE ADDL. LABOUR COMMISSIONER & Others. 2024 LiveLaw (Kar) 466

Nagaraj G K AND THE HON'BLE ADDL. LABOUR COMMISSIONER & Others. 2024 LiveLaw (Kar) 466

UNION BANK OF INDIA AND State of Karnataka. Citation no: 2024 LiveLaw (Kar) 467

Master Shamant P & Others AND Union of India & Others. 2024 LiveLaw (Kar) 468

Karan Dhanajaya AND Bar Council of India & Others. 2024 LiveLaw (Kar) 469

N Shreyas & ANR AND The Bangalore Metropolitan Transport Corporation & Others. 2024 LiveLaw (Kar) 470

Jabir Ali Khan alias Shuja AND Karnataka State Board of Wakfs & Others. 2024 LiveLaw (Kar) 471

Judgments/Orders

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

Case Title: B C Hanumantharaju AND Kavyashree & ANR

Case No: REV.PET FAMILY COURT NO. 313 OF 2023

Citation No: 2024 LiveLaw (Kar) 464

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife.

A single judge bench of Justice Ashok S Kinagi held thus while dismissing a petition filed by one B C Hanumantharaju challenging an order of maintenance issued by the trial court. The trial court vide its order dated 07-03-2023, directed him to pay Rs.6,000 per month to each of his daughters including a minor till they get married. It had further directed him to pay Rs.1,04,000 to the respondents towards educational expenses incurred during the current academic year.

Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC

Case Title: Khaja Hussain AND State of Karnataka

Case No: CRIMINAL APPEAL NO. 200109 OF 2014

Citation No: 2024 LiveLaw (Kar) 465

The Karnataka High Court has said that there is no duty on the accused to prove a defence of consent in a matter of rape, and his exercise of his right to remain silent would be sufficient where the prosecution itself is unable to prove its case.

The court said that as the right of the accused to remain silent would fasten the burden on the prosecution to prove absence of consent during sexual intercourse; if it fails to discharge such burden, the case of the prosecution would fall on its own weight. If prosecution does not discharge the burden beyond reasonable doubt it would make the accused entitled to acquittal, it added.

Appellate Authority Under POSH Act Can Stay Final Report Of Internal Complaints Committee Pending Final Decision: Karnataka High Court

Case Title: Nagaraj G K AND THE HON'BLE ADDL. LABOUR COMMISSIONER & Others

Case No: WRIT PETITION NO. 28361 OF 2024

Citation No: 2024 LiveLaw (Kar) 466

The Karnataka High Court has held that there is no express bar under provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, for the appellate authority to consider an application for stay in appeal against the final report of the Internal Complaints Committee.

A single judge bench of Justice S Sunil Dutt Yadav said “The appellate authority despite the absence of specific provision for granting of interim order would have the power to consider the interim application.”

Karnataka High Court Rejects Plea To Transfer Probe In Valmiki Corporation "Scam" To CBI

Case Title: UNION BANK OF INDIA AND State of Karnataka

Case No: WP 17274/2024

Citation no: 2024 LiveLaw (Kar) 467

The Karnataka High Court on Wednesday (November 13) dismissed a petition filed by Union Bank of India seeking a direction to the government to transfer the probe being carried out in the alleged scam regarding the Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation Ltd, to the Central Bureau of Investigation (CBI).

A single judge bench of Justice M Nagaprasanna while pronouncing the verdict orally said, "I have not accepted the interpretation of Section 35A (Banking Regulation Act) to become a ground for reference to CBI. If I permit that every banking institution may ask. DSP Act may become redundant"

Priority In Admission To Kendriya Vidyalaya Not A Vested Right: Karnataka HC Declines Plea By Students Seeking 'Grandparents Sponsoring Quota'

Case Title: Master Shamant P & Others AND Union of India & Others

Case No: WRIT APPEAL No. 1305 OF 2024

Citation No: 2024 LiveLaw (Kar) 468

The Karnataka High Court has said that priority in admission to school cannot be construed to be a vested right and priority provided in the previous academic year cannot be enforced as a legal right for continuation of such quota.

A Division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while dismissing an appeal filed by grandchildren of serving/retired employees of Indian Institute of Science, Bengaluru.

Foreign Law Degree Holder With Bridge Course Not Required To Clear Other Qualifying Exams Except AIBE: Karnataka HC Cites BCI Notification

Case Title: Karan Dhanajaya AND Bar Council of India & Others

Case No: Writ Petition No: 29996 of 2024

Citation No: 2024 LiveLaw (Kar) 469

The Karnataka High Court has directed the State Bar Council to enrol a law degree holder from foreign university who has completed 2 years of Bridge Course, on its rolls on the basis of the results of the Bridge Course without insisting for any other qualifying examinations other than AIBE.

A single judge bench of Justice Suraj Govindaraj allowed petition filed by Karan Dhananjaya and said “I am of the considered opinion that in terms of the notification dated 21.3.2023, (issued by Bar Council of India) such degree holder is not required to take up any other qualifying examination other than the All India Bar Examination (AIBE). The Respondent No.3 (KSBC) is directed to enrol the petitioner as its rolls on the basis of the results of the Bridge Course without insisting for any other qualifying examination.”

928 BMTC Buses Have Audio Announcement System To Aid Visually Impaired Persons: Karnataka High Court Told

Case Title: N Shreyas & ANR AND The Bangalore Metropolitan Transport Corporation & Others.

Case NO: WP 10744/2022

Citation No: 2024 LiveLaw (Kar) 470

Bengaluru Metropolitan Transport Corporation (BMTC) informed the Karnataka High Court on Friday (November 15) that an audio announcement system has been installed in 928 buses for the aid of physically challenged and visually impaired persons, to know the stops or the destinations.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind accepted the statement made by the counsel for BMTC and disposed of a public interest litigation filed by N Shreyas, a visually impaired person, seeking restoration of audio announcement service in State and Corporation buses and Metro railways.

Waqf Board Can't Recall Administrator's Order Declaring Property As 'Private' Through Committee, Must Approach Court/ Tribunal: Karnataka HC

Case Title: Jabir Ali Khan alias Shuja AND Karnataka State Board of Wakfs & Others

Case No: WRIT PETITION NO. 24600 OF 2022

Citation No: 2024 LiveLaw (Kar) 471

The Karnataka High Court recently has set aside an order passed by the Karnataka State Waqf Board, constituting a Law Committee to review and recall an order passed in the year 1976, by then Administrator of the Board which held that a portion of a property situated in Kumbarpete area of Bengaluru was private property and not Waqf Property.

A single judge bench of Justice M G S Kamal allowed the petition filed by one Jabir Ali Khan @ Shuja who had questioned the constitution of the law committee. It directed the Board to approach Karnataka Waqf Tribunal by instituting the proceedings as contemplated under the Waqf Act.