Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]

Citations: 2024 LiveLaw (Kar) 01 To 2024 LiveLaw (Kar) 09

Nominal Index:

Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw (Kar) 1

H B Bhagyalakshmi AND Cheluvamma. 2024 LiveLaw (Kar) 2

Late H.H. Jyotendra Sinhji Vikramsinhji & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 3

Hemanth Raju AND Punitha H J and Another. 2024 LiveLaw (Kar) 4

ABC AND State of Karnataka & Others. 2024 LiveLaw (Kar) 5

Channabasappa Hosmani AND Parvatevva alias Kasturevva & Others. 2024 LiveLaw (Kar) 6

Jagdeep Rao AND State of Karnataka & Others. 2024 LiveLaw (Kar) 7

M/S. V.K. Niranjan And Co Versus Commissioner Of Service Tax. 2024 LiveLaw (Kar) 8

Adarsh Developers Versus The Deputy Commissioner Of Income Tax. 2024 LiveLaw (Kar) 9

Judgments/Orders

Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship

Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka

Case No: Criminal Petition No 100721 of 2023.

Citation No: 2024 LiveLaw (Kar) 1

The Karnataka High Court recently obliterated rape charges levelled against a man but directed him to pay Rs 10,000 monthly maintenance to the child born out of the consensual relationship which he had with the lady, whom he allegedly lured on the promise of marriage.

A single judge bench of Justice M Nagaprasanna partly allowed the petition filed by one Raghvendraraddi Shivaraddi Naduvinamani and quashed the charges of rape under Section 376 IPC, but continued proceedings against him under sections 506, 417 and 420 of the Code.

It said,“In the peculiar facts of this case, as it is found that the petitioner is the biological father of the child, he cannot now show a hands off to the responsibility of the child which is born to him albeit, till the conclusion of the trial. I therefore, deem it appropriate to direct the petitioner to pay maintenance to the child at Rs.10,000 p.m. till the conclusion of the trial.”

Drawer's Consent Not Required For Alterations To Body Of Blank Signed Cheque But Shouldn't Exceed Amount Covered By It: Karnataka High Court

Case Title: H B Bhagyalakshmi AND Cheluvamma

Case No: Criminal Appeal No 2104 OF 2018

Citation No: 2024 LiveLaw (Kar) 2

The Karnataka High Court has held that when the drawer of the cheque signs and issues a blank cheque to the complainant, if any alteration appears on the body of the cheque, such alterations need not require the consent of the drawer of the cheque.

A single judge bench of Justice S Rachaiah made the observation while allowing the appeal filed by a school teacher H B Bhagyalakshmi and setting aside the acquittal of Cheluvamma from offence punishable under Section 138 of the Negotiable Instruments Act.

Karnataka Town Planning Act | Land Reservation For Public Use Lapses If Not Acquired Within 5 Yrs: High Court

Case Title: Late H.H. Jyotendra Sinhji Vikramsinhji & Others AND State of Karnataka & Others

Case No: Writ Petition No 1678 OF 2015.

Citation No: 2024 LiveLaw (Kar) 3

The Karnataka High Court has declared that land reserved for public use such as parks, cemeteries, etc., in terms of Section 12(1)(c) of the Karnataka Town and Country Planning (KTCP) Act, loses such reservation if not acquired within five years.

A single judge bench of Justice Suraj Govindaraj held that when such designation lapses, if the land owner wants to make use of the land for a different purpose than for which it was designated, then they would have to apply under Section 69(3) of the KTCP Act for consideration of new land use proposed by the owner, which would be considered based on the surrounding developments after inviting objections from the general public and would be considered in a meeting of the Authority.

Damaged Car Owner Can Claim Amount From Offending Vehicle's Insurer If Damage Amount Not Fully Reimbursed By His Own Insurer: Karnataka HC

Case Title: Hemanth Raju AND Punitha H J and Another

Case No: Miscellaneous First Appeal No 6841 OF 2013.

Citation No: 2024 LiveLaw (Kar) 4

The Karnataka High Court has held that in a motor accident if the total amount for repairs is not reimbursed by the insurer of the damaged vehicle, the claimant will have every right to approach the Motor Accident Claims Tribunal to seek an order for payment of the balance amount from the insurer of the offending vehicle.

A single judge bench of Justice Dr Chillakur Sumalatha partly allowed the appeal of one such claimant, a taxi owner, against the Tribunal's order rejecting his claim.

It said,“The claimant cannot claim the same amount which he received from his insurer towards damages to the vehicle again from the insurer of the offending vehicle. However, if the total amount is not reimbursed by his insurer, the claimant will have every right to seek the Tribunal to order for payment of the balance amount from the insurer of the offending vehicle.”

Woman Brings US-Born Daughter To India In Violation Of Foreign Court Order: Karnataka HC Refuses To Interfere, Says Child's Welfare Paramount

Case Title: ABC AND State of Karnataka & Others

Case No: W.P.H.C NO. 43 OF 2023

Citation No: 2024 LiveLaw (Kar) 5

The Karnataka High Court has dismissed the habeas corpus petition filed by a father residing in the USA, seeking a direction upon his wife to hand over their 4 year-old daughter's custody to him.

The man claimed that his wife had brought the child to India in violation of the US-Court's orders. A division bench of Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda however dismissed the petition saying, “Keeping in view the welfare of minor girl, in our considered opinion, the girl being a four year old girl child, it would be in her best interest to remain in the custody of her mother.”

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court

Case Title: Channabasappa Hosmani AND Parvatevva alias Kasturevva & Others

Case No: Writ Petition no 105363 OF 2023

Citation No: 2024 LiveLaw (Kar) 6

The Karnataka High Court has held that legal heirs of a daughter are entitled to equal share in the family properties, even if the daughters had passed away before the amendment to the Hindu Succession Act, came into force in 2005.

A single judge bench of Justice Sachin Shankar Magadum, dismissed the plea filed by Channabasappa Hosmani, questioning the order passed by the trial court wherein his application made under Section 152 of the Civil Procedure Code, was declined and the trial court refused to amend the preliminary decree which granted equal share to the legal heirs of the pre-deceased daughters.

Playing With Children's Future: High Court Imposes ₹1 Lakh Cost On Bengaluru's Brigade School For Delayed Compliance Of Its Order

Case Title: Jagdeep Rao AND State of Karnataka & Others

Case No: CCC 1307/2023

Citation No: 2024 LiveLaw (Kar) 7

The Karnataka High Court on Friday saddled the Brigade School in Bengaluru's Malleshwaram area with Rs 1 lakh cost for failure to comply with its interim order requiring it to permit petitioner's daughter to attend classes. She was deprived of attending classes on account of non-submission of an undertaking from the parents, which the school wanted.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit directed the amount to be deposited with the Chief Ministers Fund, within two weeks.

CA Firm Paid Service Tax With Accrued Interest Before Show Cause Notice: Karnataka High Court Reduces Penalty From 100% To 25%

Case Title: M/S. V.K. Niranjan And Co Versus Commissioner Of Service Tax

Case No.: REVIEW PETITION No.384 OF 2022

Citation No: 2024 LiveLaw (Kar) 8

The Karnataka High Court has held that the service tax has been paid with accrued interest even before the show cause notice has reached the review petitioner.

The bench of Justice P.S. Dinesh Kumar and Justice V. Srishananda has observed that the show cause notice itself shows that there was a payment of service tax along with interest by the review petitioner. The court has reduced the penalty from 100% to 25% and directed the review petitioner to pay Rs. 2,50,000 to meet the ends of justice.

Scrutiny Notices Issued By NaFAC Addl. CIT Instead Of AO Under Central Charge Is Valid: Karnataka High Court

Case Title: Adarsh Developers Versus The Deputy Commissioner Of Income Tax

Case No.: Writ Petition No.1109/2023

Citation No: 2024 LiveLaw (Kar) 9

The Karnataka High Court upheld the validity of scrutiny notices issued by the National Faceless Assessment Centre (NaFAC) Addl. CIT instead of the Jurisdictional Assessing Officer (JAO) under central charge.

The bench of Justice B. M. Shyam Prasad has observed that if the right to call in question the jurisdiction is left open to be raised at any stage, the proceedings will remain inconclusive, and that could not have been the intention of the legislature.