Karnataka High Court Weekly Roundup: August 19 - August 25, 2024

Nominal Index [Citations 373 - 379]:

Sreeramu V and ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 373

Chennamma AND The Regional Commissioner & Others. 2024 LiveLaw (Kar) 374

Shobha AND Dr Anil P Kumar. 2024 LiveLaw (Kar). 375

Mohammed Shahid & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 376

Rafiq Bepari AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 377

Dr Subhalakshmi N & ANR v. State By District Appropriate Authority PC AND PNDT District Health and Family Welfare Office & Others. 2024 LiveLaw (Kar) 378

Sadat Ali Khan AND Noor Ahmed Sayyed & ANR2024 LiveLaw (Kar) 379

Judgments/Orders

Negligence Of Electricity Dept Leads To Loss Of Lives: Karnataka HC Declines Relief To BESCOM Officials Over Death Of Mother, Child Due To Live-Wire

Case Title: Sreeramu V and ANR AND State of Karnataka & ANR

Case No: WRIT PETITION No.16281 OF 2024

Citation No: 2024 LiveLaw (Kar) 373

The Karnataka High Court has refused to quash a criminal case registered against BESCOM officials who were charged after a mother and her nine-month-old child died due to electric shock caused because of a live wire which was broken and lying on a public street.

A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Sreeramu V and another who were charged under section 304A of the Indian Penal Code (causing death by negligence).

Merely Inserting Wakf Board's Name In Revenue Records Of Land Will Not Lead To Conclusion That It Is Wakf Property: Karnataka High Court

Case Title: Chennamma AND The Regional Commissioner & Others

Case No: WRIT PETITION NO. 202162 OF 2022

Citation No: 2024 LiveLaw (Kar) 374

The Karnataka High Court has said that on the mere deletion of the name of a private owner in revenue records by the Tahsildar and inserting the name of the Wakf board, without carrying out an inquiry for determination of title, the property cannot be said to be a wakf property.

A single judge bench of Justice Suraj Govindaraj held thus while allowing a petition filed by one Chennamma and set aside the order of the Assistant Commissioner dated 14-02-2022 and directed the Tashildar to delete the entry of Board in the record of rights in respect of the land of the petitioner and reinstate the name of the petitioner in the said revenue records within sixty days.

S.23 Senior Citizens Act | Karnataka HC Allows Mother To Void Gift Deed Transferring Property To Son After He Refuses To Assist Parents In Old Age

Case Title: Shobha AND Dr Anil P Kumar

Case No: WRIT PETITION NO. 202832 OF 2019

Citation No: 2024 LiveLaw (Kar). 375

The Karnataka High Court has said that when parents transfer property by way of gift, a reasonable expectation that their offspring would take care of their requirements in their old age can imputed from the pleadings made in the application filed under Section 23 of the Maintenance And Welfare Of Parents And Senior Citizens Act, even if not so mentioned in the gift deed.

Section 23 pertains to transfer of property to be void in certain circumstances.

A single judge bench of Justice Suraj Govindaraj held thus while setting aside an order passed by the Assistant Commissioner, which had rejected the application made by one Shobha seeking to void the gift deed executed in favour of her son Dr Anil P Kumar after he showed disinterest in ensuring her and her husband's welfare and did not provide basic amenities and tend to physical needs during old age.

Karnataka High Court Quashes Husband's Complaint Alleging Wife Was Attempting To Murder Him And His Mother Using 'Black Magic'

Case Title: Mohammed Shahid & ANR AND State of Karnataka & ANR

Case No: CRIMINAL PETITION No.9653 OF 2023 C/W WRIT PETITION No.19687 OF 2023 (GM-RES) WRIT PETITION No.23864 OF 2023.

Citation No: 2024 LiveLaw (Kar) 376

The Karnataka High Court has quashed a complaint registered by a husband against his wife claiming she wanted to murder him and his mother using Black Magic.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by the wife and quashed the order of reference made for further investigation by the Magistrate court on the private complaint filed by the husband under sections 380, 411, 506, 307, 511 and 34 of the IPC and Section 3 of Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017.

"Courts Are Vigilant To Forcible Conversion Of Underprivileged Women, Children": Karnataka HC Denies Bail To Man Booked For Sexual Assault, Illegal Conversion

Case Title: Rafiq Bepari AND State of Karnataka & ANR

Case No: CRIMINAL APPEAL NO. 100296 OF 2024

Citation No: 2024 LiveLaw (Kar) 377

The Karnataka High Court recently rejected a bail plea filed by one Rafiq Bepari who is accused of inducing a married woman, sexually assaulting her and forcing her to convert to Islam for marriage with him.

A single judge bench of Justice S Rachaiah said “In the present case, the act of inducing innocent and poor women and forcibly converting to Islam is a serious development and therefore, in order to avoid such bad development, it is necessary to give message to society that Courts are vigilant to regulate such activities and also guarding the innocent and underprivileged women and children of the society.”

State's Goal To Check Female Foeticide Due To "Illegal" Sex Determination At Diagnostic Centres "Laudable" But It Must Comply With Law: Karnataka HC

Case Title: Dr Subhalakshmi N & ANR v. State By District Appropriate Authority PC AND PNDT District Health and Family Welfare Office & Others

Case No: CRIMINAL PETITION No.3002 OF 2024

Citation No: 2024 LiveLaw (Kar) 378

The Karnataka High Court has said that the State's object to check female foeticide cases due to "illegal" sex determination at diagnostic centres is "laudable", but there must be compliance of Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT) as every centre cannot be "painted with the same brush".

A single judge bench of Justice M. Nagaprasanna made the observation while allowing a petition–filed by Dr Subhalakshmi N and another doctor–set aside the criminal proceedings initiated against them pursuant to a complaint by the District Appropriate Authority alleging offences under Sections 20(1),(2),(3) and 23(1) and (2) of the PCPNDT Act. The first petitioner is the proprietor of a diagnostic centre named 'Medizone Medical Centre' and the second petitioner is a certified registered operator of the ultrasound machine at the centre.

Not Wearing Protective Headgear By Motorcyclist Cannot Negate Right To Compensation: Karnataka High Court

Case Title: Sadat Ali Khan AND Noor Ahmed Sayyed & ANR

Case No: MISCELLANEOUS FIRST APPEAL NO.3459 OF 2021

Citation No: 2024 LiveLaw (Kar) 379

The Karnataka High Court has clarified that failure to wear protective headgear as required by Section 129(a) of the Motor Vehicles Act, though constitutes a contributory negligence, will not drastically affect the compensation awarded to a claimant who has suffered.

A division bench of Justice K Somashekhar and Justice Dr Chillakur Sumalatha said this while deciding an appeal filed by Sadath Ali Khan seeking enhancement of compensation awarded by the Motor Accident Claim Tribunal. The tribunal had awarded Rs 5,61,600 as compensation and in doing so considered that the claimant was found travelling without wearing a helmet and thereby violated the Notification issued by the Transport Authority under the provisions of Motor Vehicles Rules.