Karnataka High Court Weekly Round-Up: July 1 - July 7, 2024

Citations: 2024 LiveLaw (Kar) 291 To 2024 LiveLaw (Kar) 304

Nominal Index:

ABC AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 291

A Ramesh Babu & Others AND Dharani S. 2024 LiveLaw (Kar) 292

Justice B Padmaraj AND Union of India & ANR. 2024 LiveLaw (Kar) 293

G Devaraje Gowda AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 294

M/S POWER SMART MEDIA PVT LTD & ANR AND Union of India & ANR. 2024 LiveLaw (Kar) 295

The Joint Commissioner Of Commercial Taxes (Appeals)-3 Versus Transways India Transport. 2024 LiveLaw (Kar) 296

Admar Mutt Kaliya Mardana Krishna Devaru v Vishalakshmi & Others. 2024 LiveLaw (Kar) 297

C V Mahalingaiah & Others AND The State of Karnataka & Others. 2024 LiveLaw (Kar) 298

M/S Hitachi Energy India Limited Versus State Of Karnataka. 2024 LiveLaw (Kar) 299

ABC AND XYZ & Others. 2024 LiveLaw (Kar) 300

Bennett Coleman And Co Ltd & Others AND M/s Bid And Hammer Auctioneers Private Limited. 2024 LiveLaw (Kar) 301

ABC & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 302

Shyamal Mukherjee Vs Pricewaterhousecoopers Services LLP. 2024 LiveLaw (Kar) 303

GENERAL ATLANTIC SINGAPORE TL PTE LTD v. BYJU RAVEENDRAN. 2024 LiveLaw (Kar) 304

Judgments/Orders

[S.498A IPC] Karnataka HC Allows Husband To Initiate Criminal Proceedings Against Wife For Falsely Accusing Him Of Cruelty, Claiming He Had HPV

Case Title: ABC AND State of Karnataka & ANR

Case No: CRIMINAL PETITION No.1803 OF 2023

Citation No: 2024 LiveLaw (Kar) 291

The Karnataka High Court has granted liberty to a husband to initiate criminal proceedings for malicious prosecution, under Section 211 of the IPC (Falsely accuse others of committing an offence) against his estranged wife.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by a husband and quashed the criminal proceedings initiated against him by the wife under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The wife had claimed that the husband was suffering from Human Papilloma-Virus (HPV), which is a sexually transmitted disease (STD).

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Case Title: A Ramesh Babu & Others AND Dharani S

Case No: CRIMINAL PETITION No.3578 OF 2022

Citation No: 2024 LiveLaw (Kar) 292

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court.

However, if any particular order is passed on any application filed under Sections 18, 19, 20 or 22 of the Act, those specific orders are to be agitated before the Court of Sessions invoking Section 29 of the Act.

Retired High Court Judge Entitled To Leave Encashment When He Completes Tenure As Chairman Of Railway Claims Tribunal: Karnataka HC

Case Title: Justice B Padmaraj AND Union of India & ANR

Case No: WRIT PETITION NO.13125 OF 2012

Citation No: 2024 LiveLaw (Kar) 293

The Karnataka High Court has directed the Union of India to calculate and disburse the leave encashment amount due to a former Judge of the High Court, who on retiring was appointed as Chairman of the Railway Claims Tribunal and served in the position for over two years.

A Single judge bench of Justice Sachin Shankar Magadum partly allowed the petition filed by Justice B Padmaraj (retired) and said “This Court is of the opinion that the petitioner is entitled for grant of leave encashment in respect of the earned leave standing to his credit during his tenure as Chairman of the Railway Claims Tribunal.”

Karnataka High Court Grants Bail To Whistleblower Advocate G Devarajegowda In Alleged Rape Case

Case Title: G Devaraje Gowda AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 5449 OF 2024

Citation No: 2024 LiveLaw (Kar) 294

The Karnataka High Court on Monday granted bail to Advocate G Devarajegowda in a rape case registered against him at the Holenarasipura Police Station.

A single-judge bench of Justice M G Uma allowed the petition filed by the accused. Gowda is reported to be the whistle-blower of the alleged obscene video scandal involving former JD(S) MP Prajwal Revanna

Karnataka High Court Denies Relief To Kannada News Channel Power TV In Plea Challenging Restraint On Its Broadcast

Case Title: M/S POWER SMART MEDIA PVT LTD & ANR AND Union of India & ANR

Case NO: WA 949/2024 c/w WA 951/2024

Citation No: 2024 LiveLaw (Kar) 295

The Karnataka High Court has denied an appeal filed by M/s Power Smart Media Private Limited which operates Kannada news channel 'Power TV' challenging the interim order passed by a single judge bench, restraining it from broadcasting.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind had earlier heard the parties and reserved the order.

The Bench took into consideration that since 2021 there the channel is operating without a valid licence and several notices alleging violation have been issued to it, and said “Temporary prohibition of broadcast in light of the facts and situation and further in view that competent authorities are to try and deal with on merits the show cause notice could not be said to be violating the right of broadcast.”

Undervaluation Can't Lead To Seizure Of Goods In Transit By Inspecting Authority: Karnataka High Court

Case Title: The Joint Commissioner Of Commercial Taxes (Appeals)-3 Versus Transways India Transport

Case No.: Writ Appeal No. 854 Of 2022

Citation: 2024 LiveLaw (Kar) 296

The Karnataka High Court has held that undervaluation cannot be a ground for seizure of goods in transit by the inspecting authority.

The bench of Justice Krishna S. Dixit and Justice Ramachandra D. Huddar upheld the single bench order in which the obligation to pay tax and penalty has been quashed coupled with a direction to release the vehicle.

No Law Prohibits Alteration Of Travel Route In Transporting Goods: Karnataka High Court

Case Title: The Joint Commissioner of Commercial Taxes & ANR AND M/s Transways India Transport.

Case No: WRIT APPEAL NO. 854 OF 2022

Citation No: 2024 LiveLaw (Kar) 296

The Karnataka High Court has held that no law, rule or ruling mandates conveyance of goods from one point to its destination following a particular route only or prohibits alteration of travel route qua the one impressed in the consignment documents.

A division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar dismissed the appeal filed by the Joint Commissioner of Commercial Taxes and said “What is required by law is the furnishing of consignment documents and specified particulars of consignor, consignee, goods, route maps & destinations. Requirement of furnishing particulars of route map, etc., is one thing, compulsive adherence to the impressed route is another. There is law with regard to the former, is true; but latter is non liquet i.e., an area where there is no binding rule.”

Karnataka High Court Clarifies Written Statement Requirement For Application Under Order 7 Rule 11 CPC

Case Title: Admar Mutt Kaliya Mardana Krishna Devaru v Vishalakshmi & Others

Case No: CIVIL REVISION PETITION NO.12 OF 2024

Citation No: 2024 LiveLaw (Kar) 297

The Karnataka High Court has held that a written statement is not required to be filed by a defendant in a suit to contend that the court fee paid by the plaintiff is not proper and that the defendant's application under Rule 11 of Order VII of the Code of Civil Procedure, seeking rejection of suit, cannot be dismissed on that ground.

A single judge bench of Justice Suraj Govindaraj allowed the petition Shri Admar Mutt Kaliya Mardana Krishna Devaru and said “The filing of a written statement is not a condition precedent for considering an application under Rule 11 of Order VII.”

Parliamentary Elections Justifiable Reasons For Delay In Holding Elections To Board Of Milk Producers Society: Karnataka High Court

Case Title: C V Mahalingaiah & Others AND The State of Karnataka & Others

Case No: WRIT APPEAL NO. 280 OF 2024

Citation No: 2024 LiveLaw (Kar) 298

The Karnataka High Court has observed that delay in conducting elections to the Board of Tumkur Co-operative Milk Producers Societies, due to conduct of Parliamentary Elections (Lok Sabha), is justified.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind made the observation while disposing of an appeal filed by incumbent President of the Milk Society, challenging a single bench order which had disposed of their plea seeking direction to the Co-operative Election Commissioner to conduct elections to the Society.

GST Appeal Filed Online Is Within Time, Karnataka High Court Condones Delay In Physical Filing

Case Title: M/S Hitachi Energy India Limited Versus State Of Karnataka

Case No.: Writ Petition No. 14881 Of 2024 (T-Res)

Citation: 2024 LiveLaw (Kar) 299

The Karnataka High Court has condoned delay in the physical filing of the appeal as the appeal was filed via online mode within time.

The bench of Justice S. Sunil Dutt Yadav observed that Rule 108(3) was amended to the extent that the date of appeal would be the date of issuance of acknowledgment, which was on June 3, 2022, and the change is in contradistinction to the earlier requirement, which provided that the date of appeal would be the date of furnishing a certified copy of the order if submitted after seven days. If that were to be so, the date of physical filing of the certified copy ought not to have been taken note of.

Application By Woman Under Domestic Violence Act Can't Be Dismissed By Trial Court Without Issuing Notice, Carrying Out Inquiry: Karnataka HC

Case Title: ABC AND XYZ & Others

Case No: CRIMINAL PETITION NO. 4710 OF 2024

Citation No: 2024 LiveLaw (Kar) 300

The Karnataka High Court has said that an application made by a woman under provisions of the Protection of Women from Domestic Violence Act, 2005, cannot be dismissed by the trial court without issuing notice to the respondents or carrying out an enquiry.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by a woman and set aside the order dated 18-03-2024, passed by the trial which had on going through the application dismissed it by observing that the case does not project any domestic violence.

Karnataka High Court Declines To Quash Case Against TOI Editorial Director Jaideep Bose For Allegedly Defamatory Article On Auction Of Artwork

Case Title: Bennett Coleman And Co Ltd & Others AND M/s Bid And Hammer Auctioneers Private Limited.

Case No: CRIMINAL PETITION NO. 3829 OF 2017

Citation No: 2024 LiveLaw (Kar) 301

The Karnataka High Court has refused to quash a defamation case registered against Jaideep Bose, Editorial Director of Bennett Coleman and Co Ltd, which publishes the newspaper Times of India.

A single-judge bench of Justice N S Sanjay Gowda, however, quashed the proceedings initiated under Sections 499 and 500 of the Indian Penal Code against the company.

Karnataka HC Quashes Father's Criminal Intimidation Case Against Daughters After They Undertake To Not Cause Any 'Breach Of Peace' Where He Resides

Case Title: ABC & ANR AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 4308 OF 2017

Citation No: 2024 LiveLaw (Kar) 302

The Karnataka High Court has quashed a case of criminal intimidation registered against two daughters by their father after they undertook before the court that they would not do any such act which would constitute an offence against their father.

A single judge bench of Justice N S Sanjay Gowda allowed the petition filed by the daughters and quashed the proceedings initiated by their father under sections 506, 504, 448 r/w Section 34 of the Indian Penal Code.

Arbitrator Involved In Another Dispute Between Same Parties Is Not Automatically Disqualified: Karnataka High Court

Case Title: Mr. Shyamal Mukherjee Vs Pricewaterhousecoopers Services LLP

Case Number: CIVIL MISCELLEANEOUS PETITION NO.96 OF 2024

Citation No: 2024 LiveLaw (Kar) 303

The Karnataka High Court bench of Justice R. Devdas has held that prior involvement as an arbitrator in a dispute or multiple appointments by one of the parties or its affiliate does not automatically disqualify an individual from serving as an arbitrator in subsequent cases. The crucial factor lies in the arbitrator's ability to demonstrate independence and impartiality in past proceedings.

Therefore, the bench dismissed the contention that an arbitrator engaged in a dispute concerning a party and an affiliate of another party is ineligible for appointment.

Karnataka High Court Restricts Byju's Share Allotment Till NCLT Decision On Rights Issue

Case Title: GENERAL ATLANTIC SINGAPORE TL PTE LTD v. BYJU RAVEENDRAN

Case No: WRIT APPEAL NO. 969 OF 2024 A/W WRIT APPEAL NO. 972 OF 2024

Citation No: 2024 LiveLaw (Kar) 304

The Karnataka High Court on Friday restrained edutech company Byju's, MD Byju Raveendrana and parent company Think and Learn Private Limited from making allotment of shares till the proceedings against it pending before the National Company Tribunal is decided.

Byju's investors had approached the NCLT to restrain the company from launching second rights issue, fearing it will dilute their holding.

The Tribunal had in its interim order restrained the company from allotting the shares. The interim order was challenged before the High Court, which set aside the NCLT order as being non-speaking and cryptic.