Karnataka High Court Weekly Round-Up: June 24 - June 30, 2024

G Nagaraju AND The Assistant Registrar of Cooperative Societies & Others. 2024 LiveLaw (Kar) 277

Paras Jain AND Karnataka State Bar Council & ANR. 2024 LiveLaw (Kar) 278

Karnataka Food And Civil Supplies Corporation Limited & Others AND Veena M. 2024 LiveLaw (Kar) 279

S R Bellary & State of Karnataka & Others. 2024 LiveLaw (Kar) 280

G. Ramesh. v. The Karnataka State Seeds Corporation Ltd. 2024 LiveLaw (Kar) 281

Dhanashree Ravindra Pandit AND The Income Tax Department. 2024 LiveLaw (Kar) 282

Manikanta @ Puli AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 283

Mathikere Jayaram Shantharam AND Pramod C. 2024 LiveLaw (Kar) 284

M R Nagarajan AND The Syndicate Bank & Others. 2024 LiveLaw (Kar) 285

Aravinda Reddy AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 286

WORKMEN OF BEML LTD & Others AND Union of India & ANR. 2024 LiveLaw (Kar) 287

Smt. Sowmya S. Versus ITO. 2024 LiveLaw (Kar) 288

Centre for Wildlife Studies AND Union of India & Others. 2024 LiveLaw (Kar) 289

Gurunath Vadde AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 290

Judgments/Orders

S.29-C Karnataka Co-Operative Societies Act | No Ground To Interfere With Disqualification Of Director Who Failed To Repay Loan: High Court

Case Title: G Nagaraju AND The Assistant Registrar of Cooperative Societies & Others

Case No: WRIT PETITION NO. 13892 OF 2020

Citation No: 2024 LiveLaw (Kar) 277

The Karnataka High Court has upheld the order passed by the authorities disqualifying the Director of Janagere Primary Agricultural Credit Co-operative Society Ltd on the grounds that the petitioner was a defaulter not having cleared his loan dues to the Society as on the relevant date when he was elected.

A single judge bench of Justice S Sunil Dutt Yadav dismissed the petition filed by G Nagaraju and said “The clearing of dues only on 01.06.2020 after the petitioner was elected makes out a case for disqualification.”

Karnataka High Court: Allegations of Professional Misconduct Against Advocate Invalid if Not Filed By Client

Case Title: Paras Jain AND Karnataka State Bar Council & ANR

Case No: WRIT PETITION No.20076 OF 2023

Citation No: 2024 LiveLaw (Kar) 278

The Karnataka High Court has quashed a notice issued by the State Bar Council to a 71-year-old Advocate pursuant to 'professional misconduct' allegations levelled against him by the opposite party in a suit, i.e. the judgment debtor.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Advocate Paras Jain, and said, “The complainant (A Ramachandra Reddy) had no locus to file the complaint against the petitioner, as he (petitioner) was neither his (complainant's) Advocate nor there was any engagement of the petitioner by the 2nd respondent at any point in time. He was the counsel who had appeared against the 2nd respondent. The complaint, at best, was maintainable by the decree holders, if there was any allegation against the petitioner and not at the instance of Judgment Debtor.”

Political Influence By Public Servants In Transfer And Posting May Be Sole Ground For Denial Of Relief By Constitutional Court: Karnataka HC

Case Title: Karnataka Food And Civil Supplies Corporation Limited & Others AND Veena M

Case No: WRIT APPEAL NO. 1534 OF 2016

Citation No: 2024 LiveLaw (Kar) 279

The Karnataka High Court has deprecated the act of public servants causing political influence in a matter of their transfer and postings and said it may constitute a sole ground for declining relief.

A Division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar allowed the appeal filed by Karnataka Food and Civil Supplies Corporation Limited and set aside a single judge bench order which had directed reinstatement of Veena M in service without back wages & consequential benefits, although continuity of service was granted for the limited purpose of retirement accruals.

Karnataka High Court Upholds Govt Resolution Suspending Quarrying Leases Falling Within 1 Km Of Kappathgudda Wildlife Sanctuary

Case Title: S R Bellary & State of Karnataka & Others

Case No: WRIT PETITION NOS.25653/2022 C/W 25654/2022, 25655/2022, 25660/2022, 25680/2022, 12221/2023, 12229/2023, 17716/2023 AND 17912/2023

Citation No: 2024 LiveLaw (Kar) 280

The Karnataka High Court has upheld a government resolution dated 29th September 2022 which suspend fourteen quarry leases located within one kilometre boundary of Kappathgudda Wildlife Sanctuary.

A division bench of Chief Justice N V Anjaria and Justice Krishna S Dixit dismissed the petition filed by SR Bellary and others against the resolution passed by District Task Force Committee (Mines), Gadag District.

It said,“The Kappatgudda Wildlife Sanctuary is a notified Sanctuary and the distance of one kilometre has to be observed, treating it as a prohibited area in which mining activities cannot be allowed. It is also to be noted that the preservation of one kilometre from the protected area is irrespective of the eco-sensitive zone Notification.”

Karnataka HC:Absence Without Leave Constitutes Misconduct in Industrial Employment

Case: Shri G. Ramesh. v. The Karnataka State Seeds Corporation Ltd.

Case No. W.P. (C). No. 36199/2014

Citation: 2024 LiveLaw (Kar) 281

A single judge bench of the Karnataka High Court comprising of Justice Jyoti Mulimani while deciding a writ petition in the case of Shri G. Ramesh. v. The Karnataka State Seeds Corporation Ltd. has held that absence without leave constitutes misconduct in industrial employment and justifies disciplinary punishment.

Karnataka HC:Black Money Act Can't Apply Retrospectively for Foreign Asset Disclosure

Case Title: Dhanashree Ravindra Pandit AND The Income Tax Department

Case No: CRIMINAL PETITION No.101368 OF 2019 C/W CRIMINAL PETITION No.101369 OF 2019 CRIMINAL PETITION No.101370 OF 2019 CRIMINAL PETITION No.101371 OF 2019 CRIMINAL PETITION No.101372 OF 2019 CRIMINAL PETITION No.101373 OF 2019 CRIMINAL PETITION No.101374 OF 2019 CRIMINAL PETITION No.101375 OF 2019

Citation No: 2024 LiveLaw (Kar) 282

The Karnataka High Court has quashed criminal prosecution initiated under Section 50 of the Black Money (Undisclosed Foreign Income and Assets) Imposition of Tax Act, 2015, against several businessmen who were charged for violations alleged to have been committed years before the Act came into force.

The provision penalises assessee's failure to furnish any information of an asset located outside India, including financial interest.

Karnataka HC: Minor Rape Victim's Birth Date in School Register Valid if Headmaster Testifies

Case Title: Manikanta @ Puli AND State of Karnataka & ANR

Case No: CRIMINAL APPEAL NO.1247 OF 2018

Citation No: 2024 LiveLaw (Kar) 283

The Karnataka High Court has held that entries made in school register indicating the birth date of a ward cannot be disbelieved and it is admissible evidence if the details are proved by examining the school headmaster as witness.

A division bench of Justice Sreenivas Harish Kumar and Justice C M Joshi made the observation while partly allowing the appeal filed accused Manikanta @ Pulli who was sentenced to life imprisonment for the offence under sections 376(2)(i)(n), 506 of IPC and Section 5(j)(ii)(l) r/w Sec.6 of Protection of Children From Sexual Offences Act.

Criminal Proceedings Should Be Restored Against Those Who Don't Adhere To Settlement In Cheque Dishonour Cases: Karnataka High Court

Case Title: Mathikere Jayaram Shantharam AND Pramod C

Case No: CRIMINAL PETITION No.2998 OF 2023

Citation No: 2024 LiveLaw (Kar) 284

The Karnataka High Court has observed that criminal proceedings should be restored if an accused does not adhere to settlement arrived at between parties in a case registered under Section 138 of the Negotiable Instruments Act, with an intention only to dodge the issue after settlement.

A single judge bench of Justice M Nagaprasanna dismissed a petition filed by one Mathikere Jayaram Shantharam questioning the order of the Magistrate court dated 17-01-2023, which issued a fine levy warrant and notice for attachment of personal properties of the accused.

Mitigating Factors Like Long Service, Promotions To Be Considered While Imposing Punishment On Delinquent Employee: Karnataka High Court

Case Title: M R Nagarajan AND The Syndicate Bank & Others

Case No: WRIT APPEAL NO. 1337 OF 2015

Citation No: 2024 LiveLaw (Kar) 285

The Karnataka High Court has said that punishment upon a delinquent employee should be commensurate with the gravity of guilt and while awarding punishment, factors like the long and spotless service rendered by the delinquent, the number and nature of promotions earned by him till initiation of disciplinary proceedings, the encomia awarded to him, the shortness of the period remaining for superannuation, etc. be considered.

Criminal Trial Is Voyage To Truth, Conviction Not The Objective: Karnataka HC Allows Murder Accused To Show Media Interviews At Trial To Confront Witness

Case Title: Aravinda Reddy AND State of Karnataka & ANR

Case No: CRIMINAL PETITION No.12056 OF 2022

Citation No: 2024 LiveLaw (Kar) 286

The Karnataka High Court has set aside an order passed by the trial court rejecting an application filed by a murder accused seeking permission to confront PW-1 (Complainant) by playing video footage recorded by the media in the presence of the Police Officers of witnesses when the deceased was brought to the government hospital after the incident.

A single judge bench of Justice M Nagaprasanna while allowing the petition filed by Aravinda Reddy said “The order of the concerned Court holding that it would not be a previous statement and the DVD/DVR/video footage cannot be permitted to be played, is rendered unsustainable. If it leads to discovery of truth and the discovery of truth leads to innocence of the accused, it should be permitted to come on record.”

Karnataka High Court Temporarily Stays BEML's Group-C Recruitment Notification Over Contractual Workers Seeking Regularisation Of Employment

Case Title: WORKMEN OF BEML LTD & Others AND Union of India & ANR

Case No: WRIT PETITION No.573/2024

Citation No: 2024 LiveLaw (Kar) 287

The Karnataka High Court has kept in abeyance a recruitment notification issued by the Bharat Earth Movers Limited (BEML) dated 27.09.2023 calling for recruitment to the Group-C position.

A single judge bench of Justice K S Hemalekha said “This Court feels it appropriate in the peculiar facts and circumstances to keep the impugned notification (dated 27-09-2023) in abeyance for a period of one month from today.”

Assessment Order Passed Against Dead Person Is Nullity: Karnataka High Court

Case Title: Smt. Sowmya S. Versus ITO

Case No.: Writ Petition No. 25728 Of 2023 (T-IT)

Citation No: 2024 LiveLaw (Kar) 288

The Karnataka High Court, while quashing the assessment order, held that the assessment order under Section 147 read with Section 144 of the Income Tax Act amounts to nullity.

The bench of Justice S. Sunil Dutt Yadav has observed that when the assessee dies during the pendency of the proceedings, proceedings are to be continued through the legal representatives of the deceased.

Reasonable Opportunity To Be Heard Before Cancelling FCRA Registration Not Restricted To Issuing Show-Cause Notice, Includes Personal Hearing: Karnataka HC

Case Title: Centre for Wildlife Studies AND Union of India & Others

Case No: WRIT PETITION No.27301 OF 2023

Citation No: 2024 LiveLaw (Kar) 289

The Karnataka High Court has set aside an order passed by the Union Ministry of Home Affairs cancelling the certificate of registration issued under the Foreign Contribution (Regulation) Act, 2010, to a trust Centre for Wildlife Studies, on the grounds that no personal hearing was granted to the trust before passing the order.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by the trust whose Chief functionary is Ullas Karanth, grandson of novelist Dr. K Shivarama Karanth and set aside the order dated 04-09-2023.

It said “Principles of natural justice, is trite cannot be stretched to unlimited extent. But, it is equally trite that when consequences thereof are grave, it should be complied with in its entirety even stretching in a little further. Therefore, the words depicted in the Act 'reasonable opportunity of being heard' cannot be restricted to issuance of a show cause notice but a personal hearing in the peculiar facts of the case owing to the peculiarity of sub-section (3) of Section 14 of the Act must have been afforded to the petitioner.”

No Universal Formula For Using One Language In Govt Affairs: Karnataka HC Dismisses Plea Seeking Mandatory Usage Of Kannada In Govt Correspondence

Case Title: Gurunath Vadde AND State of Karnataka & ANR

Case No: WP 4962/2024

Citation No: 2024 LiveLaw (Kar) 290

The Karnataka High Court on Friday refused to entertain a public interest litigation seeking a direction on the government for government correspondence at all levels to be done in the Kannada language.

A division bench of Chief Justice NV Anjaria and Justice KV Aravinda said “While the Kannada language which is the local language in the state has to be promoted and to be given importance, that itself will not justify entertaining the present public interest litigation, by directing the government and its officials to use Kannada language.”