Karnataka High Court Weekly Roundup: May 27 - June 02, 2024

Citations: 2024 LiveLaw (Kar) 233 To 2024 LiveLaw (Kar) 242

Nominal Index:

M Govinda Bhat & ANR AND The Deputy Commissioner and District Magistrate and District Election Officer & others. 2024 LiveLaw (Kar) 233

Vasanthi AND Umesh G D. 2024 LiveLaw (Kar) 234

The Divisional Controller, KSRTC AND N N Mahadeva. 2024 LiveLaw (Kar) 235

Dr Sharanya Mohan & Others AND Union of India & others. 2024 LiveLaw (Kar) 236

Abdul Azeem AND State of Karnataka. 2024 LiveLaw (Kar) 237

T Bharathgowda AND State of Karnataka. 2024 LiveLaw (Kar) 238

The State of Karnataka & ANR AND Ramiah Reddy. 2024 LiveLaw (Kar) 239

Jnana Sarovar Educational Trust AND State of Karnataka & Others. 2024 LiveLaw (Kar) 240

D M Padmanabha & Others AND The State By Karnataka Lokayuktha & ANR. 2024 LiveLaw (Kar) 241

Muralidhara & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 242

Judgments/Orders

No Blanket Order Can Be Passed To Deposit Licensed Firearms Before Elections: Karnataka High Court Issues Guidelines

Case Title: M Govinda Bhat & ANR AND The Deputy Commissioner and District Magistrate and District Election Officer & others.

Case No: WRIT PETITION NO.9932 OF 2024 (GM-RES) C/W WRIT PETITION NO.9918 OF 2024 (GM-RES) WRIT PETITION NO.9925 OF 2024 (GM-RES) WRIT PETITION NO.9941 OF 2024 (GM-RES) WRIT PETITION NO.9959 OF 2024.

Citation No: 2024 LiveLaw (Kar) 233

The Karnataka High Court recently issued guidelines to be followed by authorities to ensure that orders are not passed demanding the deposit of firearms by licensed holders before Lok Sabha elections.

A single judge bench of Justice Sachin Shankar Magadum said “Since the authorities are consistently violating the guidelines issued by the Election Commission of India, this Court deems it fit to issue certain directions.”

Withdrawing Suit In Which Forged Documents Were Submitted Would Not Automatically Result In Quashing Of Criminal Proceedings: Karnataka High Court

Case Title: Vasanthi AND Umesh G D

Case No: CRIMINAL PETITION NO. 9791 OF 2017

Citation No: 2024 LiveLaw (Kar) 234

The Karnataka High Court recently held that withdrawal of the suit wherein forged documents were submitted would not automatically result in the quashing of the criminal proceedings lodged against the plaintiff by the respondent to the suit.

A single judge bench of Justice Suraj Govindaraj said “Merely because the suit was withdrawn would not take away the fact of forgery or use of forged documents against the respondent. This aspect would have to be dealt with by the trial Court and the necessary finding to be given in relation thereto.”

Past Conduct Of Workman Must Be Looked Into While Passing Order Of Dismissal: Karnataka High Court

Case Title: The Divisional Controller, KSRTC AND N N Mahadeva

Case No: WRIT PETITION NO. 55722 OF 2017

Citation No: 2024 LiveLaw (Kar) 235

The Karnataka High Court has set aside an order passed by the Labour Court directing the reinstatement of a conductor working with the Karnataka State Road Transport Corporation, who was charged and dismissed for non-issuing of tickets to passengers travelling on the bus.

A single judge bench of Justice Jyoti Mulimani allowed the appeal filed by the corporation and said “The disciplinary authority, while taking into consideration the findings of the inquiry officer and passing the order of penalty, is required to look into the past conduct of the workman. Needless to observe that Regulation 25 of the KSRTC (Conduct and Discipline) Regulations, 1971 also mandates to refer to the past conduct and history sheet of the workman.”

Karnataka High Court Waives Compulsory Rural Service For 447 Doctors As State Failed To Notify Amended Rules For Over 10 Yrs

Case Title: Dr Sharanya Mohan & Others AND Union of India & others

Case No: WRIT PETITION No.7435 OF 2021 (EDN – RES) C/W WRIT PETITION No.10079 OF 2021 (EDN – RES) WRIT PETITION No.10297 OF 2021 (EDN – RES) WRIT PETITION No.10374 OF 2021 (EDN – RES) WRIT PETITION No.10379 OF 2021 (EDN – RES) WRIT PETITION No.10381 OF 2021 (EDN – RES) WRIT PETITION No.10751 OF 2021 (EDN – RES) WRIT PETITION No.13569 OF 2021 (EDN – RES) WRIT PETITION No.2137 OF 2022 (EDN – RES)

Citation No: 2024 LiveLaw (Kar) 236

The Karnataka High Court has granted relief to 447 MBBS students from compulsory rural service for one year, as sought under the 2012 amendment of Rule 11 of Karnataka Selection of Candidates for Admission to Government seats in Professional Educational Institutions Rules 2006, as the amended rule was not gazetted for 10 years after it was finalised.

A single judge bench of Justice M Nagaprasanna partly allowed the petition filed by Sharanya Mohan and quashed the corrigendum dated 17-06-2021, only insofar as the petitioners are concerned.

It said “Only for these petitioners the action is held to be illegal in the teeth of the Rule not being in force as on the date on which it was sought to be implemented/imposed upon every student through execution of bonds.” However, it clarified that the law is no valid and students cannot escape from rural service.

State Govt's De-Nomination Of Chairman Of Minorities Commission Before Completion Of Fixed Term Not Arbitrary: Karnataka High Court

Case Title: Abdul Azeem AND State of Karnataka

Case No: WRIT PETITION No.17396 OF 2023

Citation No: 2024 LiveLaw (Kar) 237

The Karnataka High Court has dismissed a petition filed by Abdul Azeem, a former Chairman of the Karnataka State Minorities Commission, questioning the government decision cancelling the nomination of the petitioner as Chairman of the Commission.

A single judge bench of Justice M Nagaprasanna said “The petitioner is a nominee who is nominated under Section 4 of the Act. Section 4 itself indicates that it is at the pleasure of the State. It is exercised and he is denominated. Such de-nomination of a nominee cannot be questioned on the ground that it is arbitrary.”

Can't Deny Registration Of Property Which Is Purchased In Auction On The Ground That Income Tax Dues Are Pending Against Original Borrowers: Karnataka HC

Case Title: T Bharathgowda AND State of Karnataka

Case No: WRIT PETITION No.7872 OF 2024

Citation No: 2024 LiveLaw (Kar) 238

The Karnataka High Court has held that a Sub-Registrar cannot refuse to register a sale certificate issued by the bank to an auction purchaser of property on the ground that certain claims of the Income Tax Department are pending against the original loan borrowers.

A single judge bench of Justice M Nagaprasanna allowed a petition filed by T Bharathgowda and directed the Sub-Registrar to register the document brought before him by the petitioner forthwith, the moment a copy of this order is brought to his notice, without any delay.

Compensation Will Have To Be Paid If Money Belonging To Citizen Is Retained By State Entities: Karnataka High Court

Case Title: The State of Karnataka & ANR AND Ramiah Reddy

Case No: WRIT APPEAL NO. 1640 OF 2016

Citation No: 2024 LiveLaw (Kar) 239

The Karnataka High Court has said that money belonging to a citizen is his property, and if that is retained by the State entities it amounts to temporary acquisition of property for which as a matter of rule compensation has to be paid to the citizen.

A division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar said “Money belonging to a citizen is his property. If that is retained by the State entities falling under Article 12, that amounts to temporary acquisition of property for which as a matter of rule compensation has to be paid going by Article 300A jurisprudence as developed by the Apex Court, precedent by precedent.”

RTE Act Applicable Even To Residential Schools: Karnataka High Court Upholds Penalty Imposed On School For Not Complying With Provisions

Case Title: Jnana Sarovar Educational Trust AND State of Karnataka & Others

Case No: WRIT PETITION NO. 24579 OF 2021

Citation No: 2024 LiveLaw (Kar) 240

The Karnataka High Court has held that provisions of the Right of Children to Free and Compulsory Education Act, 2009 are applicable even to Residential schools.

A single judge bench of Justice Suraj Govindaraj dismissed the petition filed by Jnana Sarovar Educational Trust, which runs a residential school without any grant-in-aid offering the Indian School Certificate Examination (ISCE) syllabus, from 21.08.2009, challenging an order dated 23.11.2021 by which the authorities imposed a penalty of Rs 1,61,50,000, for non-compliance with the provisions of registration under the Act.

Preliminary Enquiry Not Mandatory If Source Report Makes Out Prima Facie Case Of Possessing Disproportionate Assets: Karnataka High Court

Case Title: D M Padmanabha & Others AND The State By Karnataka Lokayuktha & ANR

Case No: W.P.No.2413/2024

Citation No: 2024 LiveLaw (Kar) 241

The Karnataka High Court has reiterated that preliminary enquiry is not mandatory before registering a First Information Report on charges of possessing disproportionate assets to the known sources of income by a government servant if the source report makes out a prima facie case against the accused.

A single judge bench of Justice S Vishwajith Shetty dismissed a petition filed by D M Padmanabha a Panchayat Development Officer at Kundana Grama Panchayat, his wife and mother-in-law seeking to quash FIR registered against them for offences punishable under section 13(1) (b) R/w Section 13(2) and Section 12 of the Prevention of Corruption Act.

Karnataka High Court Allows Further Investigation In 10 Yr-Old Assault Case, Directs Re-Examination Of Medical Records & Calls For Additional Chargesheet

Case Title: Muralidhara & ANR AND State of Karnataka

Case No: Writ Petition No 17118 of 2022

Citation No: 2024 LiveLaw (Kar) 242

The Karnataka High Court has upheld a Sessions court order directing further investigation to be carried out by police in order to produce medical records of the victim who was physically assaulted by the accused instead of summoning them for the hospital.

A single judge bench of Justice K Natarajan dismissed a petition filed by accused Muralidhara and another who had questioned the sessions court order which had set aside the magistrate court and allowed the application filed by the prosecution under Section 173(8) of Cr.P.C. for further investigation in a case which was registered in the year 2013 and is at the fag end of the trial.