Karnataka High Court Weekly Round-Up [September 30 To October 09, 2024]

Citations: 2024 LiveLaw (Kar) 419 To 2024 LiveLaw (Kar) 427

Nominal Index:

ABC AND XYZ. 2024 LiveLaw (Kar) 419

ABC AND Internal Complaints Committee & Others. 2024 LiveLaw (Kar) 420

Arafath Ali @ Arafath AND National Investigation Agency. 2024 LiveLaw (Kar) 421

Sanjana Raghunath AND Karnataka Examination Authority & Others. 2024 LiveLaw (Kar) 422

Roshan A AND Union of India & Others. 2024 LiveLaw (Kar) 423

Vishwanath Koraga Shetty AND State of Karnataka. 2024 LiveLaw (Kar) 424

Reserve Bank of India & ANR AND Sanjukumar & ANR. 2024 LiveLaw (Kar) 425

M/S Patanjali Foods Limited (Formerly Ruchi Soya Industries Limted) vs. Commissioner of Customs. 2024 LiveLaw (kar) 426

Kesar Colour Chem Industries vs. Intelligence Officer. 2024 LiveLaw (Kar) 427

Judgments/Orders

Courts Can Stay Divorce Proceedings Instituted By Husband Until He Pays Arrears Of Maintenance To Wife: Karnataka High Court

Case Title: ABC AND XYZ

Case No: WRIT PETITION NO. 11721 OF 2020

Citation No: 2024 LiveLaw (Kar) 419

The Karnataka High Court has recently held that courts can stay the divorce proceedings instituted by the husband until he pays arrears of maintenance amount to the wife as ordered by the court.

The observations were made, while the high court allowed a petition filed by an estranged wife and set aside the order of the trial court which had dismissed her application seeking stay on the divorce proceedings initiated by the husband for non payment of the arrears of interim maintenance.

A single judge bench of Justice Lalitha Kanneganti in its order said, "This court is coming across several cases where the husband will not pay the maintenance as ordered by the court and which attains finality but he insists for proceeding with the main case...In these pending matrimonial matters, when the order is passed for maintenance pendentilite, the party who is contesting the matter cannot tell the opposite party that I will proceed with the case and you can go before the executing court for recovery of money".

Karnataka HC Directs OLA Cabs To Pay Rs 5 Lakh Compensation To Woman Allegedly Harassed By Their Driver, Hold Inquiry Under POSH Act

Case Title: ABC AND Internal Complaints Committee & Others

Case No: WP 8127/2019

Citation: 2024 LiveLaw (Kar) 420

The Karnataka High Court today directed ANI technologies, which owns and operates OLA Cabs, to pay a sum of Rs 5 lakh towards compensation to a woman who allegedly faced sexual harassment at the hands of their driver, during a trip in 2019.

A single judge bench of Justice M G S Kamal also directed the Internal Complaints Committee of the company to hold an inquiry into the complaint in accordance with provisions of the Sexual Harassment of Woman At Workplace (Prevention, Prohibition and Redressal) Act, 2013 [POSH Act]. The process is to be completed within 90 days and a report is to be submitted to the District Officer.

Individual Not Greater Than Country, Personal Liberty Subservient To National Interest: Karnataka HC Denies Bail To Alleged ISIS Operative

Case Title: Arafath Ali @ Arafath AND National Investigation Agency

Case No: CRIMINAL APPEAL NO. 704 OF 2024

Citation No: 2024 LiveLaw (Kar) 421

The Karnataka High Court has observed that whenever national interest is involved or a challenge is posed to unity, sovereignty and integrity of the nation, individual liberty recedes to background, as an individual is not greater than the Nation where he has taken birth.

A division bench of Justice Sreenivas Harish Kumar and Justice J M Khazi made the observation while rejecting the bail petition filed by accused Arafath Ali @ Arafath, who is charged under provisions of the Unlawful Activities (Prevention) Act and IPC, for allegedly radicalising the youth and promoting the ideology of Islamic State (ISIS).

Pay ₹10 Lakh To MBBS Student Who Was Denied Sports Quota Seat Despite Representing India Abroad In Chess Tournament: Karnataka HC To State

Case Title: Sanjana Raghunath AND Karnataka Examination Authority & Others

Case No: WRIT PETITION No.18327 of 2023

Citation No: 2024 LiveLaw (Kar) 422

The Karnataka High Court has directed the state government to pay Rs 10 lakhs as compensation to an MBBS student and chess player, who was wrongly denied a seat under sports quota even though she had represented India abroad in Chess Competitions, compelling her to take admission in a private college on a private seat.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind while disposing of a petition by one Sanjana Raghunath in its order said, “The participation of the petitioner in Asian Youth Chess Championship 2018 is while representing India. Further, the winning in Asian Youth Chess Championship 2018 is in a Super-A game under Schedule–II to Rule 2006. The petitioner is therefore declared to be eligible to be categorised as P-I, and the categorization of the petitioner as P-V was wrong in view of the Rules and the same is unsustainable.”

Terrorist Activities Are Perpetrated By Fanatics To Achieve Religious Supremacy, Must Blame Themselves If They Get Into Trouble: Karnataka HC

Case Title: Roshan A AND Union of India & Others

Case No: WRIT PETITION NO. 7897 OF 2023

Citation No: 2024 LiveLaw (Kar) 423

The Karnataka High Court refused to interfere with the decision of the Central Government to hand over the investigation in the alleged murder case of one Harsha at Shivamogga, to the National Investigation Agency (NIA).

A division bench of Justice Sreenivas Harish Kumar and Justice J M Khazi, dismissed the petition filed by one Roshan A who is an accused in the case. The court said, “If according to the petitioner, the sanction order was issued without applying mind or is invalid for any other reason, the same has to be thrashed out by the trial court after recording evidence.”

Karnataka HC Quashes Murder Case Against Accused To Save Judicial Time After Witnesses Turned Hostile In Separate Trial Against Co-Accused

Case Title: Vishwanath Koraga Shetty AND State of Karnataka

Case No: CRIMINAL PETITION NO. 9746 OF 2024

Citation No: 2024 LiveLaw (Kar) 424

The Karnataka High Court has quashed a murder case against an accused after the co-accused in the case who were tried while the accused was absconding, came to be acquitted by the trial court.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Vishwanath Koraga Shetty and quashed the proceedings pending against him for the offences punishable under Sections 143, 147, 148, 504, 120B, 302, 201 r/w Section 149 of IPC and Sections 3 and 25 of the Indian Arms Act.

Adhere To 2017 Notification On Production Of Demonitized Currency, So It Can Be Exchanged As Legal Tender: Karnataka HC To Trial Courts

Case Title: Reserve Bank of India & ANR AND Sanjukumar & ANR

Case No: WA 200185 OF 2024

Citation No: 2024 LiveLaw (Kar) 425

The Karnataka High Court has asked trial courts, before whom demonetized banknotes have been produced by investigating agencies on or before December 30, 2016, to follow the procedure for releasing the notes mentioned in Centre's 2017 notification, so that concerned persons can exchange it for legal tender.

A division bench of Justice S Sunil Dutt Yadav and Justice Ramachandra D Huddar in its order said “Unless there is adherence to the requirements of the notification strictly, parties to the litigation would be prejudiced irreparably without any lapse on their part. Accordingly, the investigating agencies and the Courts are to adhere to the requirements of the notification dated 12.05.2017 strictly.”

Ruchi Soya (Patanjali) – Claim Not Included In Approved Resolution Plan Stand Extinguished : Karnataka High Court

Case Title: M/S Patanjali Foods Limited (Formerly Ruchi Soya Industries Limted) vs. Commissioner of Customs

Case No.: CSTA No. 4 of 2024

Citation No: 2024 LiveLaw (kar) 426

The Karnataka High Court division bench comprising Mr. Justice S.G. Pandit and Mr. Justice C.M. Poonacha has held that once a resolution plan is approved by the Adjudicating Authority under Section 31(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), claims which are not included in the resolution plan are extinguished, and no further proceedings can be initiated against the corporate debtor in respect of such claims. The Court also clarified that Rule 22 of the Customs, Excise and Service Tax Appellate Tribunal (Procedure) Rules, 1982, which deals with abatement of appeal upon death, adjudication as insolvent or winding-up, does not apply when a resolution plan has been approved as the objective of a resolution plan is to continue the business of the company as “a going concern.”

Recovery By Department During Pendency Of Investigation In The Name Of 'Self-Ascertainment Of Tax' U/S 74 CGST Act Is Violative To Art 265: Karnataka High Court

Case Title: Kesar Colour Chem Industries vs. Intelligence Officer

Case Number: Writ Petition No. 17853 of 2021

Citation No: 2024 LiveLaw (Kar) 427

The Karnataka High Court held that voluntary determination by the assessee himself as regards the liability of tax, is sine qua non for 'self-ascertainment of tax' under CGST Act.

The High Court therefore clarified that when notice sought to be issued u/s 74(1) indicate a fresh and complete adjudication and does not refer to short fall of actual tax required to be paid as contemplated u/s 74(7), the State itself is estopped from contending that there was self-ascertainment by the assessee.