Karnataka High Court Weekly Roundup: July 22 - July 28, 2024

Citations: 2024 LiveLaw (Kar) 326 To 2024 LiveLaw (Kar) 337

Nominal Index:

State of Karnataka & Others AND Umadevi Hundekar. 2024 LiveLaw (Kar) 326

ABC AND State of Karnataka. 2024 LiveLaw (Kar) 327

Dhariyappagouda Patil AND State of Karnataka & Others. 2024 LiveLaw (Kar) 328

Zaheda Inamdhar AND Dr Fatima Hassina Sayyedha. 2024 LiveLaw (Kar) 329

Canara Bank AND Commissioner of Customs & Others. 2024 LiveLaw (Kar) 330

Dr. Amrithalakshmi R AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 331

Thanmay U AND State of Karnataka & ANR. 2024 Live Law (Kar) 332

Dr. Sabeel Ahmed @ Motu Doctor AND National Investigating Agency. 2024 LiveLaw (Kar) 333

Dhananje Gowda & Others AND State of Karnataka. 2024 LiveLaw (Kar) 334

Shahrukh Ayub Khan & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 335

Dhanush B N & Others AND Karnataka State Law University & Others. 2024 LiveLaw (Kar) 336

Siri Srikanth AND The Karnataka Examination Authority & Others. 2024 LiveLaw (Kar) 337

Judgments/Orders

Teachers Above 50 Yrs Age Exempted From Transfer: Karnataka HC Upholds Tribunal Order Setting Aside Transfer Of Surplus Teachers

Case Title: State of Karnataka & Others AND Umadevi HundekarCase No: WRIT PETITION NO. 102121 OF 2024 (S-KAT) C/W WRIT PETITION NO. 102119 OF 2024

Citation No: 2024 LiveLaw (Kar) 326

The Karnataka High Court has observed that whenever a beneficial provision is incorporated in a statute, it has to be given effect in favour of the beneficiaries by authorities irrespective of whether the beneficiary has made an application in that regard or not.

A division bench of Chief Justice N V Anjaria and Justice S G Pandit made the observation while dismissing petitions filed by the State Government questioning the order passed by Karnataka State Administrative Tribunal (KSAT) setting aside the transfer order passed against Umadevi Hundekar (55) and Prabhavati Ronad (58), as they were found to be surplus teachers.

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Case Title: ABC AND State of Karnataka

Case No: CRL.P 4658/2024

Citation No: 2024 LiveLaw (Kar) 327

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child.

A single judge bench of Justice M Nagaprasanna quashed the proceedings initiated under sections 376(2)(n), 506 of IPC and Sections 5(L), 5(J)(II), 6 of Protection of Children from Sexual Offences Act, 2012 against the accused.

'Act Within Bounds Of Legal Authority': Karnataka HC Imposes 25K Cost On Asst Commissioner Of Senior Citizens Tribunal For Entertaining Frivolous Plea

Case Title: Dhariyappagouda Patil AND State of Karnataka & Others

Case No: WRIT PETITION NO. 101705 OF 2024

Citation No: 2024 LiveLaw (Kar) 328

The Karnataka High Court has imposed a cost of Rs 25,000 on an Assistant Commissioner of the Maintenance and Welfare of Senior Citizen Protection Tribunal, for exceeding his jurisdiction, entertaining a frivolous application under Section 23 of the Senior Citizens Act and nullifying a sale deed entered into by parties.

A single-judge bench of Justice Sachin Shankar Magadum, directed the Assistant Commissioner of Savanur Sub-Division to pay the cost with the Advocate Clerks Welfare Fund, High Court of Karnataka, Dharwad.

[Negotiable Instruments Act] Evidence Of Accused Cannot Be Tendered By Way Of Affidavit: Karnataka High Court

Case Title: Zaheda Inamdhar AND Dr Fatima Hassina Sayyedha

Case No: WRIT PETITION No.3519 OF 2024

Citation No: 2024 LiveLaw (Kar) 329

The Karnataka High Court has held that an accused has no right to tender his evidence by way of an affidavit in a proceedings initiated against him under the Negotiable Instruments Act.

A Single judge bench of Justice M Nagaprasanna allowed the petition filed by the complainant Zaheeda Inamdhar and set aside an order of the trial court permitting the filing of an affidavit by the accused Dr Fatima Hassina Sayeedha and rejecting Inamdhar's application filed under Section 311 of CrPC to cross-examine the accused.

Recovery Of Debt Of Bank Under SARFAESI Act Prevails Over Debts Under FEMA: Karnataka High Court

Case Title: Canara Bank AND Commissioner of Customs & Others

Case No: WRIT PETITION NO. 10895 OF 2023

Citation No: 2024 LiveLaw (Kar) 330

The Karnataka High Court recently held that provisions of the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act (SARFAESI) will override the provisions of the Foreign Exchange Management Act,(FEMA) which is a subsequent enactment, the debt of a secured creditor–Bank, would have priority and prevail over all other debts.

A single judge bench of Justice S R Krishna Kumar held thus while allowing the petition filed by Canara Bank and directed the Assistant Director of Enforcement Directorate to release a property which was mortgaged to the Bank by one Iqbal Ahmed. ED had seized the property under the provisions of the FEMA and passed the impugned order dated 31.03.2022 directing the seizure of the scheduled property and other properties of Ahmed.

Karnataka High Court Dismisses Plea Challenging ₹2 Price Hike On Nandini Milk Variants

Case Title: Dr. Amrithalakshmi R AND State of Karnataka & ANR

Case No: WP 18596/2024

Citation No: 2024 LiveLaw (Kar) 331

The Karnataka High Court has dismissed a Public Interest Litigation, questioning the price increase across all variants of Nandini Milk by Rs 2, which came into effect on June 26.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by Dr Amrithalakshmi R and said “Pricing policy is essential in the policy domain and judicial power would not be generally exercised unless shown decision is palpably wrong. What price is to be fixed and determined for products including milk is to be guided by a host of considerations which are commercial in nature. The commercial wisdom of R2 (KMF) in taking a decision to raise price, will not be a consideration before this court in public interest jurisdiction.”

Karnataka High Court Dismisses Appeal Challenging State Govt's Decision To Expunge 50 Out-Of-Syllabus Questions From KCET-2024

Case Title: Thanmay U AND State of Karnataka & ANR

Case No: WA 1070/2024

Citation No: 2024 Live Law (Kar) 332

The Karnataka High Court on Wednesday dismissed an appeal challenging a single judge bench order which refused to look into the validity of the State government's decision to set up a committee to examine 'out of syllabus' questions asked in the Karnataka CET 2024 exams, held in April and its finding to exclude 50 questions which were out of syllabus.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the appeal filed by 18-year-old, Thanmay U. A detailed order would be made available later.

Karnataka High Court Refuses To Discharge Alleged LeT Operative Booked For Conspiring To Kill Hindu Leaders, Govt Officials

Case Title: Dr. Sabeel Ahmed @ Motu Doctor AND National Investigating Agency

Case No: WRIT PETITION NO. 20806 OF 2023

Citation No: 2024 LiveLaw (Kar) 333

The Karnataka High Court has refused to discharge an alleged member of the banned terrorist organisation Lashkar-e-Taiba (LeT), who was charged for conspiring to kill Hindu leaders and government officials in 2012.

A division bench of Justice Sreenivas Harish Kumar and Justice JM Khazi dismissed the petition filed by Dr. Sabeel Ahmed @ Motu Doctor, who challenged the Sessions court order, rejecting his application for discharge which was filed on the ground that he was acquitted in a similar case tried by a court in Delhi.

Karnataka High Court Flags Rampant Instances Of Persons Inducing Pregnant Women To Illegally Abort Female Foetuses At Medical Centres

Case Title: Dhananje Gowda & Others AND State of Karnataka

Case No: CRIMINAL PETITION NO. 6091 OF 2024 C/W CRIMINAL PETITION NO. 5099 OF 2024

Citation No: 2024 LiveLaw (Kar) 334

The Karnataka High Court has observed that instances of persons inducing pregnant ladies to undergo scanning and to abort the female foetus at various medical centres are very rampant in various parts of the state, especially Mysuru and Mandya districts.

A single judge bench Justice M G Uma observed thus while dismissing the anticipatory bail application filed by Dhananje Gowda and two others, who are charged for offences punishable under Sections 312, 314, 315, 316 of the Indian Penal Code and Section 4 of the Medical Termination of Pregnancy Act, on the complaint filed by the District Health and Welfare officer.

Mandatory To Get Magistrate's Certification On Seized Contraband Before Sending It To FSL For Analysis: Karnataka High Court

Case Title: Shahrukh Ayub Khan & ANR AND State of KarnatakaCase No: CRIMINAL APPEAL NO. 200230 OF 2023 (374) C/W CRIMINAL APPEAL NO. 200147 OF 2023

Citation No: 2024 LiveLaw (Kar) 335

The Karnataka High Court has said that it is mandatory for authorities to prepare an inventory of seized contraband material and get it certified before the jurisdictional Magistrate before sending it to the Forensic Science Laboratory, for chemical examination.

A single judge bench of Justice S Vishwajith Shetty allowed the appeal filed by two accused Shahrukh Khan and another and acquitted the accused who were charged under sections 20(b)(ii), 20(B) and 20(C) of the Narcotic Drugs and Psychotropic Substances Act.

Karnataka High Court Declines Law Students' Plea Challenging Debarment From Writing Ninth-Semester Exams Due To Attendance Shortage

Case Title: Dhanush B N & Others AND Karnataka State Law University & Others

Case No: WRIT PETITION NO. 14591 OF 2024 (EDN-RES) C/W WRIT PETITION NO. 17235 OF 2024

Citation No: 2024 LiveLaw (Kar) 336

The Karnataka High Court has rejected petitions filed by 9th-semester law students seeking directions on the Karnataka State Law University to permit them to write their examinations, which they were not allowed to do since they did not meet the required attendance criteria.

A single judge bench of Justice S Sunil Dutt Yadav dismissed the petitions filed by Dhanush B N and others.

The students are pursuing a Five Year (Semester Scheme) LL.B. Course and had contended that they were promoted to 5th year and attended the classes for the 9th Semester, but they were not permitted to write the examination due to their attendance being below the required 70%.

"Illegally Denied" Sports Quota Admission In 2022-23, Karnataka High Court Directs Authorities To Admit Medical Student This Year

Case Title: Siri Srikanth AND The Karnataka Examination Authority & Others

Case No: WRIT PETITION No.24645 OF 2023

Citation No: 2024 LiveLaw (Kar) 337

The Karnataka High Court has come to the aid of a student who was illegally denied admission to MBBS course in the academic year 2022-23, against sports quota. The court has directed authorities to admit her to the course this year.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind allowed the petition filed by Siri Srikanth and said “The respondent authorities are directed to admit the petitioner to the MBBS course on a seat in the quota reserved for sports for the academic year 2024-25 without applying any seniority among the candidates eligible for admission under the Sports Quota in the CET/NEET Examination conducted for the academic year 2024-25.”