Karnataka High Court Weekly Roundup: January 3 To January 8, 2022

Case Title: The National Federation Of The Blind, Karnataka v. State Of Karnataka Case No: WP 52201/2019

The Karnataka High Court directed the State government to carry out a survey to ascertain the number of blind students who are studying in government and private schools and are in need of braille textbooks.

2: Karnataka High Court Directs Govt To Immediately Start Construction Of Organ Transplantation Institute In Bengaluru

Case Title: Dr. R. Chandrashekara v. State Of Karnataka Case No: WP 2147/2017 Citation: 2022 LiveLaw (Kar) 2

The Karnataka High Court on Tuesday directed the State Government to immediately start construction of Gastroenterology Science & Organ Transplantation Institute in Bengaluru and complete the same in a time bound manner. It will be the first hospital only for organ transplant in the country.

A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj dismissed a petition filed by Dr. R. Chandrashekara and Dr. B. Rudrappa, pending which the construction of the hospital had been put on hold.

3: JLR Is State Owned Company, Not Required To Obtain Permission Of Central Govt For Construction Within Reserve Forest: Karnataka High Court

Case Title: PS Mohan v. State Of Karnataka Case No: WP 22567/2016 Citation: 2022 LiveLaw (Kar)1

The Karnataka High Court said that no permission of the Central Government was required to construct lodges/ resorts within the reserve forest area at Dubare in Kodagu district as the concerned company- Jungle Lodges and Resorts Limited- is owned and controlled by the Karnataka Tourism Development Corporation.

4: Will Complete Investigation In Case Related To Google Play Store Payments Policy Within 60-Days: CCI Informs Karnataka High Court

Case Title: Google India Private Limited v. Competition Commission Of India Case No: WP 24277/2021

The Karnataka High Court was on Wednesday informed by the Competition Commission of India (CCI) that it will complete its investigation in the case related to Google Play store payments policy 2020, within 60-days. Additional Solicitor General N Venkatraman said, "Yesterday, CCI heard an application filed by DG Investigation and he has given an assurance that he will complete the investigation in 60 days."

5: 'No Prohibition On Ordering DNA Test In Deserving Cases,Does Not Amount To Self-Incrimination Under Article 20(3)': Karnataka High Court

Case Title: Malappa @Malingaraya v. State of Karnataka Case No: WP 201162/2021

The Karnataka High Court has dismissed a petition filed by a rape accused seeking to quash the DNA report which confirmed him to be the biological father of a child born to the victim of sexual assault. Justice HP Sandesh dismissed the petition filed by accused Mallapa @Malingarya. The Court said, "It is clear that ordering for DNA itself should not be as a matter of routine but wherein deserving cases, the Court can direct for DNA test and there is no prohibition for ordering DNA test and the same is subject to each facts and circumstances of the case."

6: 'Adverse Possession' Of Property vs 'Permissive Possession':Karnataka High Court Explains

Case Title: Chepudira Madaiah v. Mallengada Chengappa Case No: R.F.A.No.1840 of 2005 Citation: 2022 LiveLaw (Kar) 5

The Karnataka High Court has said a person will not acquire adverse possession by simply remaining in permissive possession, for however long it may be. Dr. Justice HB Prabhakara Sastry said, "Article 65 of the Limitation Act presupposes that the limitation starts only if the defendants prove the factum of adverse possession affirmatively from a particular time."

7: Section 427 CrPC -Sentence Of Escaped Life Convict Will Not Run Concurrently : Karnataka High Court

Case Title: Bandenawaj v. The State Of Karnataka Citation: 2022 LiveLaw (Kar) 6 Case No: Crl.Rp.No.200077/2021

The Karnataka High Court has said that a life convict on being sentenced for escaping from prison on grant of parole leave, cannot claim that his subsequent sentence, less severe in nature, runs concurrently with the prison term he was undergoing. The Court held that an escaped convict cannot seek the benefit of Section 427(2) CrPC, which says that the subsequent sentence of a person already undergoing imprisonment will run concurrently.

8: Frivolous Cases Against Azim Premji: Karnataka HC Reserves Order In Contempt Case Against Advocates Of 'India  Awake For Transparency'

Case Title: Hasham Investment And Trading Company Private Limited v. India Awake For Transparency Pvt Ltd Case No: CRL.CCC 9/2021

The Karnataka High Court on Friday reserved its order in the suo-motu criminal contempt case initiated against Advocate R Subrmanian and P Sadanand, who represented India Awake For Transparency in the multiple petitions filed on the same cause of action against Wipro founder Azim Premji.

9: Enforcement Directorate May Probe PMLA Cases Throughout India, Including J&K: Karnataka High Court

Case No: Writ Petition No.20092 of 2021 Date Of Order: 3rd Day of January, 2022 Citation: 2022 LiveLaw (Kar) 3

The Karnataka High Court has said that the Enforcement Directorate can probe a case under the provisions of Prevention of Money Laundering Act, throughout India, including the Union Territory of Jammu and Kashmir. Justice Krishna S Dixit said, "Sub-section (2) of section 1 of the (PML) Act reads "It extends to the whole of India. Thus, keeping the RPC (Ranbir Penal Code) offences away from the Act would offend the very parliamentary intent of extending this Act "to the whole of India."

COVID:

1: Rising Covid Cases: Karnataka HC Issues Notification On Functioning Of Trial Courts In Bengaluru District

In view of large number of Covid-19 positive cases reported everyday in Bengaluru, the functioning of the all the District and Trial Courts of Bengaluru Urban and Bengaluru Rural District Courts (functioning in City Civil Court Complex and Mayo Hall Court Complex) will be restricted from January 5, till further orders.

2: Covid Third Wave: Karnataka HC Issues Revised SOP; Principal Bench At Bengaluru To Function In Virtual Mode Till Jan 14

As per a revised standard operating procedure (SOP) issued by the Karnataka High Court, all cases at the Principal Bench at Bengaluru, will be heard through Virtual Mode till January 14. While at the benches in Dharwad and Kalaburagi, all the cases shall be heard by hybrid mode. The SOP is issued in view of the rising number of cases of Omicron variant of COVID-19. It states that parties-in-person shall appear only through online mode and their physical appearance is not permitted.