Karnataka High Court Monthly Digest: February 2023

M Prakash And M Vinayaka & ANR. 2023 LiveLaw (Kar) 37

Ameena Afroj And State of Karnataka & others. 2023 LiveLaw (Kar) 38

Shesha Krishna And Krishn Hegde. 2023 LiveLaw (Kar) 39

Akshata Chougala & Others And State of Karnataka & Others. 2023 LiveLaw (Kar) 40

CH K.S.Prasad @ K S Prasad And State of Karnataka & ANR. 2023 LiveLaw (Kar) 41

ABC And XYZ. 2023 LiveLaw (Kar) 42

Cheluvaraju And Information Commissioner, Central Information Commission & Others. 2023 LiveLaw (Kar) 43

Somanna & Others And Prakash. 2023 LiveLaw (Kar) 44

Hemanthkumar N And State of Karnataka & ANR. 2023 LiveLaw (Kar) 45

Syadul Akhon @Shahid Ahmad And State of Karnataka. 2023 LiveLaw (Kar) 46

Jana Jagruthi Samithi & ANR And State of Karnataka. 2023 LiveLaw (Kar) 47

SRINIVAS.S And STATE OF KARNATAKA. 2023 LiveLaw (Kar) 48

Kyathappa S & others v. The Secretary & others. 2023 LiveLaw (Kar) 49

Pratibha Singh And Vineet Kumar. 2023 LiveLaw (Kar) 50

Santhosh Kumar H And A Keshava Bhat & Others. 2023 LiveLaw (Kar) 51

High Court of Karnataka And K S Anil. 2023 LiveLaw (Kar) 52

M/s Premier Sales Promotion Pvt Ltd versus Union of India & Ors. 2023 LiveLaw (Kar) 53

PUNARVASU @ VASU And INDRANI S. 2023 LiveLaw (kar) 54

M V Guruprasad & ANR And State of Karnataka. 2023 LiveLaw (Kar) 55

G And State of Karnataka. 2023 LiveLaw (Kar) 56

Shadaksharappa And Kumari Vijayalaxmi. 2023 LiveLaw (Kar) 57

M.B.Jayadevaiah And The Managing Director, BMTC Central Offices & ANR.. 2023 LiveLaw (Kar) 58

M/s Hindustan Medical Products And State of Karnataka. 2023 LiveLaw (Kar) 59

Jayamma And Jayamma @ Nagamma. 2023 LiveLaw (Kar) 60

Sharan Desai v. State of Karnataka & Others. 2023 LiveLaw (Kar) 61

Ramachandra & ANR And State Of Karnataka. 2023 LiveLaw (Kar) 62

Sikandar Mohammad Ali Dalal & ANR And Babu Hanumanth Mindolkar & Others. 2023 LiveLaw (Kar) 63

National Law School of India University And Manjula P R & others. 2023 LiveLaw (Kar) 64

Director of Income Tax Versus IBM India. 2023 LiveLaw (Kar) 65

A.B. Yomakeshappa And Karnataka State Information Commission & Others. 2023 LiveLaw (Kar) 66

Indian Coffee Workers Cooperative Society Limited And The Senior Labour Inspector & Others. 2023 LiveLaw (Kar) 67

Nagamma And State of Karnataka. 2023 LiveLaw (kar) 68

K J Kunjumon & others And State of Karnataka & Others. 2023 LiveLaw (kar) 69

Patil Malligemadu Chandrashekhar & others And State of Karnataka & Others. 2023 LiveLaw (Kar) 70

Vuppalapti Satish Kumar And VTH Source Components Pvt Ltd. 2023 LiveLaw (Kar) 71

H.Nagabhushana Rao And The Under Secretary FFR Division & Others. 2023 LiveLaw (Kar) 72

Siddalingappa S T And Karnataka State Human Rights Commission. 2023 LiveLaw (Kar) 73

Arunkumar N. T And Deputy Commissioner of Police & others. 2023 LiveLaw (Kar) 74

Times Now BCCL And Bhojaraj R Patil. 2023 LiveLaw (Kar) 75

H C Nandish & ANR And The Ministry of Indian Railways & Others. 2023 LiveLaw (Kar) 76

Sachin And State of Karnataka. 2023 LiveLaw (Kar) 77

Cohiba Club And Deputy Commissioner & Others. 2023 LiveLaw (Kar) 78

N Hanumegowda And State of Karnataka. 2023 LiveLaw (Kar) 79

Ramachandra Reddy & ANR And State of Karnataka. 2023 LiveLaw (Kar) 80

Aithappa Naika And State of Karnataka. 2023 LiveLaw (Kar) 81

XYZ And Karnataka State Commission for the Protection of Child Rights & ANR. 2023 LiveLaw (Kar) 82

DR. K.N.Anuradha And Karnataka State Information Commission & Others. 2023 LiveLaw (Kar) 83

The Mysore Electrical Industries Limited And Engineering & General Workers Union. 2023 LiveLaw (Kar) 84

Judgments/Orders

Karnataka High Court Directs DGP To Hold Departmental Enquiry Against Police Officer For Inordinate Delay In Registering FIR Even After Magistrate's Order

Case Title: M Prakash And M Vinayaka & ANR

Case No: WRIT PETITION NO. 20269 OF 2022

Citation: 2023 LiveLaw (Kar) 37

The Karnataka High Court has directed the Director General and Inspector General of Police to hold a departmental enquiry against police inspector Praveen K.Y of the Cottonpet Police station, for failure to comply with the order passed by the Magistrate court directing registration of First Information Report on a private complaint of theft.

Justice M Nagaprasanna said lawful orders passed by the judicial authority are required to be scrupulously enforced by the police and failure to do so constitutes a constitutional tort arising out of breach of a fundamental right of access to justice for victims of crime. "Such breach amounts to serious misconduct and gross dereliction of duty justifying imposition of major penalty. Such gross dereliction of official duty by the Law Enforcement Agencies cannot be countenanced," the court said.

Administrative Tribunal Can Decide Disputes Regarding Classification Of Candidate's Category During Recruitment Process: Karnataka High Court

Case Title: Ameena Afroj And State of Karnataka & others

Case No: W.P.No.200032/2023

Citation; 2023 LiveLaw (Kar) 38

The Karnataka High Court has clarified that the Administrative Tribunal constituted under the Administrative Tribunals Act 1985, has the jurisdiction to consider all matters 'concerning recruitment' which includes all decisions from the date of publication of notification inviting applications for the government job posts to the orders of appointment.

A single judge bench Justice Anant Ramanath Hegde sitting at Kalaburagi bench gave the clarification while disposing of a petition filed by one Ameena Afroj, who had questioned the jurisdiction of the Tribunal in adjudicating over the challenge made by her to the decision of the Deputy Director of Public Instructions, classifying the petitioner as a General Merit candidate instead of under the category 2-B/KA-HK for selection to the post of a government school teacher.

Karnataka High Court Refuses To Quash Defamation Case Against News Reader, Says She Acted On Behalf Of Channel & Allegations Can't Be Bifurcated

Case Title: Shesha Krishna And Krishn Hegde

Case No: CRIMINAL PETITION NO.6027 OF 2022

Citation: 2023 LiveLaw (Kar) 39

The Karnataka High Court has refused to quash a defamation case registered against a news reader of Kannada news channel. A single judge bench of Justice K Natarajan dismissed the petition filed by Shesha Krishna who works for BTV News, refusing to accept one of the contention raised by her that she is only the news reader.

The bench said, “The allegation made against the accused persons cannot be bifurcated as the petitioner is the newsreader, acted on behalf of the accused Nos.1 (owner of channel) and 2 (reporter) which (news) was telecasted by the accused 1 and 2. Therefore, without petitioner-accused No.3, the proceedings against accused Nos.1 and 2 cannot be sustainable. Therefore, the petitioner is also required to face trial.”

Consider Applications Of Married Women For Primary Teacher Posts On Basis Of Caste & Income Certificates Of Parents, Not Spouses: Karnataka High Court

Case Title: Akshata Chougala & Others And State of Karnataka & Others.

Case No: WRIT PETITION NO. 23752 OF 2022

Citation: 2023 LiveLaw (kar) 40

The Karnataka High Court has granted relief to hundreds of applicants to the post of Graduate Primary Teachers who were placed in the General merit category by the State government as they had submitted the caste and income certificate of parents instead of the certificates of their spouse.

A single judge bench of Justice M Nagaprasanna allowed a batch of petitions and quashed the provisional select list insofar as it relates to the petitioners being brought under the general merit category.

Employer Cannot "Lure" Employee By Provident Fund As It Is Statutory Deduction, Offence Of Cheating Not Attracted Upon Non-Remittance: Karnataka HC

Case Title: CH K.S.Prasad @ K S Prasad And State of Karnataka & ANR

Case No: CRIMINAL PETITION No.195 OF 2020

Citation: 2023 LiveLaw (Kar) 41

The Karnataka High Court has said that contribution towards provident fund by an employee is a statutory deduction and non remittance of it by the employer in the employee’s account maintained with the Provident Fund Organisation, cannot attract the offence of cheating.

A single judge bench of Justice M Nagaprasanna made this observation while allowing a petition filed by one CH K.S.Prasad and quashing the offences registered against him under sections 409 and 420 of the Indian Penal Code.

'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father

Case Title: ABC And XYZ

Case No: M.F.A.NO.2786/2022

Citation: 2023 LiveLaw (Kar) 42

The Karnataka High Court recently upheld a family court order which directed the mother of a seven years old girl child to hand over the custody to child's father, after observing that she herself was more attentive towards her illicit relationship at work rather than welfare of her child.

A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty dismissed the appeal filed by the woman and observed, "If the issue regarding the relationship of the appellant with the said S (name redacted) juxtaposition the welfare of the child is considered, it appears that the appellant has given more importance to the illicit relationship of hers with the said S (name redacted) and has neglected the child...she had handed over custody of the child to her parents who were residing at Panchakul in Chandigarh while she continued to stay at Bengaluru with S (name redacted)."

Asking High Court To Set Aside Affidavit Filed By Opposite Party Before Another Forum ‘Preposterous’: Karnataka HC

Case Title: Cheluvaraju And Information Commissioner, Central Information Commission & Others

Case No: WRIT PETITION NO. 16575 OF 2022

Citation: 2023 LiveLaw (Kar) 43

The Karnataka High Court has termed as ‘preposterous’ a petition filed by one Cheluvraju seeking to declare an affidavit filed by the Government of India before the Central Information Commission in his application, as bad in law.

The petitioner had filed an application under the Right to Information Act before the Commission seeking certain information. Following the affidavit filed by the Ministry of Housing and Urban Affairs the application made by the petitioner came to be dismissed.

Disobeying Court's Orders And Alienating Property For Paying Debts Not Ground To Seek Pardon In Contempt Proceedings: Karnataka High Court

Case Title: Somanna & Others And Prakash

Case No: C.C.C. No.846/2017

Citation: 2023 LiveLaw (Kar) 44

The Karnataka High Court has convicted one Prakash for civil contempt and sentenced him to three months simple imprisonment with a fine of Rs 2,000 for wilfully disobeying court orders and alienating a property which the court had restrained him from doing so.

The court has also given the accused an option to avoid imprisonment by depositing the entire sale consideration amount received by him in alienating the property which is pending consideration of the appeal, within two months, which would be subject to the result of the said appeal or in default to undergo simple imprisonment for a further period of one month.

To Err Is Human: Karnataka HC Grants Relief To SC Category Candidate Who Wrongly Submitted KPSC Job Application Under ST Category

Case Title: Hemanthkumar N And State of Karnataka & ANR

Case No: WRIT PETITION NO. 24847 OF 2022

Citation: 2023 LiveLaw (Kar) 45

The Karnataka High Court has directed the Karnataka Public Service Commision to rectify the error made by a job applicant who had wrongly filled the application form under the Scheduled Tribe category instead of Scheduled Caste to which he belongs and regulate the provisional/final select list in accordance with his merit.

A single judge bench of Justice M Nagaprasanna while allowing the petition filed by one Hemanthkumar N, turned down the contention of the respondents that the order would open Pandora’s box and become a precedent. It said, “If this order opens up Pandora’s box; so be it, if it becomes a precedent; so be that. This Court would not turn a deaf ear to a cry of a Scheduled Caste candidate who has scored high marks, despite the trials and tribulations throughout that they face to lose the opportunity of getting selected for trivial reasons.”

Karnataka High Court Rejects Bail Application Of Scrap Shop Owner Accused Of Staying Illegally In India For 20 Years

Case Title: Syadul Akhon @Shahid Ahmad And State of Karnataka

Case No: CRIMINAL PETITION NO. 252 OF 2023

Citation: 2023 LiveLaw (Kar) 46

The Karnataka High Court has rejected a bail application filed by a 42-year-old, who is alleged to have been living illegally in India for the last 20 years. According to the police, he is a Bangladesh citizen.

A single judge bench of Justice M G Uma, while refusing bail to Syadul Akhon @Shahid Ahmad, said: “It is alleged that he (petitioner) concocted the several ID Cards to project that he is an Indian Citizen. The allegation is of serious nature having serious consequences, such acts may prove to be a great threat to the Nation.”

Karnataka HC Dismisses Motivated PIL Against Excess Private Ownership Of Agricultural Land, Says Purity Of Means Relevant For Achieving Noble Ends

Case Title: Jana Jagruthi Samithi & ANR And State of Karnataka.

Case No: WRIT PETITION NO. 36109 OF 2019

Citation: 2023 LiveLaw (Kar) 47

The Karnataka High Court has dismissed a public interest litigation filed by one Jana Jagruthi Samithi and others seeking a directions to the State Authority, to see that certain private persons are not holding excess land beyond permissible limit and that such excess land be distributed among landless persons.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi on going through the records said “The petition is nothing but a clear misuse of a tool of public interest litigation for settling the personal score or targeting the respondents on a personal grudge.”

Karnataka High Court Refuses To Release RTI Activist's Seized Mobile Until He Unlocks It For Investigation

Case Title: SRINIVAS.S And STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 10518 OF 2022

Citation: 2023 LiveLaw (Kar) 48

The Karnataka High Court has refused to release the mobile phone of a RTI activist, seized by the Police during investigation of a criminal case against him, citing his refusal to unlock the device for the purpose of investigation.

The petitioner allegedly videographed the proceedings of Mysore Urban Development Authority in his phone and later prevented discharging official duties of the MUDA commissioner. During investigation, the Police seized his mobile to retrieve the alleged video and send it for forensic examination. However, as per the prosecution, the petitioner did not cooperate in the investigation and flatly refused to unlock the device.

Karnataka High Court Dismisses PIL Challenging Isha Yoga Centre's Construction Activities Near Nandi Hills

Case Title: Kyathappa S & others v. The Secretary & others

Case No: 312/2023

Citation: 2023 LiveLaw (Kar) 49.

The Karnataka High Court on Thursday dismissed a public interest litigation which alleged that construction of Isha Yoga Centre is allegedly causing environmental degradation and defacing entire ecosystem in the Foothills of Nandi Hills and Narasimha Devaru Range (Betta) NDB. The plea had alleged that permission have been granted by the authorities in utter violation of environmental laws.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi dismissed the petition and said the reasons would be recorded separately.

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act

Case Title: Pratibha Singh And Vineet Kumar.

Case No: WRIT PETITION No.21852 OF 2022

Citation: 2023 LiveLaw (Kar) 50

The Karnataka High Court has issued directions to trial courts to follow a timeline, in deciding applications filed by estranged women seeking maintenance from their respective husbands under section 24 of the Hindu Marriage Act.

A single judge bench of Justice M Nagaprasanna felt the requirement to issue the directions noting that “Proviso to Section 24 directs that an application filed under Section 24 seeking maintenance should be disposed of as far as possible within 60 days. The term “as far as possible” is being interpreted that the Court can pass orders even after six months in some cases, two years, three years or even four years after filing the application.”

Karnataka HC Refuses To Quash Proceedings Against Lawyer Accused Of Making Defamatory Allegations Against Complainant In Written Statement

Case Title: Santhosh Kumar H And A Keshava Bhat & Others.

Case No: CRIMINAL PETITION NO.4359 OF 2022 CONNECTED WITH CRIMINAL PETITION NO.4451 OF 2022

Citation: 2023 LiveLaw (Kar) 51

The Karnataka High Court has refused to quash a defamation complaint against an advocate, who is accused of filing a written statement with "objectionable statements against the complainant" before the Upalokayukta on behalf of his clients. The complainant is also a lawyer.

Justice K Natarajan rejected the contention of the accused - Advocate Santhosh Kumar M, that there is no criminal intention to defame the complainant or that he only acted in a good faith to protecting his client. The bench said: “The averments made by the accused or defamatory statement made by the accused will not fall under the exception of the section 499 of IPC as the statement made by the accused No.3 (Advocate) cannot be said to be in a good faith while conducting the trial or proceedings.”

A Week After Sending Him To Jail, Karnataka High Court Orders Release Of Advocate In Contempt Case

Case Title: High Court of Karnataka And K S Anil

Case No: Criminal CC 9 of 2019 C/w Criminal CC 13 of 2022

Citation: 2023 LiveLaw (Kar) 52

The Karnataka High Court on Friday accepted the unconditional apology tendered by an advocate who was last week sent to judicial custody for contempt of court.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi said: “ By accepting the apology, the contempt proceedings are closed. Respondent accused be released forthwith.”

No GST Applicable On Supply Of Vouchers: Karnataka High Court

Case Title: M/s Premier Sales Promotion Pvt Ltd versus Union of India & Ors.

Case No: WRIT PETITION NO. 5569 OF 2022

Citation: 2023 LiveLaw (Kar) 53

The Karnataka High Court has ruled that vouchers do not fall under the category of goods and services and therefore, the issue and supply of vouchers would not attract GST.

The bench of Justices P.S. Dinesh Kumar and T.G. Shivashankare Gowda remarked that vouchers, including Gift Vouchers and Cash Back Vouchers, are mere instruments accepted as consideration for supply of goods or services, which have no inherent value of their own.

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court

Case Title: PUNARVASU @ VASU And INDRANI S

Case No: WRIT PETITION NO. 20737 OF 2021

Citation: 2023 LiveLaw (kar) 54

The Karnataka High Court has made it clear that an able bodied man has to take care of his wife and child even, by finding an avocation, if he has none.

A single judge bench of Justice M Nagaprasanna made this observation while rejecting a petition filed by a husband questioning the order of the family court granting his estranged wife and child maintenance amount of Rs 10,000 per month under Section 125 CrPC.

Govt Can't Act As A Robber, Taking Away Private Land Without Compensation Militates Against Constitutional Guarantees: Karnataka High Court

Case Title: M V Guruprasad & ANR And State of Karnataka

Case No: WRIT PETITION NO. 61426 OF 2016

Citation: 2023 LiveLaw (Kar) 55

The Karnataka High Court has expressed deep anguish over the actions of Karnataka Industrial Areas Development Board (KIADB) and its officials who for almost 15 years failed to pay compensation to landowners whose properties were acquired for public purpose in 2007.

Justice Krishna S Dixit, while partly allowing the petition filed by one M V Guruprasad, said, “The government cannot act as a robber of citizen’s lands.” “Taking away private lands for the purported public purpose sans compensation militates against the spirit of constitutional guarantee enacted u/a 300A, the fundamental right to property no longer being on the statute book, notwithstanding,” it added

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made

Case Title: G And State of Karnataka

Case No: CRIMINAL PETITION NO. 104244 OF 2022

Citation: 2023 LiveLaw (Kar) 56

The Karnataka High Court has quashed a criminal case where "omnibus allegations" of physical and mental harassment were made by a woman against her sister-in-law.

A single judge bench of Justice Mohammad Nawaz allowed the petition filed by a woman who was chargesheeted along with other accused under sections 498-A, 323, 504 read with Section 149 IPC. The court said, “In the statements of the mother and brothers of the complainant, there are no specific and distinct allegations made against the petitioner.”

Order 26 Rule 9 CPC | Karnataka HC Issues Guidelines For Appointment Of Local Commissioners, Timely Filing Of Inspection Reports

Case Title: Shadaksharappa And Kumari Vijayalaxmi

Case No: W.P.NO.201274/2022

Citation: 2023 LiveLaw (Kar) 57

The Karnataka High Court has issued broad guidelines for trial courts to follow in appointing Court Commissioners exercising power under Order XXVI Rules 9 and 10 of the Code of Civil Procedure and also to adhere to a timeline in receiving reports of the Commissioner.

A single judge bench of Justice Anant Ramanath Hegde sitting at Kalaburagi, said “The report under Order XXVI of the Code, in an appropriate case, is an effective tool available to the court and the party to the proceeding. The party to the proceeding, may use this tool for proving his/her case and the court to unravel the mystery surrounding the case.”

Order XXVI Rule 9 CPC | Application For Appointment Of Local Commissioner Can Be Made Even Before Commencement Of Trial: Karnataka HC

Case Title: Shadaksharappa And Kumari Vijayalaxmi

Case No: W.P.NO.201274/2022

Citation: 2023 LiveLaw (Kar) 57

The Karnataka High Court has made it clear that an application made for appointment of a Commissioner for local inspection under provision Order XXVI Rule 9 of the Code of Civil Procedure, can be made either before the commencement of the trial or after.

A single judge bench of Justice Anant Ramanath Hegde said “The provision is not ‘stage’ centric. Thus the provision can be invoked either before the commencement of the trial or after.”

No Adverse Impact On Pay Of Govt Employee Whose Cadre Is Downgraded Due To 40% Disability Sustained During Employment: Karnataka HC

Case Title: M.B.Jayadevaiah And The Managing Director, BMTC Central Offices & ANR.

Case No: WRIT PETITION NO. 31943 OF 2014

Citation: 2023 LiveLaw (Kar) 58

The Karnataka High Court has said that in the event an employee suffers from disability of 40% or more while performing duty, as a matter of right such an employee would be entitled for benefit of downgrading of cadre in order to continue service without any adverse impact on the pay and other benefits.

A single judge bench of Justice Suraj Govindaraj gave this clarification while allowing a petition filed by a one M.B.Jayadevaiah and quashed the general order issued by Bengaluru Metropolitan Transport Corporation (BMTC) and directed it to restore pay of the petitioner applicable to the post of driver which the petitioner was drawing before his cadre was downgraded in the year 2002 and pay him arrears of salary and extend all other consequential benefits.

Spurious Drug Case: Karnataka High Court Says Firm Partner’s Defence Of Non-Involvement In Manufacture Of Drugs Can Be Considered Only In Trial

Case Title: M/s Hindustan Medical Products And State of Karnataka

Case No: CRIMINAL PETITION NO.6743 OF 2020

Citation: 2023 LiveLaw (Kar) 59

The Karnataka High Court has refused to quash proceedings initiated under provisions of the Drugs and Cosmetics Act against a firm and its partners for allegedly supplying drugs of sub-standard quality.

Justice K Natarajan refused relief to M/s Hindustan Medical Products and its partner Pawan Kumar Loharuka, who had contended that he is only partner and he is not responsible and liable for prosecution. It is only the technical staff who are responsible for the manufacture of drugs, he had argued.

Validly Signed Blank Cheque Towards Some Dues Would Attract Presumption In Favour Of Payee U/S 139 NI Act: Karnataka High Court

Case Title: Jayamma And Jayamma @ Nagamma

Case No: CRIMINAL REVISION PETITION NO.6 OF 2014

Citation: 2023 LiveLaw (Kar) 60

The Karnataka High Court has said that even if a blank cheque leaf, validly signed, is handed over by accused, which is towards some payment, it would attract presumption under Section 139 of the Negotiable Instruments Act, in absence of any cogent evidence to show that the cheque was not issued in discharge of a debt.

A single judge bench of Justice Ramachandra D Huddar observed this while upholding the conviction handed down to accused Jayamma under section 138 of the Act, by the trial court and which was confirmed by the first appellate court.

Notify Criteria For Nomination Of Members From Each State To Council Of Architecture: Karnataka High Court To Centre

Case Title: Sharan Desai v. State of Karnataka & Others

Case No: WRIT PETITION No.16114 OF 2021

Citation: 2023 LiveLaw (Kar) 61

The Karnataka High Court has suggested the Union of India to expeditiously take steps to notify certain criteria for nomination of Members from each state to Council of Architecture of India, qua their qualification and experience.

A single judge bench of Justice M Nagaprasanna said till the compliance is made by “The State Government shall notify the criteria for nominations/selections of the member to Council for the ensuing vacancy.”

Bank Managers Can't Be Prosecuted For Acting On Mandate Of Locker Holder To Change Joint Access: Karnataka High Court

Case Title: Ramachandra & ANR And State Of Karnataka

Case No: CRIMINAL PETITION No.201596/2022

Citation: 2023 LiveLaw (Kar) 62

The Karnataka High Court has quashed the criminal proceedings initiated against two Bank managers for changing the access of a locker, purportedly on the application of one of the joint holders. A single judge bench of Justice V Srishananda said that no intention of criminality can be attributed to Bank managers for merely acting on the mandate of the customer.

Execution Proceedings Cannot Be Stayed If Challenge To Decree & Execution Not Before Same Court: Karnataka High Court

Case Title: Sikandar Mohammad Ali Dalal & ANR And Babu Hanumanth Mindolkar & Others.

Case No: WRIT PETITION NO. 103071/2017

Citation: 2023 LiveLaw (Kar) 63

The Karnataka High Court has said that a court can exercise powers under Order 21 Rule 29 of the Code of Civil Procedure and pass order of staying the execution proceedings only if the suit challenging the decree and execution proceedings referred are pending before the same court and not before two different courts which are not of coordinate jurisdiction.

A single judge bench of Justice S R Krishna Kumar sitting at Dharwad bench also clarified that the provision would apply only if the suit is instituted prior to institution of the execution proceedings and in the event the execution proceedings have already been instituted, mere institution of suit subsequently and its pendency cannot be made the basis to invoke Order 21 Rule 29 CPC.

Karnataka HC Sets Aside Single Bench Direction For Repeat Test Of NLSIU Student Alleging Technical Glitch In Online MBL Exam

Case Title: National Law School of India University And Manjula P R & others

Case No: WRIT APPEAL NO. 1080 OF 2022

Citation: 2023 LiveLaw (Kar) 64

The Karnataka High Court has set aside an order passed by a single judge bench of the court directing the National Law School of India University, (NLSIU) to conduct re-examination in the Corporate Law paper of Formative – I Assessment, for one student out of 708 students who took the exam.

A Division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi allowed the appeal filed by NLSIU and set aside the order dated 23.08.2022 wherein it directed the University to conduct re-exam for Manjula PR.

Payroll Services By IBM Philippines Not FTS, TDS Not Liable To Be Deducted: Karnataka High Court

Case Title: Director of Income Tax Versus IBM India

Case No: I.T.A NO.218 Of 2014

Citation: 2023 LiveLaw (Kar) 65

The Karnataka High Court, while dismissing the appeal of the department, held that payroll services by IBM Philippines are not fees for technical services (FTS), and the TDS is not liable to be deducted.

The division bench of Justice P.S. Dinesh Kumar and Justice T.G. Shivashankare Gowda has observed that the work has been outsourced to IBM Philippines. IBM Philippines was carrying out the work described in the agreement between IBM India and P&G India. Hence, IBM Philippines was not rendering any technical service, and therefore, the income in the hands of IBM Philippines is a business income.

Karnataka High Court Quashes Order Directing ACB To Probe Denial Of Information Under RTI Act, Says PIO Not Supposed To 'Create' Information

Case Title: A.B. Yomakeshappa And Karnataka State Information Commission & Others

Case No: WRIT PETITION No. 30170 OF 2018

Citation: 2023 LiveLaw (Kar) 66

The Karnataka High Court has observed that under provisions of the Right To Information Act, only such information that is available and existing and held by the public authority can be provided.

The Public Information Officer is not supposed to create information that is not a part of record nor he is obliged to furnish information that is not accessible and available in his office, said the court.

Embargo U/S 70 Of Karnataka Cooperative Societies Act Not Attracted If Minimum Wages Not Paid To Workers: Karnataka High Court

Case Title: Indian Coffee Workers Cooperative Society Limited And The Senior Labour Inspector & Others

Case no: WRIT PETITION NO. 22751 OF 2021

Citation: 2023 LiveLaw (Kar) 67

The Karnataka High Court has made it clear that workmen employed at the Indian Coffee Workers Co-operative Society Limited, if not paid minimum wages as prescribed, can make an application to the appropriate authority constituted under the Minimum Wages Act to consider their claim for recovery of minimum wages.

Further, it has said that Section 70 of the Karnataka Co-operative Societies Act, 1959 does not impose any embargo on an authority under the Minimum Wages Act to consider the claim.

Manual Scavenger's Dispossessed Widow Gets Land With House After Karnataka High Court's Intervention

Case Title: Nagamma And State of Karnataka

Case NO: WRIT PETITION No.21320 OF 2022

Citation: 2023 LiveLaw (kar) 68

The Karnataka High Court has for the second time come to the aid of a widow of a manual scavenger by ensuring authorities restore possession of a plot of land with a house, which was taken away as she did not have financial means to construct house on land allotted pursuant to an earlier high court order.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Nagamma and imposed a cost of Rs 50,000 on the respondents for driving the petitioner to unnecessary litigation, and ignoring her request/representations for re-allotment of land.

Time For Obtaining Sanction Excluded From Limitation U/S 468 CrPC: Karnataka High Court Refuses To Quash Criminal Case Over 'Forced Conversion'

Case Title: K J Kunjumon & others And State of Karnataka & Others

Case No: WRIT PETITION NO.18737 OF 2021

Citation: 2023 LiveLaw (kar) 69

The Karnataka High Court has refused to quash a case against four persons who allegedly tried to lure and convert a Hindu person to Christianity, in 2011.

A single judge bench of Justice K Natarajan dismissed the petition filed by K J Kunjumon and others who were charged under sections 504, 323, 295A read with Section 34 of Indian Penal Code. “There is a case and counter case registered against both the parties, such being the case, the petitioners are required to face the trial and the trial judge has to give the findings in both the cases and punish the aggressor of the crime. Therefore, at this stage, the criminal proceedings cannot be quashed,” it said.

Karnataka High Court Dismisses Petitions Seeking Increase In Age Of Superannuation For Teaching Staff Of Affiliated Colleges

Case Title: Patil Malligemadu Chandrashekhar & others And State of Karnataka & Others

Case No: W.P. NO.8888/2020

Citation: 2023 LiveLaw (Kar) 70

The Karnataka High Court has dismissed a batch of petitions filed by lecturers, principals and associate professors working in affiliated colleges, aided and unaided by the state government, for enhancement of the age of superannuation from present 60 years to 65 years.

A single judge bench of Justice Sunil Dutt Yadav said the contention of petitioners that even those working in Affiliated Colleges are to be treated on par with the Teaching Community drawing UGC Scales cannot be accepted, as the Teaching Community of the Universities drawing UGC Pay Scales form a distinct class of employees vis-à-vis other Teaching Community staff.

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court

Case Title: Vuppalapti Satish Kumar And VTH Source Components Pvt Ltd.

Case No: CRIMINAL PETITION NO.991 OF 2023

Citation: 2023 LiveLaw (kar) 71

The Karnataka High Court has said that a petition filed under Section 482 of the Criminal Procedure Code, seeking to quash conviction handed down to an accused under the Negotiable Instruments Act is not maintainable.

Petitioner Vuppalapti Satish Kumar had approached the court seeking to quash the conviction handed down to him on 2.1.2023, for the offence punishable under Section 138 of Negotiable Instruments Act.

102 Yrs Old Freedom Fighter To Get Pension Arrears After Karnataka High Court Intervenes

Case Title: H.Nagabhushana Rao And The Under Secretary FFR Division & Others

Case No: WRIT PETITION No.405 OF 2023

Citation: 2023 LiveLaw (Kar) 72

The Karnataka High Court has come to the aid of 102 years old Freedom Fighter and has directed the Ministry of Home Affairs to pay arrears of pension which were withheld for a year as he was unable to submit the Life Certificate to the bank.

A single judge bench of Justice M Nagaprasanna said “Ebbing mental prowess and physical incapacity due to age was one of the prime reasons why the certificate could not be submitted in time. This, in the peculiar facts of this case, by no stretch of imagination, can be construed to take away the right of the petitioner for grant of pension, particularly, in the teeth of the guidelines.”

Complainant Not Satisfied With Acquittal Can't Institute Proceedings Before Human Rights Commission Alleging Dereliction Of Duty By Police: Karnataka HC

Case Title: Siddalingappa S T And Karnataka State Human Rights Commission.

Case No: WRIT PETITION NO. 51993 OF 2015

Citation: 2023 LiveLaw (Kar) 73

The Karnataka High Court has said initiation of proceedings by a complainant, post acquittal of the accused before the Karnataka State Human Right Commission, against a police officer who investigated the complaint and filed a chargesheet in the case is unsustainable in law.

A single judge bench of Justice Jyoti Mulimani made the observation while allowing a petition filed by police inspector Siddalingappa S T and quashed the order passed by the Commission dated 20.06.2015, imposing a penalty of Rs.10,000 on the charges of dereliction of duty.

Can’t Expect 100% Efficiency; State Making Efforts: Karnataka High Court Disposes PIL Against Mandatory 'Panic' Button To Avoid Accidental/ Prank Calls

Case Title: Arunkumar N. T And Deputy Commissioner of Police & others.

Case No: WP 14221/2021

Citation: 2023 LiveLaw (Kar) 74

The Karnataka High Court on Tuesday appreciated the efforts taken by the State government in providing Emergency Response Support Systems to address issues raised by citizens who are in need of assistance or in distress.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi remarked that the measures are citizen friendly, responsive and efficient. The observation came while disposing of a public interest litigation filed by one Arunkumar N T who had raised a cause in respect of the accidental misuse of the national emergency number 112 or other quick response facility numbers and misuse by certain pranksters.

Criminal Defamation Case: Karnataka High Court Sets Aside Summons Against Aroon Purie, Rajdeep Sardesai, Shiv Aroor

Case Title: Times Now BCCL And Bhojaraj R Patil

Case No: CRIMINAL PETITION NO.200023/2023 C/W CRIMINAL PETITION NOs.201460/2022, 201461/2022 & 201462/2022.

Citation: 2023 LiveLaw (Kar) 75

The Karnataka High Court has set aside the summons issued to Times Now, India Today Group, India Today Editor-in-Chief Aroon Purie and news anchors Rajdeep Sardesai and Shiv Aroor by a trial court on a complaint filed by former Member of Legislative Assembly (MLA) Bhojaraj Patil, alleging offences under Sections 499 and 500 of India Penal Code.

Justice V SRISHANANDA said the order taking cognizance and issuance of summons is mechanical in nature. The court remitted the matter for fresh consideration strictly in accordance with law.

Karnataka High Court Dismisses PIL To Restore Proposal For Laying Railway Line Between Belur And Sakleshpur Taluks

Case Title: H C Nandish & ANR And The Ministry of Indian Railways & Others

Case NO: WP 16448/2021

Citation: 2023 LiveLaw (Kar) 76

The Karnataka High Court on Wednesday dismissed a PIL seeking to quash the decision of the State government by which it dropped the proposal for laying a railway line between Belur and Sakleshpur Taluks.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi dismissed the petition filed by one H C Nandish and another, saying it is devoid of merits. The state government had vide its order dated 17-01-2019 dropped the proposal for laying down the railway line stating that the project cost had exceeded enormously and it would not be feasible to continue the same.

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police

Case title: Sachin And State of Karnataka

Case No: CRIMINAL PETITION NO. 201553 OF 2022

Citation: 2023 LiveLaw (Kar) 77

The Karnataka High Court has quashed an order of the sessions court allowing an application made by the prosecution under section 319 of the Criminal Procedure Code, permitting it to arraign a person as accused whom the police had earlier given clean chit in investigation.

A single judge bench of Justice V Srishananda allowed the petition filed by Sachin against arraigning him as accused No.2 in the case being tried for offences punishable under section 323, 504, 506, R/w 34 of Indian Penal Code.

[S.29 Karnataka Excise Act] Partnership Firm's Bar License Can Be Cancelled Over Unpaid Fees Following Change In Partners: High Court

Case Title: Cohiba Club And Deputy Commissioner & Others

Case No: WRIT PETITION NO.31185 OF 2018

Citation: 2023 LiveLaw (Kar) 78

The Karnataka High Court has said the Excise authority is entitled to exercise powers under section 29 of the Karnataka Excise Act and cancel the license issued to a partnership firm running a Bar and Restaurant, if the transfer is not intimated to the concerned authority or fees is unpaid on change of partners in the firm.

A single judge bench of Justice Suraj Govindaraj dismissed a petition filed by Cohiba Club and upheld the order of the Deputy Commissioner cancelling the license issued to the partners of the Club.

Karnataka High Court Quashes Extortion Complaint Against Alleged RSS Activist, Says 'Putting Person In Fear Of Injury' Essential U/S 385 IPC

Case Title: N Hanumegowda And State of Karnataka

Case No: 2023 LiveLaw (Kar) 79

The Karnataka High Court has quashed an extortion complaint against a man who was alleged of threatening the complainant, stating that he is a RTI/RSS activist and would stall inauguration of a building if he is not paid money.

A single judge bench of Justice Hemant Chandangoudar noted there was no allegation against the petitioner that he put any person in fear of injury to extort money. It observed, "To constitute an offence punishable under Section 385 of IPC, a person must put any other person in fear of any injury. In the instant case, there is no material placed along with the charge sheet that, the petitioner has put the defacto complainant in fear of any injury in order to commit extortion."

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court

Case Title: Ramachandra Reddy & ANR And State of Karnataka

Case No: CRIMINAL PETITION No.3359 OF 2022 C/W CRIMINAL PETITION No.2096 OF 2021

Citation: 2023 LiveLaw (Kar) 80

The Karnataka High Court has clarified that if a term of life imprisonment under section 302 of Indian Penal Code is imposed on an accused and another fixed term sentence is imposed for another charge, then both sentences will run concurrently and not consecutively.

A single judge bench of Justice M Nagaprasanna gave this clarification while allowing the petition filed by convicts Ramachandra Reddy and another and directed that the sentences imposed upon the petitioners in terms of the impugned order of conviction dated 25.11.2010, passed in S.C.No.02/2007, shall run concurrently.

81-Yr-Old To Volunteer At Anganwadi After Karnataka High Court Reduces Sentence To 3 Days In Grievous Hurt Case

Case Title: Aithappa Naika And State of Karnataka

Case No: CRIMINAL REVISION PETITION NO. 672 OF 2014

Citation: 2023 LiveLaw (Kar) 81

The Karnataka High Court has set aside the sentence of two years imposed on an 81-year-old convict and modified it to three days simple imprisonment after the convict volunteered to serve at an Anganwadi Centre for a period of one year. A single judge bench of Justice R Nataraj allowed the petition filed by Aithappa Naika in part and set aside the judgment of the appellate court holding him guilty for offence punishable under section 326 of the Indian Penal Code and imposing a sentence of two years along with fine of Rs 5,000.

Karnataka State Commission For Protection Of Child Rights Not Empowered To Grant Visitation Rights To Parents: High Court

Case title: XYZ And Karnataka State Commission for the Protection of Child Rights & ANR

Case No: WRIT PETITION NO. 37674 OF 2017

Citation: 2023 LiveLaw (Kar) 82

The Karnataka High Court has held that the State Commission for Protection of Child Rights cannot pass an order granting visitation rights of the child to a parent.

A single judge bench of Justice Jyoti Mulimani observed, “The Commission is an advisory body and it could frame or suggest policy decisions with respect to the child’s rights to the State Government. The Act does not empower and conferred with any power of adjudication or to decide adversarial proceedings. The commission has no power to adjudicate any lis between two parties.”

PIO Can't Be Compelled To Furnish Information If RTI Application Doesn't Contain Particulars Of Information Sought: Karnataka High Court

Case title: DR. K.N.Anuradha And Karnataka State Information Commission & Others

Case NO: WRIT PETITION NO. 13791 OF 2016

Citation: 2023 LiveLaw (Kar) 83

The Karnataka High Court has issued guidelines to be followed by the Karnataka State Information Commission while deciding on applications made before it under the Right to Information Act. A single judge bench of Jyoti Mulimani said “Given the increase of applications, it’s high time the Commission addresses the issue properly and in a right perspective.”

Deprived Workers Of Their Dues: Karnataka High Court Directs Mysore Electrical To Reinstate Employees Unilaterally Shifted To Contractual Engagement

Case Title: The Mysore Electrical Industries Limited And Engineering & General Workers Union.

Case NO: WRIT PETITION NO. 3788 OF 2012

Citation: 2023 LiveLaw (Kar) 84

The Karnataka High Court has held that Mysore Electrical Industries Limited, a State Government Undertaking, which is not registered under Section 7 of the Contract Labour Abolition Act (CLRA) shifted the services of its workmen to private agencies (contractors) without their consent, declaring their employment as contract labour, only for the purpose of depriving the workers their due amounts.

A single judge bench of Justice Suraj Govindaraj upheld the order of the Industrial Tribunal dated 03-12-2011, directing the employer to restore the services of the workmen.