Karnataka High Court Weekly Round-Up: January 9 To January 15, 2023

Case Title: Praveen Bhai Togadia & ANR v. State of Karnataka & others

Case No: WRIT PETITION No.9574 OF 2015

Citation: 2023 LiveLaw (Kar) 8

The Karnataka High Court has dismissed a petition filed in the year 2015 by Praveen Bhai Togadia challenging the prohibitory orders banning him from entering into the Udupi District limits and participating in any Public Meetings/ Functions for a period of seven days, between March 7, 2015 to March 13, 2015. Togdia is the National President of Antar-Rashtriya Hindu Parishad.

A single judge bench of Justice Jyoti Mulimani dismissed as having become infructuous, the petition filed by Togadia and one Baikady Suprasad Shetty.

Wrong Terminology Employed By Statutory Authority While Granting Concession Not Ground To Revoke Such Concession: Karnataka High Court

Case Title: Suchitra Cinema and Cultural Academy v. The Commissioner, Bangalore Development Authority & ANR.

Case No: WRIT PETITION NO.58854 OF 2014

Citation: 2023 LiveLaw (Kar) 9

The Karnataka High Court has made it clear that where a statutory authority employs wrong terminology while granting any concession to a party, the same cannot be a ground to revoke such concession where the party itself was not at fault.

The development comes in a writ petition filed before the bench of Justice Krishna S Dixit challenging the communication issued by the Bangalore Development Authority to Suchitra Cinema and Cultural Academy, whereby the latter was asked to pay back a sum of Rs.50 Lakh on the ground that the word ‘donation’ was used for granting concessions, whilst renewing lease of the sites.

Deceased Father's Dues Qualify As 'Legally Enforceable Debt', Complaint U/S 138 NI Act Against Son Maintainable: Karnataka High Court

Case Title: Prasad Raykar v. B T Dinesh

Case No: Criminal Appeal 725 of 2011

Citation: 2022 LiveLaw (Kar) 10

The Karnataka High Court has said that a son being the legal representative is liable to discharge the liability of the deceased father under the Negotiable Instruments Act.

A single judge bench of Justice K Natarajan rejected the argument canvased by one respondent/accused B T Dinesh, that there is no legally enforceable debt against him as the loan was borrowed by his father, who expired before filing of the complaint under Section 138 of the Negotiable Instruments Act.

GPS For Ambulances: Karnataka High Court Disposes PIL Being Satisfied With State's Initiatives

Case Title: BHARAT PUNARUTTHANA TRUST v. THE GOVERNMENT OF KARNATAKA & Others.

Case NO: WP 6073/2020

Citation: 2023 LiveLaw (Kar) 11

The State government on Wednesday informed the Karnataka High Court that a feature is enabled in the Vahan portal for checking whether new ambulances being registered are equipped/installed with the Global Positioning System.

As per an affidavit filed by the Additional Commissioner, Karnataka State Road Safety Authority, “National Informatics Centre has rolled out a feature for new registration of ambulances whereby the Vahan portal will now check at the time of Inspection if Global Positioning System data is available or not. This feature is now enabled in Vahan and after verification and providing training to all RTOs, this will be rolled out throughout the state.”

After High Court Nudge, Karnataka Govt Authorises CBI To Attach Excess Properties Of Mining Baron Janardhana Reddy

Case Title: Central Bureau of Investigation And State of Karnataka

Case No: WP 402/2023

Citation: 2023 LiveLaw (Kar) 12

The State government on Thursday submitted before the Karnataka High Court an order granting authorisation to the Central Bureau of Investigation to attach excess properties of former Bharatiya Janata Party (BJP) leader Gali Janardhana Reddy’s properties in relation to a corruption case.

Additional Advocate General Dhyan Chinnappa though pointed out to the court that an earlier authorisation was granted by the state government in the year 2015 for attaching properties of the same accused was not pursued till 2021, for around seven years by the CBI before the concerned court. He submitted that the CBI which is now complaining has many many problems which he is not dealing with.

Circular Regarding Mismatch Of ITC Is Applicable For 2019-20 In Case Of Identical Errors: Karnataka High Court

Case Title: M/s Wipro India Ltd. Versus Assistant Commissioner Of Central Tax

Case No: Writ Petition No.16175 Of 2022

Citation: 2023 LiveLaw (Kar) 13

The Karnataka High Court has held that the circular regarding the mismatch of input tax credit (ITC) is applicable for 2019–20 in the case of identical errors.

"Though the Circular refers only to the years 2017–18 and 2018–19, since there are identical errors committed by the petitioner not only in respect of the assessment years 2017–18 and 2018–19 but also in relation to the assessment year 2019–20 also, I am of the view that by adopting a justice-oriented approach, the petitioner would be entitled to the benefit of the Circular for the year 2019–20 also," the single bench of Justice S.R. Kumar said.