Karnataka High Court Weekly Round Up : September 19 To September 25, 2022

MUDIT SAXENA v UNION OF INDIA. 2022 LiveLaw (Kar) 366

B.V. BYRE GOWDA v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 367

R D RAMADAS v THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 368

SRI VASAVI EDUCATION SOCIETY v KARNATAKA STATE COMMISSION FOR THE SCHEDULED CASTES AND SCHEDULED TRIBES & ANR. 2022 LiveLaw (Kar) 369

PRAMOD H. MUTALIK v. DISTRICT COMMISSIONER AND DISTRICT MAGISTRATE. 2022 LiveLaw (kar) 370

THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED v SHANKARAMMA & others. 2022 LiveLaw (Kar) 371

SHIVARAJA @ KULLA SHIVARAJA v COMMISSIONER OF POLICE, BENGALURU. 2022 LiveLaw (Kar) 372

M/s. Subex Limited versus The Deputy Commissioner of Income Tax. 2022 LiveLaw (Kar) 373

D Reddeppa v. The State of Karnataka. 2022 LiveLaw (Kar) 374

Judgments /Reports

Loan Recovery: Karnataka High Court Restrains PNB Housing Finance From Taking Coercive Measures Against Apartment Buyers

Case Title: MUDIT SAXENA v UNION OF INDIA

Case No: W.P.NO.17696/2021 Citation: 2022 LiveLaw (Kar) 366

In a significant order, the Karnataka High Court has restrained Punjab National Bank Housing Finance Limited from taking any coercive measures to recover the amount from loan borrowers who had entered into a tripartite agreements after booking their apartment units with M/S Mantri Developers Private Limited, in terms of "Pre-EMI Scheme".

A single judge bench of Justice Krishna S Dixit allowed a batch of petitions filed by the loan borrowers and said, "A Writ of Mandamus is issued restraining the Respondent-PNB Housing Finance Limited from taking any coercive measures against the petitioners for recovering any amount comprised in the Loan Agreements and Tripartite Agreements in question."

Approval From Chairman Of State Pollution Control Board Must For Initiating Criminal Action Against Defaulters Under Air Act: Karnataka High Court

Case Title: B.V. BYRE GOWDA v. STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 8067 OF 2019

Citation: 2022 LiveLaw (Kar) 367

The Karnataka High Court has directed the Chairman of State's Pollution Control Board to hold necessary workshops to educate and train its officers as regards initiation of criminal proceedings under Air and Water(Prevention and Control of Pollution) Act.

A single judge bench of Justice Suraj Govindaraj has asked the Chairman to take assistance of NLSIU's Environment Law Centre for this purpose. He is also directed to place on record the topics that could be covered in such workshops along with the material that would be distributed in the said workshops.

Karnataka High Court Asks State Government To Review Employee Transfer Guidelines

Case Title: R D RAMADAS v THE STATE OF KARNATAKA

Case No: WRIT PETITION NO.11934/2022

Citation: 2022 LiveLaw (Kar) 368

Concerned over the increase in number of cases related to transfer orders of government employees, the Karnataka High Court has said it is high time for the State to have relook at the relevant guidelines framed by it in 2013.

"The State being the largest litigant owes a duty to the justice delivery dispensation," said the court. The court said the state government should look into the concept of commutable distance and also consider the distinction between areas - which are well equipped with all the basic necessities like hospitals, schools, colleges, residential accommodation etc, and remote and inaccessible areas involving Hilly Terrain, Towns and Villages surrounded by forest etc or towns and villages in highly undeveloped or under-developed parts of the State.

Karnataka State Commission For SC/ST Cannot Direct Govt To Withhold Grants to School: High Court

Case Title: SRI VASAVI EDUCATION SOCIETY v KARNATAKA STATE COMMISSION FOR THE SCHEDULED CASTES AND SCHEDULED TRIBES & ANR

Case No: WRIT PETITION NO. 101248 OF 2022

Citation: 2022 LiveLaw (Kar) 369

The Karnataka High Court has said that Karnataka State Commission for the Scheduled Castes and Scheduled Tribes Act, 2002 does not empower the Commission constituted under it to direct the government to withhold grants being made to an educational institution.

Justice M.I.ARUN of the Dharwad bench allowed the petition filed by Sri Vasavi Education Society and set aside the interim order dated 16.09.2021, by which the commission directed the government to withhold the grants being made to the petitioner institution.

Karnataka HC Quashes Order Prohibiting Sri Rama Sene Founder From Meeting Praveen Netturu's Family

Case Title: PRAMOD H. MUTALIK v. DISTRICT COMMISSIONER AND DISTRICT MAGISTRATE

Case no: CRIMINAL PETITION NO. 7611 OF 2022

Citation: 2022 LiveLaw (kar) 370

The Karnataka High Court recently set aside an order restraining Sri Ram Sene Founder Pramod H. Mutalik from meeting the family of Bharatiya Janata Yuva Morcha (BJYM) leader Praveen Netturu, who was killed on July 26 at Bellare in Mangaluru.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Mutalik and said, "The order dated 27.07.2022 passed by the District Commissioner and District Magistrate, Mangaluru, is set aside and the matter is remitted back to issue a notice and then pass appropriate orders in accordance with law."

Insurance Company Cannot Escape Liability Just Because Driver Died of Heart Attack In Parked Vehicle: Karnataka HC

Case Title: THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED v SHANKARAMMA & others

Case No: M.F.A. NO.20003/2010

Citation: 2022 LiveLaw (Kar) 371

The Karnataka High Court has held that an insurance company is not absolved of its liability to pay compensation, in case the driver of an insured vehicle dies of heart attack during the course of employment, only on the ground that the tipper lorry was not in use at the time of his death.

Referring to an earlier ruling in which the court held that driving is undoubtedly a tension-filled job, Justice H P Sandesh of Dharwad bench said, "The Court has to take note of policy taken in order to cover the risk of the driver during the course of employment. I have already pointed out that respondent No.1 [employer] in the written statement in para No.2 categorically admitted that the death is in the course of employment and the same cannot be disputed by the insurer."

Article 22(5): Delay In Considering Representation Against Detention Order A Ground To Nullify It, Says Karnataka HC

Case Title: SHIVARAJA @ KULLA SHIVARAJA v COMMISSIONER OF POLICE, BENGALURU

Case No: WRIT PETITION (HC) No.39/2022

Citation: 2022 LiveLaw (Kar) 372

The Karnataka High Court has said that delayed consideration by authorities of the representation made by a detenu amounts to violation of Article 22(5) of the Constitution of India and constitutes a ground to nullify the order of detention.

A division bench of Justice B. VEERAPPA and Justice K.S. HEMALEKHA made the observation while allowing a habeas corpus petition filed by detenue Shivaraja @ Kulla Shivaraja and his wife against the order passed by Commissioner of Police, Bengaluruagainst him under the provision of Section 3(1) of the Goonda Act.

Export Of Software Embedded Into Hardware; Sale Proceeds From Export Of Hardware Eligible For Deduction : Karnataka High Court

Case Title: M/s. Subex Limited versus The Deputy Commissioner of Income Tax

Citation: 2022 LiveLaw (Kar) 373

The Karnataka High Court has ruled that where a software embedded into a hardware is exported by the assessee, the proceeds from export of the hardware component is eligible for deduction under Section 10A of the Income Tax Act, 1961, despite the fact that the hardware was separately invoiced and was not manufactured by the assessee, if the software cannot be used independently.

Taking a judicial note of the fact that the software and the hardware components were inseparable from each other, the division bench of Justices P.S. Dinesh Kumar and M.G. Uma held that issue of separate invoices by the assessee for sale of hardware and software components is inconsequential. The Court ruled that what is relevant is the intention of the parties and the product that is actually sold.

S.357A CrPC | Magistrate & Sessions Judge Should Recommend In Judgment Whether There Is Need For Compensation To Rehabilitate Victim: Karnataka HC

Case Title: D Reddeppa v. The State of Karnataka

Case No: CRIMINAL APPEAL No. 1113/2015

Citation: 2022 LiveLaw (Kar) 374

The Karnataka High Court has suggested that while delivering final judgments after completion of trial, Magistrate and Sessions Judge must pass a reasoned order as to whether there is a need to make a recommendation for payment of compensation for the rehabilitation of the victim of a crime or not, under Section 357A of the Criminal Procedure Code.

A division bench of Justice K. Somashekar and Justice Shivashankar Amarannavar said, "Looking into the welfare object behind Section 357A of the Code, which is apparent from the text of the provision, this Court is of the opinion that the Magistrate and the Sessions Judge while delivering final judgments, after completion of the trial, must pass a reasoned order as to whether there is a need to make a recommendation for payment of compensation for the rehabilitation of the victim of a crime or not."