Karnataka High Court Weekly Round Up: September 5 To September 11,2022

ESHWAR R & others v KARNATAKA EXAMINATION AUTHORITY. 2022 LiveLaw (Kar) 348

POULAMI BASU v. THE GOVERNMENT OF INDIA. 2022 LiveLaw (Kar) 349

M Chiranjeevi v. State of Karnataka. 2022 LiveLaw (Kar) 350

HARISH A.S. v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 351

S.R. Ravi v. Karnataka State Tourism Development Corporation. 2022 LiveLaw (Kar) 352

DANDELI BACHAO ANDOLAN SAMITHI v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 353

Abraham T.J v B.S. Yediyurappa & Others. 2022 LiveLaw (Kar) 354

AJ v. State of Karnataka. 2022 LiveLaw (Kar) 355

M.MANJULA v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 356

Judgments/Orders

CET 2022: Karnataka High Court Directs KEA To Redo Ranking Process For Engineering & Technology Courses

Case Title: ESHWAR R & others v KARNATAKA EXAMINATION AUTHORITY

Case NO: WRIT PETITION No.15429 OF 2022

Citation: 2022 LiveLaw (Kar) 348

The Karnataka High Court has directed the Karnataka Examinations Authority to redo the CET rankings for admission to undergraduate courses in Engineering and Technology for the academic year 2022-23.

Passport Officer Can't Insist On Father's Consent Where Mother Holds Exclusive Custody Of Minor: Karnataka High Court

Case Title: POULAMI BASU v. THE GOVERNMENT OF INDIA

Case NO: WRIT PETITION NO.14716 OF 2022

Citation: 2022 LiveLaw (Kar) 349

The Karnataka High Court has said that once exclusive custody of a child is granted by the Family Court to a mother, the Regional Passport Officer is not justified in insisting upon the presence of the father of the ward or for his consent for issuing a passport to the child.

Writ Courts Can't Adopt 'Come What May Attitude' In Contractual Matters When Actions Of Public Functionaries Are Manifestly Arbitrary: Karnataka HC

Case Title: M Chiranjeevi v. State of Karnataka

Case No: WP NO 46302 of 2018

Citation: 2022 LiveLaw (Kar) 350

The Karnataka High Court has observed that ordinarily, Writ Courts do not grant indulgence in matters involving contract and non-payment of contractors' bills, more particularly when disputed facts are involved. Aggrieved parties can work out their remedies by an ordinary civil suit or by invoking arbitration clause, if there be one.

State Legislators Not Disqualified From Holding Posts In Committees, Society: Karnataka High Court

Case Title: HARISH A.S. v. STATE OF KARNATAKA

Case No: W.P. NO.18278 OF 2021 C/W W.P. NO.19421 OF 2021

Citation: 2022 LiveLaw (Kar) 351

The Karnataka High Court has held that a Member of the State Legislative Assembly or Legislative Council is not disqualified from holding the post of Chairman of any Committee or of any society.

Existence Of Arbitration Agreement Can Be Presumed If No Denial Is Made In The Reply: Karnataka High Court

Case Title: S.R. Ravi v. Karnataka State Tourism Development Corporation, Civil Miscellaneous Petition No. 180 of 2020

Citation :2022 LiveLaw (Kar) 352

The Karnataka High Court has held that the words "statements of claim and defence" under Section 7(4)(c) of the A&C Act are to be given wider interpretation and reply to a notice of arbitration falls within the section.

Balance Must Be Struck Between Development & Ecology: Karnataka High Court Dismisses PIL Against Commercial Use Of Kali River Water

Case Title: DANDELI BACHAO ANDOLAN SAMITHI v STATE OF KARNATAKA

Case No: W.P. NO.16505 OF 2007

Citation: 2022 LiveLaw (Kar) 353

The Karnataka High Court dismissed a public interest litigation filed by Dandeli Bachao Andolan Samithi, challenging the State's decision to part with water resources of Kali river and permit commercial use by a sugar mill.

Karnataka High Court Restores Bribery Complaint Against Former CM Yediyurappa

Case Title: Abraham T.J v B.S. Yediyurappa & Others

Case No: CRIMINAL PETITION No.5659/2021

Citation: 2022 LiveLaw (Kar) 354

The Karnataka High Court has restored a bribery complaint filed against former Chief Minister B.S. Yediyurappa, his son B.Y. Vijayendra and others alleging offences under Prevention of Corruption Act.

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court

Case Title: AJ v. State of Karnataka

Citation: 2022 LiveLaw (Kar) 355

The Karnataka High Court on Friday allowed a petition filed by a minor boy and set aside the investigation initiated against him under sections of the Protection of Children from Sexual Offences Act (POCSO) for allegedly sexually assaulting a minor girl, following a mutual settlement having arrived at between the parties.

Magistrate Can't Direct Further Investigation By Police After Rejecting Closure Report Filed By HC Constituted SIT: Karnataka High Court

Case Title: M.MANJULA v STATE OF KARNATAKA

Case No: WRIT PETITION No.7784 OF 2022

Citation: 2022 LiveLaw (Kar) 356

The Karnataka High Court has held that a Magistrate court cannot direct further investigation by some other investigation agency after rejecting the B report (closure report) filed by a probe agency that was appointed by the High Court.