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Karnataka High Court Weekly Roundup: March 7 To March 13, 2022
Mustafa Plumber
13 March 2022 1:47 PM IST
NOMINAL INDEX K T Naveen Kumar And The State of Karnataka 2022 LiveLaw (Kar) 61 Dr S Srinivasa v. Mandya University 2022 LiveLaw (Kar) 62Devendra Pai Versus The Assistant Commissioner of Income Tax 2022 LiveLaw (Kar) 63 Dr Shantha Raj T R v. The State By Sub Inspector of Police 2022 LiveLaw (Kar) 64 M/s. Prashanthi Affiliates Versus Deputy Commissioner of Commercial Taxes ...
NOMINAL INDEX
K T Naveen Kumar And The State of Karnataka 2022 LiveLaw (Kar) 61
Dr S Srinivasa v. Mandya University 2022 LiveLaw (Kar) 62
Devendra Pai Versus The Assistant Commissioner of Income Tax 2022 LiveLaw (Kar) 63
Dr Shantha Raj T R v. The State By Sub Inspector of Police 2022 LiveLaw (Kar) 64
M/s. Prashanthi Affiliates Versus Deputy Commissioner of Commercial Taxes 2022 LiveLaw (Kar) 65
Meera Ajith v. John Doe Alias Ashok Kumar 2022 LiveLaw (Kar) 66
Thippeswamy @ Thipeshi v. State By Jagalur P.S 2022 Livelaw (Kar) 67
Kumari M. v. The State Of Karnataka 2022 Livelaw (Kar) 68
Chiranjeevi M. Kulkarni v. Karnataka State Law University 2022 LiveLaw (Kar) 69
Amol Kale v. State of Karnataka 2022 LiveLaw (Kar) 70
Darshan And State of Karnataka 2022 LiveLaw (Kar) 71
Kum. Mayavathi v State of Karnataka 2022 LiveLaw (Kar) 72
Union of India and Ors. v. M/s Bundl Technologies Pvt. Ltd. 2022 LiveLaw (Kar) 73
Judgements/reports
Case Title: K T Naveen Kumar And The State of Karnataka Case no: Criminal Petition 10232/2021
Citation: 2022 LiveLaw (Kar) 61
The Karnataka High Court has directed the Superintendent of Jail to shift and provided treatment to K T Naveen Kumar, an accused in the journalist Gauri Lankesh murder case, in a private hospital.
A single judge bench of Justice K Natarajan while allowing the petition, set aside the order of Special Court dated December 31, 2021 and said, "The Superintendent of jail is directed to provide treatment to the petitioner in the Columbia Asia hospital HSR Road, Bengaluru which is situated 7.7 kms from Parappana Agrahara Jail. The petitioner is also directed to bear the entire medical expenditures which will be charged by the hospital authority. The jail Superintendent is directed to provide sufficient security forces during the treatment and shifting the petitioner to the hospital and back."
Case Title: Dr S Srinivasa v. Mandya University Case No: WA 105/2022
Citation: 2022 LiveLaw (Kar) 62
The Karnataka High Court recently directed the Mandya University to continue the services of guest lecturers for another academic year, until the recruitment of full time lecturers as initiated by the University is completed.
A Division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj while allowing an intra-court appeal filed by Dr S Srinivasa and others challenging the order of the single judge bench dated December 21, 2021, said, "The Guest Lecturers now working shall be entitled to the benefit of the Notification dated 7.10.2021 for extension of service by one more academic year until the recruitment of lecturers is completed."
Case Title: Devendra Pai Versus The Assistant Commissioner of Income Tax Case No.: Writ Petition No. 52305/2018 (T-IT)
Citation: 2022 LiveLaw (Kar) 63
A bench of Karnataka High Court consisting of Justice Sunil S.Yadav has condoned the delay of 6 years in filing revised Income Tax Return (ITR). A single judge bench of Justice Sunil S.Yadav has observed that the intention of Circular No.014 (XL-35) dated 11.04.1955 was not that tax due should not be charged or that any favour should be shown to anybody in the matter of assessment, or where investigations are called for, they should not be made. Whatever the legitimate tax it must be assessed and must be collected. The purpose of the circular is merely to emphasise that the tax officer should not take advantage of an assessee's ignorance to collect more tax out of him than is legitimately due from him.
Case Title: Dr Shantha Raj T R v. The State By Sub Inspector of Police Case No: Criminal Petition 7980/2014
Citation: 2022 LiveLaw (Kar) 64
The Karnataka High Court has held that the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act 1989, is prospective in nature and alleged acts committed before its enactment cannot be an offence. A single judge bench of Justice Krishna S Dixit said, "The offences allegedly been committed ago i.e., on 18.10.1975; complaint was filed with inordinate delay with no plausible explanation for the same. Ordinarily, the stale claims would not be entertained."
Case Title: M/s. Prashanthi Affiliates Versus Deputy Commissioner of Commercial Taxes Case No: Criminal Revision Petition No.921/2012
Citation: 2022 LiveLaw (Kar) 65
The Karnataka High Court has held that the District Magistrate is empowered to attach the property and not the Commissioner of Bengaluru Mahanagara Palike Commissioner (BBMP).
The single bench of Justice S.P.Sandesh has observed that the Commissioner of BBMP, has no authority to attach the property as ordered by the Special JMFC (Sales Tax) Court and it ought to be enforced under Section 421(1)(b) of Cr.P.C, through the collector of the District.
Case Title: Meera Ajith v. John Doe Alias Ashok Kumar Case No: MFA 806/2022
Citation: 2022 LiveLaw (Kar) 66
The Karnataka High Court has passed an order of temporary injunction restraining unknown persons (also known as John Doe order) from interfering with the peaceful possession of the property owned by a woman in Bengaluru.
Justice Sreenivas Harish Kumar while hearing an appeal filed by one Meera Ajith, said, "Order XXXIX Rule 1(a) CPC states that an order of temporary injunction may be granted against any party to the suit. According to Clauses (b) & (c), injunction may be granted in favour of the plaintiff and against the defendant. The plaint must disclose the names and identity of the parties. But in a situation as has been made out in this case, if there is a threat to the possession of the plaintiff by unknown person/s, is it possible to say that injunction cannot be granted. I do not think that injunction can be denied if circumstances are as such that there is a serious threat to the possession of the plaintiff by unknown persons."
Case Title: Thippeswamy @ Thipeshi v. State By Jagalur P.S Case No: Criminal Petition No.9980/2021
Citation: 2022 Livelaw (Kar) 67
The Karnataka High Court has directed the Principal Secretary, Health Department to issue a circular and a direction to all Medical officers working in the state, prescribing their duties and responsibilities towards a child victim of sexual assault, who is produced before them.
A single judge bench of Justice H P Sandesh also directed the Principal Secretary to take action against a doctor working in the Taluk Government Hospital, Jagalur, Davanagere District, who conducted medical examination of the victim in this case and issued a Sexual Assault certificate in this case, without giving any opinion.
Case Title: Kumari M. v. The State Of Karnataka Case No: Writ Petition No.100875/2022
Citation: 2022 Livelaw (Kar) 68
The Karnataka High Court recently permitted a minor rape victim to terminate her 22 weeks 3 days old pregnancy, upon noting that continuation of the same can develop anxiety, which could lead to depression effecting her mental health.
A single judge bench of Justice Suraj Govindaraj said, "I am of the opinion that, it would be in the interest of the petitioner-victim, that the pregnancy is terminated." Following which it directed the District Civil hospital (Belagavi) to medically terminate the pregnancy of the petitioner by adopting all required safety considerations for such a procedure.
Case Title: Chiranjeevi M. Kulkarni v. Karnataka State Law University Case No: Writ Petition No.100869/2022
Citation: 2022 LiveLaw (Kar) 69
The Karnataka High Court has directed the Karnataka State Law University to conduct offline examinations for students of 3 years LLB Course, studying in the 2nd and 4th semester, twice— once from March 7 onwards and next from May 16 onwards. The direction has been passed as a one time measure, only for this academic year taking into account the various litigations as also the Covid-19 Pandemic.
Case Title: Amol Kale v. State of Karnataka Case No: Criminal Appeal No.537/2019
Citation: 2022 LiveLaw (Kar) 70
The Karnataka High Court recently dismissed an appeal filed by 10 accused allegedly involved in the murder case of journalist Gauri Lankesh, challenging an order rejecting their application for default bail by the special court.
A single judge of Justice K.S.Mudagal while dismissing the appeal filed by prime accused Amole Kale and others said, "The attack on the impugned order was that the charge sheet was not filed on 23-11-2018, but that was ante-dated. The trial Court rejected the said contentions. The appellants did not seek any administrative action against the Ministerial officer who allegedly interpolated the date 23-11-2018 nor the presiding officer on the ground of judicial impropriety. Under Section 114 of the Indian Evidence Act, 1872 illustration (e) there is presumption that judicial acts or official acts have been regularly performed. Except for scandalising the office staff and the Judge, nothing was done to rebut the said presumption."
Case Title: Darshan And State of Karnataka Case No: Criminal Petition/ 2022
Citation: 2022 LiveLaw (Kar) 71
The Karnataka High Court recently permitted a 19-years old, who is in judicial custody in connection with the rape of a minor girl, to appear for his annual examination by physically attending the examination centre.
Justice V Srishananda while disposing of the petition filed by the accused said, "Just because, the case is pending against the petitioner herein, which is being investigated in Crime No.8/2022, his future cannot be put to jeopardy."
12. Karnataka High Court Quashes 8 Year Old Case Against BSP Chief Mayavathi
Case Title: Kum. Mayavathi v State of Karnataka Case no: CRIMINAL PETITION No.7626/2021
Citation: 2022 LiveLaw (Kar) 72
The Karnataka High Court recently set aside an eight year old criminal case pending against Mayavathi, Former Chief Minister & President Of Bahujan Samaj Party and Sathish Chandra Mishra National General Secretary & Member of Parliament, Bahujan Samaj Party.
A single Judge bench of Justice Sunil Dutt Yadav said "In view of the explanation of the petitioners having been accepted by the Election Commission of India, the continuance of the present proceedings would not secure the ends of justice."
13. Karnataka High Court Orders GST Refund of Rs. 27 Crores Illegally Collected from Swiggy
Case Title: Union of India and Ors. v. M/s Bundl Technologies Pvt. Ltd. Case no: W.A. No.1274 OF 2021
Citation: 2022 LiveLaw (Kar) 73
The Karnataka High Court has ordered the Goods and Service Tax (GST) department to refund Rs. 27 crore, which was illegally collected from Swiggy. The division bench of Justice Alok Aradhe and Justice M. G. S. Kamal, while dismissing the appeal of the Central Government, observed, "Article 265 of the Constitution mandates that the collection of tax has to be by the authority of law."
Other reports:
Case Title: High Court Legal Services Committee v. State Of Karnataka Case No: WP 18628/2019
The Karnataka government on Saturday informed the High Court that it has issued a government order making provisions for establishment of Goshalas in each district. A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar were informed that, "The State Government has issued a government order making provision for establishment of the 'Goshala' in each district. A budget provision allocation has been done in the current budget for that purpose."
Case Title: High Court Of Karnataka v. The State Of Karnataka Case No: WP 10240/2020
The Karnataka High Court on Saturday directed its Registrar General to furnish fresh information regarding the cases in which the State Government has filed application under Section 321 of Cr.P.C, for withdrawing cases against Member of Parliament, Member of Legislative Assembly/Council. A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar also called for records of four cases involving MP Prathap Simha and MLA M P Renukacharya, that were withdrawn by the Government in 2020. The case against Simha, stood withdrawn on October 19, 2020, while three cases against the MLA Renukacharya, came to be withdrawn by order dated November 19, 2020.
3. No Compulsion Of Any Language In National Education Policy 2020: Centre Tells Karnataka High Court
Case Title: Samskrita Bharati Karnataka Trust v. Union Of India Case No: WP 18156/2021
The Union government has informed the Karnataka High Court that there is no mention of any compulsion of language in the National Education Policy 2020 and the policy is to be understood, interpreted and implemented keeping in mind broad objectives enshrined in the Constitution.
In an affidavit filed by Dinesh T Pali, under secretary in the Department of Higher Education, the Ministry of Education has said the National Education Policy is classified in 4 parts. As per NEP 2020, higher education institutions may offer medium of instruction or programmes in local/indian languages.
Case Title: Geetha Misra v. State Of Karnataka Case No: WP 6586/2021
The Karnataka High Court on Thursday disposed of a public interest litigation seeking to quash the order passed by the Commissioner of Police, forming a Special Investigation Team (SIT) comprising of Six (6) police officers to conduct investigation in the alleged sex CD case, involving former Minister Ramesh Jarkiholi.
A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar in its order said, "The PIL, was the first petition filed on the issues involved. Subsequently the victim herself has approached the court by filing the petition. The order under challenge in PIL is also under challenge in the subsequent writ petition. With the consent of the parties, once the victim has challenged the constitution of SIT, there is no purpose of keeping the PIL alive. Accordingly the PIL is disposed of."
Case Title: K C Rajanna v. State of Karnataka Case No: WP 4021/2022
The Karnataka High Court on Wednesday directed the State government to place on record in two weeks, the effective steps that are being taken to ensure that children do not escape from the government run child care institutions.
A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar said, "AGA shall also seek instructions as to what effective steps are being taken to ensure that children do not escape from the government child care institutions and the same may be brought on record."
