Karnataka High Court Weekly Round-Up: 13 February To 19 February, 2023

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

Judgement/Orders

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.