Karnataka High Court Weekly Round-Up: January 29 To February 5, 2023

Vijay Kumar & ANR And State of Karnataka. 2023 LiveLaw (Kar) 32

M/s Allengers Medical Systems Ltd And State of Karnataka. 2023 LiveLaw (Kar) 33

Padmanabha N S & others v. State of Karnataka & ANR. 2023 LiveLaw (Kar) 34

Ranjith Naik K V & Others And State of Karnataka & Others. 2023 LiveLaw (Kar) 35

Thotlegowda v. State of Karnataka. 2023 LiveLaw (Kar) 36

M Prakash And M Vinayaka & ANR. 2023 LiveLaw (Kar) 37

Ameena Afroj And State of Karnataka & others. 2023 LiveLaw (Kar) 38

Shesha Krishna And Krishn Hegde. 2023 LiveLaw (Kar) 39

Akshata Chougala & Others And State of Karnataka & Others. 2023 LiveLaw (Kar) 40

Judgments/Orders

Karnataka High Court Quashes Cheating Case Against Matrimonial Website Employees

Case Title: Vijay Kumar & ANR And State of Karnataka

Case no: WRIT PETITION NO.29340/2017

Citation: 2023 LiveLaw (Kar) 32

The Karnataka High Court has quashed a case registered against two employees of a matrimonial website by a woman subscriber, who was cheated by a man she had come into contact through the portal.

The woman in her complaint in 2017 said that she had created her profile on the "Kannada Matrimony" and subsequently she came into contact with a person by name of Amit Deepak through the portal. The accused on one pretext or the other demanded money from the complaint which she transferred to him. After speaking with a close friend, she realised that she was cheated by Deepak for a sum of Rs.1,70,000

Corruption Charges Against Officers Of Tender Scrutiny Committee Cannot Result In Cancellation Of Valid Tender: Karnataka High Court

Case Title: M/s Allengers Medical Systems Ltd And State of Karnataka

Case No: WRIT PETITION No.17634 OF 2022

Citation: 2023 LiveLaw (Kar) 33

The Karnataka High Court has said that a tender inviting authority is empowered only to cancel the tender prior to notification of award and execution of the contract. Once the award is notified, it is statutorily impermissible to withdraw or cancel the tender except for violation of the tender conditions, said the court.

Justice M Nagaprasanna allowed the petition filed by M/s Allengers Medical Systems Limited and directed Karnataka State Medical Supplies Corporation Limited to issue purchase order for portable X-ray machines in favour of the company pursuant to the Tender Notification dated 27-10-2021 and award of tender in its favour, within 2 weeks.

Even After 75 Years Of Independence, Downtrodden People Can't Do Business Equally As Upper Caste People: Karnataka High Court

Case Title: Padmanabha N S & others v. State of Karnataka & ANR

Case no: WRIT PETITION NO.20228 OF 2021

Citation: 2023 LiveLaw (kar) 34

The Karnataka High Court, while refusing to quash proceedings against accused under the Schedule Caste and Scheduled Tribe (Prevention of Atrocities) Act, said that despite the completion of 75 years of independence of India, "the downtrodden people [are] not able to do any business equal to that of any other business people who were said to be in upper caste."

The court made the observation in the judgment on a petition seeking quashing of the proceedings against the petitioners. who had allegedly threatened a resort owner, belonging to the Wadda community (stone cutters).

Appoint Guest Lecturers In Govt Colleges Only If They Meet Minimum Educational Qualification Prescribed By UGC: Karnataka HC To State

Case Title: Ranjith Naik K V & Others And State of Karnataka & Others

Case No: WRIT PETITION NO.3079/2022 C/W WP NOS. 2240/2022, 3076/2022, 4470/2022, 4472/2022, 5345/2022, 5375/2022, 5447/2022, 5448/2022, 5832/2022, 8614/2022, 9460/2022, 9473/2022 9580/2022, 9682/2022, 10425/2022, 10432/2022, 10742/2022, 10818/2022, 10853/2022, 11194/2022, 11209/2022, 11720/2022, 11726/2022, 11880/2022, 11919/2022, 11945/2022, 12267/2022, 12293/2022, 12863/2022, 12884/2022, 13473/2022,13828/2022, 13984/2022, 14036/2022, 14051/2022, 14373/2022, 14576/2022, 15141/2022, 15540/2022, 15570/2022, 15591/2022, 15940/2022, 15966/2022 (S-RES)

Citation: 2023 LiveLaw (Kar) 35

The Karnataka High Court has suggested to the State Government to appoint guest lecturers in government colleges only if they meet the minimum educational qualification prescribed by the UGC.

A single judge bench of Justice B M Shyam Prasad made the observation while disposing of a batch of petitions filed by guest lecturers questioning the government order dated 14.01.2022, insofar as it stipulates that even a candidate who does not possess minimum educational qualification as prescribed by UGC, could be appointed provided such qualification is acquired within three years and if the minimum qualification is not acquired within those three years and after three years, the appointment of such applicants would be completely restricted.

Convict's Death Does Not Discharge His Liability To Pay Fine Imposed By Court, Can Be Recovered From His Estate: Karnataka High Court

Case Title: Thotlegowda v. State of Karnataka

Case No: CRIMINAL APPEAL NO. 165 OF 2012

Citation: 2023 LiveLaw (Kar) 36

The Karnataka High Court has said that death of the convict does not discharge his liability from paying fine and compensation imposed by court. It can be recovered from the property which goes to his legal heirs after his death and they are legally liable for payment of fine.

A single judge bench of Justice Shivashankar Amarannavar made the observation while dismissing an appeal filed by one Thotlegowda challenging the order by which he was convicted for the offence punishable under Section 135 and 138 of Indian Electricity Act, 2003 and directed to pay a fine amount of Rs 29,204.

Karnataka High Court Directs DGP To Hold Departmental Enquiry Against Police Officer For Inordinate Delay In Registering FIR Even After Magistrate's Order

Case Title: M Prakash And M Vinayaka & ANR

Case No: WRIT PETITION NO. 20269 OF 2022

Citation: 2023 LiveLaw (Kar) 37

The Karnataka High Court has directed the Director General and Inspector General of Police to hold a departmental enquiry against police inspector Praveen K.Y of the Cottonpet Police station, for failure to comply with the order passed by the Magistrate court directing registration of First Information Report on a private complaint of theft.

Justice M Nagaprasanna said lawful orders passed by the judicial authority are required to be scrupulously enforced by the police and failure to do so constitutes a constitutional tort arising out of breach of a fundamental right of access to justice for victims of crime. "Such breach amounts to serious misconduct and gross dereliction of duty justifying imposition of major penalty. Such gross dereliction of official duty by the Law Enforcement Agencies cannot be countenanced," the court said.

Administrative Tribunal Can Decide Disputes Regarding Classification Of Candidate's Category During Recruitment Process: Karnataka High Court

Case Title: Ameena Afroj And State of Karnataka & others

Case No: W.P.No.200032/2023

Citation; 2023 LiveLaw (Kar) 38

The Karnataka High Court has clarified that the Administrative Tribunal constituted under the Administrative Tribunals Act 1985, has the jurisdiction to consider all matters 'concerning recruitment' which includes all decisions from the date of publication of notification inviting applications for the government job posts to the orders of appointment.

A single judge bench Justice Anant Ramanath Hegde sitting at Kalaburagi bench gave the clarification while disposing of a petition filed by one Ameena Afroj, who had questioned the jurisdiction of the Tribunal in adjudicating over the challenge made by her to the decision of the Deputy Director of Public Instructions, classifying the petitioner as a General Merit candidate instead of under the category 2-B/KA-HK for selection to the post of a government school teacher.

Karnataka High Court Refuses To Quash Defamation Case Against News Reader, Says She Acted On Behalf Of Channel & Allegations Can't Be Bifurcated

Case Title: Shesha Krishna And Krishn Hegde

Case No: CRIMINAL PETITION NO.6027 OF 2022

Citation: 2023 LiveLaw (Kar) 39

The Karnataka High Court has refused to quash a defamation case registered against a news reader of Kannada news channel. A single judge bench of Justice K Natarajan dismissed the petition filed by Shesha Krishna who works for BTV News, refusing to accept one of the contention raised by her that she is only the news reader.

The bench said, “The allegation made against the accused persons cannot be bifurcated as the petitioner is the newsreader, acted on behalf of the accused Nos.1 (owner of channel) and 2 (reporter) which (news) was telecasted by the accused 1 and 2. Therefore, without petitioner-accused No.3, the proceedings against accused Nos.1 and 2 cannot be sustainable. Therefore, the petitioner is also required to face trial.”

Consider Applications Of Married Women For Primary Teacher Posts On Basis Of Caste & Income Certificates Of Parents, Not Spouses: Karnataka High Court

Case Title: Akshata Chougala & Others And State of Karnataka & Others.

Case No: WRIT PETITION NO. 23752 OF 2022

Citation: 2023 LiveLaw (kar) 40

The Karnataka High Court has granted relief to hundreds of applicants to the post of Graduate Primary Teachers who were placed in the General merit category by the State government as they had submitted the caste and income certificate of parents instead of the certificates of their spouse.

A single judge bench of Justice M Nagaprasanna allowed a batch of petitions and quashed the provisional select list insofar as it relates to the petitioners being brought under the general merit category.