Karnataka High Court Weekly Round-Up: July 31 To August 6, 2023

Nominal Index:

M/s Masturlal (Pvt) Ltd And Government of India. 2023 LiveLaw (Kar) 289

Mustafa s/o Maktumsab Rasoolanavar And The State of Karnataka. 2023 LiveLaw (Kar) 290

Emmanuel Michael And Union of India. 2023 LiveLaw (Kar) 291

Lok Shikshan Trust & Others And Davalsab S/O Malliksab Nadaf. 2023 LiveLaw (Kar) 292

Nabisab s/o. Huchchesab Agnnamani AND Hatelsab s/o Huchchedab Sannamani. 2023 LiveLaw (Kar) 293

Vittal And The PSI of Bableshwar Police Station. 2023 LiveLaw (Kar) 294

A Amarnath Chagu And Union of India. 2023 LiveLaw (Kar) 295

FIS Payment Solutions And Services India Private Limited Vesrsus The State Of Karnataka. 2023 LiveLaw (Kar) 296

Judgments/Orders

Karnataka HC Refuses To Quash Criminal Case Against Company For Not Furnishing Statistical Data, Says It Impacts Nation's Economic Policy

Case Title: M/s Masturlal (Pvt) Ltd And Government of India

Case No: CRIMINAL PETITION No.4639 OF 2022

Citation: 2023 LiveLaw (Kar) 289

The Karnataka High Court has rejected a petition filed by a company M/s Masturlal (PVT) Ltd seeking to quash the proceedings initiated against it under the provisions of the Collection of Statistics Act, 2008 for non-furnishing of statistical data, to the Government.

A single judge bench of Justice M Nagaprasanna said, “Non-furnishing of data by a company, though may seem to be a trivial offence but in effect, snowballs into an indelible impact on the planning of the economic policies of a nation, as the development goals of a nation becomes stacks. Therefore, statistical data, inter alia, becomes the life blood of economic policy making of a nation.”

Karnataka Motor Vehicle Rules | Amount Of Security For Release Of Seized Vehicle Can't Be Fixed Randomly: High Court

Case Title: Mustafa s/o Maktumsab Rasoolanavar And The State of Karnataka

Case No: Criminal Revision Petition No. 100268 of 2023 (397-)

Citation: 2023 LiveLaw (Kar) 290

The Karnataka High Court has made it clear that when asking for deposit of amount for release of seized vehicle to the interim custody of the owner under Rule 232-G of Karnataka Motor Vehicle Rules, the Court has to take into consideration the probable value of the vehicle and the amount of security cannot be randomly fixed without any basis.

Petitioner Mustafa Rasoolanava had approached the Court questioning the order of the trial court passed on the application made by him under section 457 CrPC for release of his tractor. The trial court had ordered him to deposit cash of Rs.5,00,000 in court towards security and also to execute an indemnity bond of the like amount, for interim custody of the tractor, which was seized in an offence registered with the Dharwad Rural Police station under Sections 279, 283, 338, 304(A) of IPC.

Second Stint Of Police Custody After Judicial Custody Of Accused Not Permissible: Karnataka High Court

Case Title: Emmanuel Michael And Union of India

Case No: WP 17961/2021

Citation: 2023 LiveLaw (Kar) 291

The Karnataka High Court has made it clear that an accused cannot be remanded to police custody a second time in the same case after the accused has been in judicial custody for a long time.

A Single judge bench of Justice M Nagaprasanna partly allowed the petition filed by one Emmanuel Michael who is charged for offences under the Narcotics Drugs and Psychotropic Substances Act (NDPS Act) and declared as illegal the grant of police custody by the special court, six months after he was arrested and remanded to judicial custody.

Media Has Social Responsibility To Maintain Peace, Using Words 'Taliban' 'Goonda' Mentality Per Se Intolerable: Karnataka High Court

Case Title: Lok Shikshan Trust & Others And Davalsab S/O Malliksab Nadaf

Case No: CRIMINAL PETITION NO. 100541 OF 2020 (482-) C/W CRIMINAL PETITION NO. 100540 OF 2020 CRIMINAL PETITION NO. 100542 OF 2020 CRIMINAL PETITION NO. 100543 OF 2020

Citation: 2023 LiveLaw (Kar) 292

The Karnataka High Court has said that journalists, print and electronic media cater to the needs of the general public by publishing important news items and they owe a social responsibility to maintain peace and tranquillity.

A single judge bench of Justice V Srishananda sitting at Dharwad said publication of news items has wide implications on the society at large and therefore, reports carried out in the print and electronic media are required to be strictly in accordance with the guidelines issued by the Press Council of India. It added, “Using the words 'Taliban', 'Goonda', 'Pundatike' are per se intolerable and beyond the scope of the guidelines issued by the Press Council of India...Members of the print and electronic media are expected to carry news items in a most decent manner.”

Child Born In 'Batil' Marriage Is Illegitimate, Has No Right To Succession Of Father's Property: Karnataka High Court

Case Title: Nabisab s/o. Huchchesab Agnnamani AND Hatelsab s/o Huchchedab Sannamani

Case No: REGULAR SECOND APPEAL NO. 1467 OF 2007

Citation: 2023 LiveLaw (Kar) 293

The Karnataka High Court has said that a son, born in 'Batil' marriage (void-ab-initio) under Mohammadan Law, is illegitimate and does not possess any right of succession under the law.

A single judge bench of Justice V Srishananda allowed the appeal filed by one Nabisab Agnnamani (original plaintiff) and set aside the order of the first appellate court which granted half share of ancestral property to Hatelsab Sannamani (original defendant), holding him to be a legitimate son born to Fakiramma through Huchchesab who is the father of the plaintiff.

Karnataka High Court Directs DGP To Issue SOP To All SHOs For Compliance Of Lalitha Kumari Judgment On Registration Of FIR

Case Title: Vittal And The PSI of Bableshwar Police Station

Case No: Writ Petition No. 201668/2023

Citation No: 2023 LiveLaw (Kar) 294

The Karnataka High Court has directed the Director General of Police (DGP) to issue necessary circular/SOP to all (police) Station House Officers in respect of the directions issued in Lalita Kumari's case, regarding registration of FIRs when a cognizable offence is made out in the complaint and instruct them to follow it scrupulously.

A single judge bench of Justice Suraj Govindaraj sitting at Kalaburagi gave the direction while allowing the petition filed by one Vittal. He had approached the court stating that complaint made by him on November 18, 2022 against certain persons has not been registered as a FIR by the respondent-police and no action has been taken thereon.

Centre Agrees In Karnataka High Court To Consider Representation Seeking Enquiry On 'Havana Syndrome' In India

Case Title: A Amarnath Chagu And Union of India

Case No: WRIT PETITION NO. 22221 OF 2021

Citation: 2023 LiveLaw (Kar) 295

The Union Government has informed the Karnataka High Court that it would look into the representation made to it for conducting an enquiry on possibility of ‘Havana Syndrome’ in India.

A single judge bench of Justice Krishna S Dixit disposed of the petition filed by one A Amarnath Chagu and directed the Union Government to consider his representation in three months.

Havana Syndrome is a mysterious neurological illness that is said to have struck American diplomats and spies in many parts of the world. Many US officials and their family members have reported symptoms of the illness, which include migraines, nausea, memory lapses, and dizziness. American officials deputed at the US embassy in Cuba first reported the symptoms in 2016

ATM Management Service To Banks Are Pure Services, No VAT Payable: Karnataka High Court Quashes Re-assessment

Case Title: FIS Payment Solutions And Services India Private Limited Vesrsus The State Of Karnataka

Case No.: Writ Petition No. 9550 Of 2020 (T-RES)

Citation; 2023 LiveLaw (Kar) 296

The Karnataka High Court has quashed the re-assessment and held that ATM management services to banks are pure services and will not attract Value Added Tax (VAT).

The bench of Justice S.R. Krishna Kumar has observed that the transaction is a pure service transaction, not entailing any transfer of property or effective control of the goods to the recipient. The various terms of the Agreements with the Banks disclose that the only intent of the contract is the provision of ATM management services, for which the petitioners deploy ATMs and other assets at various sites across India. The petitioners use the ATMs and other assets merely as a means for providing ATM management services to banks.