Karnataka High Court Weekly Round-Up: October 2 To October 8, 2023

Nominal Index: Bhimappa Gundappa Gadad And State of Karnataka. 2023 LiveLaw (Kar) 375ABC & State of Karnataka & Others. 2023 LiveLaw (Kar) 376K Y Nanjegowda & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 377High Court of Karnataka And Dr Ekta Singh. 2023 LiveLaw (Kar) 378Shivamma & Others AND Govind Malothu & ANR. 2023 LiveLaw (Kar) 379Rajesh Totaganti And State of Karnataka & Anr. 2023 LiveLaw (Kar) 380Megha J And Life Insurance Corporation of India. 2023 LiveLaw (Kar) 381Severine Lobo And State of Karnataka & Others. 2023 LiveLaw (Kar) 382High Court of Karnataka v State of Karnataka & Others. 2023 LiveLaw (Kar) 383ABC & XYZ. 2023 LiveLaw (Kar) 384.Judgments/OrdersKarnataka High Court Disapproves Government Advertisements That Contain Images Of Political Leaders But Not Legally Prohibited Case Title: Bhimappa Gundappa Gadad And State of KarnatakaCase No: WRIT PETITION NO. 20404 OF 2023Citation: 2023 LiveLaw (Kar) 375The Karnataka High Court has dismissed a public interest litigation seeking the removal of the names and photographs of Chief Minister Siddaramaiah, Deputy Chief Minister D K Shivakumar, and other concerned ministers from various advertisements and sanction orders related to government schemes called Gruhalakshmi and Gruha Jyothi Schemes.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit acknowledged that in a democratic republic like India, governments regularly communicate their policies and programs to the public, and such advertisements are a part of this process.Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court Case Title: ABC & State of Karnataka & OthersCase No: W.P.H.C NO.79 OF 2023Citation No: 2023 LiveLaw (Kar) 376The Karnataka High Court has refused to accept an ex-parte order passed by a court in Germany, granting custody of a 9 year old child to his mother who resides there.A division bench of Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda dismissed a petition filed by a woman seeking custody of her child who is presently residing with his father.The woman had argued that a German Court where she resides now has transferred the right to decide the place of residence and school in her favour. However, the court rejected this contention saying “It is an ex parte order passed by the German Court whilst the child was in India.”Karnataka High Court Allows Probe Against MLA For Allegedly Granting Govt Land To Ineligible Persons Case Title: K Y Nanjegowda & Others And State of Karnataka & ANRCase No: Writ Petition No 22072 of 2022.Citation No: 2023 LiveLaw (Kar) 377The Karnataka High Court has dismissed a petition filed by Congress MLA K.Y.Nanjegowda and three others seeking to quash a criminal case registered against them alleging the grant of government land worth around Rs 150 crore to ineligible persons in his capacity as Chairman and Members of Malur taluk Land Grant Committee in 2019.Justice M Nagaprasanna dismissed the petition and permitted further investigation against the petitioners noting that investigation should not be paused merely because one of the accused is an MLA.Merely because one of the petitioners is a Member of the Legislative Assembly, it is no law that no investigation should be conducted. As it is trite that every one, whether individually or collectively, is and are under the supremacy of the law; whoever they may be, however high may be, they are under the law, how powerful they are hardly matters, in a nation governed by rule of law.Karnataka High Court Closes Contempt Case Against Doctor Mother Who Failed To Comply With Custody Order, Directs Her To Do Community Service Case Title: High Court of Karnataka And Dr Ekta SinghCase No: 08-09-2023Citation: 2023 LiveLaw (Kar) 378The Karnataka High Court recently dropped the contempt proceedings initiated against a doctor after she tendered her unconditional apology and offered to engage herself a day of every calendar month in Community Services for six months in any Government Hospital of Bengaluru City.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit accepted the statement made by the woman and said “We accept the unconditional apology tendered by the Respondent /Accused treating her assurance as an undertaking given to this Court. We further make it clear that as per the said assurance/undertaking, if the Respondent/Accused approaches any of the Government Hospitals, they will permit her to render community services one full day in a month, for a period of six months from today.”Driver Not Holding Valid Driving License Doesn't Automatically Lead To Finding Of 'Contributory Negligence': Karnataka High Court Case Title: Shivamma & Others AND Govind Malothu & ANR Case No: MISCL First Appeal No 200517 of 2019Citation: 2023 LiveLaw (Kar) 379The Karnataka High Court has reiterated that though driving a vehicle without a licence is an offence but the same by...

Karnataka High Court Weekly Round-Up: October 2 To October 8, 2023

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