Karnataka High Court Weekly Roundup: January 29 To February 4, 2024

Citations: 2024 LiveLaw (Kar) 47 To 2024 LiveLaw (Kar) 57

Nominal Index:

M/s ICICI Lombard Company Ltd AND Ms Harshitha B & ANR. 2024 LiveLaw (Kar) 47

Management of M/s Tata Advanced System Limited AND The Secretary To Department of Labour & Others. 2024 LiveLaw (Kar) 48

K T Suresh & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 49

K Sajan Aiyappa AND Deputy Commissioner and District Magistrate, Kodogu District. 2024 LiveLaw (Kar) 50

Manikeppa Helavar AND The State Through Mudhol P.S. 2024 LiveLaw (Kar) 51

Anurag Bagaria Versus The Income Tax Department. 2024 LiveLaw (Kar) 52

ABC AND State of Karnataka. 2024 LiveLaw (Kar) 53

H S Abdul Riyaz Basha AND State of Karnataka & Others. 2024 LiveLaw (Kar) 54

Anil H Lad AND Authorised Officer, Punjab and National Bank. 2024 LiveLaw (Kar) 55

MPHASIS LIMITED AND Ashok S Narayanpur. 2024 LiveLaw (Kar) 56

Kushal Ram Reddy AND Bruhat Bengaluru Mahanagara Palike & Others. 2024 LiveLaw (Kar) 57

Judgments/Orders

Extra Passenger On Bike Liable For Contributory Negligence To Accident: Karnataka High Court

Case Title: M/s ICICI Lombard Company Ltd AND Ms Harshitha B & ANR

Case No: Miscellaneous First Appeal No 5505 OF 2017

Citation No: 2024 LiveLaw (Kar) 47

The Karnataka High Court has made it clear that an extra passenger riding on a two-wheeler motor vehicle is liable to contributory negligence if involved in an accident.

While dealing with an appeal from an order of the Motor Accident Claims Tribunal, Justice Hanchate Sanjeev Kumar said that a claimant, if knowing fully well that there were four persons riding on a motorcycle meets with an accident, then the claimant contributes to negligence towards the accident.

"There were four persons riding on the motorcycle. The claimant is one of the pillion riders. Hence, the claimant knowing fully well that there were four persons riding on the motorcycle, hence invited risk for herself while travelling on the motorcycle being a pillion rider. Therefore, the claimant has also contributed her negligence towards the accident," the order stated.

Industrial Disputes Act | Any Dispute Regarding Absorption Or Regularisation Can Only Be Raised By Labour Union On Behalf Of Workman: Karnataka HC

Case Title: Management of M/s Tata Advanced System Limited AND The Secretary To Department of Labour & Others

Case No: Writ Petition No 7674/2023

Citation No: 2024 LiveLaw (Kar) 48

The Karnataka High Court has said that a claim before the Industrial Tribunal by an individual workman regarding his absorption and regularisation in a company can be raised only through a Union representing the workman not by himself.

A single judge bench of Justice K S Hemalekha allowed the petition filed by the Management of M/s Tata Advanced System Limited and set aside the order of reference dated 06.02.2023 issued by the Department of Labour directing the Tribunal, to adjudicate whether respondent No.2 (Rudrachari) was justified in raising the dispute regarding the regularisation/permanency of his job with the petitioner company and subsequent relief, if any.

Municipality Can't Forcibly Evict Lessee/Licensee On Expiry Of Lease/License Without Order Of Judicial Or Quasi Judicial Authority: Karnataka HC

Case Title: K T Suresh & Others AND State of Karnataka & Others

Case No: WRIT PETITION NO. 12105 OF 2022 C/W WRIT PETITION NO. 4167 OF 2022 WRIT PETITION NO. 13933 OF 2023.

Citation No: 2024 LiveLaw (Kar) 49

The Karnataka High Court has held that on expiry of lease/licence executed by a Municipal Corporation such Corporation cannot forcibly vacate the persons in occupation, but is required to follow the procedure prescribed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, or Transfer of Property Act.

A single-judge bench of Justice Suraj Govindaraj directed the Secretary, Urban Development Department to instruct all the Corporations, Municipalities coming under its jurisdiction to follow due process of law and not resort to forcible possession of the premises.

The bench gave these directions while allowing a batch of pleas filed by the tenants of Mysuru Municipality, who were forcibly evicted by the respondent officials when they did not vacate the premises allotted to them.

Renowned Shooter Can Possess 10 Arms, 1 Lakh Ammunition: Karnataka High Court

Case Title: K Sajan Aiyappa AND Deputy Commissioner and District Magistrate, Kodogu District.

Case No: Writ Petition No 6359 of 2023.

Citation No: 2024 LiveLaw (Kar) 50

The Karnataka High Court has directed the Deputy Commissioner of Kodagu district to consider the application of a renowned shooter for grant of four more arms and 25,000 ammunition.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by K. Sajan Aiyappa and quashed the final notice dated 28.12.2022 issued by the Deputy Commissioner, which directs the petitioner to divulge the minimum qualifying marks of his claim of him being a Renowned Shooter.

It said “The communication impugned is neither here nor there. It does not consider the application nor seeks any relevant information. It is issued only to drag the issue further. On that score it is rendered unsustainable.”

Humiliation Suffered By Victim Can't Be Ignored While Considering Recall Application Of Accused: Karnataka High Court In Rape Case

Case Title: Manikeppa Helavar AND The State Through Mudhol P.S

Case No: Criminal Petition No 201853 of 2023.

Citation No: 2024 LiveLaw (Kar) 51

The Karnataka High Court has rejected an application moved by a rape accused seeking to recall the victim for cross-examination, a year after her cross examination was closed.

A single judge bench of Justice Rajendra Badamikar sitting at Kalaburagi said, “The victim was already humiliated by kidnap, rape and illegal confinement and she was elaborately cross-examined in the Court. After one year, again the witness was being sought to be recalled without disclosing before the learned Special Judge as to what questions are required to be posed. Since this is a sensitive matter, humiliation going to be suffered by the victim cannot be ignored and merely because the petitioner wants to recall the victim or a witness, the Court is not bound to recall a witness.”

Revised Returns Filed Waiving Claim And Paid Taxes: Karnataka High Court Quashes Section 276C(1) Prosecution For Wilful Tax Evasion

Case Title: Anurag Bagaria Versus The Income Tax Department

Case No.: Criminal Petition No.909 Of 2017

Citation No: 2024 LiveLaw (Kar) 52

The Karnataka High Court has quashed the prosecution under Section 276C(1) of the Income Tax Act for wilful tax evasion.

The bench of Justice M. Nagaprasanna has observed that the assessees filed revised returns, waiving their claim for short-term capital loss and long-term capital gains, and also paid taxes, the moment the search was conducted and the assessment proceedings commenced.

Karnataka HC Grants Anticipatory Bail To Man Accused Of Forwarding Obscene Image Of 'Woman Covered With National Flag, Depicting Incident In Manipur'

Case Title: ABC AND State of Karnataka

Case No: Criminal Petition No 103706 of 2023.

Citation No: 2024 LiveLaw (Kar) 53

The Karnataka High Court recently granted anticipatory bail to an accused who had forwarded a picture he received as a WhatsApp message related to a half-naked woman covered with the National Flag depicting the incident that had taken place in Manipur State.

A single judge bench of Justice S Vishwajith Shetty allowed the plea and said “The petitioner is directed to be enlarged on bail in the event of his arrest in Crime No.144/2023 registered by the Siruguppa police station, Ballari district for the offence punishable under Section 67 of the Information Technology Act. Petitioner shall execute a personal bond for a sum of Rs.1,00,000, with 01 surety for the like-sum to the satisfaction of the Investigating Officer.”

Karnataka Industrial Area Development Act | High Court Sets Aside 2009 Notification For Land Acquisition Upon Noting No Steps Were Taken For 14 Yrs

Case Title: H S Abdul Riyaz Basha AND State of Karnataka & Others

Case No: Writ Petition 26117 of 2022

Citation No: 2024 LiveLaw (Kar) 54

The Karnataka High Court has observed that the Karnataka Industrial Area Development Board (KIADB) which is entrusted to establish and develop industries in suitable areas in the State, must first determine the area that is required for the establishment of industries after conducting a study and only thereafter venture to acquire the lands.

A Single judge bench of Justice M I Arun made the observations while allowing a plea filed by H S Abdul Riyaz Basha whose land was notified for acquisition under a preliminary notification, but no final notification was passed for the last 14 years.

The court said “The Karnataka Industrial Areas Development Act, 1966 is enacted to make provision for the orderly establishment and development of industries in suitable areas in the State. To achieve this object, the Karnataka Industrial Areas Development Board is established and it is required to specify areas for industrial development and make available land therein for establishment of industries.”

Karnataka High Court Denies Relief To Landowner Who Approached Court With 9 Yrs Delay, Compares Him To 'Rip Van Winkle'

Case Title: Anil H Lad AND Authorised Officer, Punjab and National Bank

Case No: Writ Petition 467 OF 2024

Citation No: 2024 LiveLaw (Kar) 55

The Karnataka High Court has refused relief to a landowner who challenged the bank auction sale of his land on failure to repay the loan, nine years after the sale took place.

A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by Anil H Lad, referred to the short story of Rip Van Winkle, penned by American author Washington Irving in the year 1819, about a Dutch – American who falls asleep and wakes up after twenty years, only to see a changed world, having missed the American revolution, on waking up from deep slumber.

Then it said “The doors of this Court to such Rip Van Winkles is not ajar but closed.”

Industrial Disputes Act | Project Leader Can't Be Implied To Be Doing Clerical, Manual Or Technical Work: Karnataka HC Sets Aside Labour Court Order

Case Title: MPHASIS LIMITED AND Ashok S Narayanpur

Case No: WRIT PETITION No.5443/2021

Citation No: 2024 LiveLaw (Kar) 56

The Karnataka High Court has said that an employee working as a project lead in an Information Technology Services and Consulting company, would not come in any of the classifications envisaged under Section 2 (s) of the Industrial Disputes Act and the Labour Court has no jurisdiction to order his reinstatement.

A single judge bench of Justice K S Hemalekha allowed the plea filed by Mphasis Ltd and set aside the award of the Labour Court holding that Ashok S Narayanpur, the employee, was a workman as defined under Section 2(s) of the ID Act and that the petitioner refusing employment to him from 29.08.2016 was not justifiable. The Labour Court directed his reinstatement to his original post and further held that the respondent is entitled to continuity of service and all other future consequential benefits.

Karnataka High Court Issues 'Preventive Measures' To Be Adopted By BBMP To Curb Unauthorised Constructions

Case Title: Kushal Ram Reddy AND Bruhat Bengaluru Mahanagara Palike & Others

Case No: Writ Petition No 11261 of 2023.

Citation No: 2024 LiveLaw (Kar) 57

The Karnataka High Court has issued general directions to the Bruhat Bengaluru Mahanagara Palike (BBMP) suggesting preventive steps to be taken so that new constructions are not carried out in violation of building plans.

A single judge bench of Justice Suraj Govindaraj took on record the office order dated 27.07.2023 issued by the Chief Commissioner to all the officers enclosing the flowcharts showing stages of action to be taken for removal of violated portion and demolition of unauthorised construction, as also the table showing the timeline for officers for taking action for unauthorised construction.