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

Citations: 2024 LiveLaw (Kar) 47 To 2024 LiveLaw (Kar) 57Nominal Index:M/s ICICI Lombard Company Ltd AND Ms Harshitha B & ANR. 2024 LiveLaw (Kar) 47Management of M/s Tata Advanced System Limited AND The Secretary To Department of Labour & Others. 2024 LiveLaw (Kar) 48K T Suresh & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 49K Sajan Aiyappa AND Deputy Commissioner and District Magistrate, Kodogu District. 2024 LiveLaw (Kar) 50Manikeppa Helavar AND The State Through Mudhol P.S. 2024 LiveLaw (Kar) 51Anurag Bagaria Versus The Income Tax Department. 2024 LiveLaw (Kar) 52ABC AND State of Karnataka. 2024 LiveLaw (Kar) 53H S Abdul Riyaz Basha AND State of Karnataka & Others. 2024 LiveLaw (Kar) 54Anil H Lad AND Authorised Officer, Punjab and National Bank. 2024 LiveLaw (Kar) 55MPHASIS LIMITED AND Ashok S Narayanpur. 2024 LiveLaw (Kar) 56Kushal Ram Reddy AND Bruhat Bengaluru Mahanagara Palike & Others. 2024 LiveLaw (Kar) 57Judgments/OrdersExtra Passenger On Bike Liable For Contributory Negligence To Accident: Karnataka High Court Case Title: M/s ICICI Lombard Company Ltd AND Ms Harshitha B & ANRCase No: Miscellaneous First Appeal No 5505 OF 2017Citation No: 2024 LiveLaw (Kar) 47The 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 & OthersCase No: Writ Petition No 7674/2023Citation No: 2024 LiveLaw (Kar) 48The 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 & OthersCase 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) 49The 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) 50The 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 ...

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

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