Karnataka High Court Weekly Round-Up: April 15 - April 21, 2024

Nominal Index: Rangaswamy AND Ravi Kumar. 2024 LiveLaw (Kar) 175 S.V.T PRODUCTS AND S.S PANDIAN AND SONS. 2024 LiveLaw (Kar) 176 Ninganna & Others AND State by Nanjangud Rural Police. 2024 LiveLaw (Kar) 177 B Lakshmidevi AND Rizwan Arshad. 2024 LiveLaw (Kar) 178 Dr Vidyavanthi U Patil AND State of Karnataka. 2024 LiveLaw (Kar) 179 Prof Dr Kaushik Majumdar AND Indian Statistical Institute & Others. 2024 LiveLaw (Kar) 180 Shashikala Jolle And State of Karnataka & ANR. 2024 LiveLaw (Kar) 181 H.M. TAMBOURINE APARTMENT OWNERS ASSOCIATION & Others AND Bangalore Development Authority & ANR. 2024 LiveLaw (Kar) 182 Buoyant Technology Constellations Pvt Ltd v. Manyata Infrastructure Developments Pvt Ltd. 2024 LiveLaw (Kar) 183 M/s Azeem Infinite Dwelling v. M/s Patel Engineering. 2024 LiveLaw (Kar) 184 Chairman Central Board Of Direct Taxes AND K Chandrika. 2024 LiveLaw (Kar) 185 Judgments/Orders [Cheque Dishonour] When Defence Of Accused Is Not Believable, Court Can Infer That He Issued A Cheque For The Said Transaction: Karnataka HC Case Title: Rangaswamy AND Ravi Kumar Case No: CRIMINAL REVISION PETITION NO. 841 OF 2020 Citation No: 2024 LiveLaw (Kar) 175 The Karnataka High Court has held that in a case of dishonour of cheque registered under the Negotiable Instruments Act when the defence of the accused is not believable, inference can be drawn by the court that he made a transaction with the complainant and issued a cheque for the said transaction. A single judge bench of Justice S Rachaiah observed thus while dismissing a petition filed by one Rangaswamy challenging the order of the conviction passed by the trial court under Section 138 of the Act. Burden On Defendant To Rebut Presumption As To Prima Facie Validity Of Registered Trademark In Suit Against Infringement: Karnataka High Court Case Title: S.V.T PRODUCTS AND S.S PANDIAN AND SONS Case No: MFA NO.2680 OF 2023 Citation No: 2024 LiveLaw (Kar) 176 The Karnataka High Court has dismissed the appeal filed by a partnership firm challenging trial court's temporary injunction order restraining it from infringing original plaintiff's registered trademark "Hotel Special", in relation to marketing of asafoetida (Hing). A single judge bench of Justice Anant Ramanath Hegde observed that registration of trademark is granted by the authority after due application of mind. Thus, it held, “Once the trade mark is registered, Section 31(1) of the Act of 1999, confers a prima facie validity to the registered trademark. The presumption as to its prima facie validity is of course rebuttable. This being the position, when an interim order is sought to restrain the alleged infringement of a registered trade mark, the burden is on the defendant to rebut the presumption as to the prima facie validity of the trade mark.” Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence Case Title: Ninganna & Others AND State by Nanjangud Rural Police Case No: CRIMINAL APPEAL NO. 1229 OF 2019 Citation NO: 2024 LiveLaw (Kar) 177 The Karnataka High Court has set aside the murder conviction and life sentence imposed on three accused of setting ablaze a woman. Citing prosecution's failure to establish its case beyond reasonable doubt, a Division bench of Justice Sreenivas Harish Kumar and Justice S Rachaiah remarked, “It appears that the trial court has morally convicted the accused in the absence of legal proof.” The woman, a married lay, allegedly had an affair with the third accused. As per prosecution, all three accused (including parents of third accused) invited the woman to their house and set her on fire. She succumbed to the burn injuries a week later. Promises Published In Election Manifesto Of Political Parties Doesn't Amount To Corrupt Practices By Contesting Candidates: Karnataka High Court Case Title: B Lakshmidevi AND Rizwan Arshad Case No: ELECTION PETITION No.14/2023 Citation No: 2024 LiveLaw (Kar) 178 The Karnataka High Court has dismissed an election petition filed by a voter in Shivajinagar Assembly Constituency, seeking to declare the election of Rizwan Arshad as Member of Legislative Assembly as void, on allegation of indulging in corrupt practice. A single judge bench of Justice S Vishwajith Shetty dismissed the petition filed by B Lakshmidevi, saying, “Since for the purpose of Section 123 of the Act, the promise or assurance should be made by the candidate or his agent or by any other person with the consent of the candidate or his election agent, in the absence of any material which would prima facie show that the five guarantees or promises published in the election manifesto by the political party, of which the respondent was a candidate in ...

Karnataka High Court Weekly Round-Up: April 15 - April 21, 2024

Mustafa Plumber

Tags