Karnataka High Court Weekly Roundup: August 5 to August 11, 2024

Nominal Index: Bashirahmed AND Surayya & Others. 2024 LiveLaw (Kar) 353 THE RELIANCE GENERAL INSURANCE COMPANY LIMITED AND SUPREETH S. @ SUPREETH & Others. 2024 LiveLaw (Kar) 354 Dr Anil Khurana AND Dr Amargouda L Patil & Others. 2024 LiveLaw (Kar) 355 DR. AMIRTHALAKSHMI R AND State of Karnataka & Others. 2024 Live Law (Kar) 356 Francis Zavier W AND MM Mathew. 2024 LiveLaw (Kar) 357 S Nagarajan & ANR AND Nadoja Dr Mahesh Joshi. 2024 LiveLaw (Kar) 358 Debhashish Sinha & Others AND State of Karnataka. 2024 LiveLaw (Kar) 359 Satyalaxmi Rao & Others AND State of Karnataka & Others. 2024 Live Law (Kar) 360 Life Insurance Corporation AND Sourabh. 2024 LiveLaw (Kar) 361 Dr. Namratha NR and Karnataka Medical Council & Others. 2024 LiveLaw (Kar) 362 Santhosh Shet AND State of Karnataka. 2024 LiveLaw (Kar) 363 PCIT Versus Smt. Umah Agarwal. 2024 LiveLaw (Kar) 364 Judgments/Orders Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court Case Title: Bashirahmed AND Surayya & Others Case No: MISCELLANEOUS FIRST APPEAL NO. 101005 OF 2015 Citation No: 2024 LiveLaw (Kar) 353 The Karnataka High Court has said that a suit filed by a wife before the family court to seek a declaration of share in property of her divorced husband as agreed in the terms of divorce, is maintainable. A division bench of Justices Krishna S Dixit and Vijaykumar A Patil dismissed an appeal filed by the ex-husband questioning the jurisdiction of the family court to declare that the divorced wife was entitled to 1/4th share in his suit house property, by way of partition as per Section 24 of Code of Civil Procedure and restraining him from permanently alienating the property. [Motor Accidents] Insurance Companies Liable To Pay Amount Awarded Under 'Future Prospects' Along With Interest: Karnataka HC Case Title: THE RELIANCE GENERAL INSURANCE COMPANY LIMITED AND SUPREETH S. @ SUPREETH & Others Case No: M.F.A. NO. 511 OF 2020 (MV-D) C/W M.F.A. CROB. NO. 40 OF 2022. Citation No: 2024 LiveLaw (Kar) 354 The Karnataka High Court has held that in case of motor accidents, insurance companies are liable to pay the awarded amount under the head of future prospects, together with the banking rate of interest which is prevalent during the relevant time. A division bench of Justice K Somashekar and Justice Dr Chillakur Sumalatha held thus while deciding the appeal filed by the Reliance General Insurance Company Limited, challenging the order of the Motor Accidents Claim Tribunal, which allowed the claim petition filed by the legal heirs of the deceased Supreet. The tribunal had awarded interest over the amount that was fixed toward the loss of future prospects. Can't Sit In Appeal Over Expert Decisions: Karnataka HC Quashes Order Setting Aside Appointment Of National Commission For Homeopathy Chairperson Case Title: Dr Anil Khurana AND Dr Amargouda L Patil & Others Case No: WRIT APPEAL No.242/2024 (S-RES) C/W WRIT APPEAL No.366/2024 (S-RES) WRIT APPEAL CROB. No.2/2024 Citation No: 2024 LiveLaw (Kar) 355 The Karnataka High Court has quashed an order passed by the single judge bench which set aside the appointment of Dr. Anil Khurana, to the post of Chairperson, National Commission for Homoeopathy. A division bench of Chief Justice N V Anjaria and Justice K V Aravind allowed the appeal filed by Khurana questioning the order dated 10.01.2024, made on the petition filed by DR. Amargouda L Patil. Bill Has Not Assumed Character Of Law: Karnataka HC Dismisses Plea Challenging Draft Bill Providing Reservation To Kannadigas In Private Employment Case Title: DR. AMIRTHALAKSHMI R AND State of Karnataka & Others Case No: WP 19644/2024 Citation No: 2024 Live Law (Kar) 356 The Karnataka High Court on Tuesday dismissed a public interest litigation challenging the constitutional validity of the draft bill approved by the State cabinet for providing 50% reservation in management and 70% in non-management posts for Kannadigas in private industries and other organisations of the state. A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by Dr Amirthalakshmi R. The petition had prayed for withdrawal of the bill till the constitutional challenges had been resolved and for staying the implementation of the same. Trial Court Must Assign Special Reasons For Imposing Double The Cheque Amount As Fine In Cheque Dishonour Cases: Karnataka High Court Case Title: Francis Zavier W AND MM Mathew Case No: CRIMINAL REVISION PETITION NO. 1414 OF 2021 Citation No: 2024 LiveLaw (Kar) 357 The Karnataka High Court has said that special reasons are to be assigned by the trial court while imposing double the cheque amount as fine on holding the accused guilty for offence punishable under...

Karnataka High Court Weekly Roundup: August 5 to August 11, 2024

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