Karnataka High Court Weekly Round-Up: February 5 - February 11, 2024

Citations: 2024 LiveLaw (Kar) 58 To 2024 LiveLaw (Kar) 69Nominal Index:ABC & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 58P V Rudrappa AND State of Karnataka. 2024 LiveLaw (Kar) 59M/S. NORTHROOF VENTURES PRIVATE LIMITED AND M/S. XYNC STRUCTURAL SOLUTIONS PVT. LTD. 2024 LiveLaw (Kar) 60Siddaramaiah AND State of Karnataka. 2024 LiveLaw (Kar) 61Ranga Trilochana Bedi @ R.T Bedi AND Kabir Bedi. 2024 LiveLaw (Kar) 62M R Mohan Kumar & Others AND NIL. 2024 LiveLaw (Kar) 63ABC and XYZ. 2024 LiveLaw (Kar) 64ABC AND XYZ. 2024 LiveLaw (Kar) 65The Divisional Manager, The New India Assurance Company Limited AND Sidram Vithoba Maragali. 2024 LiveLaw (Kar) 66Dr. Bavaguthu Raghuram Shetty and Bureau Of Immigration. 2024 LiveLaw (Kar) 67A Adinarayana Reddy AND S Vijayalakshmi & ANR. 2024 LiveLaw (Kar) 68.Central Relief Committee AND Deputy Commissioner Bengaluru District & Others. 2024 LiveLaw (Kar) 69Judgments/OrdersEffective Discipline Requires Balance Of Punishment & Positive Reinforcement: Karnataka HC Quashes Abetment Case Against Principal, Teacher Over Suicide Of 2 Students Case Title: ABC & ANR AND State of KarnatakaCase No: Criminal Revision Petition No 924 OF 2016Citation No: 2024 LiveLaw (Kar) 58The Karnataka High Court has quashed a case of abetment to suicide registered against a principal and school teacher after two children studying in a school committed suicide and left a suicide note holding them responsible for their act.A single-judge bench of Justice G Basavaraja allowed the plea filed by the petitioners and discharged them for the offences under section 306 of the Indian Penal Code. In doing so the court said “It is [not] uncommon that teachers reprimand a student for not being attentive or not being up to the mark in the studies or for bunking classes or for not attending the school. The prosecution papers, including the voluntary statement of the accused, reveals that only in order to safeguard the future educational interest of the deceased students, as they were not up to the mark in preparatory examination, accused have taken special coaching classes to them. As often whispered, teachers are nation builders, who can build the nation solid and strong by imparting the right education among their students. Discipline can improve students' character and analytical skills – which are important to succeed in life. ffective discipline requires a balance between punishment and positive reinforcement.”Disciplinary Authority Should Consider Acquittal Order Before Awarding Penalty Of Dismissal From Service: Karnataka High Court Case Title: P V Rudrappa AND State of KarnatakaCase NO: Writ Petition No 9642 OF 2020Citation No: 2024 LiveLaw (Kar) 59The Karnataka High Court has quashed an order passed by State Administrative Tribunal whereby the penalty of dismissal from service was imposed on a former Panchayat Development Officer, accused of demanding and accepting bribes.A division bench of Justice Krishna S Dixit and Justice G Basavaraj allowed the petition filed by P V Rudruppa and said, “Cases of mindless sacking of employees nowadays galore. Proportionality in penalty is rarely seen. We say this with a lot of penury at heart. “Petitioner was a victim, we repeat. Strangely, justice eluded him even at the level of Service Law Tribunal. This happened when there is absolutely no material to prima facie substantiate the allegations of demand & acceptance of bribe for doing the public duty.”Pending Registration Of Company Under MSMED Act, Council Has No Jurisdiction To Initiate Conciliation And Refer Dispute For Arbitration: Karnataka HC Case Title: M/S. NORTHROOF VENTURES PRIVATE LIMITED AND M/S. XYNC STRUCTURAL SOLUTIONS PVT. LTD.,Case No: Writ Petition No 5509 OF 2023.Citation No: 2024 LiveLaw (Kar) 60The Karnataka High Court has held that a company which at the time of raising a money claim dispute has not been registered under the Micro Small And Medium Enterprises Development Act, 2006, it then cannot approach the Micro and Small Enterprises Facilitation Council, seeking to initiate conciliation proceedings over the dispute and on failure of the same the Council cannot refer the matter for Arbitration.A single judge bench of Justice M Nagaprasanna allowed the petition filed by M/s. NORTHROOF VENTURES PRIVATE LIMITED and quashed the order passed by the Arbitral Tribunal dated 07.01.2023 and 22.02.2023, rejecting its application to decide the issue of jurisdiction and maintainability of the proceedings. Karnataka HC Refuses To Quash Case Against CM Siddaramaiah For Alleged Illegal March In 2022, Directs Him To Appear Before Special Court Case Title: Siddaramaiah AND State of KarnatakaCase No: CRL.P 7533/2023Citation No: 2024 LiveLaw (Kar) 61The Karnataka High Court on Tuesday dismissed a petition filed by Chief Minister Siddaramaiah, Congress' State incharge Randeep Singh Surjewala, and legislators Ramalinga Reddy and MB Patil, seeking to quash a criminal case registered against them in 2022 for alleged...

Karnataka High Court Weekly Round-Up: February 5 - February 11, 2024

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