Karnataka High Court Weekly Roundup: January 22 - January 28, 2024

Citations: 2024 LiveLaw (Kar) 35 To 2024 LiveLaw (Kar) 46Nominal Index:Raktima Khanum AND Union of India & Others. 2024 LiveLaw (Kar) 35Adichunchanagiri Maha Samstana Mutt AND State of Karnataka & Others. 2024 LiveLaw (Kar) 36 The New India Assurance Company Limited AND Sadika & Others. 2024 LiveLaw (Kar) 37Anjinamma & Others AND Mohammed Sajjad Sait & ANR . 2024 LiveLaw (Kar) 38 M/s Ownpath Learning Private Limited AND State By Intelligence Officer & ANR. 2024 LiveLaw (Kar) 39 K L Shivanna AND Deputy Commissioner, Tumkuru District. 2024 LiveLaw (Kar) 40M/s Achiever Agri India (P) Ltd & Others AND State By Sub Inspector Hebbagodi Police Station & Others. 2024 LiveLaw (Kar) 41 Master Thejas & Another AND C R Babu. 2024 LiveLaw (Kar) 42 ABC AND Union of India. 2024 LiveLaw (Kar) 43Chikkanna AND Karnataka State Bar Council & Others. 2024 LiveLaw (Kar) 44SHREE RAMACHANDRAPURA MATH AND State of Karnataka & Others. 2024 LiveLaw (Kar) 45Aishwaryagiri Constructions PVT Ltd AND State of Karnataka & Others. 2024 LiveLaw (Kar) 46Judgments/OrdersCentre Has Absolute Power To Expel Foreigners Who Overstay: Karnataka HC Dismisses Plea By Alleged Bangladeshi Spy Challenging 'Exit Permit'Case Title: Raktima Khanum AND Union of India & OthersCase No: Writ Petition No 26769 OF 2023Citation No: 2024 LiveLaw (Kar) 35The Karnataka High Court has said that the power of Government of India to expel nationals of other countries who overstay in the nation without any document is absolute and unfettered. A single judge bench of Justice M Nagaprasanna dismissed a petition filed by a Bangladeshi national Raktima Khanum who had questioned the issuance of exit permit to her by the Foreigners Regional Registration Office, which would result in her deportation to Bangladesh. It said, Any indulgence shown to the petitioner, on any kind of sympathy, would be putting fetters on the discretion of the Government, the FRRO and the Bureau of Immigration, more so in cases where there is even a semblance of threat to national security of any kind.”Rule Of Locus Standi Liberally Construed Where State Largesse Granted Illegally: Karnataka High Court Case Title: Adichunchanagiri Maha Samstana Mutt AND State of Karnataka & Others Case No: WRIT APPEAL NO. 769 OF 2Citation No: 2024 LiveLaw (Kar) 36 The Karnataka High Court has said that in matters concerning illegal grant of State largess, the rule of locus standi is to be liberally construed and that would serve the public interest.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed an appeal filed by Adichunchanagiri Maha Samstana Mutt challenging a single bench order wherein the court allowed the petition filed by private respondents and the grant of subject site in favour of the Mutt was set at naught with a direction for refund of allotment value to the appellant-Mutt. Principle Of Pay And Recover To Be Applied In Cases Where Driver's License Not Proved: Karnataka High Court Case Title: The New India Assurance Company Limited AND Sadika & OthersCase No: MFA NO. 9827 OF 2012Citation No: 2024 LiveLaw (Kar) 37The Karnataka High Court has held that in cases where it is not proved that deceased driver of a vehicle involved in a road accident possessed valid driving licence, the Claims Tribunal will have to apply principles of 'pay and recover' by directing the insurance company to deposit the compensation amount and recover it later from the owner of the vehicle.A single judge bench of Justice T.G. Shivashankare Gowda partly allowed the appeal filed by the New India Assurance Company Limited and modified the award passed by the Commissioner for Workmen's Compensation, Chitradurga District.Specific Relief Act | Adequacy Of Bank Balance Not Absolute Prerequisite To Prove Readiness &Willingness To Meet Contractual Obligations: Karnataka HC Case Title: Anjinamma & Others AND Mohammed Sajjad Sait & ANR Case No: R.S.A NO.808 OF 2023 C/W R.S.A No.1358 OFCitation No: 2024 LiveLaw (Kar) 38 The Karnataka High Court has held that though it is relevant to consider the bank balance of a party while considering the issue of his readiness and willingness to execute a sale agreement, it is not an absolute prerequisite to establish the same.A Single judge bench of Justice Sachin Shankar Magadum said, "A plaintiff's financial constraints, per se, should not be wielded as a prohibitory factor if its actions and expressions manifest a true desire to meet its contractual obligations and therefore, it is not solely contingent on financial largesse but encompasses a broader spectrum of commitment and integrity.”: Totality Of Circumstances To Be Considered Not Only Bank Balance to Ascertain Readiness And Willingness Of Party To Meet His Contractual Obligation.Karnataka HC Quashes Order Directing Freezing Of Startup Company's Bank Account After Director Was Accused Under NDPS Act Case Title: M/s Ownpath Learning Private Limited AND State By Intelligence Officer & ANR Case No: Writ Petition...

Karnataka High Court Weekly Roundup: January 22 - January 28, 2024

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