Karnataka High Court Weekly Roundup: March 4 - March 10, 2024

Citations: 2024 LiveLaw (Kar) 108 To 2024 LiveLaw (Kar) 118Nominal Index:Hemachandra M Kuppalli AND M/s R.B.Green Field & Others. 2024 LiveLaw (Kar) 108The Karnataka Power Corporation Limited & ANR AND K.N. Ningegowda & Others. 2024 LiveLaw (Kar) 109ABC AND XYZ. 2024 LiveLaw (Kar) 110Arunkumar R & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 111Umashankara C & Others AND Registrar General & ANR. 2024 LiveLaw (Kar) 112XXX AND The Registrar General & Others. 2024 LiveLaw (Kar) 113Registered Unaided Private Schools Management Association & Another AND State of Karnataka & Ors. 2024 LiveLaw (Kar) 114Dhanayya & Others AND Chandrashekhar. 2024 LiveLaw (Kar) 115Jayapal K M AND The Management of Shakti Precision Components (India) Limited. 2024 LiveLaw (Kar) 116C Girish Naik & Others AND State of Karnataka & Others. 2024 LiveLaw (Kar) 117Razorpay Software Private Limited AND Union of India. 2024 LiveLaw (Kar) 118Judgments/OrdersNI Act | Deviation From Terms Of Settlement Arrived At During Appellate Stage To Result In Restoration Of Conviction: Karnataka High CourtCase Title: Hemachandra M Kuppalli AND M/s R.B.Green Field & OthersCase No: WRIT PETITION No.12169 OF 2023Citation No: 2024 LiveLaw (Kar) 108The Karnataka High Court has directed that when a convict under the Negotiable Instruments Act offers himself for settlement of the dispute in appeal on the basis of which conviction is set aside, Courts shall mandatorily observe that deviation from the terms of compromise will automatically result in restoration of conviction order.A single judge bench of Justice M Nagaprasanna said “Failing which, the accused who get away with conviction on compromise like in the case at hand, take advantage of the laborious rigmarole of procedure of getting the compromise decree executed.”Claim For Workmen's Regularisation Doesn't Depend On Appointment Order, But Actual Work Done For Corporation: Karnataka High Court Case Title: The Karnataka Power Corporation Limited & ANR AND K.N. Ningegowda & OthersCase No: Writ Petition No 75671 OF 2013Citation No: 2024 LiveLaw (Kar) 109The Karnataka High Court has dismissed a petition filed by Karnataka Power Corporation Limited (KPCL) questioning the order of the Industrial Tribunal directing the regularisation of 13 workmen.A single judge bench of Justice Anant Ramanath Hegde confirmed the order dated 30.06.2012 passed by the Tribunal and directed that since the demand for regularisation was pending for close to 20 years, the petitioner Corporation shall take steps to regularise the workmen in terms of the directions issued by the Industrial Tribunal. It said: The claim is not dependent on appointment orders but is based on the actual work done for the Corporation. If the appointment orders are not issued and in the grab of contract labourers (which claim is not established for the reasons recorded supra), and the respondents are made to work since 1991-93 till 2007 and beyond, then the fault lies with the petitioner Corporation in not issuing the appointment orders.Can't Let Husband Create 'Artificial Deductions' From Salary To Grant Less Maintenance To Wife: Karnataka High CourtCase Title: ABC AND XYZCase No: REV. PETITION FAMILY COURT NO.233 OF 2023Citation No: 2024 LiveLaw (Kar) 110The Karnataka High Court has held that extra deductions from the salary of husband like provident fund contribution, house rent recovery, furniture recovery, etc., cannot be made deductible while considering for assessment of maintenance amount to be granted to the estranged wife.A single judge bench of Justice Hanchate Sanjeevkumar dismissed the petition filed by a husband questioning the order of the family court granting maintenance of Rs.15,000 to his wife and Rs.10,000 to his daughter under section 125 CrPC. It said, “What are the compulsorily amounts to be deducted are income tax and professional tax...Considering deductions from the salary of petitioner/husband, those are provident fund contribution, house rent recovery, furniture recovery, towards loan obtained by the petitioner/husband, LIC premium and festival advance, these are all deductions accruing to the benefit of petitioner only. These amounts cannot be made deductible while considering for assessment of maintenance amount.”Apartment Complex With Only Residential Flats To Be Registered Under Apartment Ownership Act Not Cooperative Societies Act: Karnataka HC Case Title: Arunkumar R & Others AND State of Karnataka & OthersCase No: Writ Petition No 25528 OF 2023Citation No: 2024 LiveLaw (Kar) 111The Karnataka High Court has held that to manage and maintain an apartment complex consisting of only residential flats, the association of owners has to be registered under the Karnataka Apartment Ownership Act, 1972, and not under the provision of Karnataka Co-operative Societies Act, 1959.A single judge bench of Justice Anant Ramanath Hegde said “Admittedly, the project referred to above is a residential housing project. There is no...

Karnataka High Court Weekly Roundup: March 4 - March 10, 2024

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