Karnataka High Court Weekly Round-Up: May 29 - June 4

Nominal IndexNG & others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 190Reeth Abraham And Sunil Abraham. 2023 LiveLaw (Kar) 191G Jagadish Kumar And K G Murali. 2023 LiveLaw (Kar) 192Prasad A A And State of Karnataka & ANR. 2023 LiveLaw (Kar) 193Gurushree High-Tech Multi Speciality Hospital And Commissioner For Health And Family Welfare And Chairman Appellate Authority & Others. 2023 LiveLaw (Kar) 194N P Amrutesh And Union of India & Others. 2023 LiveLaw (Kar) 195Karnataka State Level Advocates Clerks Association And State of Karnataka & Others. 2023 LiveLaw (Kar) 196Rangaraju @ Vajapeyi And State of Karnataka. 2023 LiveLaw (Kar) 197Jameela And Sullia Afsa & Others. 2023 LiveLaw (Kar) 198Shivappa Bellad And Superintendent of Open Air Prison & Others. 2023 LiveLaw (Kar) 199Dr Vinod G Kulkarni And Ministry of Railways & Others. 2023 LiveLaw (Kar) 200M/s Mangalore New Sultan Beedi Works And State of Karnataka & Others. 2023 LiveLaw (Kar) 201Judgments/OrdersCriminal Case Filed By Wife Accusing Husband, In-Laws Of Cruelty Loses Its Significance If Lodged After His Divorce Notice: Karnataka High Court Case Title: NG & others And State of Karnataka & ANRCase No: CRL.P.NO.201257/2019 C/W CRL.P.NO.200660/2019Citation: 2023 LiveLaw (Kar) 190The Karnataka High Court recently quashed a First Information Report (FIR) registered by a woman alleging cruelty and dowry harassment, against her in-laws and other relatives of the husband.A single judge bench of Justice S Rachaiah, sitting at Kalaburagi bench, allowed the petition seeking quashing of the case and said: “The criminal case filed by the wife, alleging cruelty, dowry harassment against the husband and in-laws loses its significance, in case the complaint is made, after receiving the divorce notice from her husband.”Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court Case Title: Reeth Abraham And Sunil AbrahamCase No: WRIT PETITION NO. 24842 OF 2022Citation: 2023 LiveLaw (Kar) 191The Karnataka High Court has set aside an order passed by the trial court dismissing an application filed by a woman to club two pending suits for a common trial and disposal. The suits filed by her and her ex-husband relate to the same property.Justice Krishna S Dixit allowed the woman's petition and requested the trial judge to allow the subject application of the petitioner for clubbing and try both the suits together.Attornment By Lessee Not Necessary For Transfer Of Property Leased Out To Him: Karnataka High Court Case Title: G Jagadish Kumar And K G MuraliCase No: REGULAR SECOND APPEAL NO. 650 OF 2011Citation: 2023 LiveLaw (Kar) 192The Karnataka High Court has said that attornment by lessee is not necessary for transfer of property leased out to him.A single judge bench of Justice Ashok S Kinagi allowed the appeal filed by G Jagadish Kumar and directed the tenant K G Murali to vacate and handover the possession of suit property to the plaintiff. It rejected the contention of the defendant that the plaintiff is not the owner of suit schedule property and defendant is not the tenant under the plaintiff, as such, there is no relationship between the plaintiff and the defendant as the landlord/lessor and the tenant/lessee.Karnataka High Court Quashes POCSO Case Against Man Who Dropped Minor Victim At Her Home On Instructions Of Main Accused Case Title: Prasad A A And State of Karnataka & ANRCase No: CRIMINAL PETITION NO. 1294 OF 2020Citation: 2023 LiveLaw (Kar) 193The Karnataka High Court has quashed the criminal proceedings launched under the Protection of Children From Sexual Offences Act (POCSO) against a man who dropped the minor victim at her home on the instructions of main accused.A single judge bench of Justice M Nagaprasanna noted that Petitioner-accused was neither involved in the planning nor commission of the offence. "The allegation is against accused Nos 1 to 4 who have allegedly been a part of the commission of offence. The petitioner was not even present during the commission of offence or in the scene of alleged crime. The petitioner comes into the picture after everything is over and only for the purpose of driving the victim back to her grand-mother’s house. No other allegation is made against the petitioner," it observed.Appellate Authority Can't Cure Jurisdictional Defect Of Original Authority: Karnataka High Court Case Title: Gurushree High-Tech Multi Speciality Hospital And Commissioner For Health And Family Welfare And Chairman Appellate Authority & OthersCase No: WRIT PETITION NO. 729 OF 2023Citation: 2023 LiveLaw (Kar) 194The Karnataka High Court has made it clear that if the original jurisdiction is not exercised by a competent authority, the Appellate authority even though competent cannot cure the jurisdictional defect of the original authority. “If the original Authority is corum non-judice, the competent Appellate Authority, by considering the appeal cannot breathe life into such original order and...

Karnataka High Court Weekly Round-Up: May 29 - June 4

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