Karnataka High Court Weekly Round-Up: August 6 To August 13

Nominal Index: Rasik Lal Patel & ANR AND State of Karnataka & ANR. 2023 LiveLaw (Kar) 297M/s Legal Property & ANR And Chief Manager, State Bank of India & ANR. 2023 LiveLaw (Kar) 298ABC And XYZ. 2023 LiveLaw (Kar) 299The Divisional Manager United India Insurance Company Ltd And Ramu @ Ramesh S/O Yallappa & Others. 2023 LiveLaw (Kar) 300Nanjamma & Others AND Rajamma & Others. 2023 LiveLaw (Kar) 301ABC And State of Karnataka & Others. 2023 LiveLaw (Kar) 302Sanjay P S And Abhishek M. 2023 LiveLaw (Kar) 303Smt. Renuka & Ors. v Sri Venkatesh. 2023 LiveLaw (Kar) 304State By PI MESCON v B Usman Beary. 2023 LiveLaw (Kar) 305Judgements/OrdersKarnataka High Court Criticizes Misuse Of SC/ST Prevention Of Atrocities Act, Quashes Criminal Case Over Property Dispute Case Title: Rasik Lal Patel & ANR AND State of Karnataka & ANRCase No: Criminal Petition no.5497 of 2022Citation: 2023 LiveLaw (Kar) 297The Karnataka High Court has quashed the prosecution initiated against two persons under provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered by the complainant immediately after the police filed a chargesheet against him on the complaint made by the petitioners, for house trespass and continuous harassment.A single judge bench of Justice M Nagaprasanna while allowing the petition filed by Rasik Lal Patel and another said, “This case would form a classic illustration of misuse of the provisions of the Act and the penal provisions under the IPC. It is such cases which clog the criminal justice system and consume considerable time of the Courts, be it the Magistrates Court, Court of Session or this Court, while genuine cases where litigants have actually suffered would be waiting in the pipeline.”SBI Is State Instrumentality, Writ Petition Maintainable Even In Disputes Pertaining To Contract For Loan Transaction: Karnataka High Court Case Title: M/s Legal Property & ANR And Chief Manager, State Bank of India & ANRCase No: WP 11203/2023Citation: 2023 LiveLaw (Kar) 298The Karnataka High Court recently set aside an endorsement issued by the State Bank of India to a partnership firm, stopping the release of loan amount which was sanctioned and partly disbursed.While the bank resisted the writ petition stating the loan transaction was in the nature of a 'private contract', a single judge bench of Justice Krishna S Dixit observed, “The respondent-bank being an instrumentality of the State under Article 12 of the Constitution, even in matters like this, writ remedy can be granted to the aggrieved...A banker who answers description of State under Article 12 of the Constitution cannot act like a private lender; its actions have to be animated with reason & justice, which factors are militantly absent in the impugned endorsement/notice. Therefore the same is liable to be invalidated.”Wife Insulted, Moved Away From Husband Because Of His 'Dark Complexion': Karnataka High Court Dissolves Marriage On Ground Of Cruelty Case Title: ABC And XYZCase NO: MISCELLANEOUS FIRST APPEAL NO. 8998 OF 2017Citation: 2023 LiveLaw (Kar) 299The Karnataka High Court has held that a wife insulting the husband on the premise that he is 'dark', moving away from his company for the same reason and levelling false allegations of illicit relationships as a cover up, would constitute cruelty.A division bench of Justice Alok Aradhe and Anant Ramanath Hegde thus allowed the appeal filed by the husband and set aside the family court order refusing divorce decree. It said, “The wife used to insult the husband on the premise that he is dark. And for the same reason has moved away from the company of the husband without any cause. And to cover up this aspect, has levelled false allegations of illicit relationships against the husband. These facts certainly will constitute cruelty.”Karnataka High Court Directs Integration Of Police IT System With Road Accident Database, FSL, Insurance DeptsCase Title: The Divisional Manager United India Insurance Company Ltd And Ramu @ Ramesh S/O Yallappa & OthersCase No: WRIT PETITION NO.201961 OF 2023Citation: 2023 LiveLaw (Kar) 300The Karnataka High Court reiterated that Motor Vehicles Act being a beneficial legislation, the provisions thereof have to be given beneficial meaning and effect.It held that benefit under the Act cannot be taken away on a technical aspect that too of limitation under Section 166(3) of the Act, which mandates that no claim petition can be entertained unless it is made within six months of the occurrence of the accident.Order 39 CPC | Suppression Of Material Facts Detrimental To Grant Of Temporary Injunction: Karnataka High Court Case Title: Nanjamma & Others AND Rajamma & OthersCase No: M.F.A No 2172/2023Citation: 2023 LiveLaw (Kar) 301The Karnataka High Court recently held that relief of temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC) is a discretionary remedy which requires a careful balance between the need for...

Karnataka High Court Weekly Round-Up: August 6 To August 13

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Karnataka High Court Weekly Round-Up: August 6 To August 13

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