Karnataka High Court Weekly Round-Up: October 8 To October 15, 2023

Nominal Index [Citations 385 - 393]:M/s Chancery Pavilion And M/s Indian Performing Rights Society Ltd & Others.2023 LiveLaw (Kar) 385Sharada Hanamanth Walagad & ANR AND NIL. 2023 LiveLaw (Kar) 386Shreeroopa v. State of Karnataka & Others. 2023 LiveLaw (Kar) 387Pramod Hanumanth Rao Muthalik & Anr v State of Karnataka & Ors. 2023 LiveLaw (Kar) 388Vivek Hebbale And Sahitya Akademi & ANR. 2023 LiveLaw (Kar) 389Bengaluru Metropolitan Transport Corporation Limited And H B Siddarajaiah. 2023 LiveLaw (Kar) 390Informant v State of Karnataka & Anr. 2023 LiveLaw (Kar) 391Narendra Babu G.V & Others AND State of Karnataka & Others. 2023 LiveLaw (Kar) 392Somashekhar And State by Rural Police Station. 2023 LiveLaw (Kar) 393Judgments/OrdersCopyright Holder's Suit Against Infringement Bars Alleged Infringer From Filing Suit U/S 60 Copyright Act: Karnataka High Court Case Title: M/s Chancery Pavilion And M/s Indian Performing Rights Society Ltd & Others.Case No: REGULAR FIRST APPEAL No.145/2015Citation: 2023 LiveLaw (Kar) 385The Karnataka High Court has said that a suit filed under Section 60 of the Copyright is not maintainable if a suit seeking action is filed by the copyright holder for infringement against the alleged offender.Justice V Srishananda clarified that the proviso to Section 60 of the Copyright Act was meant to prevent an alleged infringer from filing a suit when the owner of the copyright had previously filed a suit under Section 55. In this case, the order of events favoured the defendants, as they had filed their suit after the plaintiff had filed its suit.Jamakhandi Residents Can Adopt Major Person, It's A Legally Recognized Custom: Karnataka High Court Case Title: Sharada Hanamanth Walagad & ANR AND NILCase No: W.P. NO. 104785 OF 2023Citation: 2023 LiveLaw (Kar) 386The Karnataka High Court has directed the trial court to reconsider the petition filed under Section 8 and 9 of the Hindu Adoption and Maintenance Act, 1956, by a member of the Scheduled Caste community residing at Jamakhandi, seeking to adopt a 19 year old.A single judge bench of Justice Sachin Shankar Magadum said adopting a major child was a legally recognised custom in Jamakhandi governed by the Bombay School of Hindu Law. “If petitioners are permanent residents of Jamakhandi, then I am of the view that since there is no dispute that Jamakhandi which was erstwhile princely State and part of Bombay province, the custom of adopting a major child is judicially recognized and therefore, I am of the view that the proof of the said custom is not necessary.”S.17A PC Act Safeguards Public Servants From Frivolous Probe, Approval To Investigate Not Automatic Sanction To Prosecute: Karnataka High Court Case Title: Shreeroopa v. State of Karnataka & OthersCase No: WRIT PETITION NO. 20132 OF 2023Citation: 2023 LiveLaw (Kar) 387The Karnataka High Court has highlighted that Section 17A of the Prevention of Corruption Act provides a protective shield for public servants from investigations related to decisions made in their official capacity.Justice N S Sanjay Gowda clarified that the approval process is designed to balance the interests of the State and its employees.“The integrity of a public servant is required to be beyond suspicion as in the proverbial adage that “Caesar’s wife must be above suspicion”. If there exists even a shadow of doubt on the integrity of a public servant, it will not only harm his reputation but would also tarnish the entire system of which he is a part. Thus, in such a situation, if the aspersions cast on the integrity of a public servant and an Investigating Officer under the Act harbours a view that an investigation is necessary, it would be in the interests of both the Government and the public servant that such a nagging suspicion is obliterated.”'A Bundle Of Assumptions': Karnataka High Court Dismisses PIL Alleging Poor Quality Construction Of Parshuram Theme Park In Udupi Case Title: Pramod Hanumanth Rao Muthalik & Anr v State of Karnataka & OrsCase No: WP 22002/2023Citation: 2023 LiveLaw (Kar) 388The Karnataka High Court on Wednesday dismissed a public interest litigation filed by the President of Sriram Sena, challenging the alleged poor quality of work being undertaken in constructing the Parshuram Theme Park in the Udupi district.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit found that there was a delay in filing the PIL and that it was riddled with assumptions. “The petition is filed at a very belated stage. Secondly, the petition is nothing but a bundle of assumptions and presumptions of the petitioners and his own impressions."Violative Of Child Labour Rules: Karnataka High Court Backs Sahitya Akademi's Job Offer Withdrawal To 15 Yr Old Case Title: Vivek Hebbale And Sahitya Akademi & ANRCase No: WRIT PETITION NO.202397 OF 2022Citation No: 2023 LiveLaw (Kar) 389The Karnataka High Court has upheld the decision of the Sahitya Akademi to withdraw the job offer letter given to a minor ...

Karnataka High Court Weekly Round-Up: October 8 To October 15, 2023

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