Karnataka High Court Weekly Round-Up: October 16 To October 22, 2023

Nominal Index: M/s Divyajyothi Vidya Kendra And Karnataka Housing Board & Others. 2023 LiveLaw (Kar) 394Rajiv & Others And State Bank of India. 2023 LiveLaw (Kar) 395Jayashree And State of Karnataka & Others. 2023 LiveLaw (Kar) 396Rajasingh Takur @ T Raja Singh & Others And State of Karnataka. 2023 LiveLaw (Kar) 397Sudarshan Ramesh AND Union of India & Others. 2023 LiveLaw (Kar) 398T N Susheelamma & ANR AND Chirag Raghavendra & Others. 2023 LiveLaw (Kar) 399Sampanna Mutalik & ANR AND State of Karnataka & ANR. 2023 LiveLaw (Kar) 400.D K Shivakumar AND Central Bureau of Investigation. 2023 LiveLaw (Kar) 401Aslam Pasha AND Chief Commissioner & Others. 2023 LiveLaw (Kar) 402Dr Nehal Bansal AND Central Bureau of Investigation. 2023 LiveLaw (Kar) 403XYZ And ABC. 2023 LiveLaw (Kar) 404Karnataka State Highways Improvement Project AND M/s. KMC - VDB (JV). 2023 LiveLaw (Kar) 405Judgments/Orders'Right To Education Brutalised': Karnataka HC Upholds Land Allotment Cancellation Over Society's Failure To Construct School For Two Decades Case Title: M/s Divyajyothi Vidya Kendra And Karnataka Housing Board & OthersCase No: WRIT APPEAL NO. 873 OF 2023Citation: 2023 LiveLaw (Kar) 394The Karnataka High Court has observed that where public property is allotted for a specified purpose and if that purpose remains unaccomplished in the prescribed time, the retention of such allotment by the allottee, militates against public interest.A Division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the appeal filed by M/s Divyajyothi Vidya Kendra challenging a single judge bench order which had dismissed its petition questioning the order of cancellation of the allotment of the subject land. Further it had directed the Karnataka Housing Board to pass orders determining the quantum of forfeiture and refund of remaining amount to the appellant within a period of four weeks.S.138 NI Act | Company's Liability To Repay Cheque Amount Not Affected By Changes In Officeholders: Karnataka High Court Case Title: Rajiv & Others And State Bank of IndiaCase no: CRIMINAL PETITION No.6481 OF 2022 C/W CRIMINAL PETITION No.7203 OF 2022.Citation: 2023 LiveLaw (Kar) 395The Karnataka High Court has held in a cheque dishonour case that the legal obligation to repay the amount associated with the cheques is not altered by changes in officeholders, and the burden of proof rests with the company or its officers to rebut the presumption of liability.Justice M Nagaprasanna added that the chairman of a company or other officers who sign cheques remain liable under Section 139 of the NI Act unless they can present evidence to prove that the cheques were not issued for payment of a legally enforceable debt or liability.Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court Case Title: Jayashree And State of Karnataka & OthersCase No: WRIT PETITION NO. 102595 OF 2023Citation: 2023 LiveLaw (Kar) 396The Karnataka High Court has held that promotion to a government employee cannot be denied on the ground that a criminal case was pending against him wherein the chargesheet is not filed, or in cases where Articles of Charge are not issued, on the date of Departmental Promotion Committee (DPC) Meeting.A division bench of Justice S.R. Krishna Kumar and Justice G Basavaraja allowed the petition filed by Jayashree and set aside the order dated 30th March 2023 passed by the Karnataka State Administrative Tribunal, Belagavi Bench, whereby the application filed by the petitioner questioning the denial of promotion by the authorities, was dismissed by the Tribunal.Telangana Legislator Raja Singh Uncharged From Hatred Case As Sanction U/S 196 CrPC Is Not Obtained | Karnataka High Court Case Title: Rajasingh Takur @ T Raja Singh & Others And State of KarnatakaCase No: CRIMINAL PETITION No.2576 OF 2023Citation No: 2023 LiveLaw (Kar) 397The Karnataka High Court has held that without the necessary sanction under Section 196 of the CrPC, the proceedings under Section 153A of the IPC could not continue, thereby clarifying that the absence of sanction was a fundamental defect in the prosecution.Justice M Nagaprasanna thus quashed the proceedings initiated against Telangana legislator Raja Singh Thakur and other accused for offences punishable under Sections 153A r/w 34 of the IPC and Section 25(1AA) of the Indian Arms Act.Karnataka HC Quashes LOC Against Brother Of Bitcoin Scam Accused, Says ED Can't Repeatedly Summon A Person U/S 50 PMLA On Mere Suspicion Case Title: Sudarshan Ramesh AND Union of India & OthersCase No: WRIT PETITION NO. 17027 OF 2023Citation: 2023 LiveLaw (Kar) 398The Karnataka High Court has held that summoning of a person repeatedly under Section 50 of the Prevention of Money Laundering Act, without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness.A single judge bench of...

Karnataka High Court Weekly Round-Up: October 16 To October 22, 2023

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