Karnataka High Court Weekly Round-Up [April 17 - April 23, 2023]

Nominal Index: Mohammed Shariff And National Investigating Agency. 2023 LiveLaw (Kar) 152H D Naveen And State of Karnataka. 2023 LiveLaw (Kar) 153Thirakavva & ANR Ratnavva & Others. 2023 LiveLaw (Kar) 154Sudarshan V Biradar And State of Karnataka. 2023 LiveLaw (Kar) 155M/s TTK Healthcare Ltd And P V Ravi. 2023 LiveLaw (Kar) 156XIAOMI Technology India Private Limited. v. Union of India. 2023 LiveLaw (Kar) 158Judgments/OrdersPrima Facie Terrorist Act: Karnataka High Court Rejects Plea By 2020 Bengaluru Riots Accused Against Cognisance Taken By NIA Court Case Title: MOHAMMED SHARIFF And NATIONAL INVESTIGATING AGENCYCase No: WRIT PETITION No.5547 OF 2021Citation: 2023 LiveLaw (Kar) 152The Karnataka High Court has dismissed a petition filed by an accused in the Bengaluru riots case of 2020, questioning the cognizance taken by Special NIA court of offences punishable under the Unlawful Activities (Prevention) Act.A single judge bench of Justice M Nagaprasanna dismissed the petition filed by accused Mohammed Sharif and said, “The ingredients of Section 15 (Terrorist Act) of the Act, in the considered view of this Court, are prima facie met.”Unemployed Husband Perhaps Had "Inferiority Complex" From Working Wife: Karnataka High Court While Upholding Conviction U/S 498A IPCCase Title: H D Naveen And State of KarnatakaCase No: CRIMINAL REVISION PETITION No.912/2014Citation: 2023 LiveLaw (Kar) 153The Karnataka High Court recently upheld a husband's conviction under Section 498-A (Cruelty) IPC for harassing his wife, stating that he perhaps developed inferiority complex.A single judge bench of Justice Ramachandra D.Huddar while dismissing the revision petition filed by H D Naveen observed, “Accused No.1 is unemployed. Perhaps he must be having an inferiority complex as his wife complainant is a BA., B.Ed. graduate, working as a teacher. That must have made the accused No.1 and his family members to harass the complainant by making unlawful demands and harassed her physically and mentally.”Amendments Long Overdue: Karnataka High Court Suggests Increasing Pecuniary Jurisdiction Of District Courts To Hear First Appeals U/S 96 CPC Case Title: Thirakavva & ANR Ratnavva & OthersCase No: REGULAR FIRST APPEAL NO.1659 OF 2007 (PAR-) C/W RFA CROSS OBJ NO.101 OF 2008Citation: 2023 LiveLaw (Kar) 154The Karnataka High Court has suggested amending provisions of the law relating to the pecuniary jurisdiction of the High Court and the District Court to hear the first appeals filed under Section 96 of the Civil Procedure Code, which is governed under Section 5 of the Karnataka High Court Act of 1961 and Section 19 of the Karnataka Civil Courts Act, 1964, to ensure expeditious disposal of appeals.The bench gave the suggestion while deciding on an appeal filed by one Thirakavva who had to wait for 16 years for the court to take up for final hearing the appeal filed by her. It observed “Ideally, the final verdict in an appeal should not take more than 2 years after admission. An appeal from the stage of filing till the disposal does not involve elaborate time consuming procedures like a suit.”Karnataka Amendment Conferring Judicial Magistrate's Power To Decide Delayed Birth/ Death Registration Upon Executive Authority Ultra Vires: High CourtCase Title: Sudarshan V Biradar And State of KarnatakaCase No: WRIT PETITION No.15800 OF 2022Citation: 2023 LiveLaw (Kar) 155The Karnataka High Court has declared the Karnataka Registration of Births and Deaths (Amendment) Rules, 2022 by which it amended Rule 9 of the Births and Deaths Rules, 1999, and conferred powers on Revenue officials to decide on application for delayed registration of births and death, as ultra vires, the Registration of Births and Deaths Act, 1969.The State Government by the amendment had substituted the words in sub-rule (3) of Rule 9 which hitherto read “a Magistrate of First Class or a Presidency Magistrate” with the words “an Assistant Commissioner (Sub-Divisional Magistrate)”. The State Government had taken away the power of the Magistrate of the First Class and placed it at the mercy of the Assistant Commissioner.Labour Court Can't Declare Domestic Enquiry Against Terminated Workman Perverse Without Affording Hearing To Employer: Karnataka High Court Case Title: M/s TTK Healthcare Ltd And P V RaviCase No: WRIT PETITION NO. 29197 OF 2014Citation: 2023 LiveLaw (Kar) 156The Karnataka High Court has said that Labour Court before coming to a conclusion that domestic enquiry conducted by the employer against terminated employee is not fair and proper, it has to grant opportunity to the employer to establish the Articles of Charge, levelled by it against the employee.A single judge bench of Justice Suraj Govindaraj allowed the petition filed by M/s TTK Healthcare Ltd and set aside the award dated 28.02.2014 passed by the Prl. Labour Court, Bangalore. It remanded the matter back to the Labour court for fresh disposal by providing an opportunity to the employer to lead evidence to ...

Karnataka High Court Weekly Round-Up [April 17 - April 23, 2023]

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