Karnataka High Court Weekly Round-Up: August 21 To August 27

Nominal Index: Ananth Kumar K G And Yogita S @ Yogitha Ananth Kumar. 2023 LiveLaw (Kar) 315Jagath Prakash Nadda And State of Karnataka & ANR. 2023 LiveLaw (Kar) 316M J MAthew & others And Prestige St. Johns Wood Apartment Owners Association & ANR. 2023 LiveLaw (Kar) 317Mahantayya And State of Karnataka & Others. 2023 LiveLaw (Kar) 318Ramesh Naik L And Karnataka State Bar Council and Ors. 2023 LiveLaw (Kar) 319Chandra & Others AND G. Krishnappa. 2023 LiveLaw (Kar) 320Dr Pooja S N v Union of India & Others. 2023 LiveLaw (Kar) 321Abdul Khadar @ Rafiq And State of Karnataka & ANR. 2023 LiveLaw (Kar) 322Sam P Philip & Others v State of Karnataka & Others. 2023 LiveLaw (Kar) 323Mahadev And State of Karnataka. 2023 LiveLaw (Kar) 324MANSA–Centre for Development and Social Action v. Managing Director, Development Credit Bank & Others. 2023 LiveLaw (Kar) 325Sugurappa @ Sugurayya Swami v. The State Of Karnataka. 2023 LiveLaw (Kar) 326Judgments/OrdersDiabetes Is 'Manageable', Not Excuse To Avoid Payment Of Maintenance To Wife & Children: Karnataka High Court Case Title: Ananth Kumar K G And Yogita S @ Yogitha Ananth KumarCase No: WRIT PETITION NO. 12802 OF 2023Citation: 2023 LiveLaw (Kar) 315The Karnataka High Court has dismissed the petition filed by one Ananth Kumar KG questioning the order of family court directing him to pay Rs 10,000 as monthly maintenance to his estranged wife.A single judge bench of Justice Krishna S Dixit rejected the contention of the petitioner that he has been suffering from diabetes and related ailments, thus he is not able to pay monthly maintenance amount for the upkeep of his minor child for the last three years. The bench said, “A large section of people all over the world suffer from such ailments and with the advancement of medical science, all that is manageable. It is not the case of the petitioner that the same are not manageable with proper medical care.”Karnataka High Court Quashes 'Reckless, Vague' Case Against BJP Chief JP Nadda For 'Wooing' Voters Case Title: Jagath Prakash Nadda And State of Karnataka & ANRCase No: Criminal Petition no. 5488 of 2023Citation: 2023 LiveLaw (Kar) 316The Karnataka High Court has quashed the criminal proceedings initiated against National President of Bharatiya Janata Party and a former Union Minister, Jagath Prakash Nadda for allegedly wooing and threatening voters during an election rally held in May ahead of Assembly elections.A single judge bench of Justice M Nagaprasanna found the FIR under Section 171-F of IPC was 'recklessly' registered against Nadda on the basis of a 'loosely laid offence' in a 'vague complaint'.Private Association Of Apartment Owners Not 'State' U/Article 12: Karnataka HC Dismisses Writ Plea Against 'Facilitation Charge' For Tenancy Case Title: M J MAthew & others And Prestige St. Johns Wood Apartment Owners Association & ANRCase No: WP 2881/2016Citation: 2023 LiveLaw (Kar) 317The Karnataka High Court recently refused to entertain a writ petition moved by certain flat owners questioning the amendment of bye laws of the Apartment Owners' Association which paved way for levy of 'Facilitation Charge' from owners who had let out their apartments on lease, licence, tenancy or otherwise.A single judge bench of Justice R Nataraj dismissed the petition filed by questioning the action of the Prestige St Johns Wood Apartment Owners Association which is constituted under the Karnataka Apartment Ownership Act, 1972.'Proximate Incident' Necessary For Passing Externment Order: Karnataka High Court Case Title: Mahantayya And State of Karnataka & OthersCase No: Writ Petition No. 104804/2023Citation: 2023 LiveLaw (Kar) 318The Karnataka High Court has quashed an externment order passed by the authorities against one Mahantayya, who was externed from Bailhongal Subdivision to Bagalkot for a period of three months.A single judge bench of Justice M Nagaprasanna sitting at Dharwad said, “Provisions of law which empower externment of a person would undoubtedly mean that there should be minimum proximity or necessity for passing an order of externment. There is no proximate incident that is narrated in the impugned order. Without any foundation the order projects the petitioner as a bane to the society or the surrounding area.”Plea To Include Advocates' Parents As Dependents For Medical Insurance Withdrawn From Karnataka High Court Case Title: Ramesh Naik L And Karnataka State Bar Council and Ors.Case No: WP (FR) NO.14863/2023Citation: 2023 LiveLaw (Kar) 319The Karnataka High Court on Tuesday permitted withdrawal of a public interest litigation filed by Advocate Ramesh Naik L, seeking a direction to the Karnataka State Bar Council (KSBC) and the Bar Council of India (BCI) to take appropriate action to include Parents of Advocates as dependents in the model form provided by the State Bar Council to provide Medical insurance, Term insurance for Advocates.A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal said, “After...

Karnataka High Court Weekly Round-Up: August 21 To August 27

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