Karnataka High Court Weekly Round-Up: November 20 To 26, 2023

Citations: 2023 LiveLaw (Kar) 437 To 2023 LiveLaw (Kar) 449Nominal Index:Zameer Ahmed Khan AND The State of Karnataka By Lokayukta P.S. 2023 LiveLaw (Kar) 437Ashok D Sanadi And The Chief Secretary & Others. 2023 LiveLaw (Kar) 438Sayyad Murtuza Sayyad Kasim Haji AND State of Karnataka & Other. 2023 LiveLaw (Kar) 439XXX AND Union of India & Others. 2023 LiveLaw (Kar) 440Kalavathi And Director General and Inspector General of Police & Others. 2023 LiveLaw (Kar) 441Chikkaredappa And State of Karnataka & Others. 2023 LiveLaw (Kar) 442Palaksha S S AND The State By Vidhana Souda Police Station and Another. 2023 LiveLaw (Kar) 443Balaji & Others And State of Karnataka & Others. 2023 LiveLaw (Kar) 444R Pramod v Gangadharaiah. 2023 LiveLaw (Kar) 445Vijaya Ganapati And M/s Intuit Technology Services Private Ltd. 2023 LiveLaw (Kar) 446Pandurangabhat & Others And State By Malebennur Police And Another. 2023 LiveLaw (Kar) 447Sai Lakshmi And Chief Registrar of Births and Deaths & Others. 2023 LiveLaw (Kar) 448Mahalakshmamma And The Secretary, Department of Rural Development and Panchayatraj. 2023 LiveLaw (Kar) 449Judgments/OrdersKarnataka High Court Refuses To Quash Proceedings Against Congress MLA Zameer Ahmed Khan In Disproportionate Assets Case Case Title: Zameer Ahmed Khan AND The State of Karnataka By Lokayukta P.SCase No: CRIMINAL PETITION No.9821 OF 2022Citation No: 2023 LiveLaw (Kar) 437The Karnataka High Court has dismissed a petition filed by Congress party legislator Zameer Ahmed Khan, seeking to quash proceedings initiated against him under the provisions of the Prevention of Corruption Act, for allegedly possessing assets disproportionate to his known source of income.A single judge bench of Justice M Nagaprasanna said “A perusal at the source information report or the communication under Section 66(2) of the Enforcement Directorate would prima facie bring the petitioner under the ambit of Section 13(1)(b) of the Act.”High Court Upholds Appointment Of K. Naggana Gowda As Chairperson Of State Commission For Protection Of Child RightsCase Title: Ashok D Sanadi And The Chief Secretary & OthersCase No: WRIT PETITION No.25010 OF 2022Citation NO: 2023 LiveLaw (Kar) 438The Karnataka High Court has upheld the decision of the State government in appointing K. Naggana Gowda as the Chairperson of the Karnataka State Commission for Protection of Child Rights.Dismissing the petition filed by Ashok S. Sanadi, who was not selected for the post, a Single Judge Bench of Justice M Nagaprasanna said, “This Court cannot step into the shoes of the Selection Committee or assume an appellate role, over the selection made.”[Alienation Of Waqf Property Without Sanction] Trial Court Can't Take Cognizance U/S 52A Waqf Act Based On Police Report: Karnataka High Court Case Title: Sayyad Murtuza Sayyad Kasim Haji AND State of Karnataka & OtherCase No: CRIMINAL PETITION NO. 100697 OF 2023Citation No: 2023 LiveLaw (Kar) 439The Karnataka High Court has made it clear that under Section 52-A (3) of the Waqf Act, the trial court can take cognizance only of the complaints made by the Board or any officer duly authorised by the State Government, it cannot take cognizance of offence based on a police report.A single judge bench of Justice Shivashankar Amarannavar said “As per Section 52-A (3) of the Waqf Act, the Court can take cognizance only on complaint made by the Board or any officer duly authorised by the State Government in this behalf.”Karnataka High Court Allows Thirteen Intending Couples To Undergo Surrogacy Using Donor Gametes Despite New Amendment Disallowing It Case Title: XXX AND Union of India & OthersCase No: Writ Petition No. 15824 of 2023 etcCitation No: 2023 LiveLaw (Kar) 440The Karnataka High Court has allowed a batch of petitions and permitted thirteen couples to opt for surrogacy using donor gametes (a person who provides sperm or oocyte). The bench said the new amendment to the Surrogacy Rules which prohibits the use of donor eggs for gestational surrogacy of an intending couple can be diluted on a case to case basis.Justice M Nagaprasanna however refrained from examining the validity of the amendment, stating that the issue is pending before the Supreme Court.The petitioners had challenged the amendment dated 14.03.2023 made to Form 2 under Rule 7 of the Surrogacy Rules, which is the form for Consent of the Surrogate Mother and Agreement for Surrogacy.The amendment substituted paragraph 1(d) in Form 2 to ensure that a couple undergoing surrogacy cannot have donor gametes and both the male and female gamete must come from the intending couple.Deputy Commissioners Can't Grant License For Storing More Than 600Kgs Firecrackers: Karnataka High CourtCase Title: Kalavathi And Director General and Inspector General of Police & OthersCase No: WRIT PETITION NO. 24195 OF 2023Citation No: 2023 LiveLaw (Kar) 441The Karnataka High Court has directed that Deputy Commissioners henceforth shall not grant licences beyond 600 kgs of storage...

Karnataka High Court Weekly Round-Up: November 20 To 26, 2023

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