Karnataka High Court Weekly Round-Up [May 22 To May 28, 2023]

Nominal Index: Social Democratic Party of India And Union of India & Others. 2023 LiveLaw (Kar) 178ABC And XYZ. 2023 LiveLaw (Kar) 179Sri Jagadguru Murugharajendra Vidhya Peetha & ANR And The Chief Secretary & others. 2023 LiveLaw (Kar) 180Siddappa B H And The State By Lokayukta Police. 2023 LiveLaw (Kar) 181ABC And XYZ. 2023 LiveLaw (Kar) 182Karnataka General Labour Union And Government of India & others. 2023 LiveLaw (Kar) 183Gangamma & ANR And Pratibha & ANR. 2023 LiveLaw (Kar) 184C Manjunath And State of Karnataka & ANR. 2023 LiveLaw (Kar) 185Sharnavva @Kasturi and Shivappa. 2023 LiveLaw (Kar) 186Raman Sundaresan And Joint Secretary, Ministry of External Affairs & Others. 2023 LiveLaw (Kar) 187Blink Commerce Private Limited And Blinkhit Private Limited. 2023 LiveLaw (Kar) 188Town Essentials Pvt. Ltd. v. Daily Ninja Delivery Services Pvt. Ltd. 2023 LiveLaw (Kar) 189Judgments/OrdersKarnataka High Court Rejects Plea By Social Democratic Party Of India Against Sealing Of Its Mangalore Offices Under UAPACase Title: Social Democratic Party of India And Union of India & Others.Case No: WRIT PETITION No. 23167 OF 2022Citation: 2023 LiveLaw (Kar) 178The Karnataka High Court has rejected a petition filed by Social Democratic Party of India (SDPI) seeking to unseal its properties in Mangalore which came to be sealed by the State government following the ban imposed by the Central Government on the organisation Popular Front of India (PFI).A single judge bench of Justice M Nagaprasanna observed that the notifications to seal the premises were issued under the Unlawful Activities (Prevention) Act. "Therefore, the petitioner has an alternative remedy which is statutory and necessarily to be availed of, in the peculiar facts of this case, as recording of evidence for the acts of the State is imperative.”Father Engaging A Stranger In House To Videograph Him With Child Not Congenial Environment: Karnataka High Court Refuses CustodyCase Title: ABC And XYZCase No: WRIT PETITION No.23969 OF 2022Citation: 2023 LiveLaw (Kar) 179The Karnataka High Court recently declined interference with a family court order refusing custody of the minor daughter to her father as he failed to create a congenial atmosphere in his house for the child to stay.A single judge bench of Justice M Nagaprasanna rejected the petition filed by the father and said, “It is a fact that there is nobody to take care of the child when the father is not around and the child is handed over to a male stranger. The mother has narrated that on several occasions the child had expressed her anguish getting too anxious about a stranger continuously photographing and videographing the child. If these facts are noticed, it becomes unmistakably clear that the father has not created a congenial atmosphere to the girl child, who is now 9 years old, he cannot therefore be heard to contend that he has a right to claim custody of the child, despite the afore-noted glaring facts.”State Should Leave Religious Institutions To Solve Their Problems On Their Own: Karnataka High Court Removes Administrator For MuttCase Title: Sri Jagadguru Murugharajendra Vidhya Peetha & ANR And The Chief Secretary & others.Case No: WP No. 25316/2022 c/w WP No.25318/2022Citation: 2023 LiveLaw (Kar) 180The Karnataka High Court has quashed a Government Order which appointed an Administrator to run the affairs of Sri Jagadguru Murugharajendra Bruhan Mutt at Chitradurga. The administrator was appointed as the pontiff- Shivamurthy Murugha Sharanaru was arrested in September 2022 following cases registered against him under the POCSO Act.A single judge bench of Justice Krishna S Dixit observed that interference of the State in Religious Institutions, goes against its professed secular credentials. "In secularism, State neutrality qua religion is inherent and this requires the governance to maintain a distance from the affairs of religious institutions of all faiths, equally and further to respect their autonomy...The State and its functionaries should realise that by their very nature they can not be a can not, be panacea to all the evils in society. As of necessity, it should leave religious institutions to solve their problems on their own by appropriate measures, such as community mediation/conciliation or judicial process, of course subject to all just exceptions,” it said.S.91 CrPC | Correspondence Between IO And His Senior Not Part Of Chargesheet, Cannot Be Summoned: Karnataka High CourtCase Title: Siddappa B H And The State By Lokayukta PoliceCase No: CRIMINAL PETITION NO.2954 OF 2023 CONNECTED WITH CRIMINAL PETITION NO.2906 OF 2023, CRIMINAL PETITION NO.2908 OF 2023Citation: 2023 LiveLaw (Kar) 181The Karnataka High Court has said that reports prepared by an investigating officer in discussion with his higher officers, before filing chargesheet, cannot be produced before the court for the purpose of evidence.A single judge bench of Justice K Natarajan said “Except the documents produced by the...

Karnataka High Court Weekly Round-Up [May 22 To May 28, 2023]

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