Karnataka High Court Weekly Round-Up: July 03 To July 09

Nominal IndexMother Marry College of Nursing & Others And The Registrar. 2023 LiveLaw (Kar) 248ABC And XYZ. 2023 LiveLaw (Kar) 249Francis Xavier Crasto And State of Karnataka. 2023 LiveLaw (Kar) 250Sridhar Kulkarni A And Union of India & ANR. 2023 LiveLaw (Kar) 251XYZ & ANR And Gurumanjunatha A S & Others. 2023 LiveLaw (Kar) 252K Srinivas Ganiga And Union of India & Others. 2023 LiveLaw (Kar) 253PRADNYA W/O. ABHIJIT WAINGANKAR And ABHIJIT S/O. MANOHAR WAINGANKAR. 2023 LiveLaw (Kar) 254Thimmaraju And State of Karnataka. 2023 LiveLaw (Kar) 255Dr. Narasimhalu Nandini & ANR Janatha Trust & Others. 2023 LiveLaw (Kar) 256Lalitabai Patil And The Commissioner, Karnataka State Election Commission & ANR. 2023 LiveLaw (Kar) 257Judgements/OrdersKarnataka High Court Directs Nursing College To Pay ₹10 Lakh Each To 10 Students For Year Loss Case Title: Mother Marry College of Nursing & Others And The RegistrarCase NO: WRIT PETITION NO.200583 OF 2023Citation: 2023 LiveLaw (Kar) 248The Karnataka High Court has directed a Nursing college to compensate ten students a sum of Rs 10 lakhs each for causing the loss of one year by admitting the students post the deadline for admissions set by the University.A single judge bench of Justice Suraj Govindaraj directed the Mother Marry College of Nursing to compensate the students. Further, it directed the Rajiv Gandhi University of Health Sciences, to initiate such action against the College as may be available in law including filing of criminal complaint and administrative action against charter of the respondent-University.Husband Failed To File Objections: Karnataka High Court Allows Wife's Plea For Divorce On Ground Of Cruelty Case Title: ABC And XYZCase NO: MISCELLANEOUS FIRST APPEAL NO. 4378 OF 2017Citation: 2023 LiveLaw (Kar) 249The Karnataka High Court has allowed a petition filed by a woman seeking divorce on grounds of cruelty, after the husband failed to challenge the petition or the evidence led by the wife.A division bench of Justice Alok Aradhe and Justice Anant Ramanath Hegde set aside the family court order rejecting the divorce petition. It said, “When there is no challenge to the petition as well as to the evidence led by the wife, this Court is of the view that the Family Court erred in rejecting the petition.”S.452 CrPC | Seized Passport Cannot Be Withheld After Acquittal In Criminal Case Citing Pendency Of Appeal Period: Karnataka High Court Case Title: Francis Xavier Crasto And State of KarnatakaCase NO: Criminal Petition No. 4781 of 2023Citation: 2023 LiveLaw (Kar) 250The Karnataka High Court has made it clear that on an accused being acquitted by the trial court, his passport cannot be withheld on the ground that period for preferring an appeal against the order of acquittal is yet to get over.A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Francis Xavier Crasto and directed the concerned court to release his passport.Re-Issue Of Passport On Being Lost Cannot Be Done Without Registering FIR With Police: Karnataka High Court Case Title: Sridhar Kulkarni A And Union of India & ANRCase No: WP 9248/2023Citation: 2023 LiveLaw (Kar) 251The Karnataka High Court on Tuesday rejected a petition seeking direction to Regional Passport officer to re-issue petitioner's passport on him having lost the passport, without him registering a First Information Report with the police as is prescribed under the rules framed under the Passport Act.A single judge bench of Justice Krishna S Dixit while dismissing the petition of one Sridhar Kulkarni A said, “Right to travel abroad is a Fundamental right is true but it is regulated by the Passport Act and rules framed thereunder. If rules prescribe a procedure, one has to follow the same by making appropriate application along with the requisite documents."Karnataka HC Upholds Reduction Of Maintenance To 'Capable' Wife; Says She Can't Sit Idle, Can Only Seek 'Supportive Maintenance' From Husband Case Title: XYZ & ANR And Gurumanjunatha A S & OthersCase No: Criminal Revision Petition no.1324 of 2015Citation: 2023 LiveLaw (Kar) 252The Karnataka High Court has rejected a petition filed by a woman challenging the order of the Appellate court reducing the maintenance and compensation amount granted to her by the Magistrate court on filing of an application under section 12 of Protection of Women from Domestic Violence Act, 2005.A single judge bench of Justice Rajendra Badamikar observed that the petitioner-wife was working prior to her marriage and there is no explanation as to why she is incapable of working now. It added, “She is not supposed to sit idle and seek entire maintenance from her husband and she is also legally bound to make some efforts to meet her livelihood and she can seek only supportive maintenance from her husband.”Senior Citizens Act | Lawyers Allowed To Represent Parties Before Maintenance Tribunal, Karnataka HC Declares Bar U/S 17 Ultra Vires Advocates Act Case Title: K Srinivas Ganiga...

Karnataka High Court Weekly Round-Up: July 03 To July 09

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