Karnataka High Court Weekly Round-Up: February 19 - February 25, 2024

Citations: 2024 LiveLaw (Kar) 84 To 2024 LiveLaw (Kar) 94

Nominal Index:

BBMP POWRAKARMIKAR SANGHA AND Bruhat Bengaluru Mahangara Palike. 2024 LiveLaw (Kar) 84

The Divisional Manager Shriram General Insurance Company Limited AND Yunus & Others. 2024 LiveLaw (Kar) 85

Annappa Appasab Mokashi & ANR AND The SLAO & ANR. 2024 LiveLaw (Kar) 86

T Narayana Reddy & ANR AND Nirmala & others. 2024 LiveLaw (Kar) 87

Shahen @ Hanifa AND Shivakumar Bolishetty & Others. 2024 LiveLaw (Kar) 88

South Western Railway Catering Contractors Association AND The Union of India & Others. 2024 LiveLaw (Kar) 89

M G Purshotham & Others AND N K Srinivasan & Others. 2024 LiveLaw (Kar) 90

Bharatiya Janata Party AND Rizwan Arshad. 2024 LiveLaw (Kar) 91

Achutha Ayurveda Medical College Hospital and Research Centre & Others AND Union of India & Others 2024 LiveLaw (Kar) 92

K Lakshmi AND Canara Bank. 2024 LiveLaw (Kar) 93

Dr Rajesh Kumar D AND State of Karnataka & Others 2024 LiveLaw (Kar) 94

Judgments/Orders

Karnataka High Court Directs BBMP To Clear Rs 90 Crore Due Towards PF Accounts Of Powrakarmikas

Case Title: BBMP POWRAKARMIKAR SANGHA AND Bruhat Bengaluru Mahanagara Palike

Case No: WRIT PETITION No.16539/2022 (L-PF) C/W WRIT PETITION No.4449/2018

Citation No: 2024 LiveLaw (Kar) 84

The Karnataka High Court has directed Bruhat Bengaluru Mahanagara Palike (BBMP) to comply with the order of Regional Provident Fund Commissioner directing it to deposit an amount of Rs 90,18,89,719 towards provident fund, pension fund and insurance fund contribution for Powrakarmikas, for the period from January 2011 to July 2017.

A single judge bench of Justice KS Hemalekha dismissed the petition filed by the Corporation assailing the order of attachment dated 23.01.2018 passed by authority. The Corporation had contended that the impugned order passed by the authority is without giving any notice of hearing.

Accident Witnesses Often Don't Come Forward, Police Records Sufficient To Conclude Claimant's Injuries In Absence Of Contradictions: Karnataka HC

Case Title: The Divisional Manager Shriram General Insurance Company Limited AND Yunus & Others

Case No: MISCELLANEOUS FIRST APPEAL NO.104098 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.104099 OF 2017

Citation No: 2024 LiveLaw (Kar) 85

The Karnataka High Court has held that unless there is some material indicating of active collusion between the injured and driver/owner of the offending vehicle to lay a false claim seeking compensation, proof in the form of police records would be sufficient enough for the Motor Accidents Claim Tribunal to come to conclusion that claimant has proved his case of suffering injuries in the accident.

A single judge bench of Justice V Srishananda dismissed an appeal preferred by Shriram General Insurance Company challenging the validity of judgment and award passed on 30.08.2017 allowing the claim petitions filed by Yunus and others. An amount of Rs.77,350 and Rs.1,19,050 was granted respectively.

Land Acquisition | Lived Like Nomads, Couldn't Contact Advocate: Karnataka HC Asks Reference Court To Reconsider Villagers' Plea For Enhanced Award

Case Title: Annappa Appasab Mokashi & ANR AND The SLAO & ANR

Case No: MISCELLANEOUS FIRST APPEAL NO.102077/2014.

Citation No: 2024 LiveLaw (Kar) 86

The Karnataka High Court has come to the aid of land owners whose land was acquired by the government but their reference application seeking enhancement of compensation was disposed of for want of necessary evidence being placed on record.

A single judge bench of Justice V Srishananda allowed the appeal filed by Annappa Appasab Mokashi and others challenging the order passed by the Reference Court (Principal Senior Civil Judge, Athani) dated 25.11.2023 disposing of the reference application and the confirmation order passed by the Land Acquisition Officer awarding the compensation.

Self Acquired Properties Of Hindu Joint Family Member If Thrown In "Common Hotchpot" To Be Treated As Joint Family Property: Karnataka HC

Case Title: T Narayana Reddy & ANR AND Nirmala & others

Case No: Regular First Appeal No 491 OF 2016

Citation No: 2024 LiveLaw (Kar) 87

The Karnataka High Court has held that if a member of a joint Hindu family voluntarily throws his/her self-acquired property into common hotchpot with the intention of abandoning his/her separate claim over it and render it to be of all other members as well, such a property becomes a joint family property.

A division bench of Justice Krishna S Dixit and Justice G Basavaraja while dismissing an appeal filed by T Narayana Reddy and another said, “Partitioning of the self acquired property amongst all the members of the family by the matriarch raises a very strong presumption as to the subject properties having been put into a common hotchpot. That being the position, there is an eminent case for the invocation of the doctrine of common hotchpot.”

[Order 3 Rule 2 CPC] Trial Court Can't Prejudge Evidence Of Special Power Of Attorney While Dealing With Plaintiff's Application To Lead Evidence: Karnataka HC

Case Title: Shahen @ Hanifa AND Shivakumar Bolishetty & Others

Case No: Writ Petition No 100190 OF 2021

Citation No: 2024 LiveLaw (Kar) 88

The Karnataka High Court has said the trial court cannot assess and prejudge the evidence that would be given by the Special Power of Attorney, while considering an application made under Order III Rule 2 of the Civil Procedure Code, seeking permission to lead oral and documentary evidence through a special power of attorney.

A single judge bench of Justice Suraj Govindaraj said “In terms of Order III Rule 2 of CPC, the option having been provided under the CPC for leading of such evidence, the assessment of evidence cannot be done at the stage of consideration of application under Order III Rule 2 of CPC. It is only after the evidence is led and the witness is cross-examined, would the court be in a position to assess whether the person, who has deposed has personal knowledge or not.”

Karnataka High Court Upholds Railway Policy To Have Base Kitchens Near Stations, Says It's A Policy Decision To Ensure Good Quality & Hygiene

Case Title: South Western Railway Catering Contractors Association AND The Union of India & Others

Case No: WRIT PETITION No.4162 OF 2024 C/W WRIT PETITION No.4296 OF 2024

Citation No: 2024 LiveLaw (Kar) 89

The Karnataka High Court has upheld the 2023 addendum to the Railways Catering Policy of 2017, by which Base Kitchen infrastructure and qualified and skilled manpower to handle food production have to be put in place not only at originating but also at enroute stations for ensuring good quality and hygienic food to passengers on trains.

A single judge bench of Justice M Nagaprasanna dismissed the petition filed by South Western Catering Contractors Association and others questioning the Commercial Circular notified on 14-11-2023.

Hindu Adoption & Maintenance Act | Presumption Of Validity Operates In Favour Of Registered Adoption Deed, Strict Proof Not Required: Karnataka HC

Case Title: M G Purshotham & Others AND N K Srinivasan & Others

Case No: Regular Second Appeal No 498/2007

Citation NO: 2024 LiveLaw (Kar) 90

The Karnataka High Court has said that a strict burden of proof for an adoption cannot be insisted upon when the adoption deed is registered.

A single judge bench of Justice HP Sandesh allowed an appeal filed by MG Purushotham who had challenged the order of the trial court and the first appellate court allowing the suit filed by NK Srinivasan and others, declaring him as the absolute owner of the suit schedule properties and held that the adoption deed was null and void and not binding on the plaintiff.

Political Party Can Be Sued For Defamation: Karnataka HC Declines To Quash Congress Legislator's Suit Against BJP Over Allegedly Defamatory Tweets

Case Title: Bharatiya Janata Party AND Rizwan Arshad

Case No: CRL.P 11213/2022

Citation No: 2024 LiveLaw (Kar) 91

The Karnataka High Court on Thursday dismissed a plea filed by the Bharatiya Janata Party (BJP) seeking to quash a defamation complaint filed by Indian National Congress Legislator Rizwan Arshad, over allegedly defamatory tweets made by the party against him, in the year 2019.

A single judge bench of Justice Krishna S Dixit said “The tweets A and B if not C and D (as per annexures mentioned in the petition) prima facie hurt the reputation of the complainant, if they are taken at face value, assuming that they are true.”

'Not Many Takers For Seats In Ayurveda Colleges': Karnataka High Court Declines Plea For Additional Counselling Rounds To Fill Vacant Seats

Case Title: Achutha Ayurveda Medical College Hospital and Research Centre & Others AND Union of India & Others

Citation No: 2024 LiveLaw (Kar) 92

The Karnataka High Court has dismissed a batch of petitions filed by 26 Ayurveda Medical Colleges seeking a direction to the National Commission for Indian System of Medicine (NCISM) to provide extra rounds of counselling or extend the last date for admission for students to be admitted in the colleges. A division bench of Chief Justice P S Dinesh Kumar and T G Shivashankare Gowda said,

“The classes have already commenced from November 2023. At this juncture, if the admission process is extend the last date for admission for students to be admitted in the colleges. A division bench of Chief Justice P S Dinesh Kumar and T G Shivashankare Gowda said, “The classes have already commenced from November 2023. At this juncture, if the admission process is extended, it cannot be limited only to petitioner institutions excluding other Ayurvedic Colleges across the State. This would result in discontinuance of the academic schedule and the newly admitted students would not be able to cope up with the course.”

Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC

Case Title: K Lakshmi AND Canara Bank

Case No: Writ Petition No 27347 OF 2023

Citation No: 2024 LiveLaw (Kar) 93

The Karnataka High Court has held that merely because the appointing authority looked into a daughter's marital status to determine her dependency on a deceased employee will not by itself amount to gender discrimination.

A single judge bench of Justice Sachin Shankar Magadum clarified that the object of compassionate appointment is firmly rooted in addressing the immediate financial crisis faced by families following the demise of a family member.

Karnataka Examination Authority Allotted MD Respiratory Seat 'Illegally': High Court Imposes Rs.1 Lakh Cost

Case Title: Dr Rajesh Kumar D AND State of Karnataka & Others

Case No: Writ Petition No 7951 OF 2022

Citation No: 2024 LiveLaw (Kar) 94

The Karnataka High Court has imposed a cost of Rs 1 lakh on Karnataka Examination Authority after holding that allotment of MD in Respiratory Medicine seat made in favour of a candidate was wholly illegal.

A division bench of Chief Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda allowed the petition filed by Dr. Rajesh Kumar D and set aside the order allotting seat to Pradeep Naik G and directed the KEA to allot the MD in Respiratory Medicine seat in favour of the petitioner and issue necessary orders in that behalf within two weeks.