Karnataka High Court Weekly Roundup: June 10 - June 16, 2024

Citations: 2024 LiveLaw (Kar) 256 To 2024 LiveLaw (Kar) 264Nominal Index:City Municipal Council Channapatna AND Siddaramu & ANR. 2024 LiveLaw (Kar) 255. 2024 LiveLaw (Kar) 256Santhosh Shetty & Others AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 257Rev. Devaraj Bangera And State of Karnataka. 2024 LiveLaw (Kar) 258X AND Karnataka Medical Council & ANR. 2024 LiveLaw (Kar) 259M/s Akhila Karnataka Hindu Temples Priest Agamikas and Archaks Association And State of Karnataka & Anr. 2024 LiveLaw (Kar) 260Dr Chethan Kumar S AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 261C B Prakash & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 262Nikil Sankla AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 263Uemsha T N and Ors vs. State of Karnataka. 2024 LiveLaw (Kar) 264Judgments/OrdersJudges Not "Mughals", Can't Transcend Law To Do Justice: Karnataka HC Refuses To Extend Disabled Shop Owner's Lease Beyond Statutory Limit Case Title: City Municipal Council Channapatna AND Siddaramu & ANRCase No: WA NO.1983 OF 2016Citation No: 2024 LiveLaw (Kar) 255The Karnataka High Court has set aside a single bench order which directed the City Municipal Council of Channapatna to extend the lease of a shop allotted to a disabled person to 20 years, instead of the stipulated 12-years lease period.A division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar allowed the appeal filed by the Council by citing a Government Circular dated 26.10.2009 which prescribes a maximum period of 12 years lease of these properties for disabled persons under the Karnataka Municipalities Act, 1964. It said, “The learned Single Judge could not have lightly construed such an instrument of law to the prejudice of public interest and conversely to the advantage of a private citizen. No writ can be issued in derogation of law. Writ Courts in the guise of doing justice cannot transcend the barriers of law, to say the least. Obviously, they cannot arrogate to themselves the extraordinary power vested in the Apex Court of the country under Article 142 of the Constitution. After all, we are Judges and therefore, cannot act like mughals of a bygone era. More is not necessary to specify.”Minor Involved in Accident: Owner Liable, 'Pay and Recover' Not Applicable | Rules Karnataka High Court Case Title: The New India Assurance Co Ltd AND Bibi Nafisa & OthersCase No: MISCELLANEOUS FIRST APPEAL NO.7683 OF 2014(MV-D) C/W MFA CROSS OBJECTION NO. 54 OF 2020Citation No: 2024 LiveLaw (Kar) 256The Karnataka High Court has held that the principle of pay and recover is not applicable in case a minor boy drives the vehicle and causes the accident. In such cases, the owner of the vehicle alone shall pay the compensation to the claimants and not the Insurance Company, it held.A single judge bench of Justice Hanchate Sanjeev Kumar allowed the appeal filed by The New India Assurance Co Ltd and set aside the order of the tribunal dated 11.08.2014 insofar as it relates to fastening liability on the Insurance Company to pay compensation.'No False Promise Of Marriage': Karnataka High Court Quashes Rape Case Filed By Woman Against Her Fiancee And His Family Members After Wedding Was Called OffCase Title: Santhosh Shetty & Others AND State of Karnataka & ANRCase No: CRIMINAL PETITION No.13912 OF 2023Citation No: 2024 LiveLaw (Kar) 257The Karnataka High Court has quashed a rape case registered by a woman against her would-be husband alleging that after the betrothal ceremony on the promise of marriage the accused had forced the complainant to indulge in sexual intercourse and seven months later refused to marry.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Santosh Shetty and his family members who were charged with offences punishable under sections 376, 471, 420, 109, 504 r/w 34 of the Indian Penal Code.Manipulated Birth Certificate To Continue As Head Of Church For One More Year? Karnataka High Court Orders Imprisonment Till Rising Of Court Case Title: Rev. Devaraj Bangera And State of Karnataka Case No: CRIMINAL REVISION PETITION NO.67 OF 2015Citation No: 2024 LiveLaw (Kar) 258The Karnataka High Court recently upheld the order of conviction handed down by the trial court to a retired head of a church who had manipulated his date of birth certificate so as to get the benefit of continuing to be head of the church for one more year.A single judge bench of Justice V Srishananda however upon noting that offence was committed almost 20 years ago in 2004 and accused is aged 80-years, modified the prison term of three years and directed the accused to undergo simple imprisonment for a day till raising of the Court.Karnataka High Court Declines Wife's Plea To Examine Husband Allegedly Diagnosed With 'Missing Brain' Condition Amidst Pending Divorce Case Case Title: X AND Karnataka Medical Council & ANRCase No: WRIT PETITION No.4617 OF 2024Citation No: 2024 LiveLaw (Kar) 259The Karnataka High Court has dismissed a petition filed by a...

Karnataka High Court Weekly Roundup: June 10 - June 16, 2024

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