Karnataka High Court Weekly Roundup: February 26 - March 3, 2024

Citations: 2024 LiveLaw (Kar) 93 To 2024 LiveLaw (Kar) 107Nominal Index:K Lakshmi AND Canara Bank. 2024 LiveLaw (Kar) 93Dr Rajesh Kumar D AND State of Karnataka & Others 2024 LiveLaw (Kar) 94ABC AND State of Karnataka. 2024 LiveLaw (Kar) 95Shivappa AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 96Mazin Abdul Rahman @ Mazin. 2024 LiveLaw (Kar) 97Sharath Chandrasekhar AND Union of India. 2024 LiveLaw (Kar) 98Sikandar AND State of Karnataka & Others. 2024 LiveLaw (Kar) 99Junaid B AND State of Karnataka. 2024 LiveLaw (Kar) 100Chinnammayya AND State of Karnataka & Others. 2024 LiveLaw (Kar) 101A Alice AND Karnataka Transmission Corporation Limited. 2024 LiveLaw (Kar) 102B A Umesh AND State of Karnataka & Others. 2024 LiveLaw (Kar) 103B Mohammed Kunhi & ANR AND Abdul Saleem Hassan. 2024 LiveLaw (Kar) 104Shariff Constructions AND Bruhat Bengaluru Mahanagara Palike & ANR. 2024 LiveLaw (Kar) 105ABC AND XYZ. 2024 LiveLaw (Kar) 106Dr Lata Krishnaraddi Mankali AND State of Karnataka. 2024 LiveLaw (Kar) 107Judgments/OrdersCompassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HCCase Title: K Lakshmi AND Canara BankCase No: Writ Petition No 27347 OF 2023Citation No: 2024 LiveLaw (Kar) 93The 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 CostCase Title: Dr Rajesh Kumar D AND State of Karnataka & OthersCase No: Writ Petition No 7951 OF 2022Citation No: 2024 LiveLaw (Kar) 94The 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.Citing Weak Socio-Economic Background Of Accused & Survivor, Karnataka High Court Quashes POCSO Case Over Consensual Relationship With Minor Case Title: ABC AND State of KarnatakaCase No: Criminal Petition No 13469 OF 2023Citation No: 2024 LiveLaw (Kar) 95The Karnataka High Court recently quashed the criminal prosecution initiated against a 20-year old youth for allegedly marrying a minor girl and committing sexual intercourse, leading to her giving birth to a child.A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by the youth who was charged under Sections 366(A), 376(1) of the IPC and Sections 4 and 6 of the POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006. Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC Case Title: Shivappa AND State of Karnataka & ANRCase No: Criminal Revision Petition No 100280 OF 2022.Citation No: 2024 LiveLaw (Kar) 96The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216 (Court may alter charge), the powers under Section 216 of Cr.P.C. should not be exercised.A single judge bench of Justice S Vishwajith Shetty said “Abuse of legal procedure is one of the major factors for delay in disposal of cases. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed with, it would not be possible for the Courts to take effective steps for speedy disposal of the cases.”It added “Providing Fast Track Court and use of Alternate Dispute Resolution, is not sufficient to reduce the burden of the Courts. The courts have to be proactive and they are not only required to dispense with unnecessary procedures but are also required to ensure that legal procedures are not abused.”UAPA | Article 21 Can't Be Stretched To Protect Those Posing A Threat To Nation's Sovereignty & Integrity: Karnataka High CourtCase Title: Mazin Abdul Rahman Case No: Criminal Appeal No 2248 of 2023.Citation No: 2024 LiveLaw (Kar) 97 The Karnataka High Court while dismissing an appeal by an accused charged under the Unlawful Activities (Prevention) Act, said “Article 21 cannot be stretched too long to afford protection to persons who have least concern for rule of law and pose threat to...

Karnataka High Court Weekly Roundup: February 26 - March 3, 2024

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