Karnataka High Court Weekly Round-Up: April 29 - May 05, 2024

Citations: 2024 LiveLaw (Kar) 202 To 2024 LiveLaw (Kar) 209Nominal Index: SRIVIDYA C G AND SERIOUS FRAUD INVESTIGATION OFFICE. 2024 LiveLaw (Kar) 202Jayashankar AND The Assistant Commissioner & Others. 2024 LiveLaw (Kar) 203Sultan Mohiyuddin & Others AND Habeebunissa & Others. 2024 LiveLaw (Kar) 204Somashekar AND State of Karnataka. 2024 LiveLaw (Kar) 205Dr Ravikumar N.K AND The State Of Karnataka & ANR. 2024 LiveLaw (Kar) 206David D'souza AND State of Karnataka. 2024 LiveLaw (Kar) 207.Padpara Patti, Syed Basha Aysb and Anr. vs The Labour Department Government of Karnataka Office at Labour Officer and Anr. 2024 LiveLaw (Kar) 208The Management Of Nwkrtc, Gadag Division Vs Manjunath. 2024 LiveLaw (Kar) 209Judgments/OrdersSpecial Courts Established Under Companies Act, 2013 Can't Retrospectively Try Offences Committed Under 1956 Act: Karnataka High CourtCase Title: SRIVIDYA C G AND SERIOUS FRAUD INVESTIGATION OFFICECase No: WRIT PETITION NO. 4380 OF 2018 (GM-RES) C/W WRIT PETITION NO. 3624 OF 2018 (GM-RES), WRIT PETITION NO. 3625 OF 2018 (GM-RES), WRIT PETITION NO. 3632 OF 2018 (GM-RES), WRIT PETITION NO. 3642 OF 2018 (GM-RES), WRIT PETITION NO. 3829 OF 2018 (GM-RES), WRIT PETITION NO. 3943 OF 2018 (GM-RES), WRIT PETITION NO. 4381 OF 2018 (GM-RES), WRIT PETITION NO. 4671 OF 2018 (GM-RES), WRIT PETITION NO. 6074 OF 2018 (GM-RES), WRIT PETITION NO. 11889 OF 2018 (GM-RESCitation No: 2024 LiveLaw (Kar) 202The Karnataka High Court has quashed a criminal prosecution initiated in 2015 by the Serious Fraud Investigation Office (SFIO) against the accused involved in the merger initiated by Kingfisher Airlines Limited (KFAL) to acquire Deccan Aviation Limited (DAL) by providing fraudulent documents to its shareholders, stakeholders thereby violating various provisions of the Companies Act and the Income Tax Act.A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Srividya C G and others who were charged along with fugitive Vijay Mallya (Not before the court in this proceedings) and quashed the case registered under Sections 36 read with Sections 448 and 447 of the Companies Act, 2013, and Section 68 read with Section 628 of the Companies Act, 1956.Fraud U/S 23(1) Senior Citizens Act Limited To Breach Of Condition Of Upkeep Of Transferor, Can't Be Enlarged To Fraud In Civil Law: Karnataka HCCase Title: Jayashankar AND The Assistant Commissioner & OthersCase No: WRIT APPEAL NO.339 OF 2023.Citation No: 2024 LiveLaw (Kar) 203The Karnataka High Court has made it clear that the concept of fraud or coercion incorporated in the Section 23 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to be the ground to declare the gift deed as void is limited to the breach of condition that the transferee shall provide basic amenities and physical needs to the senior citizen-transferor.A division bench of Chief Justice N V Anjaria and Justice Krishna S Dixit set aside a part of the order passed by the tribunal whereby it had allowed the complaint filed by K. V. Nanjappa setting aside the gift deed executed by him in favour of his son Jayashankar.Shariat Law Doesn't Override Stamp Act; Transfer Of Property By Way Of Settlement Deed Permissible Among Mohammedans: Karnataka High CourtCase Title: Sultan Mohiyuddin & Others AND Habeebunissa & OthersCase No: RFA NO.626 OF 2013Citation No: 2024 LiveLaw (Kar) 204The Karnataka High Court has held that the Muslim Personal Law (Shariat) Application Act, 1937, does not override Section 2(q) and Article 48 of the Karnataka Stamp Act 1957, which deal with the contract of “settlement” thus, the transfer of property by way of “settlement” is very much permissible even among Mohammedans.A single-judge bench of Justice Ananth Ramanath Hegde allowed an appeal filed by Sultan Mohiyuddin and others and set aside the order of the trial court which had allowed the suit for partition and separate possession filed by Habeebunnissa and others and held that the transfer of property through settlement deed as was done by the father of the appellant is impermissible among the Mohammadans.[S.224 IPC] Separate Trial Permissible If Accused Escapes From Lawful Custody While Arrested In Another Crime: Karnataka High CourtCase Title: Somashekar AND State of KarnatakaCase NO: CRIMINAL REVISION PETITION NO.126/2017Citation No: 2024 LiveLaw (Kar) 205The Karnataka High Court has dismissed a revision petition filed by an accused who was convicted by the trial court for running away from the lawful custody of the police under Section 224 of the Indian Penal Code.A single judge bench of Justice H P Sandesh dismissed the petition filed by Somashekar who was convicted by the trial court on 09.06.2014 and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.1,000, the order was upheld by the appellate court.Karnataka HC Refuses To Quash Case Against Doctor Allegedly Involved In Illegal Medical Termination Of Pregnancy ScamCase Title: Dr Ravikumar N.K ...

Karnataka High Court Weekly Round-Up: April 29 - May 05, 2024

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