Karnataka High Court Weekly Roundup: May 20 - May 26, 2024

Citations: 2024 LiveLaw (Kar) 225 To 2024 LiveLaw (Kar) 232Nominal Index: Uma & ANR AND Banshankar & Others. 2024 LiveLaw (Kar) 225Chinnaswamy K AND Theosophy Company (Mysore) Pvt Ltd. 2024 LiveLaw (Kar) 226The State of Karnataka AND Anil N B. 2024 LiveLaw (Kar) 227Nagabhushan Reddy N & ANR AND Bruhat Bengaluru Mahanagara Palike & Others. 2024 LiveLaw (Kar) 228ABC AND State of Karnataka & Others. 2024 LiveLaw (Kar) 229Adhilakshmi & Others AND K Chidanand. 2024 LiveLaw (Kar) 230Ando Paul AND G Ismail Musliyar. 2024 LiveLaw (Kar) 231ABC AND XYZ. 2024 LiveLaw (Kar) 232Judgments/OrdersKarnataka High Court Attaches Husband's Property For Failing To Pay Maintenance To Wife & Differently-Abled Child Case Title: Uma & ANR AND Banshankar & OthersCase No: MISCELLANEOUS FIRST APPEAL NO. 9908 OF 2018Citation No: 2024 LiveLaw (Kar) 225The Karnataka High Court recently directed attaching the property of a man by creating a charge over his property to secure payment of maintenance to his estranged wife and differently-abled son.A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde allowed the application filed by the wife and child for attaching the property of the husband. It said “Charge is created over the said property to secure payment of maintenance to the plaintiffs. The property standing in the name of the 1st defendant described in the schedule given below, and any other property in the name of the 1st defendant, if the property details are furnished by the plaintiff, shall carry the charge of maintenance ordered by this Court.”Jural Relationship Of Landlord And Tenant Is Established If Employee Is Given Rent-Free Accommodation By Company: Karnataka High Court Case Title: Chinnaswamy K AND Theosophy Company (Mysore) Pvt LtdCase No: CIVIL REVISION PETITION NO. 483 OF 2023Citation No: 2024 LiveLaw (Kar) 226The Karnataka High Court has held that by providing a rent-free accommodation, as a term of employment, would create a jural relationship of a 'landlord and tenant' between an employer and an employee.A single judge bench of Justice N S Sanjay Gowda dismissed a petition filed by Chinnaswamy K who had sought quashing of the judgment and decree dated 08.06.2023 passed by the small causes court, allowing the suit filed by Theosophy Company (Mysore) Pvt Ltd and directed the petitioner to vacate the suit schedule property and hand over possession of the same to the respondent herein.Karnataka High Court Convicts Son For Assaulting 60 Yr-Old Mother Leading To Her Death, Says Deceased Had No Reason To Falsely Implicate Her Son Case Title: The State of Karnataka AND Anil N BCase No: CRIMINAL APPEAL NO.106/2018Citation No: 2024 LiveLaw (Kar) 227The Karnataka High Court recently set aside an acquittal order passed by the trial court and convicted a son for offences under section 304 of the Indian Penal Code, for assaulting and causing the death of his 60-year-old mother.A division bench of Justice K S Mudagal and Justice T.G. Shivashankare Gowda allowed the appeal filed by the state government and set aside the trial court acquitting Anil N B for the charge of murdering his mother Gangamma.The bench said “The holistic appreciation of the evidence shows that the prosecution discharged its burden of proving that the victim suffered injuries due to the assault by the accused which led to her death. The appreciation of the evidence by the Trial Court is contrary to the material on record, the circumstances of the case and the judgments of the Hon'ble Supreme Court referred to supra. Hence the same is perverse or patently illegal.”Karnataka High Court Directs BBMP To Implement 2020 'Parking Policy 2.0' To Streamline On-Street Parking Case Title: Nagabhushan Reddy N & ANR AND Bruhat Bengaluru Mahanagara Palike & OthersCase No: WRIT PETITION NO. 23631 OF 2023Citation No: 2024 LiveLaw (Kar) 228The Karnataka High Court has directed the authorities to implement the Parking Policy 2.0. The Court directed the Commissioner of Bruhat Bengaluru Mahanagara Palike (BBMP) to by June 20 submit a detailed project report on the methodology of implementation of the Parking Policy, before the court.A single judge bench of Justice Suraj Govindaraj said “Though Parking Policy 2.0 is stated to have come into force in December 2020, the Area Parking Plan, parking charges framework, the streamlining of on-street parking, initiation of a pilot permit system etc., has not been carried out by the BBMP. The inaction on part of BBMP and/or Directorate of Urban Land Transport in doing the needful has resulted in inconvenience to the general public as can be seen in the present matter and inconvenience is being caused to the petitioners.”Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From HusbandCase Title: ABC AND State of Karnataka & OthersCase No: WRIT PETITION (H C) NO.41 OF 2024Citation No: 2024 LiveLaw (Kar) 229The Karnataka High...

Karnataka High Court Weekly Roundup: May 20 - May 26, 2024

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