Karnataka High Court Weekly Round-Up: November 4 To November 10, 2024

Citations: 2024 LiveLaw (Kar) 455 To 2024 LiveLaw (Kar) 463Nominal Index:Siji Malayil & ANR And Union of India & ANR. 2024 LiveLaw (Kar) 455B. SATHYANARAYANACHAR AND State of Karnataka & Others. 2024 LiveLaw (Kar) 456Raja Yogi Nirmalnathji Maharaj AND KADRI JOGI (YOGISHWAR) MUTT & Others. 2024 LiveLaw (Kar) 457XXX AND STATE BY WOMEN POLICE STATION & ANR. 2024 LiveLaw (Kar) 458The Taj West End Hotel AND K Venkatesh. 2024 LiveLaw (Kar) 459J P Nadda AND State of Karnataka. 2024 LiveLaw (Kar) 460R.K.BHAT AND SHANTHI ROACHE & ANR. 2024 LiveLaw (Kar) 461Manoj Mittal & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 462Prema & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 463Judgments/Orders'Reasonable Efforts Made, No Further Action Required': Karnataka High Court Closes PIL To Deploy Indian Army For Rescuing Landslide Victims Case Title: Siji Malayil & ANR And Union of India & ANRCase No: WP 19409/2024Citation No: 2024 LiveLaw (Kar) 455The Karnataka High Court on Monday (November 4) disposed of a public interest litigation petition seeking deployment of Indian Army personnel for rescuing the victims of of the July 16 landslide on National Highway 66 in Uttara Kannada district, after it was informed that the situation was back to normal.Govt Should Bring Regulations To Exempt Nurseries From Land Acquisition, Reliance On GOs 'Must Stop Forthwith': Karnataka High Court Case Title: B. SATHYANARAYANACHAR AND State of Karnataka & OthersCase No: WRIT PETITION No.21760 OF 2023Citation No: 2024 LiveLaw (Kar) 456While hearing a plea pertaining to the acquisition of a land claimed to be used as a nursery, the Karnataka High Court has said that the reliance on a 1987 government order exempting Nurseries (Plant nursery) from land acquisition must stop forthwith.In doing so the high court further said, that if the acquiring authorities want to exempt nurseries from land acquisition, it can do it only after bringing in a regulatory regime for recognition of such nurseries. The high court emphasized that a government order–which in this case exempted nurseries from land acquisition–cannot override a statue.Karnataka High Court Upholds Order Requiring Mutt Head To Appear In Court For Leading Evidence After Completing Daily Rituals Case Title: Raja Yogi Nirmalnathji Maharaj AND KADRI JOGI (YOGISHWAR) MUTT & OthersCase No: WRIT PETITION NO. 26894 OF 2024Citation No: 2024 LiveLaw (Kar) 457The Karnataka High Court dismissed a plea moved by the Matadhipathi (religious head) of Kadri Shri Jogi Mutt (Yogishwara Mutt) who had sought appointment of a Commissioner to record his evidence in a suit before the trial court seeking a declaration that the Mutt (monastery) belongs to the Jogi community.The petitioner defendant–Raja Yogi Nirmalnathji Maharaj had sought this appointment on the ground that he is unable to attend the trial court to lead evidence, as he has to perform daily rituals at the Mutt. He had also contended that his ill-health was not permitting him to attend court. The trial court had rejected his request against which he moved the high court.Even If Child In Conflict With Law Is To Be Tried As Adult, His Bail Application Will Be Considered U/S 12 JJ Act And Not CrPC: Karnataka HC Case Title: XXX AND STATE BY WOMEN POLICE STATION & ANRCase No: CRIMINAL PETITION NO. 9582 OF 2024Citation No: 2024 LiveLaw (Kar) 458The Karnataka High Court has said that even if a child in conflict with law is ordered to be tried as an adult, as provided under Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015, his bail application is to be considered under Section 12 of the Act, it cannot be considered under the provisions of Code of Criminal Procedure.A single judge bench of Justice S Vishwajith Shetty held thus while allowing a bail petition filed by a minor who is accused of sexually assaulting her minor sister and causing her to become pregnant and who is directed to be tried before a Special Court as an adult.The court said, “Section 12(1) of the Act provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, or any other law for the time being in force, a child, who is produced before the Board, shall be released on bail subject to proviso to Section 12(1) of the Act of 2015. Therefore, it is very clear that even if the child is ordered to be tried as an adult, as provided under Section 18(3) of the Act of 2015, for the purpose of his bail application, Section 12 of the Act of 2015 would be applicable and his bail application cannot be considered under the provisions of Code of Criminal Procedure.”Theft By Employee Leads To Mistrust In Him, Labour Court Cannot Order Reinstatement On Sympathy: Karnataka High Court Case Title: The Taj West End Hotel AND K VenkateshCase No: WRIT PETITION No.1474/2020Citation No: 2024 LiveLaw (Kar) 459The Karnataka High Court has said that the Labour Court cannot on the ground of sympathy alone direct reinstatement of a workman, when he is involved...

Karnataka High Court Weekly Round-Up: November 4 To November 10, 2024

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