Karnataka High Court Weekly Round-Up: November 18 - November 24, 2024

Citations: 2024 LiveLaw (Kar) 472 To 2024 LiveLaw (Kar) 480Nominal Index:Satish AND State of Karnataka. 2024 LiveLaw (Kar) 472State of Karnataka & Others AND Latha H N. 2024 LiveLaw (Kar) 473Parvati & ANR AND State of Karnataka & anr. 2024 LiveLaw (Kar). 474Ramesh N R AND Chief Secretary & Others. 2024 LiveLaw (Kar) 475Mandara AND State of Karnataka and Anr. 2024 LiveLaw (Kar) 476South Canara District Central Cooperative Bank Ltd AND State of Karnataka & Others. 2024 LiveLaw (Kar) 477M/S KARNATAKA STATE CERTIFIED SEED PRODUCERS' ASSOCIATION & Others And State of Karnataka & Others. 2024 LiveLaw (Kar) 478Rajanna R & Others AND Karnataka State Bar Council & Others. 2024 LiveLaw (Kar) 479Prajwal Revanna v/s State by CID Police. 2024 LiveLaw (Kar) 480Judgments/OrdersKarnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long RelationshipCase Title: Satish AND State of KarnatakaCase No: CRL.P 6419/2024Citation No: 2024 LiveLaw (Kar) 472The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Satish and quashed the case registered against him for sections 323,376,417,420,504,506 of the Indian Penal Code. While granting interim relief and staying all further proceedings qua the petitioner earlier the court had observed, “This case forms a classic illustration, as to what can become an abuse process of law. The petitioner and the complainant are said to have been in a relationship for 22 years. After 22 years of relationship, when the relationship turns sour, it is said to have become an offence of rape. It is on the face of it is an abuse of process of law to permit any proceedings, any further, in the case at hand.”Blindness Doesn't Come In Way Of Discharging Duties Of Teacher: Karnataka HC Upholds Order To Consider 100% Visually Challenged CandidateCase Title: State of Karnataka & Others AND Latha H NCase No: WRIT PETITION NO. 19994 OF 2024Citation No: 2024 LiveLaw (Kar) 473Quoting examples of visually impaired persons who have achieved great things in life such as Homer, Helen Keller and Louise Braille among others, the Karnataka High Court has observed that blindness would not come in the way of discharging duties of a teacher.A division bench of Justice Krishna S Dixit and Justice C M Joshi held thus while upholding an order passed by the Karnataka State Administrative Tribunal favouring the application made by Latha H N, a member of Scheduled caste and who is 100% blind and directed the authorities to consider her application along with low vision applicants for the post of Graduate Primary Teacher' (Social Studies, teaching Kannada).Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court ReiteratesCase Title: Parvati & ANR AND State of Karnataka & anrCase No: CRIMINAL PETITION NO.200120 OF 2024Citation No: 2024 LiveLaw (Kar). 474The Karnataka High Court has reiterated that a person filing a private complaint before the Magistrate court has to file a sworn affidavit in support of the complaint.A Single judge, Justice Mohammad Nawaz, held thus while allowing a petition filed by Parvati Sharanappa and another person and quashed the FIR and private complaint initiated by Rayappa Jangali against them on charges of cheating.In the complaint it was alleged that two cheques which were issued by the complainant towards security, were misused by the petitioners by filing a false case against him for offence punishable under Section 138 (cheque dishonour) of Negotiable Instruments (NI) Act.11-Yr Yawning Gap: Karnataka HC Imposes 10K Cost On Former BJP Corporator's PIL Against Waste Plant Development Rights To Private PersonsCase Title: Ramesh N R AND Chief Secretary & OthersCase No: WRIT PETITION NO. 25078 OF 2023Citation No: 2024 LiveLaw (Kar) 475The Karnataka High Court has dismissed a PIL filed by a former municipal corporator and BJP leader NR Ramesh, who had claimed that grant of developmental rights to private persons in lieu of land, for establishing a garbage wastage plant, had resulted in corrupt practice.In doing so the court noted that the plea was filed after over a decade since the order concerning the transferable development rights was passed. Terming it a "yawning gap of eleven years" the court said that it points to lack of bona fides on the petitioner's part and also imposed cost of Rs 10,000.Bonafide Intention To Get Her Child Adopted: Karnataka HC Nixes Trafficking Charge Against Woman Booked For Selling Her Child For Rs 15KCase Title: Mandara AND State of Karnataka and Anr.Case No: CRIMINAL PETITION NO. 11370 OF 2024.Citation No: 2024 LiveLaw (Kar) 476The Karnataka High Court recently quashed a criminal case against a woman booked for human trafficking, who allegedly sold her minor daughter for Rs 15,000 to a couple in Maharashtra as she was unable to maintain herself and her child.In doing so the court noted that...

Karnataka High Court Weekly Round-Up: November 18 - November 24, 2024

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