Karnataka High Court Weekly Roundup: July 22 - July 28, 2024

Citations: 2024 LiveLaw (Kar) 326 To 2024 LiveLaw (Kar) 337Nominal Index:State of Karnataka & Others AND Umadevi Hundekar. 2024 LiveLaw (Kar) 326ABC AND State of Karnataka. 2024 LiveLaw (Kar) 327Dhariyappagouda Patil AND State of Karnataka & Others. 2024 LiveLaw (Kar) 328Zaheda Inamdhar AND Dr Fatima Hassina Sayyedha. 2024 LiveLaw (Kar) 329Canara Bank AND Commissioner of Customs & Others. 2024 LiveLaw (Kar) 330Dr. Amrithalakshmi R AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 331Thanmay U AND State of Karnataka & ANR. 2024 Live Law (Kar) 332Dr. Sabeel Ahmed @ Motu Doctor AND National Investigating Agency. 2024 LiveLaw (Kar) 333Dhananje Gowda & Others AND State of Karnataka. 2024 LiveLaw (Kar) 334Shahrukh Ayub Khan & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 335Dhanush B N & Others AND Karnataka State Law University & Others. 2024 LiveLaw (Kar) 336Siri Srikanth AND The Karnataka Examination Authority & Others. 2024 LiveLaw (Kar) 337Judgments/OrdersTeachers Above 50 Yrs Age Exempted From Transfer: Karnataka HC Upholds Tribunal Order Setting Aside Transfer Of Surplus Teachers Case Title: State of Karnataka & Others AND Umadevi HundekarCase No: WRIT PETITION NO. 102121 OF 2024 (S-KAT) C/W WRIT PETITION NO. 102119 OF 2024Citation No: 2024 LiveLaw (Kar) 326The Karnataka High Court has observed that whenever a beneficial provision is incorporated in a statute, it has to be given effect in favour of the beneficiaries by authorities irrespective of whether the beneficiary has made an application in that regard or not.A division bench of Chief Justice N V Anjaria and Justice S G Pandit made the observation while dismissing petitions filed by the State Government questioning the order passed by Karnataka State Administrative Tribunal (KSAT) setting aside the transfer order passed against Umadevi Hundekar (55) and Prabhavati Ronad (58), as they were found to be surplus teachers.Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim Case Title: ABC AND State of Karnataka Case No: CRL.P 4658/2024 Citation No: 2024 LiveLaw (Kar) 327The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child.A single judge bench of Justice M Nagaprasanna quashed the proceedings initiated under sections 376(2)(n), 506 of IPC and Sections 5(L), 5(J)(II), 6 of Protection of Children from Sexual Offences Act, 2012 against the accused.'Act Within Bounds Of Legal Authority': Karnataka HC Imposes 25K Cost On Asst Commissioner Of Senior Citizens Tribunal For Entertaining Frivolous Plea Case Title: Dhariyappagouda Patil AND State of Karnataka & OthersCase No: WRIT PETITION NO. 101705 OF 2024Citation No: 2024 LiveLaw (Kar) 328The Karnataka High Court has imposed a cost of Rs 25,000 on an Assistant Commissioner of the Maintenance and Welfare of Senior Citizen Protection Tribunal, for exceeding his jurisdiction, entertaining a frivolous application under Section 23 of the Senior Citizens Act and nullifying a sale deed entered into by parties.A single-judge bench of Justice Sachin Shankar Magadum, directed the Assistant Commissioner of Savanur Sub-Division to pay the cost with the Advocate Clerks Welfare Fund, High Court of Karnataka, Dharwad.[Negotiable Instruments Act] Evidence Of Accused Cannot Be Tendered By Way Of Affidavit: Karnataka High CourtCase Title: Zaheda Inamdhar AND Dr Fatima Hassina SayyedhaCase No: WRIT PETITION No.3519 OF 2024Citation No: 2024 LiveLaw (Kar) 329The Karnataka High Court has held that an accused has no right to tender his evidence by way of an affidavit in a proceedings initiated against him under the Negotiable Instruments Act.A Single judge bench of Justice M Nagaprasanna allowed the petition filed by the complainant Zaheeda Inamdhar and set aside an order of the trial court permitting the filing of an affidavit by the accused Dr Fatima Hassina Sayeedha and rejecting Inamdhar's application filed under Section 311 of CrPC to cross-examine the accused.Recovery Of Debt Of Bank Under SARFAESI Act Prevails Over Debts Under FEMA: Karnataka High Court Case Title: Canara Bank AND Commissioner of Customs & OthersCase No: WRIT PETITION NO. 10895 OF 2023Citation No: 2024 LiveLaw (Kar) 330The Karnataka High Court recently held that provisions of the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act (SARFAESI) will override the provisions of the Foreign Exchange Management Act,(FEMA) which is a subsequent enactment, the debt of a secured creditor–Bank, would have priority and prevail over all other debts.A single judge bench of Justice S R Krishna Kumar held thus while allowing the petition filed by Canara Bank and directed the Assistant Director of Enforcement Directorate to release a property which was mortgaged to the Bank by one Iqbal Ahmed. ED had seized...

Karnataka High Court Weekly Roundup: July 22 - July 28, 2024

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