Karnataka High Court Weekly Round-Up: November 6 To 12, 2023

Citations: 2023 LiveLaw (Kar) 420 To 2023 LiveLaw (Kar) 429

Nominal Index:

Dr Uday Mulgund And State of Karnataka & Others. 2023 LiveLaw (Kar) 420

B Narayana & Others AND State Of Karnataka & Others. 2023 (Kar) LiveLaw 421

Manjula @ Manju And The Chief Secretary & Others. 2023 LiveLaw (Kar) 422

Ashok M.S & Others And The Anti Corruption Bureau & Others. 2023 LiveLaw (Kar) 423

Prof B Shivaraj And State of Karnataka & Others. 2023 LiveLaw (Kar) 424

Kavitha R & ANR AND The Assistant Commissioner. 2023 (Kar) LiveLaw 425.

Dr. Shivamurthy Murugha Sharanaru And State of Karnataka. 2023 LiveLaw (Kar) 426

Devaraj P R And Karnataka Cooperative Milk Producers Federation Limited. 2023 LiveLaw (Kar) 427

ABC And XYZ. 2023 LiveLaw (Kar) 428

Chandan N V and Others AND Sate of Karnataka & Others. 2023 LiveLaw (Kar) 429.

Judgments/Orders

Can't Compromise On Qualification When Appointing Director Of Medical Institute: Karnataka High Court

Case Title: Dr Uday Mulgund And State of Karnataka & Others

Case No. WRIT PETITION NO. 105637 OF 2023

Citation: 2023 LiveLaw (Kar) 420

The Karnataka High Court has dismissed a petition filed by Dr Uday Mulgund questioning an order by which he was repatriated to his original Post of Professor of the Karnataka Institute of Medical Sciences, from the Post of First Director Haveri Institute of Medical Sciences.

A single judge bench of Justice M Nagaprasanna said “The qualification cannot be given a gobye on any circumstance whether it is for the appointment of first Dean cum Director or the subsequent Dean cum Director.”

Karnataka High Court Refuses To Entertain PIL For Naming Of Roads In Consultation With Villagers

Case Title: B Narayana & Others AND State Of Karnataka & Others

Case No: WRIT PETITION NO. 19391 OF 2023

Citation: 2023 (Kar) LiveLaw 421

The Karnataka High Court has made it clear that which road should be named after whom cannot be a subject matter of adjudication in a Public Interest Litigation.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed a petition filed by B Narayan and others. The petitioners had approached the court seeking a direction to the Bettahalasuru Gram Panchayat Grama Soudha to pass appropriate Resolution after taking Representation from the villagers for selecting names to be incorporated on the name plate of each road.

Karnataka High Court Ruling: Rectifications In Nomination Form Is Not Permitted Once The Form Is Submitted For Their Candidacy.

Case Title: Manjula @ Manju And The Chief Secretary & Others

Case No: WRIT PETITION NO. 17758 OF 2022

Citation No. 2023 LiveLaw (Kar) 422

The Karnataka High Court has held that a candidate contesting elections to a public office is not permitted to rectify defects in the nomination form at the time of scrutiny, which is done post the last date for filing of nomination.

A single judge bench of Justice Surag Govindaraj dismissed the petition filed by Manjula @ Manju, wherein her nomination for the post of Member of Tumbala Grama Panchayath from Block-II Constituency reserved for BCM-IIA Women Category, came to rejected by the returning officer.

Sting Operations By Media | Karnataka High Court Orders Media Houses To Abide by Cable TV Act

Case Title: Ashok M.S & Others And The Anti Corruption Bureau & Others

Case No: WRIT PETITION No.15582 OF 2022 (GM-RES) C/W CRIMINAL PETITION NO.7430 OF 2022 CRIMINAL PETITION NO.7431 OF 2022 CRIMINAL PETITION NO.7473 OF 2022 WRIT PETITION NO.10313 OF 2023 (GM-RES) WRIT PETITION NO.10335 OF 2023 (GM-RES) WRIT PETITION NO.10363 OF 2023 (GM-RES) WRIT PETITION NO.10549 OF 2023 (GM-RES) WRIT PETITION NO.10585 OF 2023 (GM-RES) WRIT PETITION NO.10676 OF 2023 (GM-RES) WRIT PETITION NO.10825 OF 2023 (GM-RES)

Citation No. 2023 LiveLaw (Kar) 423

The Karnataka High Court has said that sting operations if conducted henceforth by media houses will have to be in strict consonance with provisions of the Cable Television Networks (Regulation) Act, 1995.

A single judge bench of Justice M Nagaprasanna upheld the validity of the sting operations carried out by Power TV on 8 Traffic Police Inspectors and 3 Assistant Commissioners of Police, which has recorded them as accepting bribes in return of official favours. It however obliterated the sting carried out where money is thrust upon a public servants of another department.

S.17A PC Act | Prior Approval Must When No 'Demand' Made By Accused Public Servant But Money Is Accepted Or Thrust Upon Him: Karnataka High Court

Case Title: Ashok M.S & Others And The Anti Corruption Bureau & Others

Case No: WRIT PETITION No.15582 OF 2022 (GM-RES) C/W CRIMINAL PETITION NO.7430 OF 2022 CRIMINAL PETITION NO.7431 OF 2022 CRIMINAL PETITION NO.7473 OF 2022 WRIT PETITION NO.10313 OF 2023 (GM-RES) WRIT PETITION NO.10335 OF 2023 (GM-RES) WRIT PETITION NO.10363 OF 2023 (GM-RES) WRIT PETITION NO.10549 OF 2023 (GM-RES) WRIT PETITION NO.10585 OF 2023 (GM-RES) WRIT PETITION NO.10676 OF 2023 (GM-RES) WRIT PETITION NO.10825 OF 2023 (GM-RES)

Citation No. 2023 LiveLaw (Kar) 423

The Karnataka High Court has allowed the petitions filed by officials of the Commercial Tax Department and quashed proceedings initiated against them under the Prevention of Corruption Act by Karnataka Lokayukta, based on sting operations carried out by media houses. However, it refused to obliterate the proceedings initiated against traffic police personnel who permitted heavy vehicles into areas where they were prohibited to ply during certain hours, on acceptance of money.

Karnataka High Court Rejects PIL To Remove Visvesvaraya Technological University VC Citing Lack Of Petitioners' Bonafide

Case Title: Prof B Shivaraj And State of Karnataka & Others

Case No: WRIT PETITION No.21681 OF 2022 C/W WRIT PETITION No.23349 OF 2022

Citation: 2023 LiveLaw (Kar) 424

The Karnataka High Court has said that a petitioner who invokes PIL jurisdiction, more particularly with a prayer for a Writ of Quo Warranto, has to approach the court with ‘clean heart, clean mind and clean objective'.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit made the observation while dismissing two "identical" petitions filed by Professor B Shivraj and Dr. K Mahadev, questioning the appointment of Vidyashankar S, as Vice Chancellor of Visvesvaraya Technological University. The petitioners also sought his removal on the ground that his appointment is violative of UCG regulation of Minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges.

Parents Forgive Children's Misdeeds Until It Becomes Unbearable: Karnataka HC Rejects Daughter's Plea Against Cancellation Of Father's Gift Deed

Case Title: Kavitha R & ANR AND The Assistant Commissioner.

Case No. WA 488/2023

Citation No: 2023 (Kar) LiveLaw 425.

The Karnataka High Court on Wednesday dismissed an appeal filed by the daughter of an aged couple seeking to reverse the order of the single judge which had in turn upheld the order of the Assistant Commissioner, Tumkur, cancelling the gift deed executed by her father in her favour.

"Which father and mother will come and say? Unless it is unbearable for them...." a division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit remarked based on statements made before it that the parents were subjected to physical assault.

It added, “On the contrary in our society and our culture the tendency is to forgive the children inspite of their misdeeds. Sometimes this forgiving may cost them (parents) at various levels but still it is done. Only when it is unbearable...which father and mother will come and say unless there is some element of truth.”

Karnataka HC Grants Bail To Muruga Mutt Seer In POCSO Case, Says No Adverse Inference Of Influencing Witnesses By Virtue Of His Position

Case Title: Dr. Shivamurthy Murugha Sharanaru And State of Karnataka

Case No: CRIMINAL PETITION NO. 5031 OF 2023 C/W CRIMINAL APPEAL NO. 1230 OF 2023.

Citation No. 2023 LiveLaw (Kar) 426

The Karnataka High Court on Wednesday granted bail to pontiff of Murugha Mutt of Chitradurga, Dr. Shivamurthy Muruga Sharanaru, accused of sexually abusing two minor girls staying in the hostels run by the Mutt. The seer was arrested under POCSO Act after the girls approached a Mysuru-based NGO Odanadi Seva Samsthe seeking help.

A single judge bench of Justice Sreenivas Harish Kumar said bail cannot be denied merely because accused is an influential person. "It is no doubt true that accused No.1 is the Chief of a Mutt which has a large number of devotees and followers. His position itself cannot be a reason for drawing an inference that he will try to meddle with the evidence. Mere allegation to this effect cannot be considered if a case for a bail is otherwise made out.”

Karnataka HC Pulls Up Milk Producers Federation For "Shunting" Reserved Category Candidate Sans Opportunity To Rectify Social Status Certificate

Case Title: Devaraj P R And Karnataka Cooperative Milk Producers Federation Limited.

Case No: WRIT APPEAL NO. 708 OF 2023

Citation: 2023 LiveLaw (Kar) 427

The Karnataka High Court recently pulled up the Karnataka Cooperative Milk Producers Federation Limited for "shunting" a reserved category candidate to the general seat merely because the Social Status Certificate which he had uploaded with the application was not clearly visible.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said a simple intimation to the candidate of the so called defect would have been made the impugned action compliant with the principles of natural justice.

Loss Of Job No Ground To Not Pay Maintenance To Estranged Wife U/S 24 Hindu Marriage Act: Karnataka High Court

Case Title: ABC And XYZ

Case No: WRIT PETITION NO. 20801 OF 2022

Citation: 2023 LiveLaw (Kar) 428

The Karnataka High Court has rejected the petition filed by a husband challenging the interim maintenance granted to his estranged wife on the ground that he lost his job.

A single judge bench of Justice M Nagaprasanna said, “The submission of the learned counsel that the husband has lost his job and cannot be directed to pay maintenance is noted only to be rejected, as the husband being an able bodied man is expected to work and take care of the wife. Any interference of the order that is impugned would run foul of the judgment of the Apex Court in the case of Apex Court in the case of Anju Garg And Another vs. Deepak Kumar Garg, 2022 SCC Online SC 1314.”

Karnataka High Court Dismisses Challenge To Re-Exam For Police Sub-Inspectors Recruitment

Case Title: Chandan N V and Others AND Sate of Karnataka & Others

Case No: Writ Petition No 15873 of 2022 etc.

Citation No: 2023 LiveLaw (Kar) 429.

The Karnataka High Court has dismissed a batch of petitions challenging the re-exam for the recruitment of 545 police sub-inspectors. The court has directed the state government to conduct the re-examination through an independent agency, without charging any fresh fee to the candidates.

A division bench of Justice P S Dinesh Kumar and Justice T G Shivashaker Gowda dismissed the petitions. It said “The order passed by the State Government, in the facts and circumstances of this case, is just and appropriate and does not call for any interference.”