Karnataka High Court Weekly Roundup: January 10 to January 15, 2022

Case Title: M/s.V.S.Products v. Union of India

Citation: 2022 LiveLaw (Kar) 7

The Karnataka High Court upheld the notification dated July 6, 2019 issued by the Union of India by which Central Excise Duty has been levied on tobacco and tobacco products. Justice S. Sunil Dutt Yadav said, "It needs to be kept in mind that taxation is not merely a source of raising revenue but is also recognised by the fiscal tool to achieve fiscal and social objective."

2: Live Streaming Of Court Proceedings: Karnataka High Court Directs State To Provide Requisite Infra At Subordinate Courts

Case Title: Dilraj Rohit Sequeira v. Union Of India

Citation: 2022 LiveLaw (Kar) 8

The Karnataka High Court directed the State government to expeditiously consider and resolve the infrastructure requirements at district courts in Karnataka, for effective implementation of the Live streaming rules of judicial proceedings.

3. Won't Give Effect To Google Play Billing Policy Clarification Till Oct 31 : Google Tells Karnataka High Court

Case Title: Google India Private Limited v. Competition Commission Of India

Citation: 2022 LiveLaw (Kar) 9

The Karnataka High Court on Monday disposed of the petition filed by Google India challenging an order of the Competition Commission of India rejecting its request for access to the identity of app developers/ start-ups allegedly suffering harm on account of Google Play store payments policy 2020. A single-judge bench of Justice Krishna S Dixit took on record the joint memo filed by the parties–Google, Competition Commission of India and Alliance of Digital India Foundation (ADIF).

Case No: Criminal Petition No.2860/2021

Citation: 2022 Livelaw (Kar) 10

The Karnataka High Court has reiterated that a Court hearing a petition for quashing of FIR/ charge sheet under Section 482 CrPC cannot appreciate evidence as the same lies within the domain of the trial Court. Justice Sreenivas Harish Kumar said, "It is a settled principle that while deciding the petition under Section 482 of Cr.P.C, evidence cannot be appreciated as it lies within the domain of the Trial Court."

5: Person Working At Mutt Can't Claim 'Tenancy Rights' Over Appurtenant Land Granted For Residential Use: Karnataka High Court

Case Title: Sr Admar Mutt v. Yashoda

Citation: 2022 LiveLaw (Kar) 11

The Karnataka High Court has held that a cook, working for the Sr Admar Mutt in Udupi district, cannot claim occupancy over appurtenant land which was granted to him by the Mutt for residential use. A division bench of Justice P S Dinesh Kumar and Justice P Krishna Bhatt allowed the appeal filed by the Mutt challenging the single judge bench order dated April 21, 2011, by which it had confirmed the Land tribunal order granting occupancy to the cook.

6: CID Not Authorized To File Charge Sheet, Proceedings Vitiated: Karnataka High Court Upholds Seer's Acquittal

Case Title: State Of Karnataka v. Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharathi Shri Swamiji

Citation: 2022 Livelaw (Kar) 12

The Karnataka High Court has upheld a 2016 order of the trial court by which it discharged/ acquitted Raghaveshwara Bharathi Shri Swamiji, pontiff of the Shree Ramachandrapura Math, accused in a rape case. Justice V. Srishananda noted that the charge sheet in the matter was not filed by the authorized person. It thus observed, "If the charge sheet is filed by a person who is not the authorised person to file a final report as is contemplated under Section 173 of Cr.P.C, entire proceedings would definitely stand vitiated. Consequently, the further proceedings in pursuance of the said charge sheet is to be declared as non est."

7: Victim Can't Invoke Revisional Jurisdiction Against Each & Every Order Of Trial Court, May File Appeal Against Final Order: Karnataka High Court

Case Title: State Of Karnataka v. Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharathi Shri Swamiji

Citation: 2022 LiveLaw (Kar) 12

The Karnataka High Court has held that a victim/ complainant does not have the right to challenge each and every order that is passed by the trial Court. The filing of a revision petition itself is not a right which is granted to a party to a criminal trial, Justice V. Srishananda said while dismissing the revision petition filed by the alleged rape victim against the trial court acquitting Raghaveshwara Bharathi Shri Swamiji, pontiff of the Shree Ramachandrapura Math.

8: Essential Commodities Act: Karnataka HC Upholds State's Prerogative To Impose Conditions For Grant Of Authorization/Compassionate Appointment.

Case Title: Manmohankumar V.C v. The State Of Karnataka

Citation: 2022 LiveLaw (Kar) 13

The Karnataka High Court recently upheld the state government's power and prerogative to impose conditions such as restriction of 'age' and 'pass in 10th Standard' while considering the applications for grant of compassionate authorization under the Karnataka Essential Commodities Public Distribution System (Control) Order. Justice P S Dinesh Kumar said, "The State Government's power and prerogative to impose conditions while considering the applications for grant of authorisation is upheld."

9: Karnataka HC Directs State Mental Health Authority To Provide Proper Medical Treatment To Mentally Ill Inmates At Destitute Centres, Asylums, Etc.

Case Title: The Member Secretary v. Chief Secretary, Govt of Karnataka

Citation: 2022 Livelaw (Kar) 14

The Karnataka High Court has directed the Karnataka State Mental Health Authority to take appropriate and necessary steps for providing proper medical treatment to the mentally ill inmates of rehabilitation centres, aged homes, destitute centres, reception centres, asylums, orphanages centres, etc.

9: Enforcement Directorate Can't Seek Custody U/S 167 CrPC: Former Chancellor Of Alliance University Moves Karnataka HC Against Special Court Order

Former Chancellor of Alliance University, Madhukar G Angur, who has been arrested by the Enforcement Directorate in an alleged money laundering case, has approached the Karnataka High Court challenging the special court's order dated January 10, remanding him to ED custody till January 17. The case pertains to alleged money laundering and siphoning off University funds to the tune of Rs 107 crore. Angur has been booked u/s 3 and 4 of the Prevention of Money Laundering Act, 2002.

Other Developments

10: Karnataka High Court Issues Notice On Plea By Doctors Challenging One Year Compulsory Rural Service

Case Title: Dr. Keerthi Kurnool v. Union of India

Case No: WP 23258/2021

The Karnataka High Court has issued notice to the Union and State government and other respondents on a petition filed by one Dr. Keerthi Kurnool and 169 others, raising a challenge to Section 4 of the Karnataka Compulsory Service Training by Candidates Completed Medical Course Act, (KCS) 2012, which mandates one year compulsory rural service to all post graduate doctors.

11: Karnataka High Court Asks State To Strictly Implement SOP Banning Rallies, Dharnas Amid Covid Surge 

Case Title: Nagendra Prasad A V v. State of Karnataka

Case No: WP 518/2022

The Karnataka High Court on Friday directed the state government to strictly execute the standard operating procedure (SOP) issued on January 4 in all districts in view of Covid-19 pandemic. It clarified that no rallies, dharnas or any other political gathering shall be permitted in the entire state, till the SOP is in operation.

A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj also took on record the statement made by the Karnataka Pradesh Congress Committee that it has temporarily suspended the 10-day padayatra demanding implementation of the Mekedatu project across the Cauvery river.

12: Frivolous Cases Against Azim Premji: Karnataka High Court Convicts Representatives Of NGO 'India Awake For Transparency'

Case Title: Hasham Investment And Trading Company Private Limited v. India Awake For Transparency Pvt Ltd

Case No: CRL.CCC 9/2021

The Karnataka High Court on Friday convicted Advocate R Subramanian and P Sadanand, who represent the NGO India Awake For Transparency, for criminal contempt in the suo-motu proceedings initiated against them for filing multiple petitions on the same cause of action against former Wipro Chairman Azim Premji and the trust formed by him.

13: Karnataka High Court Asks State About Schemes For Welfare Of Stray Animals, Establishment Of Taluk Shelters

Case Title: High Court Legal Services Committee v. State Of Karnataka

Case No: WP 18628/2019

The Karnataka High Court on Friday directed the State government to inform whether it has notified any scheme for the welfare of stray animals. The Court also inquired whether the state government is contemplating to establish goshalas in each taluk of the state to protect these stray animals and also help the farmers from protecting their crops from these stray animals.

14: 'Project Is Much Delayed': Karnataka HC Seeks Time Bound Plan From BBMP For Construction Of Ejipura-Kendriya Sadana Flyover In Bengaluru

Case Title: Adinarayan Shetty v. State Of Karnataka

Case No: WP 13605/2021

The Karnataka High Court on Tuesday directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to submit a time bound plan in which it would complete the construction of the four-lane Ejipura-Kendriya Sadana flyover in the Koramangala area of Bengaluru. A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj orally said, "We don't want to hear the problems, we want a solution. We want you to give a date by when you will complete the construction."