Karnataka High Court Monthly Digest: January 2022

This digest contains all the important judgments and orders pertaining to Karnataka for the month of January 2022, covered by LiveLaw.1: JLR Is State Owned Company, Not Required To Obtain Permission Of Central Govt For Construction Within Reserve Forest: Karnataka High Court Case Title: PS Mohan v. State Of Karnataka Citation: 2022 LiveLaw (Kar)1 The Karnataka High Court said that no permission of the Central Government was required to construct lodges/ resorts within the reserve forest area at Dubare in Kodagu district as the concerned company- Jungle Lodges and Resorts Limited- is owned and controlled by the Karnataka Tourism Development Corporation. 2: Karnataka High Court Directs Govt To Immediately Start Construction Of Organ Transplantation Institute In Bengaluru Case Title: Dr. R. Chandrashekara v. State Of Karnataka Citation: 2022 LiveLaw (Kar) 2 The Karnataka High Court on Tuesday directed the State Government to immediately start construction of Gastroenterology Science & Organ Transplantation Institute in Bengaluru and complete the same in a time bound manner. It will be the first hospital only for organ transplant in the country. A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj dismissed a petition filed by Dr. R. Chandrashekara and Dr. B. Rudrappa, pending which the construction of the hospital had been put on hold. 3: 'No Prohibition On Ordering DNA Test In Deserving Cases,Does Not Amount To Self-Incrimination Under Article 20(3)': Karnataka High Court Case Title: Malappa @Malingaraya v. State of Karnataka Citation: 2022 LiveLaw (Kar) 3 The Karnataka High Court has dismissed a petition filed by a rape accused seeking to quash the DNA report which confirmed him to be the biological father of a child born to the victim of sexual assault. Justice HP Sandesh dismissed the petition filed by accused Mallapa @Malingarya. The Court said, "It is clear that ordering for DNA itself should not be as a matter of routine but wherein deserving cases, the Court can direct for DNA test and there is no prohibition for ordering DNA test and the same is subject to each facts and circumstances of the case." 4:Enforcement Directorate May Probe PMLA Cases Throughout India, Including J&K: Karnataka High Court Case Title: Anish Mohammed Rawther v. The Deputy Director, Enforcement Directorate Citation: 2022 LiveLaw (Kar) 4 The Karnataka High Court has said that the Enforcement Directorate can probe a case under the provisions of Prevention of Money Laundering Act, throughout India, including the Union Territory of Jammu and Kashmir. Justice Krishna S Dixit said, "Sub-section (2) of section 1 of the (PML) Act reads "It extends to the whole of India. Thus, keeping the RPC (Ranbir Penal Code) offences away from the Act would offend the very parliamentary intent of extending this Act "to the whole of India." 5:'Adverse Possession' Of Property vs 'Permissive Possession': Karnataka High Court Explains Case Title: Chepudira Madaiah v. Mallengada Chengappa Citation: 2022 LiveLaw (Kar) 5 The Karnataka High Court has said a person will not acquire adverse possession by simply remaining in permissive possession, for however long it may be. Dr. Justice HB Prabhakara Sastry said, "Article 65 of the Limitation Act presupposes that the limitation starts only if the defendants prove the factum of adverse possession affirmatively from a particular time." 6: Section 427 CrPC -Sentence Of Escaped Life Convict Will Not Run Concurrently : Karnataka High Court Case Title: Bandenawaj v. The State Of Karnataka Citation: 2022 LiveLaw (Kar) 6 The Karnataka High Court has said that a life convict on being sentenced for escaping from prison on grant of parole leave, cannot claim that his subsequent sentence, less severe in nature, runs concurrently with the prison term he was undergoing. The Court held that an escaped convict cannot seek the benefit of Section 427(2) CrPC, which says that the subsequent sentence of a person already undergoing imprisonment will run concurrently. 7: Karnataka High Court Upholds GST & Central Excise Duty On Tobacco; Says 'Articles 246 & 246A Can Be Simultaneously Exercised' 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." 8: 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 Monthly Digest: January 2022

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Karnataka High Court Monthly Digest: January 2022

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