Karnataka High Court Weekly Roundup: March 28 To April 3, 2022

Nominal Index:State Of Karnataka v. Asif Rasoolsab Sanadi, 2022 Livelaw (Kar) 92 Muthanna Mapangada vThe State Of Karnataka, 2022 Livelaw (Kar) 93 S. Shyamala @ Kathyayani v. B. N. Mallikarjunaiah, 2022 LiveLaw (Kar) 94 Tanaji S/O Nayaku Nikam v. Bharati W/O Tanaji Nikam, 2022 Livelaw (Kar) 95 Irfan Pasha v State of Karnataka, 2022 LiveLaw (Kar) 96 Mrs Dephny Gladys Lobo v. Asst Commissioner And President Senior Citizen Maintenance Tribunal, 2022 LiveLaw (Kar) 97 P.C.Padmamba v Channaveeramma R, 2022 Livelaw (Kar) 98 Rehan Khan v. Hon'ble Prime Minister of India, 2022 LiveLaw (Kar) 99 Judgments:1: Inhuman, Can't Ignore Her Trauma': Karnataka High Court Convicts Father For Sexually Assaulting Minor Daughter Case Title: State Of Karnataka v. Asif Rasoolsab Sanadi Case No:Crl.A.No.100190/2017Citation: 2022 Livelaw (Kar) 92Observing that, "there is no reason for the victim girl to give false evidence against her own father," the Karnataka High Court recently set aside an acquittal order passed by the trial court and sentenced the accused to suffer 10 years rigorous imprisonment, for sexually assaulting his daughter when she was a minor. A division bench of Justice H.T.Narendra Prasad and Justice Rajendra Badamikar noted that the victim must have undergone a lot of mental agony and shock by her father's act. It thus allowed the appeal filed by the prosecution and set aside the trial court judgement dated February 3, 2017, acquitting Asif Rasoolsab Sanadi. 2. Karnataka High Court Permits Flying Of Microlight Aircraft In Area Alleged To Be "Eco-Sensitive Zone" Of National Park, Till DGCA Reviews Permissions Case Title: Muthanna Mapangada vThe State Of Karnataka, Case No: Writ Petition No.12880 Of 2021 Citation: 2022 Livelaw (Kar) 93 The Karnataka High Court has permitted two aviation enthusiast/ certified pilots to fly microlight aircraft once a week in accordance with law, from the grass airstrip which they have built on their own lands in Kodagu district. A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar while disposing of the petition filed by Muthanna Mapangada and Kudimada Somanna Subbayya, said, "Meanwhile, the petitioners shall be entitled to fly the subject Micro-light Aircraft strictly in accordance with law once a week till the matter is decided by the respondent No.6 (Director General Of Civil Aviation)." 3: Mere Filing Of Criminal Case By Wife, Demand For Separate House Not 'Cruelty': Karnataka High Court Sets Aside Divorce Decree Case Title: S. SHYAMALA @ KATHYAYANI v. B. N. MALLIKARJUNAIAH Case No: MISCELLANEOUS FIRST APPEAL No.3352/2016 Citation: 2022 LiveLaw (Kar) 94 The Karnataka High Court has said that merely for the reason that the wife was demanding a separate house and that she was in the habit of leaving the matrimonial house and going to her sister's and parents' house, the same cannot be termed as "cruelty" for the purpose of seeking a decree of divorce by the husband. 4: In Absence Of Specific Pleading By Party About Self Acquired Suit Property, It Is Presumed To Be Joint Family Property: Karnataka High Court Case Title: Tanaji S/O Nayaku Nikam v. Bharati W/O Tanaji Nikam Case No: Regular First Appeal No.100256/2015 Citation: 2022 Livelaw (Kar) 95 The Karnataka High Court has said that in absence of a specific pleading made by the defendants to a suit before the trial court that properties in the suit were self acquired, it is presumed that such properties acquired subsequently are with the aid of joint family properties and as such they acquire the character of joint family. A division bench of Justice H.T.Narendra Prasad and Justice Rajendra Badamikar said, "When there is no specific plea in the written statement, presumption is that, the properties acquired subsequently are with the aid of the joint family properties and as such, they acquire the character of joint family itself." 5: No Appeal Lies Against Special Court Order Rejecting Transfer Of Case U/S 20 NIA Act: Karnataka High Court Case Title: Irfan Pasha v State of Karnataka Case No: Criminal Appeal no 755/2021 Citation: 2022 LiveLaw (Kar) 96 The Karnataka High Court has said that an order passed by the Special Court on an application filed under section 20 of the National Investigation Agency Act, seeking to transfer the case from the special court, is an interlocutory order and the same cannot be challenged in appeal under section 21 of the Act, before the High Court. A full bench comprising of Chief Justice Ritu Raj Awasthi, Justice B Veerappa and Justice P Krishna Bhat while deciding on a reference said, "An interlocutory application rejected by the Special Court vide order dated 22.02.2021 would not give rise to filing of an appeal under Section 21 of the National Investigation Agency Act, 2008." 6: Only 'Indian Citizens' Can Initiate Proceedings Under Senior Citizens Act: Karnataka High...

Karnataka High Court Weekly Roundup: March 28 To April 3, 2022

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