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

Case Title: State Of Karnataka v. Asif Rasoolsab Sanadi Case No:Crl.A.No.100190/2017

Citation: 2022 Livelaw (Kar) 92

Observing 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 Court

Case Title: MRS DEPHNY GLADYS LOBO v. ASST COMMISSIONER AND PRESIDENT SENIOR CITIZEN MAINTENANCE TRIBUNAL, Case No: WRIT PETITION NO.6720/2016

Citation: 2022 LiveLaw (Kar) 97

The Karnataka High Court has held that only 'Indian Citizens' can initiate proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

A Single Judge bench of Justice P. Krishna Bhat said, "It is evident that one of the essential elements for being designated a 'Senior Citizen' for the purposes of the Act is the person being an Indian citizen."

7. Authority Under Registration Act Not Civil Court, Can't Issue Summons Or Examine Witnesses: Karnataka High Court

Case Title: P.C.Padmamba v Channaveeramma R Case No: R.S.A. No.5/2017

Citation: 2022 Livelaw (Kar) 98

The Karnataka High Court has said that the power conferred on the registering officer under the Registration Act is fundamentally to enable him to satisfy himself about the identity of the person who has presented the document and enquire with him as to whether he has executed the document so presented by him and this power cannot be enlarged by examining the witnesses, scribe etc.

8. Karnataka High Court Rejects Plea To Award Bharat Ratna Award To Late Seer Shivakumara Swami

Case Title: Rehan Khan v. Hon'ble Prime Minister of India Case No: WP 139/2022

Citation: 2022 LiveLaw (Kar) 99

The Karnataka High Court on Friday dismissed a public interest litigation filed by one Rehan Khan, seeking a direction be issued to the Prime Minister of India through its Principal Secretary to consider the representation made by him for conferring Bharat Ratna award on late Dr Sri Sri Shivakumara Swami.

Other reports:

• 1. Everything Is On Paper": Karnataka High Court Directs State To Take Prompt Steps For Establishment Of 'Goshalas' For Stray Animals

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

Case No: WP 18628/2019

The Karnataka High Court on Monday directed the state government to take appropriate steps to establish goshalas in the lands identified by it in each district of the state, for the welfare of stray animals. The court also directed the government to file a status report on the work carried out in this regard by the next date of hearing.

A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar was informed by the government that it has identified lands and allocated money for establishing goshalas in each district. A compliance report was submitted to the court.

2. Ejipura-Kendriya Sadana Flyover: Karnataka High Court Wants Project To Be Completed This Year, Tells Contractor To File Undertaking

Case Title: Adinarayan Shetty v. State Of Karnataka

Case No: WP 13605/2021

The Karnataka High Court on Tuesday suggested M/S Simplex Infrastructures Ltd to file an undertaking in court by Monday indicating that it would complete the four-lane Ejipura-Kendriya Sadana flyover in the Koramangala area of Bengaluru in a time bound manner.

A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishan Kumar said, "Considering the facts that in case a new agency is engaged in completing the remaining work of the project flyover and the process involved in engaging new agency which may delay the project and also considering the requirement of completion of project in public interest. We permit the Respondent 4 (M/S Simplex Infrastructures Ltd) to file an affidavit giving undertaking to complete the project within a time bound manner."

3. Land Denotification Case| Special Court Orders Registration Of Criminal Case Against Former Karnataka Chief Minister BS Yediyurappa

Case Title: Vasudeva Reddy v. B.S. Yediyurappa

Case No: PCR No. 51 / 2013

A Special Court in Bengaluru, has ordered the registration of a criminal case under provisions of the Prevention of Corruption Act, against former Chief Minister of the state BS Yediyurappa, in connection with a land denotification case pertaining to the 2006-07 period when Yediyurappa was the Deputy Chief Minister.

Additional City Civil and Sessions Judge B. Jayantha Kumar, dealing exclusively with criminal cases related to elected representatives, in its order dated March 26 said, "Register a Special Criminal Case against the accused No.2 Sri B.S.Yeddyurappa for the offence punishable under Sec.13(1)(d) R/w Sec.13(2) of the Prevention of Corruption Act, 1988. Issue summons to accused No.2 for his attendance only after filing of list of witnesses as required under Sec.204(2) Cr.P.C and the process fee is paid."

4. Karnataka Court Orders Probe Against Minister KS Eshwarappa For Alleged Hate Speech, Sedition

Case Title: Riyaz Ahamed v. K.S.Eshwarappa

Case No: PCR.No.5716/2022

A Special Magistrate's Court in Bengaluru on Wednesday issued a direction under section 156(3) of CrPC, directing the local Police to investigate a private complaint filed against State Minister of Rural Development, KS Eshwarappa, alleging offence of Sedition and promoting religious enmity. The complaint also names one Chenny @ Channabasappa as an accused.