Karnataka High Court Weekly Round-Up: 13 February To 19 February, 2023

Nominal Index: PUNARVASU @ VASU And INDRANI S. 2023 LiveLaw (kar) 54 M V Guruprasad & ANR And State of Karnataka. 2023 LiveLaw (Kar) 55 G And State of Karnataka. 2023 LiveLaw (Kar) 56 Shadaksharappa And Kumari Vijayalaxmi. 2023 LiveLaw (Kar) 57 M.B.Jayadevaiah And The Managing Director, BMTC Central Offices & ANR.. 2023 LiveLaw (Kar) 58 M/s Hindustan Medical Products And State of Karnataka. 2023 LiveLaw (Kar) 59 Jayamma And Jayamma @ Nagamma. 2023 LiveLaw (Kar) 60 Sharan Desai v. State of Karnataka & Others. 2023 LiveLaw (Kar) 61 Ramachandra & ANR And State Of Karnataka. 2023 LiveLaw (Kar) 62 Sikandar Mohammad Ali Dalal & ANR And Babu Hanumanth Mindolkar & Others. 2023 LiveLaw (Kar) 63 National Law School of India University And Manjula P R & others. 2023 LiveLaw (Kar) 64 Director of Income Tax Versus IBM India. 2023 LiveLaw (Kar) 65 A.B. Yomakeshappa And Karnataka State Information Commission & Others. 2023 LiveLaw (Kar) 66 Indian Coffee Workers Cooperative Society Limited And The Senior Labour Inspector & Others. 2023 LiveLaw (Kar) 67 Nagamma And State of Karnataka. 2023 LiveLaw (kar) 68 K J Kunjumon & others And State of Karnataka & Others. 2023 LiveLaw (kar) 69Patil Malligemadu Chandrashekhar & others And State of Karnataka & Others. 2023 LiveLaw (Kar) 70 Judgement/Orders Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court Case Title: PUNARVASU @ VASU And INDRANI S Case No: WRIT PETITION NO. 20737 OF 2021 Citation: 2023 LiveLaw (kar) 54 The Karnataka High Court has made it clear that an able bodied man has to take care of his wife and child even, by finding an avocation, if he has none. A single judge bench of Justice M Nagaprasanna made this observation while rejecting a petition filed by a husband questioning the order of the family court granting his estranged wife and child maintenance amount of Rs 10,000 per month under Section 125 CrPC. Govt Can't Act As A Robber, Taking Away Private Land Without Compensation Militates Against Constitutional Guarantees: Karnataka High Court Case Title: M V Guruprasad & ANR And State of Karnataka Case No: WRIT PETITION NO. 61426 OF 2016 Citation: 2023 LiveLaw (Kar) 55 The Karnataka High Court has expressed deep anguish over the actions of Karnataka Industrial Areas Development Board (KIADB) and its officials who for almost 15 years failed to pay compensation to landowners whose properties were acquired for public purpose in 2007. Justice Krishna S Dixit, while partly allowing the petition filed by one M V Guruprasad, said, “The government cannot act as a robber of citizen’s lands.” “Taking away private lands for the purported public purpose sans compensation militates against the spirit of constitutional guarantee enacted u/a 300A, the fundamental right to property no longer being on the statute book, notwithstanding,” it added 498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made Case Title: G And State of Karnataka Case No: CRIMINAL PETITION NO. 104244 OF 2022 Citation: 2023 LiveLaw (Kar) 56 The Karnataka High Court has quashed a criminal case where "omnibus allegations" of physical and mental harassment were made by a woman against her sister-in-law. A single judge bench of Justice Mohammad Nawaz allowed the petition filed by a woman who was chargesheeted along with other accused under sections 498-A, 323, 504 read with Section 149 IPC. The court said, “In the statements of the mother and brothers of the complainant, there are no specific and distinct allegations made against the petitioner.” Order 26 Rule 9 CPC | Karnataka HC Issues Guidelines For Appointment Of Local Commissioners, Timely Filing Of Inspection Reports Case Title: Shadaksharappa And Kumari Vijayalaxmi Case No: W.P.NO.201274/2022 Citation: 2023 LiveLaw (Kar) 57 The Karnataka High Court has issued broad guidelines for trial courts to follow in appointing Court Commissioners exercising power under Order XXVI Rules 9 and 10 of the Code of Civil Procedure and also to adhere to a timeline in receiving reports of the Commissioner. A single judge bench of Justice Anant Ramanath Hegde sitting at Kalaburagi, said “The report under Order XXVI of the Code, in an appropriate case, is an effective tool available to the court and the party to the proceeding. The party to the proceeding, may use this tool for proving his/her case and the court to unravel the mystery surrounding the case.” Order XXVI Rule 9 CPC | Application For Appointment Of Local Commissioner Can Be Made Even Before Commencement Of Trial: Karnataka HC Case Title: Shadaksharappa And Kumari Vijayalaxmi Case No: W.P.NO.201274/2022 Citation: 2023 LiveLaw (Kar) 57 The Karnataka High Court has made it clear that an...

Karnataka High Court Weekly Round-Up: 13 February To 19 February, 2023

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