Karnataka High Court Weekly Round Up : April 11 To April 17, 2022

Nominal Index: M/S. A. SEATING & Others v. M/S. NANDINI MODULARS 2022 LiveLaw (Kar) 113 J P I Dass School Of Nursing V State Of Karnataka 2022 Livelaw (Kar) 114 BABU S v. STATE BY KENGERI POLICE STATION 2022 LiveLaw (Kar) 115 D V VENKATESHAPPA v. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE 2022 LiveLaw (Kar) 116 Master Pavan S v. State Of Karnataka 2022 Livelaw (Kar) 117 Letzkit Foundation v. The State of Karnataka 2022 LiveLaw (Kar) 118 SOHO PUB AND GRILL And STATE OF KARNATAKA 2022 LiveLaw (Kar) 120 Zuhab Hameed Shakeel Manna @ Zohib Manna v. The National Investigation Agency 2022 LiveLaw (Kar) 121 Judgments/Orders/Reports 1. If Ground Of Delay In Filing S.138 NI Act Complaint Is Raised For First Time In Appeal, Case May Be Remanded Back For Consideration U/S 142(b): Karnataka HC Case Title: M/S. A. SEATING & Others v. M/S. NANDINI MODULARS Case No: CRIMINAL REVISION PETITION NO.1242/2021 Citation: 2022 LiveLaw (Kar) 113 The Karnataka High Court has said that if a party, opposing the proceedings instituted under Section 138 of the Negotiable Instruments Act, fails to raise the ground of delay in filing the complaint before the court of first instance, the Court in Appeal is empowered to remand the matter back for fresh consideration on the issue of condonation of delay under Section 142(b) of the Act. 2. High Court Orders Karnataka Govt, State Nursing Council To Decide Pleas For Starting General Nursing & Midwifery Courses In 8 Weeks Case Title: J P I Dass School Of Nursing V State Of Karnataka Case No: Writ Petition No.4980 Of 2022 Citation : 2022 Livelaw (Kar) 114 The Karnataka High Court has directed the state government and the Karnataka State Nursing Council to consider and take final decision on the proposal forwarded by 25 nursing schools seeking to start fresh courses in General Nursing and Midwifery (GNM) for the academic year 2021-22. 3. Customer Found In Brothel At Time Of Raid Can't Be Hauled Into Criminal Proceedings: Karnataka High Court Reiterates Case Title: BABU S v. STATE BY KENGERI POLICE STATION Case No: CRIMINAL PETITION No.2119 OF 2022Citation: 2022 LiveLaw (Kar) 115 The Karnataka High Court has reiterated that a customer found in a brothel at the time when it is raided cannot be prosecuted. A single judge bench of Justice M Nagarpasanna allowed the petition filed by one Babu S and quashed the proceedings pending against him under sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act, 1956 and section 370 (Trafficking of person) of the IPC. 4. State Forfeiting Private Property Without Giving Compensation Or TDR Certificates Violates Art. 300A Of Constitution: Karnataka High Court Case Title: D V VENKATESHAPPA v. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE. Case No: W.P.NO.1402/2021 Citation: 2022 LiveLaw (Kar) 116 The Karnataka High Court has directed the State government and Bruhat Bengaluru Mahanagara Palike (BBMP) to grant Transferable Development Rights (TDR) Certificates to a group of petitioners who surrendered their land to the corporation few years ago and still haven't received the TDR in-lieu of compensation. 5. Karnataka High Court Grants Bail To Juvenile Incarcerated For 2.5 Yrs; Maximum Punishment If Found Guilty Would Be 3 Yrs Case Title: Master Pavan S v. State Of Karnataka Case No: Criminal Revision Petition No.195/2021 Citation: 2022 Livelaw (Kar) 117 Observing that whereas the maximum punishment in respect of the alleged offence for which the accused, who was 17 years old at the time, is booked is of 3 years and he has already spent about 2½ years in custody, the Karnataka High Court passed an order granting bail. The petitioner who was aged about 17 years, along with other accused persons, who are 21 in number, are said to have committed murder of two persons. Hence, the police have investigated the matter and filed the charge-sheet. The Petitioner herein was booked under Sections 143, 144, 147, 148, 341, 302, 120-B, 427 read with Section 149 of IPC and Section 3(2) of PDPP Act. 6. Notified Draft Rules For Inquiry & Counselling In Cases Of Surrender Of Children By Parents: State Tells Karnataka High Court Case Title: Letzkit Foundation v. The State of Karnataka Case No: WP 10092/ 2021 Citation: 2022 LiveLaw (Kar) 118 The Karnataka government on Wednesday informed the High Court that it has published the draft rules which provide for the procedure for inquiry and counselling to be followed by Child Welfare Committees, in cases of surrender of a child by parents/ guardians to the Committee. 7. Smoking In Public Places Is Prohibited: Karnataka High Court Directs Restaurant To Earmark Hookah Smoking Area, Obtain License Case Title: SOHO PUB AND GRILL And STATE OF KARNATAKA Case No: WRIT PETITION No.6971 OF 2022Citation: 2022 LiveLaw (Kar) 120 The Karnataka High Court has directed a...

Karnataka High Court Weekly Round Up : April 11 To April 17, 2022

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