Karnataka High Court Weekly Round-Up: August 1 To August 7, 2022

Nominal Index: NINGARAJU N v. OFFICIAL LIQUIDATOR OF M/S INDIA HOLIDAY (PVT) LTD. 2022 LiveLaw (Kar) 296 Suo-Motu v. The State Of Karnataka. 2022 LiveLaw (Kar) 297 AMIT GARG v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 298 DIVYA RAJESH HAGARAGI v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 299 IMRAN SIDDIQUI v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 300 George Varghese v Superintendent of Police. 2022 LiveLaw (Kar) 301 J MANJUNATH v THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 302 M/S. MADHI TRADING CO & Others v THE JOINT CHIEF CONTROLLER OF EXPLOSIVES. 2022 LiveLaw (Kar) 303 ELECTION COMMISSION OF INDIA v RAVISHIVAPPA PADASALAGI @ SAVADI & Others. 2022 LiveLaw (Kar) 304 Judgments/Orders/Reports 1. Karnataka High Court Orders ₹5 Lakhs Compensation To Man Wrongly Arrested, Says Arresting Officer Must Ascertain Identity Case Title: NINGARAJU N v. OFFICIAL LIQUIDATOR OF M/S INDIA HOLIDAY (PVT) LTD. Case No: COMPANY APPLICATION NO. 96 OF 2022 C/W COMPANY PETITION NO.26 OF 2008. Citation: 2022 LiveLaw (Kar) 296 The Karnataka High Court has held that whenever any warrant is issued, whether bailable or non-bailable, the arresting officer is required to ascertain the identity and be satisfied that the person proposed to be arrested is the same person as against whom the warrant has been issued. 2. Karnataka High Court Directs State To Ensure Compliance Of Order Restricting Protests, Processions To Bengaluru's Freedom Park, Closes PIL Case Title: Suo-Motu v. The State Of Karnataka Case No: WP 5781/2021 Citation: 2022 LiveLaw (Kar) 297 The Karnataka High Court on Monday directed the State government to ensure compliance of the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 issued under the Karnataka Police Act, permitting procession, dharna and protest only at Freedom Park in Bengaluru. 3. Criminal Law Can't Be Used For 'Recovery Of Money' Unless Offence Of Cheating/ Criminal Breach Of Trust Is Established: Karnataka High CourtCase Title: AMIT GARG v. STATE OF KARNATAKA Case No: CRIMINAL PETITION NO.4856 OF 2021 Citation: 2022 LiveLaw (Kar) 298 The Karnataka High Court has said that the criminal law cannot be set into motion for recovery of money paid under a contract, unless the offence of cheating or even criminal breach of trust is established. 4. PIL Not Maintainable In Service Matters: High Court Dismisses Challenge To Appointment Of Special Officer To State Nursing Education Regulation Authority Case Title: DIVYA RAJESH HAGARAGI v. STATE OF KARNATAKA Case No: WP 12388/2020 Citation: 2022 LiveLaw (Kar) 299 The Karnataka High Court on Tuesday dismissed a public interest litigation filed by Divya Rajesh Hagaragi who is a prime accused in the Police Sub-Inspector Recruitment Scam, questioning the appointment of Dr. N. Ramakrishna Reddy as a Special Officer to the Karnataka Nursing and Paramedical Sciences Education (Regulation) Authority. 5. Inordinate Delay In Lodging "Extortion" Complaint Gives Rise To Doubts As To Its Veracity: Karnataka High Court Case Title: IMRAN SIDDIQUI v STATE OF KARNATAKA Case NO: WRIT PETITION No.10023 OF 2022 C/W WRIT PETITION No.10029 OF 2022. Citation: 2022 LiveLaw (Kar) 300 The Karnataka High Court has said that unexplained delay in registering a complaint of extortion under Section 384 of the Indian Penal Code, gives rise to embellishment to a particular complaint. 6. Sanction U/S 137 Customs Act Not Required For Prosecution On Charges Under Prevention Of Corruption Act: Karnataka High CourtCase Title: George Varghese v Superintendent of Police Case No: CRIMINAL REVISION PETITION No.1193 OF 2012 Citation: 2022 LiveLaw (Kar) 301 The Karnataka High Court has held that sanction under Section 137 of the Customs Act, to prosecute an officer of the Customs Department, charged under the offences punishable under the Prevention of Corruption Act, is not required. 7. Karnataka High Court Denies Bail To Former Bengaluru Urban Dy Commissioner In Corruption Case Case Title: J MANJUNATH v THE STATE OF KARNATAKA Case No: CRL.P 6578/2022 Citation: 2022 LiveLaw (kar) 302 The Karnataka High Court on Wednesday dismissed the bail petition filed by IAS Officer J Manjunath, who has been arrested by the Anti Corruption Bureau (ACB) in a bribery case. 8. Fundamental Right To Trade Under Article 19 Not Unrestricted: High Court Upholds Ban On Firecracker Business In Congested Areas Of BengaluruCase Title: M/S. MADHI TRADING CO & Others v THE JOINT CHIEF CONTROLLER OF EXPLOSIVES. Case No: WRIT PETITION NO.46677 OF 2013 Citation: 2022 LiveLaw (Kar) 303 The Karnataka High Court has upheld the orders passed by the Director General of Police back in 2013 by which petitioners running the business in crackers & fireworks items were prohibited from carrying on their businesses in the ...

Karnataka High Court Weekly Round-Up: August 1 To August 7, 2022

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