Karnataka High Court Weekly Round-Up: August 15 To August 21, 2022

V. SHASHIDHAR & others v. STATE OF KARNATAKA BY YELAHANKA. 2022 LiveLaw (Kar) 316

CHIRAG R. MEHTA v THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 317

M/S NITESH RESIDENCY HOTELS PVT.LTD v. UNION OF INDIA & Others. 2022 LiveLaw (Kar) 318

PERIYASWAMY M v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 319

Dr Shashidhar Subbanna v. State of Karnataka. 2022 LiveLaw (Kar) 320

HYDERABAD KARNATAKA NURSING MANAGEMENT ASSOCIATION v. THE CHAIRMAN KARNATAKA LEGISLATIVE COUNCIL & Others. 2022 LiveLaw (Kar) 321

PADMANABHA T G v. M/S RADICAL WORKS PVT. LTD. 2022 LiveLaw (Kar) 322

MS. NOWHERA SHAIK v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 323

ADARSHA SUGAMA SANGEETHA ACADEMY v. VRINDA S. RAO & others. 2022 LiveLaw (Kar) 324

K.C.Ramu @ Ramanna v. State of Karnataka. 2022 LiveLaw (Kar) 325

HUSAINSAB v. MODINABI @ FAKRUBI. 2022 LiveLaw (kar) 326

G VARADARAJU v. UNION OF INDIA. 2022 LiveLaw (Kar) 327

Judgments/Orders/Reports

1. Sedition Not Made Out In Absence Of Incitement Of Disaffection Towards Govt: Karnataka HC Quashes Case Against Police Association Leader

Case Title: V. SHASHIDHAR & others v. STATE OF KARNATAKA BY YELAHANKA

Case No: WRIT PETITION NO.6376/2019 (GM-RES) A/W CRIMINAL PETITION NO.4811/2020

Citation: 2022 LiveLaw (Kar) 316

The Karnataka High Court has quashed the case of sedition registered against a dismissed police constable who formed a Police Association namely Akhila Karnataka Police Maha Sangha (Welfare Body) in the year 2016 and was accused of spearheading a movement to instigate the lower rung of the Police force to act against the present elected Government

2. S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court

Case Title: CHIRAG R. MEHTA v THE STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 5712 OF 2022

Citation: 2022 LiveLaw (Kar) 317

The Karnataka High Court has reiterated that a petitioner/accused would become entitled to all copies of the charge sheet material, denial of which would undoubtedly be contrary to the principle of fairness and result in an unfair trial.

3. Writ Court Cannot Examine Transactions Between Bank & Borrower As They Are Essentially Contractual In Nature: Karnataka High Court

Case Title: M/S NITESH RESIDENCY HOTELS PVT.LTD v. UNION OF INDIA & Others

Case NO: WRIT PETITION NO.2004 OF 2022

Citation: 2022 LiveLaw (Kar) 318

The Karnataka High Court has said that writ courts neither have means nor the expertise to re-evaluate the "prudential decisions" of the Banks that are made in the ordinary course of their commercial transactions with accumulated wisdom in the trade.

4. POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC

Case Title: PERIYASWAMY M v. STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 6288 OF 2022

Citation: 2022 LiveLaw (Kar) 319

In connection with a trial under the POCSO Act, the Karnataka High Court has said that an application made by the accused under Section 311 of the CrPC for summoning of material witnesses should be ordinarily permitted unless the Court comes to a conclusion that it is a ruse to drag the proceedings or permitting it, would become an abuse of the process of the law.

5. Husband Asking Wife To Pursue Further Education, Expressing Views About Having A Child Not 'Cruelty': Karnataka High Court

Case Title: Dr Shashidhar Subbanna v. State of Karnataka

Case no: Criminal Revision petition no 1612/2016 C/W Criminal revision petition 1613/2016

Citation: 2022 LiveLaw (Kar) 320

The Karnataka High Court has observed that a husband suggesting to his wife or asking her to pursue her education further, cannot be considered as cruelty.

6.  Karnataka High Court Nod To Inspection Of Nursing Colleges By Legislative Panel

Case Title: HYDERABAD KARNATAKA NURSING MANAGEMENT ASSOCIATION v. THE CHAIRMAN KARNATAKA LEGISLATIVE COUNCIL & Others

Case No: WRIT PETITION No.9438 OF 2022 C/w. WRIT PETITION No. 9441 OF 2022 & WRIT PETITION No.9456 OF 2022

Citation: 2022 LiveLaw (Kar) 321

The Karnataka High Court has upheld the constitution of a Special House Committee which has been empowered to visit all the Nursing Colleges and Allied Health Sciences Institutions in the State and carry out inspections to ascertain whether they are functioning as per the directions of Indian Nursing Council and whether they have the necessary infrastructure and other facilities.

7. Negotiable Instruments Act| Delay In Disposal Of Case Not Ground To Grant Interim Compensation U/S 143A: Karnataka High Court

Case Title: PADMANABHA T G v. M/S RADICAL WORKS PVT. LTD

Case No: CRIMINAL PETITION No.524/2022

Citation: 2022 LiveLaw (Kar) 322

The Karnataka High Court has said that delay in disposal of case filed under Section 138 of the Negotiable Instruments Act cannot be a ground to grant interim compensation under Section 143A of the Act.

8. Cooks Recruited Under Karnataka Govt's 'Mid-Day Meal Scheme' Don't Fall Within Purview Of Minimum Wages Act: High Court

Case Title: MS. NOWHERA SHAIK v. STATE OF KARNATAKA

Case No: WRIT PETITION NO. 6926 OF 2018

Citation: 2022 LiveLaw (Kar) 323

The Karnataka High Court has said that head cooks and cooks employed on contract basis under the 'Bisi Oota Mid-day Meal scheme', being run by the state government do not qualify for wages under the Minimum Wages Act, 1948.

9. Civil Courts Must Ascertain Religious/ Charitable Nature Of 'Trust' Before Exercising Jurisdiction U/S 92 CPC: Karnataka High Court

Case Title: ADARSHA SUGAMA SANGEETHA ACADEMY v. VRINDA S. RAO & others

Case No: WRIT PETITION NO.33264 OF 2016

Citation: 2022 LiveLaw (Kar) 324

The Karnataka High Court has said that for exercising jurisdiction under Section 92 of the Code of Civil Procedure, the civil court is to first draw a factual finding from the material placed on record whether the Trust is a public charitable or a religious Trust and also whether the persons approaching the Court have any interest in the Trust.

10. Karnataka High Court Reverses Order Discharging Wife For Bigamy, First Husband's Murder; Says Trial Necessary To Appreciate Evidence

Case Title: K.C.Ramu @ Ramanna v. State of Karnataka

Case No: CRIMINAL REVISION PETITION No.206 OF 2018 C/w. CRIMINAL PETITION No.711 OF 2018 AND CRIMINAL PETITION No.7026 OF 2019.

Citation: 2022 LiveLaw (Kar) 325

The Karnataka High Court has set aside an order of the Sessions Court discharging a woman accused of bigamy and hatching a conspiracy with her second husband to murder her first husband.

11. S.65 Mohammedan Law | First Cousin Brother On Mother's Side Not Entitled To Share In Deceased Uncle's Property: Karnataka High Court

Case Title: HUSAINSAB v. MODINABI @ FAKRUBI

Case No: R.F.A.No.1979/2005

Citation: 2022 LiveLaw (kar) 326

The Karnataka High Court has held that a first cousin brother on the mother's side is not entitled to a share in the property of the deceased uncle, under the category of residuaries, as per Section 65 of the Mohammedan Law.

12. Karnataka High Court Upholds Constitutional Validity Of S.394 CrPC For Abatement Of Appeals On Death Of Accused

Case Title: G VARADARAJU v. UNION OF INDIA

Case No: WRIT PETITION NO.13145 OF 2022

Citation: 2022 LiveLaw (Kar) 327

The Karnataka High Court has dismissed a petition assailing the constitutional validity of section 394(1) of the Code of Criminal Procedure, 1973, which provides for abatement of criminal appeals on the death of accused.