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

Nominal Index: 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 LeaderCase 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 CourtCase 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 CourtCase 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 CourtCase 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...

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

Mustafa Plumber

Tags