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Karnataka High Court Weekly Round Up: August 8 - August 14, 2022

Mustafa Plumber
15 Aug 2022 4:45 AM GMT
Karnataka High Court Weekly Roundup: July 4 to July 10 2022
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Nominal Index:

Vijay Nishant & others And State of Karnataka & others. 2022 LiveLaw (Kar) 305

Ateeq Ahmed & others And National Investigating Agency. 2022 LiveLaw (Kar) 306

KHIRASA S/O. KRISHNA KATHARE & Others V. SHANTA ALIAS GEETA & Others. 2022 LiveLaw (Kar) 307

LATHA RAJANIKANTH v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 308

NATIONAL INVESTIGATION AGENCY v UNION OF INDIA & Others 2022 LiveLaw (Kar) 309

V.KRISHNAREDDY v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 310

THAHSEEN BEGUM @ TASI v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 311

MALNAD TECHNICAL EDUCATION SOCIETY v KARNATAKA INFORMATION COMMISSION. 2022 LiveLaw (Kar) 312

CHIDANANDA URS B.G v THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 313

STEEL HYPERMART INDIA PVT. LTD. & Others v. CENTRAL BUREAU OF INVESTIGATION. 2022 LiveLaw (Kar) 314

RELIANCE GENERAL INSURANCE COMPANY LIMITED v GANGAPPA S/O. CHINNAPPA SAUNSHI. 2022 LiveLaw (Kar) 315

Judgments/Orders.

1. Karnataka HC Directs State Wildlife Board To Reconsider Proposal To Declare Hesaraghatta Grassland As "Reserve"

Case Title: Vijay Nishant & others And State of Karnataka & others

Case No: W.P No 6374 of 2021 C/W W.P No. 11738 of 2021

Citation: 2022 LiveLaw (Kar) 305

The Karnataka High Court has directed the State Board for Wildlife to reconsider the proposal submitted by Chief Conservator of Forests for declaring Hesaraghatta Grassland as Conservation Reserve.

A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty allowed the petitions filed by Vijay Nishant and others and quashed the order dated 19.01.2021 of the Board rejecting the proposal.

2. Bengaluru Riots | Attacking Police With Petrol Bottles Amounts To 'Terrorist Act' Under UAPA: Karnataka High Court

Case Title: Ateeq Ahmed & others And National Investigating Agency

Case No: CRIMINAL APPEAL No.814/2022 C/W CRIMINAL APPEAL No.788/2022

Citation: 2022 LiveLaw (Kar) 306

The Karnataka High Court has said that use of petrol bottles while attacking police personnel and police stations by accused persons during the Bengaluru Riots of 2020 would prima-facie constitute 'Terrorist Act' under Section 15 of Unlawful Activities (Prevention) Act, 1967.

3. Suit For Partition & Separate Possession Can't Be Rejected At Threshold On Ground Of Limitation: Karnataka High Court

Case Title: KHIRASA S/O. KRISHNA KATHARE & Others V. SHANTA ALIAS GEETA & Others

Case No: CIVIL REVISION PETITION NO. 100095/2021

Citation: 2022 LiveLaw (Kar) 307

The Karnataka High Court has said that a suit for a primary relief of partition and separate possession cannot be rejected at the threshold citing Section 27 of the Limitation Act 1963.

4. Karnataka High Court Quashes Cheating Case Against Actor Rajanikanth's Wife, Sustains Forgery Complaint

Case Title: LATHA RAJANIKANTH v STATE OF KARNATAKA

Case No: CRIMINAL PETITION No.10145 OF 2021

Citation: 2022 LiveLaw (Kar) 308

In partial relief to superstar Rajanikanth's wife Latha Rajanikanth, the Karnataka High Court has quashed charges of cheating, giving false statement and using evidence known to be false, levelled against her in a private complaint filed by a Chennai-based advertising company.

5. Karnataka High Court Permits NIA To Verify Documents Submitted By 12 Alleged Foreigners With UIDAI To Fraudulently Obtain Aadhar Cards

Case Title: NATIONAL INVESTIGATION AGENCY v UNION OF INDIA & Others

Case No: WP 2360/2022

Citation: 2022 LiveLaw (Kar) 309

The Karnataka High Court on Wednesday directed UIDAI (Unique Identification Authority of India) to give access to the National Investigation Agency (NIA) to the documents submitted by 12 alleged Bangladeshi nationals to obtain the Aadhaar Cards, so as to verify their genuineness.

6 .Individual Performing 'Public Duty' Comes Under Purview Of Prevention Of Corruption Act: Karnataka High Court

Case Title: V.KRISHNAREDDY v. THE STATE OF KARNATAKA

Case No: CRIMINAL PETITION No.685 OF 2022

Citation: 2022 LiveLaw (Kar) 310

The Karnataka High Court has said that the General Manager of Nandini Milk Products, which is a unit of KMF, a cooperative society, would become a 'public servant' within the Prevention of Corruption Act, 1998, for the ACB to register a crime.

7. Karnataka High Court Refuses To Quash POCSO Case Against School Teacher Who 'Removed Student's Pants' As Punishment

Case Title: THAHSEEN BEGUM @ TASI v STATE OF KARNATAKA

Case No: WRIT PETITION NO. 12097 OF 2022

Citation: 2022 LiveLaw (Kar) 311

The Karnataka High Court has refused to quash a case of sexual harassment registered against a school teacher under the provisions of the Protection of Children from Sexual Offences Act for allegedly beating a 5-year-old student and removing her pants, revealing the body of the child as a measure of punishment.

8. Whether Govt Aided Educational Institutions Run By Societies Are Subject To RTI Act? Karnataka HC Asks State Information Commission To Decide

Case Title: MALNAD TECHNICAL EDUCATION SOCIETY v KARNATAKA INFORMATION COMMISSION

Case No: W.P.NO.5805/2015

Citation: 2022 LiveLaw (Kar) 312

The Karnataka High Court has directed the State Information Commission to decide whether societies and educational institutions (aided) run by the societies are subject to Right to Information Act, 2005.

9. Karnataka High Court Abolishes Anti-Corruption Bureau; Transfers Cases To Lok Ayukta

Case Title: CHIDANANDA URS B.G v THE STATE OF KARNATAKA

Case No: WP 19386/2016

Citation: 2022 LiveLaw (Kar) 313

The Karnataka High Court on Thursday set aside the government notification issued in the year 2016, constituting the Anti Corruption Bureau (ACB) in the state and vesting with it the powers of the Karnataka Lokayukta Police to investigate corruption cases against public servants.

10. ACB Was Constituted To Shield Corrupt Politicians, Officers From Lokayukta: Karnataka High Court

Case Title: CHIDANANDA URS B.G v THE STATE OF KARNATAKA

Case No: WP 19386/2016

Citation: 2022 LiveLaw (Kar) 313

The Karnataka High Court in its order abolishing the Anti Corruption Bureau, has observed that the very Constitution of ACB by the Government is to shield the Corrupt politicians, Ministers, and the officers from the watchful eyes of the Lokayukta and that Government is weakening the institution of Lokayukta to protect these persons from prosecution, inter alia under the provisions of the Prevention of Corruption (PC) Act.

11. Loan Fraud | Bank Can't Initiate Criminal Proceedings When Borrower's Declaration As 'Wilful Defaulter' Is Stayed By Court: Karnataka HC

Case Title: STEEL HYPERMART INDIA PVT. LTD. & Others v. CENTRAL BUREAU OF INVESTIGATION

Case No: CRIMINAL PETITION No.919 OF 2021

Citation: 2022 LiveLaw (Kar) 314

The Karnataka High Court has quashed an FIR registered by CBI's Banking Securities Fraud Branch against Steel Hypermart India and its founder for alleged bank fraud of over Rs. 200 crore.

A single judge bench of Justice M Nagaprasanna observed that the company's declaration as a 'wilful defaulter' was stayed by the Court and the matter is pending before the Review Committee of the Indian Bank.

12. Married Daughters Entitled To Motor Accident Compensation For Parent's Death; Can't Discriminate Between Sons & Daughters : Karnataka High Court

Case Title: RELIANCE GENERAL INSURANCE COMPANY LIMITED v GANGAPPA S/O. CHINNAPPA SAUNSHI

Case No: MISCELLANEOUS FIRST APPEAL NO. 102868 OF 2014

Citation: 2022 LiveLaw (Kar) 315

The Karnataka High Court has said that even married daughters are entitled for compensation on all the heads from the insurance company on the death of their parent in an accident.

A single judge bench of Justice H P Sandesh, sitting at Dharwad made the observation while dismissing the appeal filed by Reliance General Insurance Company Ltd challenging the order of the Motor Accidents Claim Tribunal dated May 9, 2014.

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