Karnataka High Court Weekly Roundup: February 28 To March 6, 2022

CITATIONS 2022 LiveLaw (Kar) 53 TO 2022 LiveLaw (Kar) 60Nominal Index: Shivanand S/O Karabasappa Gurannavar v. Basavva @ Laxmi W/O Shivanand Gurannavar 2022 LiveLaw (Kar) 53 M/S SAPL-GCC JV v. GOVERNMENT OF INDIA 2022 LiveLaw (Kar) 54 Dhondiba Anna Jadhav v. The State Of Karnataka 2022 LiveLaw (Kar) 55 Padmanabha v. State of Karnataka 2022 LiveLaw (Kar) 56 Michael Graham Prince v. Mrs. Nisha Misra 2022 Livelaw (Kar) 57 L.S. Tejasvi Surya v. State Of Karnataka 2022 LiveLaw (Kar) 58 Bibi Ayesha Khanum v. Union Of India 2022 Livelaw (Kar) 59 Rabiya Abdul Hamid Bepari v. The Chairman, School Managing Committee, Volkart Academy. 2022 LiveLaw (Kar) 60JUDGMENTS/ORDERS 1. Maintenance Awarded To Wife Under Domestic Violence Act Cannot Be Enhanced U/S 127 CrPC: Karnataka High Court Case Title: Shivanand S/O Karabasappa Gurannavar v. Basavva @ Laxmi W/O Shivanand Gurannavar Case No: Criminal Petition No.101378/2019 Citation: 2022 LiveLaw (Kar) 53 The Karnataka High Court has held that maintenance awarded to an estranged wife under the provisions of Protection of Women from Domestic Violence Act, 2005, cannot be enhanced on an application made by her under section 127 of the Criminal Procedure Code (CrPC). A single judge bench of Justice M. Nagaprasanna said, "A maintenance that is awarded under Section 125 of the Cr.P.C. can be varied in an application filed under Section 127 of the Cr.P.C. What is sine qua-non is that an order of maintenance should precede a petition under Section 127 of the Cr.P.C., failing which, a petition under Section 127 of the Cr.P.C. seeking enhancement of maintenance is not available." 2. Central Govt Can't Upset Tenders On Baseless Allegations Made By Unsuccessful Bidders: Karnataka High Court Case Title: M/S SAPL-GCC JV v. GOVERNMENT OF INDIA Case No: WRIT PETITION NO.11165 OF 2021Citation: 2022 LiveLaw (Kar) 54 The Karnataka High Court has observed that the decision of awarding tenders of gigantic value, cannot be readily upset by the Central Government on some baseless allegation being made by the unsuccessful bidders. A single judge bench of Justice Krishna S Dixit, set aside the order dated 15.04.2021, passed by the Central government by which it had constituted a Committee to conduct a detailed investigation into allegation of some irregularities perpetrated in awarding tender to M/S SAPL-GCC JV, by the New Mangalore Port Trust. 3. Prenatal Sex Determination | Magistrate Can't Take Cognizance Of Complaint Unless Filed By 'Appropriate Authority' Notified By Govt: Karnataka HC Case Title: Dhondiba Anna Jadhav v. The State Of Karnataka Case No: Criminal Petition No.101392/2019 Citation: 2022 LiveLaw (Kar) 55 The Karnataka High Court has reiterated that the under section 28 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, a Magistrate court cannot take cognizance of a complaint except it being registered by an 'Appropriate Authority' notified by the Central or the State government. A single judge bench of Justice M Nagaprasanna recently quashed the criminal proceedings initiated against Dhondiba Anna Jadhav and others who run Sri Dhondida Anna Jadhav Memorial Hospital at Gokak, based on a complaint filed by the Taluka Health Officer. 4. Commercial Tax Office One Of The Hubs Of Corruption' :Karnataka High Court Confirms Conviction Of A Tax Officer Charged Under PC Act Case Title: Padmanabha v. State of Karnataka Case No: Criminal Appeal 200043/2015Citation: 2022 LiveLaw (Kar) 56 Observing that "corruption is a distinct type of offence. It is like cancer to society. It eats the social and economical health every second resulting in unimaginable consequences," the Karnataka High Court recently confirmed the conviction handed down to a Commercial Tax officer under various provisions of the Prevention of Corruption Act. A single judge bench of Justice V Srishananda dismissed the appeal filed by accused Padmanabha challenging an order of the special court dated April 6, 2015, by which it sentenced the accused to 2 and half years of simple imprisonment and imposed a fine of Rs 1 lakh under section 7 of the Act and sentenced him to four years simple imprisonment under section 13 (1) (d) of the Act. 5. Overseas Citizens Of India Can Seek Divorce Before Indian Courts Against OCI Partner : Karnataka High Court Case Title: Michael Graham Prince v. Mrs. Nisha Misra Case No: Writ Petition No.15356 Of 2020 Citation: 2022 Livelaw (Kar) 57 The Karnataka High Court has held that Overseas Citizenship of India (OCI) cardholders can seek matrimonial reliefs before appropriate courts in India, against the estranged partner who is also an OCI cardholder. A single judge bench of Justice Krishna S Dixit said, "Subsection 2 of section 7B of the Citizenship Act, excludes certain rights from being granted to the OCI Cardholders. However,...

Karnataka High Court Weekly Roundup: February 28 To March 6, 2022

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