Karnataka High Court Weekly Round-Up: February 6 To February 12, 2023

CH K.S.Prasad @ K S Prasad And State of Karnataka & ANR. 2023 LiveLaw (Kar) 41

Case Title: ABC And XYZ. 2023 LiveLaw (Kar) 42

Cheluvaraju And Information Commissioner, Central Information Commission & Others. 2023 LiveLaw (Kar) 43

Somanna & Others And Prakash. 2023 LiveLaw (Kar) 44

Hemanthkumar N And State of Karnataka & ANR. 2023 LiveLaw (Kar) 45

Syadul Akhon @Shahid Ahmad And State of Karnataka. 2023 LiveLaw (Kar) 46

Jana Jagruthi Samithi & ANR And State of Karnataka. 2023 LiveLaw (Kar) 47

SRINIVAS.S And STATE OF KARNATAKA. 2023 LiveLaw (Kar) 48

Kyathappa S & others v. The Secretary & others. 2023 LiveLaw (Kar) 49

Pratibha Singh And Vineet Kumar. 2023 LiveLaw (Kar) 50

Santhosh Kumar H And A Keshava Bhat & Others. 2023 LiveLaw (Kar) 51

High Court of Karnataka And K S Anil. 2023 LiveLaw (Kar) 52

M/s Premier Sales Promotion Pvt Ltd versus Union of India & Ors. 2023 LiveLaw (Kar) 53

Judgments/Orders

Employer Cannot "Lure" Employee By Provident Fund As It Is Statutory Deduction, Offence Of Cheating Not Attracted Upon Non-Remittance: Karnataka HC

Case Title: CH K.S.Prasad @ K S Prasad And State of Karnataka & ANR

Case No: CRIMINAL PETITION No.195 OF 2020

Citation: 2023 LiveLaw (Kar) 41

The Karnataka High Court has said that contribution towards provident fund by an employee is a statutory deduction and non remittance of it by the employer in the employee’s account maintained with the Provident Fund Organisation, cannot attract the offence of cheating.

A single judge bench of Justice M Nagaprasanna made this observation while allowing a petition filed by one CH K.S.Prasad and quashing the offences registered against him under sections 409 and 420 of the Indian Penal Code.

'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father

Case Title: ABC And XYZ

Case No: M.F.A.NO.2786/2022

Citation: 2023 LiveLaw (Kar) 42

The Karnataka High Court recently upheld a family court order which directed the mother of a seven years old girl child to hand over the custody to child's father, after observing that she herself was more attentive towards her illicit relationship at work rather than welfare of her child.

A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty dismissed the appeal filed by the woman and observed,

"If the issue regarding the relationship of the appellant with the said S (name redacted) juxtaposition the welfare of the child is considered, it appears that the appellant has given more importance to the illicit relationship of hers with the said S (name redacted) and has neglected the child...she had handed over custody of the child to her parents who were residing at Panchakul in Chandigarh while she continued to stay at Bengaluru with S (name redacted)."

Asking High Court To Set Aside Affidavit Filed By Opposite Party Before Another Forum ‘Preposterous’: Karnataka HC

Case Title: Cheluvaraju And Information Commissioner, Central Information Commission & Others

Case No: WRIT PETITION NO. 16575 OF 2022

Citation: 2023 LiveLaw (Kar) 43

The Karnataka High Court has termed as ‘preposterous’ a petition filed by one Cheluvraju seeking to declare an affidavit filed by the Government of India before the Central Information Commission in his application, as bad in law.

The petitioner had filed an application under the Right to Information Act before the Commission seeking certain information. Following the affidavit filed by the Ministry of Housing and Urban Affairs the application made by the petitioner came to be dismissed.

Disobeying Court's Orders And Alienating Property For Paying Debts Not Ground To Seek Pardon In Contempt Proceedings: Karnataka High Court

Case Title: Somanna & Others And Prakash

Case No: C.C.C. No.846/2017

Citation: 2023 LiveLaw (Kar) 44

The Karnataka High Court has convicted one Prakash for civil contempt and sentenced him to three months simple imprisonment with a fine of Rs 2,000 for wilfully disobeying court orders and alienating a property which the court had restrained him from doing so.

The court has also given the accused an option to avoid imprisonment by depositing the entire sale consideration amount received by him in alienating the property which is pending consideration of the appeal, within two months, which would be subject to the result of the said appeal or in default to undergo simple imprisonment for a further period of one month.

To Err Is Human: Karnataka HC Grants Relief To SC Category Candidate Who Wrongly Submitted KPSC Job Application Under ST Category

Case Title: Hemanthkumar N And State of Karnataka & ANR

Case No: WRIT PETITION NO. 24847 OF 2022

Citation: 2023 LiveLaw (Kar) 45

The Karnataka High Court has directed the Karnataka Public Service Commision to rectify the error made by a job applicant who had wrongly filled the application form under the Scheduled Tribe category instead of Scheduled Caste to which he belongs and regulate the provisional/final select list in accordance with his merit.

A single judge bench of Justice M Nagaprasanna while allowing the petition filed by one Hemanthkumar N, turned down the contention of the respondents that the order would open Pandora’s box and become a precedent.

It said, “If this order opens up Pandora’s box; so be it, if it becomes a precedent; so be that. This Court would not turn a deaf ear to a cry of a Scheduled Caste candidate who has scored high marks, despite the trials and tribulations throughout that they face to lose the opportunity of getting selected for trivial reasons.”

Karnataka High Court Rejects Bail Application Of Scrap Shop Owner Accused Of Staying Illegally In India For 20 Years

Case Title: Syadul Akhon @Shahid Ahmad And State of Karnataka

Case No: CRIMINAL PETITION NO. 252 OF 2023

Citation: 2023 LiveLaw (Kar) 46

The Karnataka High Court has rejected a bail application filed by a 42-year-old, who is alleged to have been living illegally in India for the last 20 years. According to the police, he is a Bangladesh citizen.

A single judge bench of Justice M G Uma, while refusing bail to Syadul Akhon @Shahid Ahmad, said: “It is alleged that he (petitioner) concocted the several ID Cards to project that he is an Indian Citizen. The allegation is of serious nature having serious consequences, such acts may prove to be a great threat to the Nation.”

Karnataka HC Dismisses Motivated PIL Against Excess Private Ownership Of Agricultural Land, Says Purity Of Means Relevant For Achieving Noble Ends

Case Title: Jana Jagruthi Samithi & ANR And State of Karnataka.

Case No: WRIT PETITION NO. 36109 OF 2019

Citation: 2023 LiveLaw (Kar) 47

The Karnataka High Court has dismissed a public interest litigation filed by one Jana Jagruthi Samithi and others seeking a directions to the State Authority, to see that certain private persons are not holding excess land beyond permissible limit and that such excess land be distributed among landless persons.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi on going through the records said “The petition is nothing but a clear misuse of a tool of public interest litigation for settling the personal score or targeting the respondents on a personal grudge.”

Karnataka High Court Refuses To Release RTI Activist's Seized Mobile Until He Unlocks It For Investigation

Case Title: SRINIVAS.S And STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 10518 OF 2022

Citation: 2023 LiveLaw (Kar) 48

The Karnataka High Court has refused to release the mobile phone of a RTI activist, seized by the Police during investigation of a criminal case against him, citing his refusal to unlock the device for the purpose of investigation.

The petitioner allegedly videographed the proceedings of Mysore Urban Development Authority in his phone and later prevented discharging official duties of the MUDA commissioner. During investigation, the Police seized his mobile to retrieve the alleged video and send it for forensic examination. However, as per the prosecution, the petitioner did not cooperate in the investigation and flatly refused to unlock the device.

Karnataka High Court Dismisses PIL Challenging Isha Yoga Centre's Construction Activities Near Nandi Hills

Case Title: Kyathappa S & others v. The Secretary & others

Case No: 312/2023

Citation: 2023 LiveLaw (Kar) 49.

The Karnataka High Court on Thursday dismissed a public interest litigation which alleged that construction of Isha Yoga Centre is allegedly causing environmental degradation and defacing entire ecosystem in the Foothills of Nandi Hills and Narasimha Devaru Range (Betta) NDB. The plea had alleged that permission have been granted by the authorities in utter violation of environmental laws.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi dismissed the petition and said the reasons would be recorded separately.

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act

Case Title: Pratibha Singh And Vineet Kumar.

Case No: WRIT PETITION No.21852 OF 2022

Citation: 2023 LiveLaw (Kar) 50

The Karnataka High Court has issued directions to trial courts to follow a timeline, in deciding applications filed by estranged women seeking maintenance from their respective husbands under section 24 of the Hindu Marriage Act.

A single judge bench of Justice M Nagaprasanna felt the requirement to issue the directions noting that “Proviso to Section 24 directs that an application filed under Section 24 seeking maintenance should be disposed of as far as possible within 60 days. The term “as far as possible” is being interpreted that the Court can pass orders even after six months in some cases, two years, three years or even four years after filing the application.”

Karnataka HC Refuses To Quash Proceedings Against Lawyer Accused Of Making Defamatory Allegations Against Complainant In Written Statement

Case Title: Santhosh Kumar H And A Keshava Bhat & Others.

Case No: CRIMINAL PETITION NO.4359 OF 2022 CONNECTED WITH CRIMINAL PETITION NO.4451 OF 2022

Citation: 2023 LiveLaw (Kar) 51

The Karnataka High Court has refused to quash a defamation complaint against an advocate, who is accused of filing a written statement with "objectionable statements against the complainant" before the Upalokayukta on behalf of his clients. The complainant is also a lawyer.

Justice K Natarajan rejected the contention of the accused - Advocate Santhosh Kumar M, that there is no criminal intention to defame the complainant or that he only acted in a good faith to protecting his client.

The bench said: “The averments made by the accused or defamatory statement made by the accused will not fall under the exception of the section 499 of IPC as the statement made by the accused No.3 (Advocate) cannot be said to be in a good faith while conducting the trial or proceedings.”

A Week After Sending Him To Jail, Karnataka High Court Orders Release Of Advocate In Contempt Case

Case Title: High Court of Karnataka And K S Anil

Case No: Criminal CC 9 of 2019 C/w Criminal CC 13 of 2022

Citation: 2023 LiveLaw (Kar) 52

The Karnataka High Court on Friday accepted the unconditional apology tendered by an advocate who was last week sent to judicial custody for contempt of court.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi said: “ By accepting the apology, the contempt proceedings are closed. Respondent accused be released forthwith.”

No GST Applicable On Supply Of Vouchers: Karnataka High Court

Case Title: M/s Premier Sales Promotion Pvt Ltd versus Union of India & Ors.

Case No: WRIT PETITION NO. 5569 OF 2022

Citation: 2023 LiveLaw (Kar) 53

The Karnataka High Court has ruled that vouchers do not fall under the category of goods and services and therefore, the issue and supply of vouchers would not attract GST.

The bench of Justices P.S. Dinesh Kumar and T.G. Shivashankare Gowda remarked that vouchers, including Gift Vouchers and Cash Back Vouchers, are mere instruments accepted as consideration for supply of goods or services, which have no inherent value of their own.