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

Nominal Index: 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...

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

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