Karnataka High Court Weekly Round-Up: January 23 To January 29, 2023

Nominal Index Kuldeep And State of Karnataka & Others. 2023 LiveLaw (Kar) 21 Union of India & others And State of Karnataka & others. 2023 LiveLaw (Kar) 22 XXX And ABC. 2023 LiveLaw (Kar) 23 XYZ And ABC. 2023 LiveLaw (Kar) 24 K V Srinivas Rao & others And State of Karnataka & Others. 2023 LiveLaw (Kar) 25 Rajeev Chandrasekhar And State of Karnataka. 2023 LiveLaw (Kar) 26 Dr.Satyakk And Government of India & Others. 2023 LiveLaw (Kar) 27 National Insurance Company Ltd And Menpa Maistry & others. 2023 LiveLaw (Kar) 28 K M Basha And State of Karnataka. 2023 LiveLaw (Kar) 29 M/s BBP Studio Virtual Bharat Pvt Ltd And State of Karnataka & Others. 2023 LiveLaw (Kar) 30 Shailesh Kumar V And State of Karnataka. 2023 LiveLaw (Kar) 31 Judgments/Orders Karnataka High Court Directs State Govt to Pay ₹3 Lakh To Lawyer Arrested Illegally By Police Case Title: Kuldeep And State of Karnataka & Others Case no: WRIT PETITION No.24832 OF 2022 Citation: 2023 LiveLaw (Kar) 21 The Karnataka High Court has directed the state government to pay a compensation of Rs 3 lakh to a 23-year-old advocate, who was last month arrested illegally by the police. Justice M Nagaprasanna said that lawyer Kuldeep's arrest was contrary to the guidelines issued by the Apex Court in the case of Arnesh Kumar. The court clarified that the compensation of Rs 3 Lakh will not come in the petitioner's way to claim additional compensation in a competent civil court in enforcement of a private law remedy. State Can't Levy Tax On Union's Property: Karnataka High Court Quashes Demand Notices Issued By Mangalore Municipal Corporation, Cites Article 285 Case Title: Union of India & others And State of Karnataka & others Case No: WRIT PETITION No.33252 OF 2012 Citation: 2023 LiveLaw (Kar) 22 The Karnataka High Court recently quashed the demand notices issued to the Union of India by the Mangalore Municipal Corporation towards payment of property tax in respect of the building used for staff quarters. A single judge bench of Justice M G S Kamal by its order dated November 8, 2022, quashed the notices issued by the corporation dated 04-06-2010 and 16-07-2011. However, since the amount was already paid to the corporation by the department, it directed the corporation to adjust the same towards payment of service tax for the amenities provided. Marriage With Minor Girl Not Void U/S 11 Of Hindu Marriage Act: Karnataka High Court Case Title: XXX And ABC Case No: MISCELLANEOUS FIRST APPEAL NO.1493 OF 2015 Citation: 2023 LiveLaw (Kar) 23 The Karnataka High Court has set aside an order passed by the family court under the Hindu Marriage Act by which it declared the marriage between a couple to be null and void, as the woman was minor at the time of marriage. A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty observed that Section 11 of the Act, which defines 'Void marriages', does not include legal age of marriage as a pre-condition. It thus set aside the family court order dated 08.01.2005 saying “Section 11 of the Act has no application to the fact situation of the case.” [S.24 Hindu Marriage Act] Able-Bodied Husband Cannot Seek Maintenance From Wife As It Would Prompt Idleness: Karnataka High Court Case Title: XYZ And ABC Case No: WRIT PETITION NO. 24226 OF 2022 Citation: 2023 LiveLaw (Kar) 24 The Karnataka High Court has said that if a wife is directed to pay maintenance to an able bodied husband who does not suffer from any disability or infirmity, it would be promoting idleness. A single judge bench of Justice M Nagaprasanna made it clear that “Merely because Section 24 of (Hindu Marriage) Act is gender neutral for grant of maintenance, it would be promoting idleness notwithstanding the fact that the husband has no impediment or handicap to earn.” Right To Property Constitutionally Guaranteed, State Can't Compel Landowners To Relinquish Their Land Except In Accordance With Law: Karnataka HC Case Title: K V Srinivas Rao & others And State of Karnataka & Others Case No: WRIT PETITION NO.24580/2021(LA-RES) C/W WRIT PETITION NOS.22750/2021(LB-RES), 23022/2021(LB-RES),6905/2022(LA-RES) Citation: 2023 LiveLaw (Kar) 25 The Karnataka High Court has said that if some landowners have relinquished their land it cannot be a ground to compel other landowners to do so except in accordance with law. A single judge bench of Justice Krishna S Dixit, partly allowed a bunch of petitions and restrained the Land Acquisition officer of Sagar City Municipal Council, from forcibly taking away the land of petitioners for expansion of a road. Working Journalists Act | Karnataka High Court Quashes Criminal Proceedings Against Union Minister Rajeev Chandrasekhar Case Title: Rajeev Chandrasekhar And State of Karnataka Case No: CRIMINAL PETITION NO.201520/2019 ...

Karnataka High Court Weekly Round-Up: January 23 To January 29, 2023

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