Karnataka High Court Weekly Round-Up: July 11 To July 17, 2022

Nominal Index: T.SADANANDA PAI v. SUJATHA S PAI. 2022 LiveLaw (Kar) 255 SYED SHABAJ v. SMT. PREMA & ANR. 2022 LiveLaw (Kar) 256 SHIVASWAMY & Others v. THE STATE OF KARNATAKA & ANR. 2022 LiveLaw (Kar) 257 Philips India Limited v. State of Karnataka & Others. 2022 LiveLaw (Kar) 258 Shivu @ Shiv Kumar v. State of Karnataka & ANR. 2022 LiveLaw (Kar) 259 MISS. PRIYANKA PRADEEP GAVADE v. THE DIVISIONAL MANAGER. 2022 LiveLaw (Kar) 260 NIRANJAN HEGDE v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 261 THE MANAGEMENT OF M/S GRASIM INDUSTRIES LTD v. THE GENERAL SECRETARY HARIHAR POLYFIBERS, EMPLOYEES UNION & Others. 2022 LiveLaw (Kar) 262 KARAN MENON v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 263 P.N.CHANDRASHEKAR v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 264 Dhananjay v. Jumma Masjid Malalipete. 2022 LiveLaw (Kar) 265 Judgments/Orders/Reports 1. Hindu Marriage Act | Able-Bodied Husband Having Earning Capacity Can't Seek Permanent Alimony From Wife:Karnataka High Court Case Title: T.SADANANDA PAI v. SUJATHA S PAI Case No: M.F.A. NO.1797 OF 2021 Citation: 2022 LiveLaw (Kar) 255 The Karnataka High Court has held that an able bodied man having the capacity to earn cannot seek for permanent alimony on divorce from his wife. 2. 'Sexual Acts Committed With Minor After Marriage': Karnataka High Court Grants Bail To POCSO Accused Case Title: SYED SHABAJ v. SMT. PREMA & ANR Case No: CRIMINAL PETITION NO. 3422/2022 Citation: 2022 LiveLaw (Kar) 256 The Karnataka High Court has granted bail to an accused arrested under the Protection of Children from Sexual Offences Act and Child Marriage Act while noting that the accused had subjected the minor girl to sexual act "after" they had got married, following elopement. 3. Criminal Trespass Complaint Can't Be Made If Property Is Not In Possession Of Complainant: Karnataka High Court Case Title: SHIVASWAMY & Others v. THE STATE OF KARNATAKA & ANR Case No: CRIMINAL PETITION No.2776 OF 2022 Citation: 2022 LiveLaw (Kar) 257 The Karnataka High Court has held that a complaint of criminal trespass cannot be made if the property on which the accused is alleged to have trespassed is not in the possession of the complainant. 4. Decision Of Adjudicating Authority Can't Be Doubted Merely Because It Is Govt Limb, Reliable Evidence Indicating Bias Is Must: Karnataka High Court Case Title: Philips India Limited v. State of Karnataka & Others Case No: W.A. NO. 557 OF 2022 Citation: 2022 LiveLaw (Kar) 258 The Karnataka High Court has held that there has to be reliable evidence to indicate that the authority adjudicating objections is biased and the decision cannot be questioned merely because the officer is a limb of the Government. 5. False Promise Of Marriage Must Have Direct Nexus To Woman's Decision To Engage In Sexual Act To Attract Offence Of Rape: Karnataka High Court Case Title: Shivu @ Shiv Kumar v. State of Karnataka & ANR Case No: Criminal Petition No 3596/2018 Citation: 2022 LiveLaw (Kar) 259 The Karnataka High Court has observed that false promise of marriage must be of immediate relevance or bear a direct nexus to the woman's decision to engage in the sexual act, to attract an offence of rape. 6. Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident Case Title: MISS. PRIYANKA PRADEEP GAVADE v. THE DIVISIONAL MANAGER Case NO: MFA NO. 25028 OF 2010 Citation: 2022 LiveLaw (Kar) 260 The Karnataka High Court has said if the medical evidence indicates that a minor child cannot straighten one of the lower limbs and one of the upper limbs has lost its power for use, it is as good as the human body becoming useless, so far as the person's ability to work and earn livelihood is concerned. Thus, the minor claimant has become functionally 100% disabled even when the medical expert has stated she has suffered 50 percent disability. 7. Wife Living Separately Commits Suicide In Parental House: Karnataka High Refuses To Quash Dowry Death Case Against Husband Citing Disputed Facts Case title: NIRANJAN HEGDE v. THE STATE OF KARNATAKA Case No: CRIMINAL PETITION No.5657 OF 2022 Citation: 2022 LiveLaw (Kar) 261 The Karnataka High Court has dismissed a petition filed by a husband seeking to quash a case of dowry death registered against him under Sections 304B and 498A of IPC, after his wife, living separately since over two years, committed suicide in her parental house. 8. Karnataka High Court Dismisses Grasim's Plea Against Increase In Employees' Retirement Age To 60 Yrs Case Title: THE MANAGEMENT OF M/S GRASIM INDUSTRIES LTD v. THE GENERAL SECRETARY HARIHAR POLYFIBERS, EMPLOYEES UNION & Others Case NO: WRIT APPEAL NO. 100250 OF 2021 Citation: 2022 LiveLaw (Kar) 262 The Karnataka High Court at...

Karnataka High Court Weekly Round-Up: July 11 To July 17, 2022

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