Karnataka High Court Weekly Round Up: June 13 - June 19, 2022

Nominal Index: CITIZENS ACTION GROUP v THE STATE OF KARNATAKA & Others. 2022 LiveLaw (Kar) 204 MURULY M.S. v. STATE OF KARNATAKA & others. 2022 LiveLaw (Kar) 205 Arun Vincent Rajkumar v S Mala. 2022 LiveLaw (Kar) 206 Hanumanthappa v State of Karnataka & Others. 2022 LiveLaw (Kar) 207 GANESH PRASAD HEGDE & Others v SUREKHA SHETTY. 2022 LiveLaw (Kar) 208 T.L. NAGARAJU v THE INSPECTOR OF POLICE. 2022 LiveLaw (Kar) 209 RT Rev Prasanna Kumar Samuel v State of Karnataka & others. 2022 LiveLaw (Kar) 210 D.ROOPA v H.N.SATHYANARAYANA RAO. 2022 LiveLaw (Kar) 211 MUZAMMIL PASHA v. NATIONAL INVESTIGATING AGENCY. 2022 LiveLaw (Kar) 212 XXXX versus XXXX. 2022 LiveLaw (Kar) 213 RAJAMMA H v THIMMAIAH V. 2022 LiveLaw (Kar) 214 BEML Ltd. v. Prakash Parcel Services Ltd. 2022 LiveLaw (Kar) 215 Judgments/Orders/Reports 1. Clear Encroachments From Subramanyapura, Begur Lakes: Karnataka High Court Directs Designated Officers Of BBMP Case Title: CITIZENS ACTION GROUP v THE STATE OF KARNATAKA & Others, Case No: WP 38401/2014. Citation: 2022 LiveLaw (Kar) 204 The Karnataka High Court has directed the Executive Engineers (designated officers) of Bruhat Bengaluru Mahanagara Palike (BBMP) to take steps and remove encroachments which exist in the tank area of Subramanyapura lake and Begur lake. 2. Formal Documentation Not Mandatory For Adoption Of Privately Owned Elephants, Commercial Transactions Prohibited: Karnataka High Court Case Title: MURULY M.S. v. STATE OF KARNATAKA & others Case No: WRIT PETITION NO.10688 OF 2022 Citation: 2022 LiveLaw (Kar) 205 The Karnataka High Court has held that Section 40 of the Wild Life (Protection) Act, 1972 permits private ownership of live elephants and there is no bar in giving them up in adoption, so long as the transaction is of non-commercial nature. 3. S.147 NI Act | Every Offence Under Negotiable Instruments Act Is Compoundable: Karnataka High Court Case Title: Arun Vincent Rajkumar v S Mala Case No: CRIMINAL REVISION PETITION No.579 OF 2015 Citation: 2022 LiveLaw (Kar) 206 The Karnataka High Court recently said that Section 147 of the Negotiable Instruments Act makes every offence punishable under the Act as compoundable and there is no bar on parties to compound the offence. 4. Minor Sexual Assault Victim & Her Mother Turning Hostile Amounts To 'Changed Circumstances' For Grant Of Bail: Karnataka High Court Case Title: Hanumanthappa v State of Karnataka & Others Case No: Criminal Petition No. 3997/2022 Citation: 2022 LiveLaw (Kar) 207 The Karnataka High Court recently granted bail to an accused alleged of sexually assaulting a minor girl and marrying her, after the victim and her mother turned hostile in court during the trial. 5. Stridhan Cannot Be Retained By Family Of Husband On Annulment Of Marriage: Karnataka High Court Case Title: GANESH PRASAD HEGDE & Others v SUREKHA SHETTY Case No: CRIMINAL PETITION No.4544 OF 2018 Citation: 2022 LiveLaw (Kar) 208 The Karnataka High Court has said that annulment of marriage cannot mean that all the articles that woman carried to the matrimonial house can be retained by the family of the husband. 6. State Or Society Cannot Intrude In Individual's Decision On Suitability Of Partner: Karnataka High Court Case Title: T.L. NAGARAJU v THE INSPECTOR OF POLICE, Case No: WRIT PETITION (HC) NO.42/2022 Citation: 2022 LiveLaw (Kar) 209 The Karnataka High Court has observed that the decision of the suitability of partners to a marital tie rests exclusively with the individuals themselves. Neither the State nor the Society can intrude into that domain. 7. 'No Material Against Him': Karnataka High Court Quashes POCSO Case Against Bishop Case Title: RT Rev Prasanna Kumar Samuel v State of Karnataka & others Case No: WP 5923/2018 Citation: 2022 LiveLaw (Kar) 210 The Karnataka High Court recently quashed the proceedings initiated by a Sessions Court against Reverend Prasanna Kumar Samuel under the Protection of Children from Sexual Offences Act 2012. He is the Bishop of Church of South India (CSI) Karnataka Central Diocese, Bengaluru. 8. Official Communication Between Two Public Servants Without It Being Referred To Other Departments Not Defamation: Karnataka High Court Case Title: D.ROOPA v H.N.SATHYANARAYANA RAO Case No: CRIMINAL PETITION NO.72 OF 2022 Citation; 2022 LiveLaw (Kar) 211 The Karnataka High Court has held that a pure official communication between two people, without it being referred to any other department or a quarter, cannot become the ingredient of Section 499 of the IPC. 9. Right To Defend Can't Be Illusory: Karnataka HC Orders Evidence Collected Prior To NIA Probe Be Supplied To Accused In 2020 Bangalore Riots Case Case Title: MUZAMMIL PASHA v. NATIONAL INVESTIGATING AGENCY Case No: WRIT PETITION No.19012 OF...

Karnataka High Court Weekly Round Up: June 13 - June 19, 2022

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