Karnataka High Court Weekly Round Up: June 6 To June 12, 2022

Nominal Index:CITATIONS: 2022 LiveLaw (Kar) 190 To 2022 LiveLaw (Kar) 203 ANAND C. @ ANKU GOWDA & others v. CHANDRAMMA 2022 LiveLaw (Kar) 190 ACHUT D. NAYAK & Others v THE SUB-DIVISIONAL MAGISTRATE & ANR 2022 LiveLaw (Kar) 191 NEW INDIA ASSURANCE COMPANY LIMITED v. ABDUL S/O MEHABOOB TAHASILDAR and C/W matter. 2022 LiveLaw (Kar) 192 DIVYA & ANR v. STATE OF KARNATAKA and Anr 2022 LiveLaw (Kar) 193 M/S. CREST FACILITY MANAGEMENT v UNION OF INDIA 2022 LiveLaw (Kar) 194 K. SRINIVAS & others v. THE KARNATAKA STATE ELECTION COMMISSION & others 2022 LiveLaw (Kar) 195 DR CHIDANANDA P MANSUR v. UNION OF INDIA & others 2022 LiveLaw (Kar) 196 BASAVARAJ ITAGI & others v. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 2022 LiveLaw (Kar) 197 M/s Abhiram Infra Projects Private Limited versus The Commissioner, Karnataka Slum Development Board 2022 LiveLaw (Kar) 198 SAMANTHA CHRISTINA DELFINA WILLIS & ANR v STATE OF KARNATAKA and others 2022 LiveLaw (Kar) 199 Ananda v. State Of Karnataka 2022 LiveLaw (Kar) 200 MAHAMMAD ALI AKBAR @ ALI UMAR v State of Karnataka 2022 LiveLaw (Kar) 201Sobha Ltd. v. Nava Vishwa Shashi Vijaya and Ors. 2022 LiveLaw (Kar) 202Gokaldas Images Private Limited versus Aries Agro-Vet Associates (Pvt) Limited & Anr. 2022 LiveLaw (Kar) 203 Judgments/Orders/Reports 1. Bigamy Is A Continuing Offence; Wife's Consent For Second Marriage Immaterial: Karnataka High Court Case Title: ANAND C. @ ANKU GOWDA & others v. CHANDRAMMA Case No: CRIMINAL PETITION No.9849 OF 2021 Citation: 2022 LiveLaw (Kar) 190 The Karnataka High Court has said that bigamy under section 494 of the Indian Penal Code (IPC) is a continuing offence and the consent of wife for the subsequent marriage would become immaterial for consideration of the offence. 2. Magistrate Must Afford Opportunity Of Hearing & Record His Satisfaction About Alleged "Nuisance" Before Passing Order U/S 133 CrPC: Karnataka HC Case Title: ACHUT D. NAYAK & Others v THE SUB-DIVISIONAL MAGISTRATE & ANR Case No: CRIMINAL PETITION NO. 100284 OF 2019 Citation: 2022 LiveLaw (Kar) 191 The Karnataka High Court has said that the power under Sections 133, 138 and 139 of CrPC to prevent public nuisance has to be exercised by affording sufficient opportunities to the parties and to record evidence and to arrive at a legal finding that the action of the person has resulted in nuisance to the general public at large. 3. Motor Accident Compensation For 'Loss Of Future Prospects' May Be Awarded Even If Disability Not Result Of Amputation: Karnataka High Court Case Title: NEW INDIA ASSURANCE COMPANY LIMITED v. ABDUL S/O MEHABOOB TAHASILDAR, and C/W matter. Case No: MISCELLANEOUS FIRST APPEAL NO. 103807 OF 2016 Citation: 2022 LiveLaw (Kar) 192 The Karnataka High Court has held that 'Loss of future prospects' has to be factored in, notwithstanding the fact that it is not a case of death but a case of injury without amputation resulting in whole body disability, which ultimately has a bearing on the reduced earning capacity. 4. Magistrate Can't Refer Defamation Complaint To Police For Investigation U/S 156(3) CrPC Even If Other Offences Are Also Alleged: Karnataka High Court Case Title: DIVYA & ANR v. STATE OF KARNATAKA and Anr Case No: CRIMINAL PETITION No.675 OF 2020 Citation: 2022 LiveLaw (Kar) 193 The Karnataka High Court has said the bar under Section 199 CrPC on a Magistrate from exercising powers under section 156(3) of the Criminal Procedure Code (CrPC) on a complaint involving offences punishable under Section 500 of the Indian Penal Code, would be applicable even in cases where offences are alleged for other offences in addition with Section 500 of the IPC. The Karnataka High Court has held that 'Loss of future prospects' has to be factored in, notwithstanding the fact that it is not a case of death but a case of injury without amputation resulting in whole body disability, which ultimately has a bearing on the reduced earning capacity. 5. Debarring Contractor From Participating In Any Contract Affects Right To Life, Prior Notice With Reasons For Blacklisting Is Must: Karnataka HC Case Title: M/S. CREST FACILITY MANAGEMENT v UNION OF INDIA Case No: WRIT PETITION NO.39350/2019 Citation: 2022 LiveLaw (Kar) 194 The Karnataka High Court has said that blacklisting or debarring of a Contractor from participating in any contract has civil consequences and thus, prior notice indicating the reasons for blacklisting and debarment has to be communicated and on receiving reply, a final order may be passed. 6. Karnataka Municipalities Act | Contesting Candidates Must Lodge Accounts Of Electoral Expenses With Returning Officer In 30 Days Of Result: High Court Case Title: K. SRINIVAS & others v. THE KARNATAKA STATE ELECTION COMMISSION & others Case No: WRIT APPEAL NO.408 OF 2022 Citation: 2022 LiveLaw (Kar) 195 ...

Karnataka High Court Weekly Round Up: June 6 To June 12, 2022

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