Karnataka High Court Weekly Round-Up: March 27 To April 2, 2023

Nominal Index:Omkarmurthy And State of Karnataka & Others. 2023 LiveLaw (Kar) 122HEALTHCARE GLOBAL ENTERPRISES LIMITED v. UNION OF INDIA & Others. 2023 LiveLaw (Kar) 123The Principal Secretary & ANR And Tejasco Techsoft Private Limited. 2023 LiveLaw (Kar) 124K. Madal Virupakshappa And State of Karnataka. 2023 LiveLaw (Kar) 125T Roopeshkumar @ Roopi And State of Karnataka. 2023 LiveLaw (Kar) 126Sujata & Others And Nehru @ Kamagond Patil & others. 2023 LiveLaw (Kar) 127Siddu And State of Karnataka. 2023 LiveLaw (Kar) 128Anoop Bajaj And Jayanna. 2023 LiveLaw (Kar) 129KM And KC & ANR. 2023 LiveLaw (Kar) 130The Director (Exams) & Others And Ravishankar & ANR. 2023 LiveLaw (Kar) 131Himayath Ali Khan v. Ministry of Home Affairs & Others. 2023 LiveLaw (Kar) 132M/S Patanjali Foods Limited Versus Union Of India. 2023 LiveLaw (Kar) 133M/S Tonbo Imaging India Pvt Ltd Versus Union Of India. 2023 LiveLaw (Kar) 134Judgement/OrdersLife Convicts Release Committee Must Meet Once In 2 Months: Karnataka High Court Case Title: Omkarmurthy And State of Karnataka & OthersCase No: WRIT PETITION NO. 1300 OF 2023Citation: 2023 LiveLaw (Kar) 122The Karnataka High Court has directed the state government to ask the Life Convicts Release Committee, headed by the Principal Secretary, State Home Department, to meet once in two months to review and pass orders on applications made for premature release/remission made by convicts serving life imprisonment.“I deem it appropriate to direct the State Government to henceforth direct the 2nd respondent/Committee to meet at least 6 times a year – once in two months, so that those application/s are considered at the right time on their individual merit and cases being filed only to place the application/s before the committee would be obviated,” said the court.Karnataka High Court Dismisses Appeal Against 30% Cap On Trade Margin Of 42 Anti-Cancer Drugs Case Title: HEALTHCARE GLOBAL ENTERPRISES LIMITED v. UNION OF INDIA & OthersCase No: WRIT Appeal No: 83/2023Citation: 2023 LiveLaw (Kar) 123The Karnataka High Court on Monday dismissed an appeal filed challenging a single judge bench order dated November 30, 2022, which had upheld a 2019 order issued by the Ministry of Chemicals and Fertilisers imposing a cap of 30% on trade margin of 42 anti-Cancer Drugs.A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal dismissed the appeal filed by Healthcare Global Enterprises Ltd. “For reasons to be recorded separately, appeal is dismissed,” said the court.Order XXI Rule 11 CPC | Judgment Debtor Cannot Be Arrested In Proceedings For Execution Of Arbitration Award: Karnataka High Court Case Title: The Principal Secretary & ANR And Tejasco Techsoft Private LimitedCase NO: WRIT PETITION NO. 4525 OF 2023Citation: 2023 LiveLaw (Kar) 124The Karnataka High Court has set aside an order passed by the Commercial Court, Bengaluru, ordering the arrest of the Principal Secretary and Commissioner of Department of Health and Family Welfare in an execution proceeding.A single judge bench Justice Sreenivas Harish Kumar set aside the order dated 15-02-2023, saying it is "patently illegal”. The respondent Tejasco Techsoft Private Limited had sought to execute the award passed in arbitration and they made an application under section 60 of the Code of Civil Procedure seeking attachment of movables and immovables found in the office of the petitioners.Karnataka High Court Dismisses BJP MLA Madal Virupakshappa's Plea For Anticipatory Bail In Bribery Case Case Title: K. Madal Virupakshappa And State of KarnatakaCase No: Criminal Petition No 1976/2023Citation 2023 LiveLaw (Kar) 125The Karnataka High Court on Monday dismissed the anticipatory bail application filed by BJP Leader Madal Virupakshappa in the alleged bribery case. The court had granted him interim anticipatory bail on March 7.Virupakshappa was the Chairman of KSDL but resigned after his son V Prashanth Madal was allegedly caught red-handed by the Lokayukta while accepting a bribe in relation to a contract.A single judge bench of Justice K Natarajan had reserved the order on March 17, after hearing both parties. The petitioner’s counsel had contended that there is absolutely no material to attract the provisions of Section 7 (a) (b) or (A) of the Prevention of Corruption Act.Person Against Whom Externment Order Is Passed Must Be Supplied 'Report' Leading To Such Decision: Karnataka High Court Case Title: T Roopeshkumar @ Roopi And State of KarnatakaCase No: WRIT PETITION No.392 OF 2023Citation: 2023 LiveLaw (Kar) 126The Karnataka High Court has made it clear that under Section 58 of the Karnataka Police Act, the report based on which a person is to be externed must be mandatorily supplied to such person along with the notice so issued.A single judge bench of Justice M Nagaprasanna allowed the petition filed by T Roopeshkumar @ Roopi and said “The provision makes it mandatory for grant of reasonable opportunity and also permits the person against...

Karnataka High Court Weekly Round-Up: March 27 To April 2, 2023

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